City of Sacramento
City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01350 8/9/2022 Consent Item 18.
Budgetary Adjustments, Plans and Specifications Approval, and Contract Award for the 34th Street Rehabilitation Project (R15210000) [Published for 10-Day Review on 7/28/2022] File ID: 2022-01350
Location: 34th Street from 5th Avenue to Truckee Way, District 5 Recommendation: Adopt a Resolution: 1) approving the Plans and Specifications for 34th Street Rehabilitation Project; 2) authorizing the City Manager or the City Manager’s designee to transfer $2,100,000 (Road Maintenance and Rehabilitation, Fund 2036) from the expenditure budget of the 2020 Transportation Corridor Program (R15200000) to the expenditure budget of the 2021 Transportation Corridor Program - 34th Street Rehabilitation Project (R15210000); 3) awarding the construction contract for 34th Street Rehabilitation Project to Martin Brothers Construction in an amount not-to-exceed $1,195,293; and 4) authorizing the City Manager or the City Manager’s designee to execute the construction contract for the 34th Street Rehabilitation Project.
Contact: Avtar Banwait, Assistant Civil Engineer, (916) 808-6805, [email protected]; Judith Matsui-Drury, Supervising Engineer, (916) 808-7610, [email protected]; Ofelia Avalos, Engineering Manager, (916) 808-5054, [email protected]; Department of Public Works
Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
3-Construction Contract
4-Project Plans and Specifications
Description/Analysis
Issue Detail: The street segment of 34th Street from 5th Avenue to Truckee Way was adopted by the City Council as part of the FY2022/23 Resurfacing Plan (Resolution 2022-0142). This project was identified as an opportunity to bring the pavement condition of 34th Street to a state of good repair City of Sacramento Page 1 of 4
File ID: 2022-01350 8/9/2022 Consent Item 18.
and incorporate active transportation and safety improvements.
The Project improvements incorporate recommendations from the Vision Zero School Safety Study prepared for Sacramento Charter High School, which include the construction of bulb-outs at W and X Streets, installation of a rectangular rapid flashing beacon at X Street, and restriping to add Class II bike lanes as shown in the Bikeway Master Plan. Resurfacing includes the placement of a Cape Seal over the entire roadway. Existing curb ramps along the project limits will be removed and replaced to meet current standards.
The Project Plans and Specifications for the 34th Street Rehabilitation Project were completed. See Attachments for project plans and contracts with specifications.
The 34th Street Rehabilitation Project was advertised on June 1, 2022, and two bids were received.
Staff recommends that the construction contract be awarded to the lowest and responsive bidder, Martin Brothers Construction.
Policy Considerations: The actions requested herein are consistent with the City’s goals of improving and expanding public safety and enhancing livability.
The recommendations in this report are in accordance with City Code Chapters 3.60 and 3.64, and City Code Section 4.04.020.
The Sacramento City Code Section 4.04.020 and the City Council Rules of Procedure (Chapter 7, Section E.2.d) mandate that unless waived by a 2/3 vote of the City Council, all labor agreements and all agreements greater than $1,000,000 shall be made available to the public at least ten (10) days prior to City Council action. This item was published for 10-day review on July 28, 2022, in compliance with the City Code.
Economic Impacts: This new infrastructure is expected to create 4.78 total jobs (2.75 direct jobs and 2.03 jobs through indirect and induced actives) and create $738,016 in total economic output ($465,177 of direct output and another $272,839 of output through indirect and induced activities).
The indicated economic impacts are estimates calculated using a calculation tool developed by the Center for Strategic Economic Research (CSER). CSER utilized the IMPLAN input-output model (2009 coefficients) to quantify the economic impacts of a hypothetical $1 million of spending in various construction categories within the City of Sacramento in an average one-year period. Actual impacts could differ significantly from the estimates and neither the City of Sacramento nor CSER shall be held responsible for consequences resulting from such differences.
Environmental Considerations:
California Environmental Quality Act (CEQA): The City of Sacramento Environmental Planning Services Division has reviewed the proposed 34th Street Rehabilitation Project and determined that it is exempt from the provisions of CEQA under the Categorical ExemptionCity of Sacramento Page 2 of 4 File ID: 2022-01350 8/9/2022 Consent Item 18.
State Class 1 & 3, for the operation, repair, or minor alteration of public streets, sidewalks, gutters, bicycle lanes, and similar facilities involving no expansion of use [15301(c)]. The project also consists of the construction, location, installation of new small equipment (15303).
There would be no significant effect on the environment.
Sustainability: The project is consistent with sustainability goals of promoting walking by developing a universally accessible, safe, convenient, integrated, and well-connected pedestrian system. Transportation is also responsible for 57% of Sacramento’s local greenhouse gas emissions, the single largest sector. Providing safe and bikeable transportation alternatives helps to reduce single-occupant vehicle use and contribute towards Sacramento’s climate change goals.
Commission/Committee Action: The 34th Street Rehabilitation Project will be presented to the Active Transportation Commission in August 2022.
Rationale for Recommendation: The 34th Street Rehabilitation Project was advertised, and a total of two bids were received on June 22, 2022. The results of the bids are summarized below:
Contractor Bid Amount LBE Requirement
(5% Goal)
Martin Brothers Construction $1,195,293.00 45.9%
McGuire & Hester $1,399,497.00 78.5%
The Engineer’s estimate was $1,307,390.
The City Council approval is required prior to initiating construction activities for the project.
Construction is anticipated to begin August 2022 and be completed November 2022.
Both bidders met all required bid conditions. Staff recommends that the construction contract be awarded to the lowest responsive and responsible bidder, Martin Brothers Construction.
Financial Considerations: The estimated total cost to complete design, construction activities and construction management for the 2021 Transportation Corridor Program-34th Street Rehabilitation Project (R15210000) is approximately $2.5 million. With the approval of the transfer of $2,100,000 (Road Maintenance and Rehabilitation, Fund 2036) from the expenditure budget of the 2020 Transportation Corridor Program (R15200000), there will be sufficient funding in the 2021 Transportation Corridor Program - 34th Street Rehabilitation Project (R15210000) to award construction contract to Martin Brothers Construction for an amount not to exceed $1,195,293; and to cover all other remaining 34th Street Rehabilitation Project related costs.
Local Business Enterprise (LBE): Martin Brothers Construction is an LBE. The contract award will comply with the LBE participation requirement goal of 5%. Martin Brothers pledged an LBE City of Sacramento Page 3 of 4
File ID: 2022-01350 8/9/2022 Consent Item 18.
participation of 45.9%.
City of Sacramento Page 4 of 4
RESOLUTION NO. 2022-
Adopted by the Sacramento City Council
Budgetary Adjustments, Plans and Specifications Approval, and Contract Award:
34th Street Rehabilitation Project (R15210000)
BACKGROUND
A. The street segment of 34th Street from 5th Avenue to Truckee Way was adopted by the City Council as part of the FY2022/23 Resurfacing Plan (Resolution 2022-0142). This project was identified as an opportunity to bring the pavement condition of 34th Street to a state of good repair and incorporate active transportation and safety improvements.
B. Final plans and specifications for the 34th Street Rehabilitation Project were completed.
C. The 34th Street Rehabilitation Project was advertised for construction, and a total of two bids were received on June 22, 2022. The results of the bids are summarized below:
Contractor Bid Amount LBE Requirement
(5% Goal)
Martin Brothers Construction $1,195,293.00 45.9%
McGuire & Hester $1,399,497.00 78.5%
The Engineer’s estimate was $1,307,390.
D. Construction is expected to begin in August 2022 and be completed in November 2022.
E. Budget transfers are needed to fully fund the pavement resurfacing activities.
F. The two bidders met all required bid conditions. Staff recommends that the construction contract be awarded to the lowest responsive and responsible bidder, Martin Brothers Construction.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The Plans and Specifications for the 34th Street Rehabilitation Project are approved.
Section 2. The City Manager or the City Manager’s designee is authorized to transfer $2,100,000 (Road Maintenance and Rehabilitation, Fund 2036) from the expenditure budget of the 2020 Transportation Corridor Program (R15200000) to the expenditure budget of the 2021 Transportation Corridor Program - 34th Street Rehabilitation Project (R15210000).
Section 3. The construction contract for the 34th Street Rehabilitation Project is awarded to Martin Brothers Construction for an amount not to exceed $1,195,293.
Section 4. The City Manager or the City Manager’s designee is authorized to execute the construction contract with Martin Brothers Construction for an amount not to exceed $1,195,293 for the 34th Street Rehabilitation Project.
ELECTRICAL STANDARD DETAILS
19
E-3
34th STREET REHABILITATION PROJECT
Engineering Services Division
915 I Street, RM 2000
Sacramento, CA 95814
Phone: 916-808-8300
Fax: 916-808-8281
CONTRACT SPECIFICATIONS
34th Street Rehabilitation Project
(PN: R15210024)
Bid # B22151131025
LBE PROGRAM
For information on meeting the City of Sacramento’s Local Business Enterprise (LBE) project goal, please contact Jose R. Ledesma, [email protected] Estimated Construction Cost: $1,307,390 Construction Time: 60 Working Days For Pre-Bid Information Contact:
Josh Werner, Project Manager
[email protected]
Bids to be received before 2:00 P.M.
June 22, 2022 at:
Security Desk, 1st Floor (City Clerk in-box)
New City Hall
915 I Street, Sacramento, CA 95814
Bid Opening Information
Bids are to be received by 2:00PM at New City Hall, 915 I Street on the first floor Security Desk.
Bids will be opened virtually at 2:30 via a web meeting.
Join from a PC, Mac, iPad, iPhone or Android device:
Please click this URL to join. https://cityofsacramento-org.zoom.us/j/93077455918 Description: This is a reoccurring meeting for the City of Sacramento Bid Opening. Bids received on or before the due date and time scheduled for this date will be read. You may share this appointment/link with any interested parties. Please mute your micrphones/phones for the duration of the bid opening/reading. There will be a short period at the end of the call to ask for a repeat of any information.
If you have questions about Bid Openings contact Wendy Klock-Johnson at [email protected] ; or 916 808-7509. For questions about specific bids; please contract the listed bid contact directly.
Or One tap mobile:
+16699006833,,93077455918# US (San Jose)
+12532158782,,93077455918# US (Tacoma)
Or join by phone:
Dial(for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or +1 929 205 6099 or +1 301 715 8592 or +1 312 626 6799
Webinar ID: 930 7745 5918
International numbers available: https://cityofsacramento-org.zoom.us/u/acfxKNwPM
TABLE OF CONTENTS
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Invitation to Bid
Local Business Enterprise (LBE) Requirement Program
Applicable Local Status Area’s
Bid Proposal Form
Bid Proposal Guarantee
Local Business Enterprise (LBE) Participation Program Form Subcontractor and Local Business Enterprise Participation Form Drug Free Work Place
Minimum Qualifications Questionnaire
Non-Discrimination in Employee Benefits Ordinance Certification Title VI Language
Agreement
Performance Bond
Payment Bond
Worker’s Compensation Certification
Construction & Demolition Debris Recycling Requirements Guarantee
Special Provisions
Labor Compliance Requirements
INVITATION TO BID
Sealed Proposals will be received by the City Clerk of the City of Sacramento at the office of the City Clerk Public Counter, New City Hall, 5th Floor, located at 915 I Street between 9th and 10th Streets, up to the hour of 2:00 PM on June 22, 2022 and will be opened as soon thereafter via a virtual web opening. 34th Street Rehabilitation Project
(PN: R15210024)
as set forth in the Contract Documents.
Proposals received and work performed thereunder shall comply with the requirements of Title 3 of the Sacramento City Code. Each Bid Proposal shall be accompanied by bid security of at least 10% of the sum of the Bid Proposal which conforms to the requirements of Section
7.0 of the Instructions to Bidders. The right to reject Proposals or to waive any error or omission in any Bid Proposal received is reserved by the City. Signed proposals shall be submitted on the printed forms contained in the Project Manual and enclosed in an envelope marked: Sealed Bid Proposal for:
34th Street Rehabilitation Project
(PN: R15210024)
Copies of the Contract Documents are available at Planetbids: http://www.planetbids.com/ portal/portal.cfm?CompanyID=15300#
There are no costs to view or download the plans and specifications.
Subcontractors shall comply with the rates of wages currently established by the Director of Industrial Relations under provisions of Sections 1773 of the Labor Code of the State of California, a copy of which is on file in the office of the City Clerk. In accordance with Sacramento City Code Section 3.60.180 and Section 1771.5 of the California Labor Code, the payment of the general prevailing rate of per diem wages or the general prevailing rate of per diem wages for holiday and overtime is not required for any Public Construction project of $25,000 or less, or Public Maintenance project of $15,000 or less. The City of Sacramento has an approved Labor Compliance Program. Electronic Web submittal of Labor Compliance Reports is effective May 1, 2007. Each contractor and every lower-tier subcontractor is required to submit certified payrolls and labor compliance documentation electronically at the discretion of and in the manner specified by the City of Sacramento.
Electronic submittal will be a web-based system, accessed on the World Wide Web by a web browser. Each contractor and subcontractor will be given a Log On identification and password to access the City of Sacramento reporting system.
Use of the system may entail additional data entry of weekly payroll information including; employee identification, labor classification, total hours worked and hours worked on this project, wage and benefit rates paid, etc. The contractor’s payroll and accounting software might be capable of generating a ‘comma delimited file’ that will interface with the software.
This requirement will be ‘flowed down’ to every lower-tier subcontractor and vendor required to provide labor compliance documentation.
All questions regarding this Labor Compliance Program should be directed to the department’s contracts staff or Contracts Services at (916) 808-1074. (REV3/18/15)
INVITATION TO BID
(REV. 3/18/15)
Labor Code Section 1725.5 (enacted by SB 854) requires all contractors bidding on this contract, all subcontractors listed in a bid for this contract, and any contractor or subcontractor performing any work under this contract, to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 (enacted by SB 854) provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the Public Contract Code), or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Every bidding contractor shall list the contractor’s current DIR registration number, and the current DIR registration number of all listed subcontractors, on the Subcontractor and Local Business Enterprise (LBE) Participation Verification Form included in the contractor’s bid.
Pursuant to Labor Code Section 1771.1(b): (1) any bid received from a contractor that is not currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 shall be rejected as non-responsive; and (2) any bid listing one or more subcontractors on the bidder’s Subcontractor and Local Business Enterprise (LBE) Participation Verification Form that are not currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5, shall be rejected as non-responsive, unless the listing was an inadvertent error and any of the conditions specified in Labor Code Section 1771.1(c) apply.
This contract also is subject to compliance monitoring and enforcement by the DIR. For all contracts awarded on or after April 1, 2015, California Labor Code Section 1771.4 (enacted by SB 854) requires the contractor and all subcontractors to furnish electronic payroll records directly to the Labor Commissioner (in addition to City staff via the City’s electronic system).
A Fact Sheet summarizing the provisions of SB 854 is attached. This is provided solely for informational purposes, and does not in any way affect the contractor’s and subcontractors’ obligation to comply in all respects with the provisions of SB 854, including the provisions referenced above, as well as all other applicable laws and regulations.
Pursuant to Sacramento City Code Section 3.60.250, any Agreement awarded pursuant to this Invitation to Bid shall contain a provision permitting the substitution of securities for any monies withheld to ensure performance under the Agreement. The terms of such provisions shall be according to the requirements and the form required by the City.
Bid protests must be filled and maintained in accordance with the provisions of Sections
3.60.460 through 3.60.560 of the Sacramento City Code. Bid protests that do not comply with Sections 3.60.460 through 3.60.560 of the Sacramento City Code shall be invalid and shall not be considered. A bid protest fee of $750.00 is required at the time of filing to be considered valid in accordance with City of Sacramento Resolution No. 2003-231 dated April 29, 2003. As used herein, the term "bid protest" includes any bid protest that (1) claims that one or more bidders on this contract should be disqualified or rejected for any reason, or (2) contests a City staff recommendation to award this contract to a particular bidder, or (3) contests a City staff recommendation to disqualify or reject one or more bidders on this contract. A copy of Sections
3.60.460 through 3.60.560 of the Sacramento City Code may be obtained from the Project Manager, or from the City Clerk, located at 915 I Street, Sacramento, CA 95814.
DIR Public Works Funding Legislation – SB 854 June 30, 2014 FACT SHEET – page 1
NEW PUBLIC WORKS CONTRACTOR REGISTRATION LAW [SB 854]
FACT SHEET
SB 854, a budget trailer bill that was signed into law on June 20, 2014, and became effective immediately, made several significant changes to laws pertaining to the administration and enforcement of prevailing wage requirements by the Department of Industrial Relations (DIR). Among other things, SB 854 established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects. The fees collected through this new program will be used to fund all of DIR’s public works activities, including compliance monitoring and enforcement, the determination of prevailing wage rates, public works coverage determinations, and hearing enforcement appeals.
Essentials of public works contractor registration program:
• Contractors will be subject to a registration and annual renewal fee that has been set initially at $300. The fee is non-refundable and applies to all contractors and subcontractors who intend to bid or perform work on public works projects (as defined under the Labor Code).
• Contractors will apply and pay the fee online and must meet minimum qualifications to be registered as eligible to bid and work on public works projects:
o Must have workers’ compensation coverage for any employees and only use subcontractors who are registered public works contractors. o Must have Contractors State License Board license if applicable to trade. o Must have no delinquent unpaid wage or penalty assessments owed to any employee or enforcement agency.
o Must not be under federal or state debarment.
o Must not be in prior violation of this registration requirement once it becomes effective. However, for the first violation in a 12 month period, a contractor may still qualify for registration by paying an additional penalty. • The registration fee is not related to any project. It is more like a license that enables the registrant to bid on and perform public works.
DIR Public Works Funding Legislation – SB 854 June 30, 2014 FACT SHEET – page 2
• DIR will post a list of registered contractors and subcontractors on its website so that awarding bodies and contractors will be able to comply with requirements to only use registered contractors and subcontractors.
• Various protections are built in so that
o A contractor won’t be in violation for working on a private job that is later determined to be public work;
o The inadvertent listing of an unregistered subcontractor on a bid won’t necessarily invalidate that bid;
o A contract with an unregistered contractor or subcontractor is subject to cancellation but is not void as to past work;
o An unregistered contractor or subcontractor can be replaced with one who is registered;
o A contractor whose registration lapses will have a 90 day grace period within which to pay a late fee and renew.
• Registrations will begin after July 1, 2014, once the registration system is ready to go online. The preferred method of payment will be by credit card. • The requirement to list only registered contractors and subcontractors on bids becomes effective on March 1, 2015. The requirement to only use registered contractors and subcontractors on public works projects applies to all projects awarded on or after April 1, 2015.
Essentials of Public Works Enforcement Fund:
All contractor registration fees will go into the State Public Works Enforcement Fund and be used to fund the following items --
• administration of contractor registration requirement • all DIR costs for administering and enforcing public works laws • Labor Commissioner’s enforcement of other Labor Code violations on monitored public works projects.
DIR will no longer charge awarding bodies for prevailing wage compliance monitoring and enforcement by the CMU. (Note: DIR will continue to bill and collect fees from awarding agencies for CMU services provided through June 20, 2014.) DIR Public Works Funding Legislation – SB 854 June 30, 2014 FACT SHEET – page 3
Related changes in DIR’s administration and enforcement of public works requirements:
• Requirements to use CMU or specified alternative (labor compliance program or project labor agreement) for state bond-funded and other specified projects have been eliminated and replaced by requirements that apply to all public works projects (as defined under the Labor Code).
• Awarding bodies are now required to submit PWC-100 (contract award notice) for all public works projects. (This requirement previously applied to about 90% of all projects.)
• Contractors and subcontractors on all public works projects will be required to submit certified payroll records (CPRs) to the Labor Commissioner unless excused from this requirement.
O This requirement will be phased in as follows:
Applies immediately to public works projects that have already been under CMU monitoring, i.e. contractors on ongoing projects that have been submitting CPRs to the CMU will continue doing so Will apply to any new projects awarded on or after April 1, 2015 May apply to other projects as determined by Labor Commissioner Will apply to all public works projects, new or ongoing, on and after January 1, 2016
O The Labor Commissioner may make exception to this requirement for Projects covered by qualifying project labor agreement Projects undertaken by one of four remaining awarding bodies with legacy LCPs (Caltrans, City of Los Angeles, County of Sacramento, and Los Angeles Unified School District), so long as those LCPs remain approved by DIR
O CPRs will be furnished online (as is done currently for CMU). DIR intends to continue making improvements to this process, including creating a means for general contractors to have online access to the CPRs submitted by their subcontractors.
• Requirements for awarding bodies to adopt and enforce a DIR-approved LCP are now limited to: (1) public works projects awarded prior to January 1, 2012 that were under a preexisting LCP requirement; and (2) projects funded in whole or in part by Proposition 84.
CITY OF SACRAMENTO LBE PARTICIPATION REQUIREMENTS Page 1 of 4 Updated: June 22, 2015
LOCAL BUSINESS ENTERPRISE (LBE)
PARTICIPATION REQUIREMENTS
(For City Contracts without federal funds)
I. LBE PARTICIPATION REQUIREMENT
On April 3, 2012, the Sacramento City Council adopted a Local Business Enterprise (LBE) Preference Program to provide enhanced opportunities for the participation of LBEs in the City’s contracting and procurement activities. On November 19, 2013, City Council increased the LBE preference percentage f r om 2% to 5% and authorized City departments to require minimum LBE participation levels in specific contracts. Under City Code section 3.60.270, when the bid specifications for a City contract establish a minimum participation level for LBEs, no bidder on the contract shall be considered responsive unless its bid meets the minimum LBE participation level required by the bid specifications.
The City has established a minimum 5% participation level for LBEs on certain contracts of $250,000 or more as illustrated below.
When Does the LBE Program Apply?
Contracts Under $250,000 Contracts $250,000 or More
Supplies /
NonProfessionalProfessional Public
Projects
Supplies
NonProfessional Professional Public
Projects
5% LBE
Preference
Applies to Bid
Evaluation?
Yes Yes Yes No No Yes No
5% Minimum
Participation
Requirement? *
No No No No Yes Yes Yes
* Requirement may be waived by the City Manager or the City Manager’s designee (e.g. Department Directors)
II. LBE QUALIFICATION
A. To meet the LBE participation requirement, bidders must meet the requirements for an LBE prior to the deadline for submission of bids.
B. Local Business Enterprise means a business enterprise, including but not limited to, a sole proprietorship, partnership, limited liability company, corporation, or other business entity that has a legitimate business presence in the City or unincorporated areas of Sacramento County. Proof of legitimate business presence in the City or unincorporated areas of Sacramento County shall include:
CITY OF SACRAMENTO LBE PARTICIPATION REQUIREMENTS Page 2 of 4 Updated: June 22, 2015
1. Be an established business entity operating in the City or unincorporated County of Sacramento for at least twelve (12) consecutive months prior to submission of bid; and
2. Having either :
a. a principal business office or workspace; or
b. regional, branch, or satellite office with at least one full-time employee located and operating legally in the city or unincorporated county of Sacramento.
III. LBE PARTICIPATION LEVEL REQUIREMENTS
A. LBE Participation: The percentage of LBE participation is determined based on the dollar value of the work to be performed. LBE credit may be obtained by utilizing LBE qualified subcontractors or suppliers as outlined below.
B. Participation Credit: To receive credit for participation: (1) an LBE subcontractor must be responsible for the execution of a distinct element of the work, must possess any license or certification required for the work, and must actually perform, manage, or supervise the work without subcontracting or otherwise shifting any portion of the work to another subcontractor; and (2) an LBE supplier must furnish materials or equipment that the supplier sells as a recurring, although not necessarily primary, part of its business, and that are necessary for performance of the work.
C Suppliers: Credit for an LBE supplier of materials or equipment is counted as 100% of the amount paid to the supplier for the materials or equipment. To receive this credit, LBE suppliers must be listed on the bidder’s Subcontractor and LBE Participation Verification Form.
D. Subcontractors (including truckers): To receive credit for an LBE subcontractor, the subcontractor must be listed on the bidder’s Subcontractor and LBE Participation Verification Form.
• Truckers: Credit for an LBE trucker is counted as 100% of the amount paid to the trucker for trucking services, not including any amount paid to the trucker for the cost of any materials or equipment being transported by the trucker.
IV. LBE REQUIREMENTS FOR CONTRACTOR
A. LBE Records: The Contractor shall maintain records of all subcontracts with verified LBE subcontractors and records of materials purchased from verified LBE suppliers for one year after receiving final payment from the City. Such records shall show the name and business address of each LBE subcontractor or supplier and the total dollar amount actually paid to each LBE subcontractor or supplier.
No later than 30 days after completion of the work performed under the contract, a summary of these records shall be prepared, certified correct by the Contractor's authorized representative and furnished to the City. The Contractor shall provide such CITY OF SACRAMENTO LBE PARTICIPATION REQUIREMENTS Page 3 of 4 Updated: June 22, 2015
other information, records, reports, certifications or other documents as may be required by the City, to determine compliance with any provision of the LBE program or these specifications.
B. Performance of LBE Subcontractors and Suppliers: The LBEs listed by the Contractor shall perform the work and supply the materials or equipment for which they are listed, unless the Contractor has received prior written authorization from the City to perform the work with other forces or to obtain the materials or equipment from other sources. Reasons for requesting such authorization would include:
1. The listed LBE fails to execute a written contract based upon the general terms, conditions, plans, and specifications for the project.
2. The listed LBE becomes bankrupt or insolvent.
3. The listed LBE subcontractor fails to meet the bond requirements of the Contractor.
4. The work performed or the materials or equipment provided by the listed LBE are unsatisfactory or are not in accordance with the plans and specifications, or the listed LBE fails to perform its contractual obligations.
5. It would be in the best interest of the City.
C. Subcontractor Substitution: No substitution of an LBE subcontractor shall be made at any time without compliance with the Subletting and Subcontracting Fair Practices Act. If an LBE subcontractor is unable to perform successfully and is to be replaced, the Contractor shall make reasonable efforts to replace the original LBE subcontractor with another verified LBE subcontractor. The new LBE subcontractor must be verified at the time of substitution.
D. Reporting and Utilization Requirements and Sanctions: Failure to provide specific information, records, reports, certifications, or any other documents required for compliance with these specifications, or failure to utilize one or more LBEs in substantial compliance with the LBE utilization indicated in the Contractor’s bid (unless otherwise authorized by the City as provided herein, or when such failure results from changes to the work approved by the City), shall be considered a breach of the contract. A deduction may be made from the contract amount and the deduction shall be not more than 10% of the value of the work or materials or equipment that the subject LBE(s) were listed to perform or provide in the Contractor’s bid, and shall also be deducted from any payment due to the Contractor. This is in addition to any deduction that may be made under any other provision of the contract, the Sacramento City Code, or State law.
E. Hearing and Review of Division Manager Decision: Prior to making a deduction pursuant to Section IV (D), above, the City shall provide written notice of the proposed CITY OF SACRAMENTO LBE PARTICIPATION REQUIREMENTS Page 4 of 4 Updated: June 22, 2015
deduction to the Contractor. The Contractor may, no later than five working days after receiving such notice, provide a written request to the City for a hearing to contest the proposed deduction. Upon receipt of a timely written request from the Contractor, the City shall schedule a hearing before the Division Manager (as defined in the City’s Standard Specifications for Public Construction), and written notice of the date, time and location of the hearing shall be provided to the Contractor not less than five working days prior to the date of the hearing. The hearing shall be conducted in the manner specified in Section 4-8 of the Standard Specifications, and the Division Manager shall prepare and forward to the Contractor a written decision as soon as practicable after the hearing. The Division Manager’s decision shall be subject to review in accordance with the provisions of Section 4-9 of the Standard Specifications. Failure to request such review in compliance with the requirements set forth in Section 4-9 shall constitute acceptance of the Division Manager’s decision by the Contractor.
The written notices and requests described above shall be provided by registered or certified mail (return receipt requested), by facsimile, by personal delivery, or by any other method that provides reliable evidence of the date of receipt. Written notice provided by facsimile shall be deemed received on the date that it is transmitted and transmission is confirmed by the transmitting machine. Written notice provided by personal delivery shall be deemed received on the date of delivery.
V. DEFINITIONS
A. Local Business Enterprise (LBE): A business enterprise, including but not limited to, a sole proprietorship, partnership, limited liability company, corporation, or any other business entity that has a legitimate business presence in the city or unincorporated county of Sacramento.
B. Contractor: The sole proprietorship, partnership, limited liability company, corporation, or any other business entity entering into a contract with the City of Sacramento.
C. Subcontractor: The sole proprietorship, partnership, limited liability company, corporation, or other business entity entering into a contract with the prime contractor to perform a portion of the work.
D. Supplier: The sole proprietorship, partnership, limited liability company, corporation, or other business entity to provide materials, equipment, or supplies necessary for performance of the work.
E. Proposal: Any response to a City solicitation for Proposals or Qualifications.
F. Bid: Any response to a City solicitation for bids.
G. Waiver: Request to department director to waive or reduce LBE participation requirement.
26 Ban‐the‐Box Requirements
BAN‐THE‐BOX REQUIREMENTS
INTRODUCTION
On September 6, 2016, the City of Sacramento enacted an ordinance regarding criminal conviction information in the employment application process (the “Ban‐the‐Box Ordinance”), which added Chapter 3.62 to the Sacramento City Code and amended Section 2.40.050 of the Sacramento City Code. The Ban‐the‐Box Ordinance prohibits “covered employers” from asking an applicant for employment to disclose, orally or in writing, information concerning the criminal conviction history of the applicant, including any inquiry about criminal conviction history on any employment application, until the employer has determined the applicant meets the minimum employment qualifications stated in any notice issued for the position.
APPLICATION
“City Contract”
The Ban‐the‐Box Ordinance applies to all “city contracts.” The term “city contract” means a contract awarded after January 1, 2017 to a “covered employer” for services or a public project in return for compensation of $250,000 or more. The term “city contract” includes contracts for services or public projects that were awarded for an amount less than $100,000, but were amended to increase the total compensation to $250,000 or more.
The Ban‐the‐Box Ordinance also applies when the aggregate value of all contracts for services or public projects the City has awarded to the same “covered employer” within the previous 12 months is $250,000 or more.
The Ban‐the‐Box Ordinance does not apply to: (1) contracts awarded by the City Manager in response to an emergency; and (2) contracts for the purchase or lease of equipment, supplies, or other personal property, even if they include incidental services such as delivery, installation, or maintenance. “Covered Employer”
The Ban‐the‐Box Ordinance only applies to “covered employers.” The term “covered employer” means a person who is a party to a “city contract” and has at least 20 employees working either full or part time. The number of employees that a contractor has is determined by adding the contractor’s employees and the employees of any “related person.” A person is a “related person” when any of the following circumstances exists:
(1) The person and the person that is a party to a “city contract” are both corporations and:
(a) Share a majority of members of their governing boards; or (b) Have two or more officers in common; or
(c) Are controlled by the same majority shareholder or shareholders (control means more than 50% of the corporation’s voting power); or
(d) Are in a parent‐subsidiary relationship (such a relationship exists when one corporation directly or indirectly owns shares possessing more than 50% of another corporation’s voting power). (2) The person otherwise controls and directs, or is controlled and directed by, the person that is a party to a city contract, as determined by the City Manager, or City Manager designee. 27 The term “covered employer” includes a subcontractor providing services under a “city contract” if the subcontractor has at least 20 employees, whether full‐ or part‐time, or the amount of the subcontract is at least 25% of the amount of the “city contract.”
The term “covered employer” does not include any unit of federal, state or local government.
Exceptions
The Ban‐the‐Box Ordinance provisions do not apply to: (1) a position for which a “covered employer” is otherwise required by law to conduct a criminal conviction history background check; or (2) a position that will not involve work pursuant to a “city contract.” Additionally, the Ban‐the‐Box Ordinance does not prevent a “covered employer” from conducting a criminal conviction history background check in subsequent stages of the application process after initially determining whether the applicant meets the minimum employment qualifications.
COMPLIANCE
It isthe contractor’sresponsibility to determine whether the aggregate value of $100,000 or more has been met, and to notify the City in writing whenever this is the case. It is also the contractor’s responsibility to ensure that all of its subcontractors who are covered by the Ban‐the‐Box Ordinance comply with the provisions of the Ban‐ the‐Box Ordinance by including these requirements in all subcontracts covered by the Ban‐the‐Box Ordinance.
VIOLATIONS AND MONITORING
The Ban‐the‐Box Ordinance provides that any violation of the Ban‐the‐Box Ordinance by a “covered employer” constitutes a material breach of the contract, and authorizes the City to terminate the contract. The City may also enforce the Ban‐the‐Box Ordinance by investigating any alleged violation (but any failure of the City to investigate does not create a right of action against the City). The City may further require “covered employers” to verify compliance.
DECLARATION OF COMPLIANCE
To assure compliance with the Ban‐the‐Box Ordinance, any person or entity entering into a contract to provide services or a public project to or for the City, after January, 1, 2017, is required to provide the City with a signed Declaration of Compliance in the form specified by the City prior to the City’s execution of the contract. The Declaration of Compliance shall be signed by a duly authorized representative of the person or entity entering into the contract, and when accepted by the City, shall constitute part of the contract.
ADDITIONAL INFORMATION
For a complete description of the Ban‐the‐Box Ordinance provisions related to City contracts, refer to the Ban‐ the‐Box Ordinance, codified at Sacramento City Code Chapter 3.62. The Sacramento City Code is available on the internet at www.cityofsacramento.org.
For more information on the City’s Ban‐the‐Box Ordinance, contact Procurement Services at 916‐808‐6240. 1 NOTICE REGARDING ASSEMBLY BILL 626
Assembly Bill 626 (AB 626), signed into law September 29, 2016, established a new claim resolution process for public works project contracts entered into on or after January 1, 2017.
AB 626 is codified in Section 9204 of the California Public Contract Code. Section 9204 remains in effect until January 1, 2020, and as of that date will be repealed unless another statute extends or deletes this sunset date.
Public Contract Code Section 9204 applies to any “claim,” as defined in Section 9204, which is presented by the Contractor to the City. Section 9204 defines a “claim” as a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (1) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City; (2) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; or (3) payment of an amount that is disputed by the City.
If Contractor presents a claim to the City in accordance with the provisions of Public Contract Code Section 9204 (hereafter referred to as a “Claim”), the process specified in Section 9204 will be followed, and the provisions of Section 4-8 (Disputed Claims) and Section 4-9 (Review by Claim Review Committee and Issuance of Decision by Department Director) of the City’s Standard Specifications for Public Construction will not apply to the Claim. Contractor’s Claim shall comply with the provisions of Section 4-7 (Notice of Claims for Additional Compensation or Damages) of the City’s Standard Specifications or Contractor shall give a separate written notice of potential claim that complies with the requirements specified in Section 4-7, except in any case where compliance with the requirements specified in Section 4-7 would conflict with Public Contract Code Section 9204.
Subsection (e) of Public Contract Code Section 9204 requires that the text of Section 9204 or a summary be set forth in the plans or specifications for any public works project that may give rise to a claim under Section 9204.
The full text of Public Contract Code Section 9204 is as follows:
9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
2 (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
3 (ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the 4 claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 5 (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the 6 commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
BID PROPOSAL FORMS
PLEASE REMOVE AND COMPLETE THE FOLLOWING DOCUMENTS AND
SUBMIT AS THE BID PROPOSAL PACKAGE
BID PROPOSAL CHECKLIST
Included: Please (√) Pages
Bid Proposal Form 1 –3
LBE Participation Program Prime Contractor Form 1 only
Subcontractor and LBE Participation Form 1 only
Bid Proposal Guarantee 1 only
Drug Free Work Place Certification 1 only
Minimum Qualifications Questionnaire 1 - 6
Non-Discrimination in Employee Benefits Ordinance Certification 1 – 9 Schedule of Values for Lump Sum Items* 1 only
*Bidder Generated Document
Provide a Schedule of Values (cost break-down) for each lump sum electrical item(s). The Schedule of Values (cost break-down) shall be provided by 4:00 p.m. on the 4th (fourth) working day after the bid opening. If the lump sum item cost break-down is not submitted within the specified time, the bid will be deemed as non-responsive. The cost break-down shall be submitted to the Contracts Manager, Jose R. Ledesma via email [email protected].
Please do not send a hard copy. Staff is currently working from home during the pandemic.
CITY OF SACRAMENTO Bid Proposal
Department of Public Works Page 1 of 5
Engineering Services Division
TO THE HONORABLE CITY COUNCIL
SACRAMENTO, CALIFORNIA:
In compliance with the Contract Documents, the undersigned hereby proposes to furnish all required labor, materials, supervision, transportation, equipment, services, taxes and incidentals required for:
34TH STREET REHABILITATION PROJECT
(R15210024)
in the City and County of Sacramento, California.
The Work is to be done in strict conformity with the Contract Documents now on file in the Office of the City Clerk, for the following sum:
Item
No. Item
Estimated
Quantity Unit Unit Price Total
1. MOBILIZATION 1 LS $ $
2. WATER POLLUTION CONTROL PLAN (WPCP) 1 LS $ $
3. REMOVE CONCRETE 230 SY $ $
4. REMOVE SIGN 3 EA $ $
5. REMOVE SIGN PANEL 7 EA $ $
6. RELOCATE SIGN 1 EA $ $
7. RELOCATE SIGN PANEL 1 EA $ $
8. ADJUST UTILITY COVER TO GRADE 20 EA $ $
9. THERMOPLASTIC TRAFFIC STRIPING DETAIL
AND PAVEMENT MARKINGS TO REMOVE
1 LS $ $
10. ROADWAY EXCAVATION AND GRADING 188 CY $ $
11. IMPORT BORROW 20 CY $ $
12. AGGREGATE BASE (CLASS 2) 8 CY $ $
13. HOT MIX ASPHALT (TYPE A) 79 TON $ $
14. MODIFIED ASPHALT BINDER CHIP SEAL TO
PLACE
18900 SY $ $
CITY OF SACRAMENTO Bid Proposal
Department of Public Works Page 2 of 5
Engineering Services Division
15. MICROSURFACING (TYPE II) TO PLACE 18900 SY $ $
16. CONCRETE PAVEMENT 3 CY $ $
17. BASE REPAIR 990 TON $ $
18. CURB AND GUTTER TYPE 2 227 LF $ $
19. CURB AND GUTTER TYPE 2 MODIFIED 61 LF $ $
20. SIDEWALK 328 SF $ $
21. CURB RAMP 1223 SF $ $
22. DETECTABLE WARNING SURFACE 156 SF $ $
23. DRIVEWAY 443 SF $ $
24. STAMPED CONCRETE 760 SF $ $
25. RESET MODULAR CURB WITH DELINEATORS 1 LS $ $
26. ROADSIDE SIGN-ONE POST 22 EA $ $
27. ROADSIDE SIGN-STRAP AND SADDLE BRACKET
METHOD
21 EA $ $
28. INSTALL ROADSIDE SIGN PANEL ON EXISTING
POST
8 EA $ $
29. RAISED REFLECTIVE PAVEMENT MARKERS
(BLUE)
30 EA $ $
30. THERMOPLASTIC TRAFFIC STRIPE DETAIL AND
PAVEMENT MARKINGS TO PLACE
1 LS $ $
31. BIKE LANE EXTENSION PAVEMENT MARKING
(GREEN)
232 SF $ $
32. PAINT CURB (2-COAT) 640 SF $ $
33. RECTANGULAR RAPID-FLASHING BEACON 1 LS $ $
CONTRACTOR NAME: TOTAL $__________________
CITY OF SACRAMENTO Bid Proposal
Department of Public Works Page 3 of 5
Engineering Services Division
It is understood that this Bid Proposal is based upon completion of the Work within a period of SIXTY (60) WORKING DAYS, commencing on the date set forth in the written Notice to Proceed issued by the City to the Contractor. The Contractor is hereby notified and reminded that per City Contract requirements, the City will issue a Notice to Proceed within 15 calendar days of execution of contract by City. Contact work days will start immediately on the date of the Notice to Proceed. Attached is a sample of a Notice to Proceed.
Work under these Special Provisions shall be performed by qualified personnel experienced in work described herein. The Contractor and/or its subcontractor shall possess current and active licenses issued by the California Contractors State License Board for Class A – General Engineering Contractor and Class C10 – Electrical at the time of the bid submittal and throughout the construction period. Any cited violations or pending violation investigations by the California Contractors State Licensing Board within three years prior to the date of the bid submittal shall be fully disclosed in the bid.
Class A License Number:
Name and Address of Licensee:
Issue Date:
Expiration Date:
License Status:
Class C10 License Number:
Name and Address of Licensee:
Issue Date:
Expiration Date:
License Status:
Provide a Schedule of Values (cost break-down) for each lump sum electrical item(s). The Schedule of Values (cost break-down) shall be provided by 4:00 p.m. on the fourth working day after the bid opening. If the lump sum item cost break-down is not submitted within the specified time, the bid will be deemed as non-responsive. The cost break-down shall be submitted to Jose Ledesma, the Contracts Manager, at 915 I Street, Suite 2000, Sacramento, CA 95814 or by email at [email protected].
Provide a Schedule of Values (cost break-down) for each lump sum traffic stripe detail and markings to place. The Schedule of Values (cost break-down) shall be provided by 4:00 p.m. on the fourth working day after the bid opening.
If the lump sum item cost break-down is not submitted within the specified time, the bid will be deemed as nonresponsive. The cost break-down shall be submitted to the Contracts Manager, at 915 I Street, Suite 2000, Sacramento, CA 95814.
In determining the amount bid by each bidder, the City may disregard mathematical errors in addition, subtraction, multiplication, and division that appear obvious on the face of the Proposal. When such a mathematical error appears on the face of the Proposal, the City shall have the right to correct such error and to compute the total amount bid by said bidder on the basis of the corrected figure or figures.
The City Council may reject any and all bids and waive any informalities or minor irregularities in the bids.
When an item price is required to be set forth in the Proposal, and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the Engineer's estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City, such a procedure would be inconsistent with the policy of the bidding procedure. The total paid for each such item of work shall be based upon the item price and not the total price. Should the Proposal contain CITY OF SACRAMENTO Bid Proposal
Department of Public Works Page 4 of 5
Engineering Services Division
only total price for the item and the item price is omitted, the City shall determine the item price by dividing the total price for the item by the Engineer's estimate of the estimated quantities of work to be performed as items of work.
If the Proposal contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the Proposal shall be disregarded.
The undersigned has examined the location of the proposed Work, the local conditions at the place where the Work is to be done, is familiar with the Contract Documents and is familiar and expressly agrees to the liquidated damages provision of the Contract Documents.
The undersigned has checked carefully all of the foregoing figures and understands that the City of Sacramento will not be responsible for any errors or omissions on the part of the undersigned in making up this Bid Proposal.
Enclosed is a Bid Proposal Guarantee, as required, consisting of a bidder's bond or other acceptable security for not less than ten percent (10%) of the amount Bid Proposal.
The undersigned agrees that all addenda received and acknowledged herein shall become a part of and be included in this Bid Proposal. This Bid Proposal includes the following addenda:
Add. # DATE
Add. # DATE
Add. # DATE
NOTE: State whether your company is a corporation, a co-partnership, private individual, or individuals doing business under a firm name.
If the Bidder is a corporation, the Bid Proposal must be executed in the name of the corporation and must be signed by a duly authorized officer of the corporation.
If the Bidder is a partnership, the Bid Proposal must be executed in the name of the partnership and one of the partners must subscribe their signature thereto as the authorized representative of the partnership.
AMOUNT OF BID PROPOSAL GUARANTEE ENCLOSED:
($______________________) not less than ten percent (10%) of amount Bid Proposal ____________________ CERTIFIED CHECK CONTRACTOR:
____________________ CASHIER'S CHECK
____________________ BID BOND By
____________________ MONEY ORDER (Signature)
____________________ OTHER SECURITY
CITY OF SACRAMENTO Bid Proposal
Department of Public Works Page 5 of 5
Engineering Services Division
(Print or Type)
Title
FOR CITY USE ONLY Address
Telephone No.
Fax No.
email address _______________________________
Date
Contractor's License No. Type
Expiration Date
Tax I.D. Nos.- Fed. State
City of Sacramento Business Operation Tax Certificate No. (City will not award contract if Certificate Number is missing.)
BID PROPOSAL GUARANTEE
OBLIGATION: We, the Principal and the Surety, bind ourselves, our heirs, executors, administrators and successors, jointly and severally, to the City of Sacramento (“City”) as Obligee for the penal sum of ten percent (10%) of the total amount of the Principal’s bid proposal submitted to the City for the project described below, to guarantee that Principal will accept the City’s award of the project contract.
THE CONDITION OF THIS OBLIGATION IS -
That if the Principal has submitted a bid proposal to the City by the bid proposal due date as set forth in the invitation to bid, which date may be extended by City, for the project described as follows:
Project Name: __________________________________________________________ Project Number: _______________________________________________________ Bid Transaction Number:_____________________________________________ AND if the City awards the contract for the project to the Principal within the time and manner required under the invitation to bid, and the Principal (i) enters into a written contract, in the prescribed form, in accordance with the bid proposal, (ii) files two bonds with the City to guarantee faithful performance and payment for labor and materials, and (iii) files the required insurance policies with the City, all as required by the invitation to bid or by law, then the obligation shall be null and void; otherwise it shall be and remain in full force and effect. The Surety agrees that this obligation is not impaired by any extensions of the time for the award of the contract Principal may grant to City, and any notice to Surety of such time extension is waived. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court, which sums shall be additional to the principal amount of this bond.
IN WITNESS WHEREOF, Surety has executed this Bid Proposal Guarantee on the day set forth in the attached notary acknowledgment. Attach Surety power of attorney form to verify signator’s authority.
Principal/Contractor: Surety:
By:_________________________________ By: ______________________________ Name: Name:
Title: ________________________________ Title:_______________________________ (Seal) Revised: 2020
PRINCIPAL (Contractor legal name and business address)
_____________________________________________________________ _____________________________________________________________ Type of Organization (“X” one)
Individual Partnership
Corporation Limited Liability Co.
Other: _______________________
State of Organization formation:
________________________________________________
SURETY (Name and business address,) (agent name and phone number) __________________________________________________________________________ ______________________________________ __________________________________________________________________________ ______________________________________ _________________________________________________________________________ a corporation duly organized under the laws of the State of and duly licensed to issue this bond as authorized by the State of California. California License No. __________________________________
DRUG-FREE POLICY AND AFFIDAVIT
DRUG-FREE WORKPLACE POLICY AND AFFIDAVIT
BID PROPOSAL MAY BE DECLARED NONRESPONSIVE IF THIS FORM (COMPLETED) IS NOT ATTACHED.
Pursuant to City Council Resolution CC90-498 dated 6/26/90 the following is required.
The undersigned contractor certifies that it and all subcontractors performing under this Agreement will provide a drug-free workplace by:
1. Publishing a "Drug-Free Workplace" statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition.
2. Establishing a Drug-Free Awareness Program to inform employees about:
a. The dangers of drug abuse in the workplace.
b. The contractor's policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation, and employee assistance program. d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
3. Notify employees that as a condition of employment under this Agreement, employees will be expected to:
a. Abide by the terms of the statement.
b. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace.
4. Making it a requirement that each employee to be engaged in the performance of the Agreement be given a copy on the "Drug-Free Workplace" statement.
5. Taking one of the following appropriate actions, within thirty (30) days of receiving notice from an employee or otherwise receiving such notice, that said employee has received a drug conviction for a violation occurring in the workplace:
a. Taking appropriate disciplinary action against such an employee, up to and including termination; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency. * I certify that no person employed by this company, corporation, or business has been convicted of any criminal drug statute violation on any job site or project where this company, corporation or business was performing was within three years of the date of my signature below.
EXCEPTION:
Date Violation Type Place of Occurrence
If additional space is required use back of this form.
* The above statement will also be incorporated as a part of each subcontract agreement for any and all subcontractors selected for performance on this project.
IN THE EVENT THIS COMPANY, CORPORATION, OR BUSINESS IS AWARDED THIS CONSTRUCTION AGREEMENT, AS A RESULT OF THIS BID; THE CONTRACTOR WITH HIS/HER SIGNATURE REPRESENTS TO THE CITY THAT THE INFORMATION DISCLOSED IN THIS DOCUMENT IS COMPLETE AND ACCURATE. IT IS UNDERSTOOD AND AGREED THAT FALSE CERTIFICATION IS SUBJECT TO IMMEDIATE TERMINATION BY THE CITY.
The Representations Made Herein On This Document Are Made Under Penalty Of Perjury.
CONTRACTOR'S NAME:
BY: Date:
Signature Title
Effects of violations: a. Suspension of payments under the Agreement. b. Suspension or termination of the Agreement. c. Suspension or debarment of the contractor from receiving any Agreement from the City of Sacramento for a period not to exceed five years.
FM 681
(Rev. 10/5/01)
Local status is applicable to the following:
• Any Sacramento addresses which encompasses both the City & unincorporated Sacramento County – including neighborhoods like Rosemont, Antelope, Foothill Farms & Walerga.
• North Highlands
• Carmichael
• Fair Oaks
• Orangevale
LOCAL BUSINESS ENTERPRISE (LBE) PARTICPATION PROGRAM
NOTE: Proposers must provide responses to the following items. Failure to provide a response to each of the items in this section may be grounds for rejection of the proposal.
1. LBE FIVE PERCENT (5%) PARTICIPATION
On April 3, 2012, the Sacramento City Council adopted a Local Business Enterprise (LBE) Preference Program to provide enhanced opportunities for the participation of local business enterprises (LBEs) in the City’s contracting and procurement activities. On November 19, 2013, City Council increased the LBE preference and authorized City departments to require minimum LBE participation levels in individual contracts. Under City Code section 3.60.270 , when the bid specifications for a City contract establish a minimum participation level for LBEs, no bidder on the contract shall be considered responsive unless its bid meets the minimum LBE participation level required by the bid specifications.
The City has established a minimum 5% participation level for LBEs on this contract. Pursuant to City Code Section
3.60.270, no bidder on this contract shall be considered responsive unless its bid meets or exceeds this minimum participation level.
Local Business Enterprise means a business enterprise, including but not limited to, a sole proprietorship, partnership, limited liability company, corporation, or other business entity that has a legitimate business presence in the city or unincorporated county of Sacramento. Evidence of legitimate business presence in the city or unincorporated county of Sacramento shall include:
1. Having a current City of Sacramento Business Operation Tax or County of Sacramento Business License; and
2. Having either of the following types of offices or workspace operating legally within the city or unincorporated county of Sacramento:
a. The LBE’s principle business office or workspace; or b. The LBE’s regional, branch or satellite office with at least one full time employee located in the city or unincorporated county of Sacramento.
A. LOCAL BUSINESS ENTERPRISE (LBE)
Is the firm submitting the bid qualified as a local business enterprise? Check the appropriate box below:
YES - the firm submitting the bid is qualified as a local business enterprise.
NO - the firm submitting the bid is not qualified as a local business enterprise.
If the response to the above is YES, provide the City of Sacramento Business Operations Tax Certificate Number and/or County of Sacramento Business License Number:
__________________________________
If the response to the above is YES, provide a current copy of the City of Sacramento Business Operations Tax Certificate and/or County of Sacramento Business License.
If the response to the above is YES, provide business office or workspace address*:
__________________________________
__________________________________
__________________________________
* Address must be a physical address for the basis of location, this excludes P.O. Box addresses.
SUBCONTRACTOR AND LOCAL BUSINESS ENTERPRISE PARTICIPATION FORM FOR PUBLIC PROJECTS OVER $250,000
THIS FORM MUST BE SUBMITTED WITH THE SEALED BID PROPOSAL To be eligible for award of this contract, the bidder shall list the business entities used to attain the 5% LBE requirement. Additionally, the bidder shall list all other subcontractors who perform work, render service, or provide materials in an amount in excess of one-half of 1 percent of the total bid amount. In the case of bids for the construction of streets and highways, including bridges, subcontractors whose subcontract value exceeds one-half of 1 percent of the total bid or ten thousand dollars ($10,000), whichever is greater, shall be listed. Estimated dollar values shall be provided for all work, services or materials listed. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. The failure to attain the 5% LBE participation or the inclusion of false information or the omission of required information will render the bid non-responsive.
COPY AND ATTACH ADDITIONAL SHEETS AS NECESSARY
Prime Contractor Name
(REQUIRED) Prime Contractor DIR Registration #
Business Name Subcontractor or Supplier? (Concrete delivery companies, temp fence companies that perform labor of installing or removing fencing and surveyors require DIR Registration) ☐ Subcontractor
☐ Supplier
CSLB/Professional License # DIR Registration # (10 digits) Address Does this subcontractor or supplier qualify as an LBE? City, State, Zip Estimated dollar value of work, services or materials to be performed of provided $ Contact Person Type of Work, Services, or Materials to be provided to complete contract.
Email Address
Phone
Business Name Subcontractor or Supplier? (Concrete delivery companies, temp fence companies that perform labor of installing or removing fencing and surveyors require DIR Registration) ☐ Subcontractor
☐ Supplier
CSLB/Professional License # DIR Registration # (10 digits) Address Does this subcontractor or supplier qualify as an LBE? City, State, Zip Estimated dollar value of work, services or materials to be performed of provided $ Contact Person Type of Work, Services, or Materials to be provided to complete contract.
Email Address
Phone
I hereby certify that each subcontractor listed on this LBE Participation Form has been notified that it has been listed and has consented in writing to its name being submitted for this contract. The Prime Contractor also certifies that it will notify each subcontractor listed on this Form in writing if the contract award is made to the Prime Contractor, and will make all documentation relevant to the subcontractor and LBE participation available to City of Sacramento upon request. The Prime Contractor further certifies that all of the information contained in this Form is true and correct and acknowledges that the City will rely on the accuracy of this information in awarding the contract.
$
Signature (Principal of Firm) Title Date Total Bid Amount (including additive alternates if applicable)
NON-DISCRIMINATION IN EMPLOYEE BENEFITS BY CITY CONTRACTORS
ORDINANCE
INTRODUCTION
The Sacramento Non-Discrimination In Employee Benefits By City Contractors Ordinance (the “Ordinance”), codified as Sacramento City Code Chapter 3.54, prohibits City contractors from discriminating in the provision of employee benefits between employees with spouses and employees with domestic partners, and between the spouses and domestic partners of employees.
APPLICATION
The provisions of the Ordinance apply to any contract or agreement (as defined below), between a Contractor and the City of Sacramento, in an amount exceeding $25,000.00. The Ordinance applies to that portion of a contractor’s operations that occur: (i) within the City of Sacramento; (ii) on real property outside the City of Sacramento if the property is owned by the City or if the City has a right to occupy the property; or (iii) at any location where a significant amount of work related to a City contract is being performed. The provisions apply only to those employee(s) actually working on the City contract and only for the actual amount of time the employee(s) spend working on such contract.
The Ordinance does not apply: to subcontractors or subcontracts of any Contractor or contractors; to transactions entered into pursuant to cooperative purchasing agreements approved by the Sacramento City Council; to legal contracts of other governmental jurisdictions or public agencies without separate competitive bidding by the City; where the requirements of the ordinance will violate or are inconsistent with the terms or conditions of a grant, subvention or agreement with a public agency or the instructions of an authorized representative of any such agency with respect to any such grant, subvention or agreement; to contracts for excavation or street construction; or to agreements for the use of City right-of-way where a contracting utility has the power of eminent domain.
DEFINITIONS
As set forth in the Ordinance, the following definitions apply:
“Contract” means an agreement for public works or improvements to be performed, or for goods or services to be purchased or grants to be provided, at the expense of the City or to be paid out of moneys deposited in the treasury or out of the trust money under the control or collected by the City. “Contract” also means a written agreement for the exclusive use (“exclusive use” means the right to use or occupy real property to the exclusion of others, other than the right reserved by the fee owner) or occupancy of real property for a term exceeding 29 days in any calendar year, whether by singular or cumulative instrument, (i) for the operation or use by others of real property owned or controlled by the City for the operation of a business, social, or other establishment or organization, including leases, concessions, franchises and easements, or (ii) for the City’s use of occupancy of real property owned by others, including leases, concessions, franchises and easements. “Contract” shall not include: a revocable at-will use or encroachment permit for the use of or encroachment on City property regardless of the ultimate duration of such permit; excavation, street construction or street use permits; agreements for the use of City rightof-way where a contracting utility has the power of eminent domain; or agreements governing the use of City property that constitute a public forum for activities that are primarily for the purpose of espousing or advocating causes or ideas and that are generally protected by the First Amendment to the United States Constitution or that are primarily recreational in nature.
“Contractor” means any person or persons, firm partnership or corporation, company , or combination thereof, that enters into a Contract with the City. “Contractor” does not include a public entity.
“Domestic Partner” means any person who has a currently registered domestic partnership with a governmental entity pursuant to state or local law authorizing the registration. “Employee Benefits” means bereavement leave; disability, life, and other types of insurance; family medical leave; health benefits; membership or membership discounts; moving expenses; pension and retirement benefits; vacation; travel benefits; and any other benefit given to employees;. “Employee benefits” shall not include benefits to the extent that the application of the requirements of this chapter to such benefits may be preempted by federal or state.
CONTRACTOR’S OBLIGATION TO PROVIDE THE CITY WITH DOCUMENTATION AND
INFORMATION
Contractor shall provide the City with documentation and information verifying its compliance with the requirements of the Ordinance within ten (10) days of receipt of a request from the City. Contractors shall keep accurate payroll records, showing, for each City Contract, the employee’s name, address, Social Security number, work classification, straight time pay rate, overtime pay rate, overtime hours worked, status and exemptions, and benefits for each day and pay period that the employee works on the City Contract.
Each request for payroll records shall be accompanied by an affidavit to be completed and returned by the Contractor, as stated, attesting that the information contained in the payroll records is true and correct, and that the Contractor has complied with the requirements of the Ordinance. A violation of the Ordinance or noncompliance with the requirements of the Ordinance shall constitute a breach of contract.
EMPLOYER COMPLIANCE CERTIFICATE AND NOTICE REQUIREMENTS (a) All contractors seeking a Contract subject to the Ordinance shall submit a completed Declaration of Compliance Form (attachment “A”), signed by an authorized representative, with each proposal, bid or application. The Declaration of Compliance shall be made a part of the executed contract, and will be made available for public inspection and copying during regular business hours.
(b) The Contractor shall give each existing employee working directing on a City contract, and (at the time of hire), each new employee, a copy of the notification provided as attachment “B.”
(c) Contractor shall post, in a place visible to all employees, a copy of the notice provided as attachment “C.”
DECLARATION OF COMPLIANCE
Equal Benefits Ordinance
Name of Contractor
Address
The above named contractor (“Contractor”) hereby declares and agrees as follows:
1. I have read and understand the Non-Discrimination In Employee Benefits By City Contractors Ordinance (“Ordinance”) provided to me by the City of Sacramento (“City”) in connection with the City’s request for proposals or other solicitations for the performance of services, or for the provision of commodities, under a City contract or agreement (“Contract”).
2. As a condition of receiving the City Contract, I agree to fully comply with the requirements of the Ordinance, codified as Chapter 3. 54 of the Sacramento City Code.
3. If the face amount of this City Contract is less than $100,000.00 as a condition of receiving this Contract, I agree to notify the City in writing if the aggregate value of the City Contract referenced herein, after changes, modifications, or similar actions, equals or exceeds $100,000.00 in total value.
4. I understand, to the extent that such benefits are not preempted or prohibited by federal or state law, employee benefits covered by the Ordinance, are any of the following:
a. Bereavement Leave
b. Disability, life, and other types of insurance
c. Family medical leave
d. Health benefits
e. Membership or membership discounts
f. Moving expenses
g. Pension and retirement benefits
h. Vacation
i. Travel benefits
j. Any other benefit offered to employees
I agree that should I offer any of the above listed employee benefits, that I will offer those benefits, without discrimination between employees with spouses and employees with domestic partners, and without discrimination between the spouses and domestic partners of such employees.
5. I understand that I will not be considered to be discriminating in the provision or application of employee benefits under the following conditions or circumstances:
a. In the event that the actual cost of providing a benefit to a domestic partner or spouse, exceeds the cost of providing the same benefit to a spouse or domestic partner of an employee, I will not be required to provide the benefit, nor shall it be deemed discriminatory, if I require the employee to pay the monetary difference in order to provide the benefit to
the domestic partner or to the spouse.
b. In the event I am unable to provide a certain benefit, despite taking reasonable measures to do so, if I provide the employee with a cash equivalent, I will not be deemed to be discriminating in the application of that benefit.
c. If I provide employee benefits neither to employee’s spouses nor to employee’s domestic partners.
d. If I provide employee benefits to employees on a basis unrelated to marital or domestic partner status.
e. If I submit, to the Program Coordinator, written evidence of making reasonable efforts to end discrimination in employee benefits by implementing policies which are to be enacted before the first effective date after the first open enrollment process following the date the Contract is executed with the City.
I understand that any delay in the implementation of such policies may not exceed one (1) year from the date the Contract is executed with the City, and applies only to those employee benefits for which an open enrollment process is applicable.
f. Until administrative steps can be taken to incorporate, in the infrastructure, nondiscrimination in employee benefits
The time allotted for these administrative steps will apply only to those employee benefits for which administrative steps are necessary and may not exceed three (3) months from the date the Contract is executed with the City. g. Until the expiration of a current collective bargaining agreement(s) where, in fact, employee benefits are governed by a collective bargaining agreement(s). h. I take all reasonable measures to end discrimination in employee benefits by either requesting the union(s) involved agree to reopen the agreement(s) in order for me to take whatever steps are necessary to end discrimination in employee benefits or by my ending discrimination in employee benefits without reopening the collective bargaining agreement(s). i. In the event I cannot end discrimination in employee benefits despite taking all reasonable measures to do so, I provide a cash equivalent to eligible employees for whom employee benefits (as listed previously), are not available.
Unless otherwise authorized in writing by the City Manager, I understand this cash equivalent must begin at the time the union(s) refuse to allow the collective bargaining agreement(s) to be reopened or no longer than three (3) months from the date the Contract is executed with the City.
6. I understand that failure to comply with the provisions of Section 5. (a) through
4. (i), above, will subject me to possible suspension and/or termination of this Contract for cause; repayment of any or all of the Contract amount disbursed by the City; debarment for future contracts until all penalties and restitution have been paid in full; deemed ineligible for future contracts for up to two (2) years; the imposition of a penalty, payable to the City, in the sum of $50.00 for each employee,
for each calendar day during which the employee was discriminated against in violation of the provisions of the Ordinance.
7. I understand and do hereby agree to provide each current employee and, within ten (10) days of hire, each new employee, of their rights under the Ordinance. I further agree to maintain a copy of each such letter provided, in an appropriate file for possible inspection by an authorized representative of the City. I also agree to prominently display a poster informing each employee of these rights.
8. I understand that I have the right to request an exemption to the benefit provisions of the Ordinance when such a request is submitted to the Procurement Services Division, in writing with sufficient justification for resolution, prior to contract award.
I further understand that the City may request a waiver or exemption to the provisions or requirements of the Ordinance, when only one contractor is available to enter into a contract or agreement to occupy and use City property on terms and conditions established by the City; when sole source conditions exist for goods, services, public project or improvements and related construction services; when there are no responsive bidders to the EBO requirements and the contract is for essential goods or services; when emergency conditions with public health and safety implications exist; or when the contract is for specialized legal services if in the best interest of the City.
9. In consideration of the foregoing, I shall defend, indemnify and hold harmless, the City, its officers and employees, against any claims, actions, damages, costs (including reasonable attorney fees), or other liabilities of any kind arising from any violation of the City’s Equal Benefits Requirements or of the Ordinance by me.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to bind the Contractor to the provisions of this Declaration.
Signature of Authorized Representative Date
Print Name
Title
YOUR RIGHTS UNDER THE CITY OF SACRAMENTO’S
NON-DISCRIMINATION IN EMPLOYEE BENEFITS BY CITY CONTRACTORS ORDINANCE On ……………….. (date), your employer (the “Employer”) entered into a contract with the City of Sacramento (the “City”) for ………………………….. (contract details), and as a condition of that contract, agreed to abide by the requirements of the City’s Non-Discrimination In Employee Benefits By City Contractors Ordinance (Sacramento City Code Section 3.54).
The Ordinance does not require the Employer to provide employee benefits. The Ordinance does require that if certain employee benefits are provided by the Employer, that those benefits be provided without discrimination between employees with spouses and employees with domestic partners, and without discrimination between the spouse or domestic partner of employees.
The Ordinance covers any employee working on the specific contract referenced above, but only for the period of time while those employees are actually working on this specific contract.
The included employee benefits are:
- Bereavement leave - Moving expenses
- Disability, life and other types of insurance - Pension and retirement - Family medical leave benefits
- Health benefits - Vacation
- Membership or membership discounts - Travel benefits
- Any other benefits given to
employees
(Employee Benefits does not include benefits that may be preempted by federal or state law.)
If you feel you have been discriminated or retaliated against by your employer in the terms and conditions of your application for employment, or in your employment, or in the application of these employee benefits, because of your status as an applicant or as an employee protected by the Ordinance, or because you reported a violation of the Ordinance, and after having exhausted all remedies with your employer,
You May . . .
Submit a written complaint to the City of Sacramento, Contract Services Unit, containing the details of the alleged violation. The address is:
City of Sacramento
Contract Services Unit
915 I St, 2nd Floor
Sacramento, CA 95814-2714
Bring an action in the appropriate division of the Superior Court of the State of California against the Employer and obtain the following remedies:
- Reinstatement, injunctive relief, compensatory damages and punitive damages
- Reasonable attorney’s fees and costs
YOUR RIGHTS UNDER THE CITY OF SACRAMENTO’S
NON-DISCRIMINATION IN EMPLOYEE BENEFITS BY CITY CONTRACTORS ORDINANCE If your employer provides employee benefits, they must be provided to those employees working on a City of Sacramento contract without discriminating between employees with spouses and employees with domestic partners.
The included employee benefits are:
- Bereavement leave - Moving expenses
- Disability, life and other types of insurance - Pension and retirement benefits - Family medical leave - Vacation
- Health benefits - Travel benefits
- Membership or membership discounts - Any other benefits given to employees
If you feel you have been discriminated against by your employer . . .
You May . . .
Submit a written complaint to the City of Sacramento, Contract Services Unit, containing the details of the alleged violation. The address is:
City of Sacramento
Contract Services Unit
915 I St, 2nd Floor
Sacramento, CA 95814-2714
Bring an action in the appropriate division of the Superior Court of the State of California against the employer and obtain reinstatement, injunctive relief, compensatory damages, punitive damages and reasonable attorney’s fees and costs.
Discrimination and Retaliation Prohibited.
If you feel you have been discriminated or retaliated against by your employer in the terms and conditions of your application for employment, or in your employment, because of your status as an applicant or as an employee protected by the Ordinance, or because you reported a violation of this Ordinance . . .
You May Also . . .
Submit a written complaint to the City of Sacramento, Contract Services Unit, at the same address, containing the details of the alleged violation.
MINIMUM QUALIFICATIONS QUESTIONNAIRE
Sacramento City Code Section 3.60.020 authorizes the Sacramento City Council to adopt standard minimum qualifications for bidders on competitively bid public works construction projects, and requires, among other provisions, that a bidder meet such minimum qualifications at the time of bid opening in order to bid. On July 31, 2007, the City Council adopted Resolution No. 2007-574 establishing these standard minimum qualifications. Pursuant to City Code section 3.60.020, a bidder failing to meet these minimum qualifications at the time of bid opening shall not be considered a responsible bidder for purposes of bidding on the subject project.
All bidders must demonstrate compliance with the minimum qualifications established by Resolution No. 2007-574 by completing all of the questions contained in this questionnaire. Bidder responses shall be limited to those operating business units, offices, branches and/or subsidiary divisions of the bidder that will be involved with the performance of any project work if awarded the contract. If a bidder answers “yes” to any single question, fails to submit a fully completed questionnaire, or submits false information, this will result in a determination that the minimum qualifications are not met, and the bidder shall not be considered a qualified bidder for purposes of bidding on this contract. If two or more entities submit a bid on a contract as a Joint Venture, each entity within the Joint Venture must separately meet these minimum qualifications for the Joint Venture to be considered a qualified bidder.
The City of Sacramento (“City”) shall make its determination on the basis of the submitted questionnaire, as well as any relevant information that is obtained from others or as a result of investigation by the City. While it is the intent of this questionnaire to assist the City in determining whether bidders possess the minimum qualifications necessary to submit bids on the City’s competitively bid public works construction contracts, the fact that a bidder submits a questionnaire demonstrating that it meets these minimum qualifications shall not in any way limit or affect the City’s ability to: (1) review other information contained in the bid submitted by the bidder, and additional relevant information, and determine whether the contractor is a responsive and/or responsible bidder; or (2) establish pre-qualification requirements for a specific contract or contracts.
By submitting this questionnaire, the bidder consents to the disclosure of its questionnaire answers: (i) to third parties for purposes of verification and investigation; (ii) in connection with any protest, challenge or appeal of any action taken by the City; and (iii) as required by any law or regulation, including without limitation the California Public Records Act (Calif. Gov’t Code sections 6250 et seq.). Each questionnaire must be signed under penalty of perjury in the manner designated at the end of the form, by an individual who has the legal authority to bind the bidder submitting the questionnaire. If any information provided by a bidder becomes inaccurate, the bidder shall immediately notify the City and provide updated accurate information in writing, under penalty of perjury.
_______________________________________________________________________________
FOR CITY CLERK USE ONLY
RESOLUTION NO.: 2007-574
DATE ADOPTED: July 31, 2007
Minimum Qualifications Questionnaire
QUESTIONNAIRE
NOTICE: For firms that maintain other operating business units, offices, branches and/or subsidiary divisions that will not be involved with the performance of any project work if the firm is awarded the contract, references hereafter to “your firm” shall mean only those operating business units, offices, branches and/or subsidiary divisions that will be involved with the performance of any project work.
All of the following questions regarding “your firm” refer to the firm (corporation, partnership or sole proprietor) submitting this questionnaire, as well as any firm(s) with which any of your firm’s owners, officers, or partners are or have been associated as an owner, officer, partner or similar position within the last five years The firm submitting this questionnaire shall not be considered a responsible bidder if the answer to any of these questions is “yes”, or if the firm submits a questionnaire that is not fully completed or contains false information.
1. Classification & Expiration Date(s) of California Contractor’s License Number(s) held by firm:
________________________________________________________________
2. Has a contractor's license held by your firm and/or any owner, officer or partner of your firm been revoked at anytime in the last five years?
Yes No
3. Within the last five years, has a surety firm completed a contract on your firm’s behalf, or paid for completion of a contract to which your firm was a party, because your firm was considered to be in default or was terminated for cause by the project owner? Yes No
4. At the time of submitting this minimum qualifications questionnaire, is your firm ineligible to bid on or be awarded a public works contract, or perform as a subcontractor on a public works contract, pursuant to either California Labor Code section 1777.1 (prevailing wage violations) or Labor Code section 1777.7 (apprenticeship violations)?
Yes No
5. At any time during the last five years, has your firm, or any of its owners, officers or partners been convicted of a crime involving the awarding of a contract for a government construction project, or the bidding or performance of a government contract?
Yes No
_______________________________________________________________________________
FOR CITY CLERK USE ONLY
RESOLUTION NO.: 2007-574
DATE ADOPTED: July 31, 2007
Minimum Qualifications Questionnaire
6. Answer either subsection A or B, as applicable:
A. Your firm has completed three or more government construction contracts in Sacramento County within the last five years: Within those five years, has your firm been assessedliquidated damages on three or more government construction contracts in Sacramento County for failure to complete contract work on time?
NOTE: If there is a pending administrative or court action challenging the assessment of liquidated damages on a government contract within the last five years, you need not include that contract in responding to this question.
Yes No Not applicable
OR
B. Your firm has not completed at least three government construction contracts in Sacramento County within the last five years: Within the last three years, has your firm been assessed liquidated damages on three or more government construction contracts for failure to complete contract work on time?
NOTE: If there is a pending administrative or court action challenging an assessment of liquidated damages on a government contract within the last three years, you need not include that contract in responding to this question.
Yes No Not applicable
7. In the last three years has your firm been debarred from bidding on, or completing, any government agency or public works construction contract for any reason? NOTE: If there is a pending administrative or court action challenging a debarment, you need not include that debarment in responding to this question.
Yes No
8. Has CAL OSHA assessed a total of three or more penalties against your firm for any “serious” or “willful” violation occurring on construction projects performed in Sacramento County at any time within the last three years?
NOTE: If there is a pending administrative or court action appealing a penalty assessment, you need not include that penalty assessment in responding to this question.
Yes No
_______________________________________________________________________________
FOR CITY CLERK USE ONLY
RESOLUTION NO.: 2007-574
DATE ADOPTED: July 31, 2007
Minimum Qualifications Questionnaire
9. Answer either subsection A or B, as preferred:
A. In the last three years has your firm had a three year average Workers’ Compensation experience modification rate exceeding 1.1?
Yes No
OR
B. In the last three years has your firm had a three-year average incident rate for total lost workday cases exceeding 10?
NOTE: Incident rates represent the number of lost workday cases per 100 full-time workers and is to be calculated as: (N/EH) x 200,000, where
N = number of lost workday cases (as defined by the U.S. Dept. of Labor, Bureau of Labor Statistics)
EH = total hours worked by all employees during the calendar year 200,000 = base for 100 equivalent full-time working (working 40 hours per week,
50 weeks per year)
Yes No
10. In the past three years, has the federal EPA, Region IX or a California Air Quality Management District or Regional Water Quality Control Board assessed penalties three or more times, either against your firm, or against the project owner for a violation resulting in whole or in part from any action or omission by your firm on a project on which your firm was a contractor in Sacramento County? NOTE: If there is a pending administrative or court action appealing a penalty assessment, you need not include that penalty assessment in responding to this question.
Yes No
_______________________________________________________________________________
FOR CITY CLERK USE ONLY
RESOLUTION NO.: 2007-574
DATE ADOPTED: July 31, 2007
Minimum Qualifications Questionnaire
11. In the past three years, has the federal EPA, Region IX or a California Air Quality Management District or Regional Water Quality Control Board assessed a single penalty of $100,000 or more, either against your firm, or against the project owner for a violation resulting in whole or in part from any action or omission by your firm on a project on which your firm was the contractor in Sacramento County? NOTE: If there is a pending administrative or court action appealing a penalty assessment, you need not include that penalty assessment in responding to this question.
Yes No
12. In the past three years, have civil penalties been assessed against your firm pursuant to California Labor Code 1777.7 for violation of California public works apprenticeship requirements, three or more times?
NOTE: If there is a pending administrative or court action appealing a penalty assessment, you need not include that penalty assessment in responding to this question.
Yes No
13. In the past three years, has a public agency in California withheld contract payments or assessed penalties against your firm for violation of public works prevailing wage requirements, three or more times?
NOTE: If there is a pending administrative or court action appealing a withholding or penalty assessment, you need not include that withholding or penalty assessment in responding to this question.
Yes No
14. Has your firm been assessed penalties for violation of public works prevailing wage requirements in California, in an aggregate amount for the past three years of $50,000 or more? NOTE: If there is a pending administrative or court action appealing a penalty assessment, you need not include that penalty assessment in responding to this question.
Yes No
_______________________________________________________________________________
FOR CITY CLERK USE ONLY
RESOLUTION NO.: 2007-574
DATE ADOPTED: July 31, 2007
Minimum Qualifications Questionnaire
VERIFICATION AND SIGNATURE
I, the undersigned, certify and declare that I have read all the foregoing answers to this Minimum Qualifications Questionnaire, and know their contents. The matters stated in these Questionnaire answers are true of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Signed at _______________________________________, on _________________. (Location) (Date)
Signature: _________________________________
Print name: ________________________________
Title: _____________________________________
NOTE: If two or more entities submit a bid on a contract as a Joint Venture, each entity within the Joint Venture must submit a separate Minimum Qualifications Questionnaire. _______________________________________________________________________________
FOR CITY CLERK USE ONLY
RESOLUTION NO.: 2007-574
DATE ADOPTED: July 31, 2007
Minimum Qualifications Questionnaire
TITLE VI
Title VI Language
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
(1) Compliance with Regulations:
The contractor shall comply with the Regulations relative to nondiscrimination in Federally- assisted programs of the Department of Transportation (hereinafter, “DOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
(2) Nondiscrimination:
The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section
21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
(3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment:
In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports:
The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the (Recipient) or the (Name of Appropriate Administration) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the (Recipient), or the (Name of Appropriate Administration) as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance:
In the event of the contractor’s noncompliance with the nondiscrimination provisions of this contract, the (Recipient) shall impose such contract sanctions as it or the (Name of Appropriate Administration) may determine to be appropriate, including, but not limited to:
(a) withholding of payments to the contractor under the contract until the contractor complies, and/or
(b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions:
The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the (Recipient) or the (Name of Appropriate Administration) may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the (Recipient) to enter into such litigation to protect the interests of the (Recipient), and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
FOLLOWING FORMS TO BE FILLED OUT AND
SIGNED ONLY IF AWARDED CONTRACT
Form approved by City Attorney 1-11-17 1
AGREEMENT
(Construction Contract Over $25,000)
THIS AGREEMENT, dated for identification ________, is made and entered into between the CITY OF SACRAMENTO, a municipal corporation (“City”), and _________ (“Contractor”).
The City and Contractor hereby mutually agree as follows:
1. CONTRACT DOCUMENTS
The Contract Documents, sometimes also referred to as the “Contract,” consist of the following items, which are hereby incorporated by reference as if set forth in full in this Agreement:
Notice to Contractors
Proposal Form submitted by the Contractor
Instructions to Bidders
Subcontractor and Local Business Enterprise Participation Form Drug-Free Workplace Policy and Affidavit
Construction and Demolition (C&D) Debris Recycling Requirements Workers’ Compensation Insurance Certification
Federal or State funding requirements (if applicable)
Local Business Enterprise (LBE) Requirements
Requirements of the Non-Discrimination in Employee Benefits Code Ban-The-Box Requirements
Notice Regarding Assembly Bill 626
Addenda, if any
This Agreement
Standard Specifications
Special Provisions
Plans and Technical Specifications
The drawings and other data and all developments thereof prepared by City pursuant to the Contract
Any modifications of any of the foregoing made or approved by City, including but not limited to duly authorized change orders
Unless specifically noted otherwise, references to the “Standard Specifications” shall mean and refer to the Standard Specifications for Public Construction of the City of Sacramento approved by the Sacramento City Council on June 4, 2007 (Resolution No. 2007-350), and any subsequent amendments thereto approved by the Sacramento City Council or the Sacramento City Manager. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles and headings contained in the Contract Documents are provided solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretation of the provisions to which they refer.
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2. DEFINITIONS
Unless otherwise specifically provided herein, all words and phrases defined in the Standard Specifications shall have the same meaning and intent in this Agreement.
3. AGREEMENT CONTROLS
In the event of a conflict between any of the terms and conditions set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail, except that the provisions of any duly authorized change order shall prevail over any conflicting provisions of this Agreement.
4. SCOPE OF CONTRACT
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, material and transportation necessary to perform and complete in a good and workmanlike manner to the satisfaction of City, all the Work called for in the Contract Documents entitled:
34TH STREET REHABILITATION PROJECT
(R15210024)
Including the Work called for in the following alternative bid items described in the Proposal Form:
__________________________________________________________________________ Contractor agreesto perform such Work in the manner designated in and in strict conformity with the Contract Documents.
5. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, as complete payment for the above Work, in accordance with the schedule and procedures set forth in the Contract Documents and subject to deductions, withholdings and additions as specified in the Contract Documents, a total sum that shall not exceed the total bid amount set forth in Contractor’s Proposal Form.
In addition, subject to deductions, withholdings and additions as specified in the Contract Documents, payment for individual items of the Work shall be computed as follows:
A. For items of the Work for which a lump sum price is specified in Contractor’s Proposal Form, Contractor shall be paid the lump sum price(s) specified in Contractor’s Proposal Form; and
B. For items of the Work for which a unit price is specified in Contractor’s Proposal Form, Contractor shall be paid the sum computed at such unit price, or computed at a different price if such different price is determined by City in accordance with the Standard Specifications, based on the actual amount of each such item performed and/or furnished and incorporated in the Work; provided that in no event shall the Form approved by City Attorney 1-11-17 3
total sum for a unit price item exceed the total bid amount set forth for such item in the Contractor’s Proposal Form, unless authorized by Change Order.
6. PROGRESS PAYMENTS
Subject to the terms and conditions of the Contract, City shall cause payments to be made upon demand of Contractor as follows:
A. On or about the first of the month, the Engineer shall present to the Contractor a statement showing the amount of labor and materials incorporated in the Work through the twentieth (20) calendar day of the preceding month. After both Contractor and Engineer approve the statement in writing, and the City’s labor compliance officer provides written approval, the City shall issue a certificate for ninety-five (95) percent of the amount it shall find to be due, subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations.
B. No inaccuracy or error in said monthly estimates shall operate to release Contractor from damages arising from such Work or from enforcement of each and every provision of the Contract Documents, and City shall have the right subsequently to correct any error made in any estimate for payment.
C. Contractor shall not be paid for any defective or improper Work.
D. The remaining five (5) percent of the value of the Work performed under the Contract, if unencumbered and subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations, shall be released not later than sixty (60) days after completion and final acceptance of the Work by City. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising under the Contract Documents, except for disputed claims in stated amounts that the Contractor specifically reserves in writing, but only to the extent that the Contractor has complied with all procedures and requirements applicable to the presentation and processing of such claim(s) under the Contract Documents. Contractor shall be entitled to substitute securities for retention or to direct that payments of retention be made into escrow, as provided in Public Contract Code Section 22300, upon execution of the City’s Escrow Agreement for Security Deposits in Lieu of Retention.
E. The parties agree that, for purposes of the timely progress payment requirements specified in Public Contract Code Section 20104.50, the date that the City receives a statement jointly approved by the Contractor and the Engineer as provided above shall be deemed to constitute the date that City receives an undisputed and properly submitted payment request from the Contractor. Progress payments not made within 30 days after this date may be subject to payment of interest as provided in Public Contract Code Section 20104.50.
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F. This Contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations, as specified in California Labor Code section 1771.4.
7. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR
When, under the provisions of this Contract or any applicable Laws or Regulations, City is authorized or required to withhold, deduct or charge any sum of money against Contractor, City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate(s), or from any other moneys due or that may become due Contractor from City. If, on completion or termination of the Contract, sums due Contractor are insufficient to pay City's charges, City shall have the right to recover the balance from Contractor or its Sureties.
8. COMMENCEMENT AND PROSECUTION OF WORK
Contractor shall commence the Work not later than fifteen (15) working days after the date of the written Notice to Proceed from City to Contractor and shall diligently prosecute the Work to final completion. The phase “commence the Work” means to engage in a continuous program on-site including, but not limited to, site clearance, grading, dredging, land filling and the fabrications, erection, or installation of the Work. The Notice to Proceed shall be issued within fifteen (15) calendar days following execution of the Agreement by the City and the filing by Contractor of the required Bonds and proof of insurance, provided that the Engineer may delay issuance of the Notice to Proceed if the Engineer determines in the Engineer’s sole discretion that conditions on the site of the Work are unsuitable for commencement of the Work. After the Notice to Proceed is issued, the continuous prosecution of Work by Contractor shall be subject only to Excusable Delays as defined in this Agreement.
9. TIME OF COMPLETION
The entire Work shall be brought to completion in the manner provided for in the Contract Documents on or before 60 WORKING DAYS from the date of the Notice to Proceed (hereinafter called the “Completion Date”) unless extensions of time are granted in accordance with the Contract Documents.
Failure to complete the entire Work by the Completion Date and in the manner provided for in the Contract Documents shall subject Contractor to liquidated damages as provided in this Agreement. Time is and shall be of the essence in the performance of the Contract and the Work.
10. PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORK
The payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the Work or any portion thereof and shall in no way reduce the liability of Contractor to replace unsatisfactory work or material, whether or not the Form approved by City Attorney 1-11-17 5
unsatisfactory character of such work or material was apparent or detected at the time such payment was made.
11. ACCEPTANCE NOT RELEASE
Contractor shall correct immediately any defective or imperfect work or materials that may be discovered before final acceptance of the entire Work, whether or not such defect or imperfection was previously noticed or identified by the City. The inspection of the Work, or any part thereof, shall not relieve Contractor of any of its obligations to perform satisfactory work as herein specified.
Failure or neglect on the part of City or any of its officers, employees or authorized agents to discover, identify, condemn or reject defective or imperfect work or materials shall not be construed to imply an acceptance of such work or materials, if such defect or imperfection becomes evident at any time prior to final acceptance of the entire Work, nor shall such failure or neglect be construed as barring City from enforcing Contractor’s warranty(ies) or otherwise recovering damages or such a sum of money as may be required to repair or rebuild the defective or imperfect work or materials whenever City may discover the same, subject only to any statutes of limitation that may apply to any such claim.
12. CITY'S RIGHT TO TAKE POSSESSION OF THE WORK IN WHOLE OR IN PART The City shall have the right at any time to enter upon the Work and perform work not covered by this Contract, or to occupy and use a portion of the Work, prior to the date of the final acceptance of the Work as a whole, without in any way relieving Contractor of any obligations under this Contract.
13. NO WAIVER OF REMEDIES
Neither the inspection by City, its officers, employees or agents, nor any certificate or other approval for the payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by City, nor any extensions of time, nor any position taken by City, its officers, employees or its agents shall operate as a waiver of any provision of the Contract Documents nor of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of this Agreement be held to be a waiver of any other or subsequent breach. All remedies provided in the Contract Documents shall be taken and construed as cumulative; in addition to each and every other remedy herein provided, the City shall have any and all equitable and legal remedies that it would in any case have.
14. WARRANTY
Except as otherwise expressly provided in the Contract Documents, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all Work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the Work, or otherwise provided as a part of the Work pursuant to the Contract, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire Work by the City.
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Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City.
In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City.
In addition to the above, the Contractor shall make a written assignment of all manufacturer’s and other product warranties to the City, prior to completion and final acceptance of the Work by City.
The Contractor’s Performance Bond shall secure the performance of the Contractor’s obligations under this Section 14, and the Contractor and its Surety shall be jointly and severally liable for these obligations.
15. LIQUIDATED DAMAGES IF WORK NOT COMPLETED ON TIME
A. The actual fact of the occurrence of damages and the actual amount of the damages that City would suffer if the entire Work, and/or any specified portion thereof, were not completed within the time(s) specified herein are dependent upon many circumstances and conditions that could prevail in various combinations, and for this reason, it is impracticable and extremely difficult to fix the actual damages. Damages that City would suffer in the event of such delay include: loss of the use of the project; expenses of prolonged assignment to the project of an architectural and/or engineering staff; prolonged costs of administration, inspection, and supervision; increased operational expenses and/or impaired operation of other facilities dependent upon completion of the project; and the loss and inconvenience suffered by the public within the City of Sacramento by reason of the delay in the completion of the project or portion thereof. Accordingly, the parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the amount(s) set forth herein as liquidated damages reflect the parties’ best efforts at the time of entering into the Contract to estimate the damages that may be incurred by City and the public due to the Contractor’s delay in completion of the Work and/or any specified portion thereof, and shall be presumed to be the amount of damages sustained by the failure of Contractor to complete the entire Work and/or any specified portion thereof within the time(s) specified herein.
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B. Contractor shall pay liquidated damages to City for failure to complete the entire Work by the Completion Date (as extended in accordance with the Contract Documents, if applicable) in the amount of $4,000.00 for each calendar day after the Completion Date (as extended in accordance with the Contract Documents, if applicable), continuing to the time at which the entire Work is completed. Such amount is the actual cash value agreed upon by the City and Contractor as the loss to City and the public resulting from Contractor's default. The parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the foregoing provisions provide for the imposition of liquidated damages from the Completion Date (as extended in accordance with the Contract Documents, if applicable) until the date of completion of the entire Work as determined by the Engineer in accordance with Section
8-4 of the Standard Specifications, whether or not the Work or any portion thereof is claimed or determined to be substantially complete prior to such date of completion.
C. In the event Contractor shall become liable for liquidated damages, City, in addition to all other remedies provided by law, shall have the right to withhold any and all payments that otherwise would be or become due Contractor until the liability of Contractor under this section is finally determined. City shall have the right to use and apply such payments, in whole or in part, to reimburse City for all liquidated damages due orto become due to City. Any remaining balance ofsuch payments shall be paid to Contractor only after discharge in full of all liability incurred by Contractor under this section or otherwise under any provision of the Contract Documents or any applicable Law or Regulation. If the sum so retained by City is not sufficient to discharge all such liabilities of Contractor, Contractor shall continue to remain liable to City until all such liabilities are satisfied in full. No failure by City to withhold any payment as specified above shall in any manner be construed to constitute a release of any such liabilities nor a waiver of the City’s right to withhold payment for such liabilities.
16. INDEMNITY AND HOLD HARMLESS
A. Contractor shall defend, hold harmless and indemnify the City, its officers, employees, and agents, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, whether arising on or off the site of the Work, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including but not limited to Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform the Work by the Contractor, any subcontractor or agent, anyone directly or indirectly employed by Form approved by City Attorney 1-11-17 8
any of them or anyone for whose acts any of them may be liable, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder, or (ii) such Liabilities are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from (i) the sole negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, or (ii) the active negligence of City.
B. The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this Section 16, nor shall the limits of such insurance limit the liability of Contractor hereunder. The provisions of this Section 16 shall survive any expiration or termination of the Contract.
17. CONTRACTOR SHALL ASSUME RISKS
Until the completion and final acceptance by City of all Work under this Contract, the Work shall be under Contractor's responsible care and charge, and Contractor, at no cost to City, shall rebuild, repair, restore and make good all injuries, damages, re-erections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the Work.
18. GENERAL LIABILITY OF CONTRACTOR
Except as otherwise herein expressly stipulated, Contractor shall perform all the Work and furnish all the labor, materials, tools, equipment, apparatus, facilities, transportation, power and light, and appliances, necessary or proper for performing and completing the Work herein required in the manner and within the time herein specified. The mention of any specific duty or liability of Contractor shall not be construed as a limitation or restriction of any general liability or duty of Contractor, and any reference to any specific duty or liability shall be construed to be solely for the purpose of explanation.
19. INSURANCE
During the entire term of the Contract, Contractor shall maintain the insurance coverage described in this Section 19.
Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified for the Work performed by Contractor under this Contract. No additional compensation will be provided for Contractor’s insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
It is understood and agreed by the Contractor that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by Form approved by City Attorney 1-11-17 9
the Contractor in connection with this Contract.
A. Minimum Scope & Limits of Insurance Coverage
(1) Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of Contractor and its subcontractors, products and completed operations of Contractor and its subcontractors, and premises owned, leased, or used by Contractor and its subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.
(2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than one million dollars ($1,000,000) per accident. The policy shall provide coverage for owned, non-owned, and/or hired autos as appropriate to the operations of the Contractor.
No automobile liability insurance shall be required if Contractor completes the following certification:
“I certify that a motor vehicle will not be used in the performance of any work or services under this agreement.” ________ (Contractor initials)
(3) Excess Insurance: The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance shall contain, or be endorsed to contain, a provision that it shall apply on a primary basis for the benefit of the CITY, and any insurance or self-insurance maintained by CITY, its officials, employees, or volunteers shall be in excess of such umbrella or excess coverage and shall not contribute with it. (4) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers’ Compensation policy shall include a waiver of subrogation in favor of the City.
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No Workers’ Compensation insurance shall be required if Contractor completes the following certification:
“I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance.” _________
(Contractor initials)
B. Additional Insured Coverage
(1) Commercial General Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and its subcontractors; products and completed operations of Contractor and its subcontractors; and premises owned, leased, or used by Contractor and its subcontractors. (2) Automobile Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.
C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) Contractor’s insurance coverage, including excess insurance, shall be primary insurance as respects City, its officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees, or volunteers. (3) Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms.
D. Acceptability of Insurance
Insurance shall be placed with insurers with a Bests’ rating of not less than A:VI.
Self-insured retentions, policy terms or other variations that do not comply with Form approved by City Attorney 1-11-17 11
the requirements of this Section 3 must be declared to and approved by the City in writing prior to execution of this Contract.
E. Verification of Coverage
(1) Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Copies of policies shall be delivered to the City on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier.
(2) For all insurance policy renewals during the term of this Contract, Contractor shall send insurance certificates reflecting the policy renewals directly to:
City of Sacramento
c/o EXIGIS LLC
P.O. Box 4668 ECM- #35050
New York, NY 10168-4668
Insurance certificates also may be faxed to (888) 355-3599, or e-mailed to:
[email protected]
(3) The City may withdraw its offer of contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided prior to execution of this Contract. The City may withhold payments to Contractor or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
F. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in subsection A, above.
20. FAILURE TO MAINTAIN BONDS OR INSURANCE
If, at any time during the performance of this Contract, Contractor fails to maintain any item of the bonds and/or insurance required under the Contract in full force and effect, Contractor shall immediately suspend all work under the Contract and notify City in writing of such failure. After such notice is provided, or if City discovers such failure and notifies Contractor, the City thereafter may withhold all Contract payments due or that become due until notice is received by City that such bonds and/or insurance have been restored in full force and effect and that the premiums therefor have been paid for a period satisfactory to the Division of Risk Management. Contractor shall not resume work until notified by City to do so, and the City shall have no responsibility or liability for any costs incurred by Contractor as a result of such suspension of Work.
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In addition to the foregoing, any failure to maintain any item of the required bonds and/or insurance at any time during the performance of this Contract will be sufficient cause for termination of the Contract by City.
The Contractor shall be solely responsible for, and shall defend, indemnify and hold harmless the City, its officers, employees and agents against and from, any and all damages, claims, losses, actions, costs or other expenses of any kind incurred by any party as a direct or indirect result of any suspension of Work or termination of the Contract under the provisions of this Section.
21. EXCUSABLE DELAYS
For the purpose of these Contract Documents, the term "Excusable Delay" shall mean, and is limited to, delay caused directly by: acts of God; acts of a public enemy; fires; inclement weather as determined by the Engineer; riots; insurrections; epidemics; quarantine restrictions; strikes; lockouts; sitdowns; acts of a governmental agency; priorities or privileges established for the manufacture, assemble, or allotment of materials necessary in the Work by order, decree or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the Work ordered by City insofar as they necessarily require additional time in which to complete the Work; the prevention of Contractor from commencing or prosecuting the Work because of the acts of others, excepting Contractor's subcontractors or suppliers; or the prevention of Contractor from commencing or prosecuting the Work because of a Citywide failure of public utility service.
The term "Excusable Delay" shall specifically not include: (i) any delay that could have been avoided by the exercise of care, prudence, foresight and diligence on the part of Contractor; (ii) any delay in the prosecution of any part of the Work that does not constitute a Controlling Operation, whether or not such delay is unavoidable; (iii) any reasonable delay resulting from time required by City for review of any Contractor submittals and for the making of surveys, measurements and inspection; and, (iv) any delay arising from an interruption in the prosecution of the Work on account of reasonable interference by other Contractors employed by City that does not necessarily prevent the completion of the entire Work within the time specified. Excusable Delays, if any, shall operate only to extend the Completion Date (not in excess of the period of such delay as determined by City) and shall not under any circumstances increase the amount City is required to pay Contractor except as otherwise provided in these Contract Documents.
22. CONTRACTOR TO SERVE NOTICE OF DELAYS
Whenever Contractor foresees any delay in the prosecution of the Work, and in any event as soon as possible (not to exceed a period of ten (10) calendar days) after the initial occurrence of any delay that Contractor regards as or may later claim to be an Excusable Delay, the Contractor shall notify the Engineer in writing of such delay and its cause, in order that the Engineer: (i) may take immediate steps to prevent if possible the occurrence or continuance of the delay; or (ii) if this cannot be done, may determine whether the delay is to be Form approved by City Attorney 1-11-17 13
considered excusable, how long it continues, and to what extent the prosecution and completion of the Work are delayed thereby. Said written notice shall constitute an application for an extension of time only if the notice requests such an extension and sets forth the Contractor's estimate of the additional time required together with a full description of the cause of the delay relied upon.
After the completion of any part or whole of the Work, the Engineer, in estimating the amount due Contractor, will assume that any and all delays that may have occurred in its prosecution and completion were not Excusable Delays, except for such delays for which the Contractor has provided timely written notice as required herein, and that the Engineer has found to be excusable. Contractor shall not be entitled to claim Excusable Delay for any delay for which the Contractor failed to provide such timely written notice.
23. EXTENSION OF TIME
If the Contractor complies with Section 22, above, and the Engineer finds a delay claimed by the Contractor to be an Excusable Delay, the Contractor shall be allowed an extension of time to complete the Work that is proportional to the period of Excusable Delay determined by the Engineer, subject to the approval by City of a change order granting such time extension.
During a duly authorized extension for an Excusable Delay, City shall not charge liquidated damages against the Contractor for such delay.
If the City extends the time to complete the Work as provided herein, such extension shall in no way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties of the Bonds provided pursuant to the Contract Documents. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extension of time. The granting of any extension of time as provided herein shall in no way operate as a waiver on the part of City of its rights under this Contract, excepting only extension of the Completion Date for such period of Excusable Delay as may be determined by the Engineer and approved by a duly authorized change order.
24. NO PAYMENT FOR DELAYS
No damages or compensation of any kind shall be paid to Contractor or any subcontractor because of delays in the progress of the Work whether or not such delays qualify for extension of time under this Agreement; except that this provision shall not preclude the recovery of damages for a delay caused by the City that is unreasonable under the circumstances and that is not within the contemplation of the parties, provided that the Contractor timely submits all such written notice(s) and fully complies with such other procedures as may be specified in the Contract Documents or any Laws or Regulations for Contractor to claim damages for such delay.
25. CHANGES IN THE WORK
Changes in the Work authorized or directed in accordance with the Contract Documents and extensions of time of completion made necessary by reason thereof shall not in any way Form approved by City Attorney 1-11-17 14
release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such changes in the Work relieve or release the Sureties on Bonds provided pursuant to the Contract Documents. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such change in Work and to any extension of time made by reason thereof.
26. TERMINATION AFTER COMPLETION DATE
In addition to any other rights City may have, if any services or work required under the Contract (including but not limited to punch list items) are not completed as of the Completion Date (as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), City may terminate the Contract at any time after the Completion Date ( as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), by providing a written notice to Contractor specifying the date of termination. Such notice also may specify conditions or requirements that Contractor must meet to avoid termination of the Contract on such date. If Contractor fails to fulfill all such conditions and requirements by such termination date, or, if no such conditions or requirements are specified, Contractor shall cease rendering services and performing work on such termination date, and shall not be entitled to receive any compensation for services rendered or work performed after such termination date. In the event of such termination, Contractor shall remain liable to City for liquidated damages incurred for any period of time prior to the termination date.
In addition to any other charges, withholdings or deductions authorized under the Contract or any Laws or Regulations, if City terminates the Contract pursuant to this section, City may withhold and deduct from any payment and/or retention funds otherwise due Contractor any sum necessary to pay the City's cost of completing or correcting, or contracting for the completion or correction of, any services or work under the Contract that are not completed to the satisfaction of the City or that otherwise are deficient or require correction as of such termination date, including but not limited to incomplete punch list items. Such costs shall include all of the City’s direct and indirect costs incurred to complete or correct such services or work, including the City’s administrative and overhead costs. If the amount of payment(s) and/or retention funds otherwise due the Contractor are insufficient to pay such costs, City shall have the right to recover the balance of such costs from the Contractor and/or its Surety(ies).
27. TERMINATION FOR CONVENIENCE
Upon written notice to the Contractor, the City may at any time, without cause and without prejudice to any other right or remedy of the City, elect to terminate the Contract for the convenience of City. In such case, the Contractor shall be paid (without duplication of any items, and after deduction and/or withholding of any amounts authorized to be deducted or withheld by the Contract Documents or any Laws or Regulations):
A. For Work executed in accordance with the Contract Documents prior to the effective date of termination and determined to be acceptable by the Engineer, including fair and reasonable sums for overhead and profit on such Work; Form approved by City Attorney 1-11-17 15
B. For reasonable claims, costs, losses, and damages incurred in settlement of terminated contracts with subcontractors, suppliers, and others; and C. For reasonable expenses directly attributable to termination.
Contractor shall not be paid for any loss of anticipated profits or revenue for any Work not performed prior to termination, nor for any economic loss arising out of or resulting from such termination, except for the payments listed in this section. Contractor’s warranty under Section 14 of this Agreement shall apply, and Contractor shall remain responsible for all obligations related to such warranty, with respect to all portions of the Work performed prior to the effective date of the termination for convenience pursuant to this section. The City shall be entitled to have any or all remaining Work performed by other contractors or by any other means at any time after the effective date of a termination for convenience pursuant to this section.
28. TERMINATION FOR BREACH OF CONTRACT
If Contractor abandons the Work under this Contract, or if the Contract or any portion of the Contract is sublet or assigned without the consent of the City, or if the Engineer determines in the Engineer’s sole discretion that the conditions of the Contract in respect to the rate of progress of the Work are not being fulfilled or any part thereof is unnecessarily delayed, or if Contractor violates or breaches, or fails to execute in good faith, any of the terms or conditions of the Contract, or if Contractor refuses or fails to supply enough properly skilled labor or materials or refuses or fails to make prompt payment to subcontractors for material or labor, or if Contractor disregards any Laws or Regulations or proper instruction or orders of the Engineer, then, notwithstanding any provision to the contrary herein, the City may give Contractor and its Sureties written notification to immediately correct the situation or the Contract shall be terminated.
In the event that such notice is given, and, in the event such situation is not corrected, or arrangements for correction satisfactory to the City are not made, within ten (10) calendar days from the date of such notice or within such other period of time as may be specified by the City in the notice, the Contract shall upon the expiration of said period cease and terminate. In the event of any such termination, City may take over the Work and prosecute the Work to completion, or otherwise, and the Contractor and its Sureties shall be liable to City for any cost occasioned City thereby, as hereinafter set forth.
In the event City completes the Work, or causes the Work to be completed, no payment of any kind shall be made to Contractor until the Work is complete. The cost of completing the Work, including but not limited to, extra costs of project administration and management incurred by City, both direct or indirect, shall be deducted from any sum then due, or that becomes due, to Contractor from City. If sums due to Contractor from City are less than the cost of completing the Work, Contractor and its Sureties shall pay City a sum equal to this difference on demand. In the event City completes the Work, and there is a sum remaining due to Contractor after City deducts the costs of completing the Work, then City shall pay Form approved by City Attorney 1-11-17 16
such sum to Contractor. The Contractor and Contractor’s Sureties shall be jointly and severally liable for all obligations imposed on Contractor hereunder.
No act by City before the Work is finally accepted, including, but not limited to, exercise of other rights under the Contract, actions at law or in equity, extensions of time, payments, assessments of liquidated damages, occupation or acceptance of any part of the Work, waiver of any prior breach of the Contract or failure to take action pursuant to this section upon the happening of any prior default or breach of Contractor, shall be construed to be a waiver or estoppel of the City’s right to act pursuant to this Section upon any subsequent event, occurrence or failure by Contractor to fulfill the terms and conditions of the Contract. The rights of City to terminate the Contract pursuant to this Section and pursuant to Sections 26 and 27 are cumulative and are in addition to all other rights of City pursuant to the Contract and at law or in equity.
29. CONTRACTOR BANKRUPT
If Contractor should commence any bankruptcy proceeding, or if Contractor is adjudged a bankrupt, or if Contractor makes any assignment for the benefit of creditors, or if a receiver is appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice as provided in Section 28 above.
30. SURETIES’ OBLIGATIONS UPON TERMINATION
If the City terminates the Contract pursuant to Section 28 or Section 29 above:
A. The Surety under Contractor’s performance bond shall be fully responsible for all of the Contractor’s remaining obligations of performance under the Contract as if the Surety were a party to the Contract, including without limitation Contractor’s obligations, as provided in the Contract Documents, to complete and provide a oneyear warranty of the entire Work, pay liquidated damages and indemnify, defend and hold harmless City, up to the full amount of the performance bond.
B. The Surety under Contractor’s payment bond shall be fully responsible for the performance of all of the Contractor’s remaining payment obligations for work, services, equipment or materials performed or provided in connection with the Work or any portion thereof, up to the full amount of the payment bond.
31. ACCOUNTING RECORDS OF CONTRACTOR
During performance of the Contract and for a period of three (3) years after completing the entire Work, Contractor shall maintain all accounting and financial records related to the Contract and performance of the Work in accordance with generally accepted accounting practices, and shall keep and make such records available for inspection and audit by representatives of the City upon reasonable written notice.
Form approved by City Attorney 1-11-17 17
32. USE TAX REQUIREMENTS
During the performance of this Agreement, CONTRACTOR, for itself, its assignees and successors in interest, agrees as follows:
A. Use Tax Direct Payment Permit: For all leases and purchases of materials, equipment, supplies, or other tangible personal property used to perform the Agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit from the California State Board of Equalization (“SBE”) in accordance with the applicable SBE criteria and requirements.
B. Sellers Permit: For any construction contract and any construction subcontract in the amount of $5,000,000 or more, Contractor and the subcontractor(s) shall obtain sellers permits from the SBE and shall register the jobsite as the place of business for the purpose of allocating local sales and use tax to the City.
Contractor and its subcontractors shall remit the self-accrued use tax to the SBE, and shall provide a copy of each remittance to the City.
C. The above provisions shall apply in all instances unless prohibited by the funding source for the Agreement.
33. NON-DISCRIMINATION IN EMPLOYEE BENEFITS
This Agreement may be subject to the requirements of Sacramento City Code Chapter
3.54, Non-Discrimination in Employee Benefits by City Contractors. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter
3.54, entitled “Requirements of the Non-Discrimination in Employee Benefits Code.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.54. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.54 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies.
34. CONSIDERING CRIMINAL CONVICTION INFORMATION IN THE EMPLOYMENT
APPLICATION PROCESS
This Agreement may be subject to the requirements of Sacramento City Code Chapter
3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter 3.62, entitled “Ban-The-Box Requirements.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and Form approved by City Attorney 1-11-17 18
understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.62 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies.
Contractor agrees to require its subcontractors to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62, and include these requirements in all subcontracts covered by Sacramento City Code Chapter 3.62.
Form approved by City Attorney 1-11-17 19
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set for opposite their names.
CONTRACTOR
Under penalty of perjury, I certify that the
taxpayer identification number and all other
information provided here are correct.
DATE BY_________________________________
____________________________________
Print Name
____________________________________
Title
BY_________________________________
___________________________________
Print Name
____________________________________
Title
DIR Registration #
____________________________________
Federal ID#
____________________________________
State ID#
____________________________________
City of Sacramento Business Operation Tax
Certificate No. (City will not award contract until
Certificate Number is obtained)
Type of Business Entity (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____Other (please specify:________________)
CITY OF SACRAMENTO
a municipal corporation
DATE BY _________________________________
For: Howard Chan, City Manager
Original Approved As To Form: Attest:
City Attorney City Clerk
CITY OF SACRAMENTO Bond No.:____________
PERFORMANCE BOND Premium: ____________
Department of Public Works
WHEREAS, the City of Sacramento, State of California, hereinafter called City, has conditionally awarded to: as principal, hereinafter called Contractor, a contract for construction of:
34TH STREET REHABILITATION PROJECT
(R15210024)
which contract is by reference incorporated herein and made a part hereof as if the Surety named below were a party to the contract, and is hereinafter referred to as the Contract; and WHEREAS, under the terms of the Contract, Contractor is required to furnish a bond for the faithful performance of the Contract.
NOW, THEREFORE, we the Contractor and (here insert full name and address of Surety):
,
a corporation duly authorized and admitted to transact business and issue surety bonds in the State of California, hereinafter called Surety, are held and firmly bound unto the City, as obligee, in the sum of:
__________________________________________________________ , for the payment of which sum well and truly to be made, we the Contractor and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. The condition of this obligation is such that, if the Contractor, Contractor's heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and fully perform all covenants, conditions and agreements required to be kept and performed by Contractor in the Contract and any changes, additions or alterations made thereto, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meanings, and shall indemnify and save harmless the City, its officers, employees and agents, as therein provided, then the Surety’s obligations under the Contract and this bond shall be null and void; otherwise they shall be and remain in full force and effect. This obligation shall remain in full force and effect through the end of the Contract warranty period, which will expire one year after the completion of work date specified in the Notice of Completion filed for the above-named project.
As part of the obligations secured hereby and in addition to the sum specified above, there shall be included all costs, expenses and fees, including attorney's fees, reasonably incurred by City in successfully enforcing such obligations, all to be taxed as costs and included in any judgment rendered.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by authorized representatives of the Contractor and Surety. SIGNED AND SEALED on __________________, 20_____. ____________________________________ _________________________________ (Contractor) (Seal) (Surety) (Seal)
By _________________________________ By ______________________________ Title ________________________________ Title _____________________________ Agent Name and Address ____________
ORIGINAL APPROVED AS TO FORM: _________________________________ Agent Phone # _____________________
____________________________________ Surety Phone # _____________________ City Attorney California License # _________________
Effective 7-1-12
CITYOF SACRAMENTO Bond No.:____________
PAYMENT BOND Premium: ____________
Department of Public Works
WHEREAS, the City of Sacramento, in the State of California, hereinafter called City, has conditionally awarded to:
hereinafter called Contractor, a contract for construction of:
34TH STREET REHABILITATION PROJECT
(R15210024)
Which contract is by reference incorporated herein and made a part hereof, and is hereinafter referred to as the Contract; and
WHEREAS, under the terms of the Contract and pursuant to Chapter 5 of Title 3 of Part 6 of Division 4 of the California Civil Code (commencing with Civil Code Section 9550), Contractor is required to furnish a good and sufficient payment bond to secure payment of the claims to which reference is made in Civil Code Section 9554.
NOW, THEREFORE, we the Contractor and (here insert full name and address of Surety):
_____________________________________________________________________________________, a corporation duly authorized and admitted to transact business and issue surety bonds in the State of California, hereinafter called Surety, are held and firmly bound unto the City, and unto all persons or entities entitled to assert a claim against a payment bond under any of the aforesaid Civil Code provisions in the sum of ______________________________, on the condition that if Contractor shall fail to pay for any materials or equipment furnished or used in performance of the Contract, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or the Employment Development Department from the wages of employees of the Contractor and all subcontractors with respect to such work or labor, then the Surety shall pay the same in an amount not exceeding the sum specified above. If suit is brought upon this bond, Surety shall pay, in addition to the above sum, all costs, expenses and fees, including attorney's fees, reasonably incurred by any party in successfully enforcing the obligation secured hereby, all to be taxed as costs and included in any judgment rendered. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect, and shall bind Contractor, Surety, their heirs, executors, administrators, successors and assigns, jointly and severally.
It is hereby stipulated and agreed that this bond shall inure to the benefit of all persons, companies, corporations, political subdivisions, State agencies and other entities entitled to assert a claim against a payment bond under any of the aforesaid Civil Code provisions, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by authorized representatives of the Contractor ____________________________________ and Surety. SIGNED AND SEALED on _______
__________________________ , 20 _____.
(Contractor) (Seal) (Surety) (Seal)
By _________________________________ By: ______________________________ Title ________________________________ Title: _____________________________ Agent name and Address: ________________
ORIGINAL APPROVED AS TO FORM: ________________________________ Agent Phone #: ____________________________ ______________________________ Surety Phone #: _____________________________ City Attorney California License #_________________________
WORKERS COMPENSATION CERTIFICATION
(Rev. 5-6-91)
WORKER'S COMPENSATION CERTIFICATION
In accordance with Article 5 (commencing at Section 1860), Chapter 1, Part 7, Division 2 of the Labor Code, the below certificate must be signed and filed with the awarding body prior to performing any work under this contract. Labor Code Section 3700, inter alia, states the following:
"Every employer shall secure the payment of compensation in one or more of the following ways:
"(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. "(b) By securing from the Director of Industrial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees.
To be signed by authorized corporate officer or partner or individual submitting the Proposal. If Bidder is: (example)
1. An individual using a firm name, sign: "John Doe, an individual doing business as Blank Company."
2. An individual doing business under his own name, Sign: your name only.
3. A co-partnership, sign: "John Doe and Richard Doe, co-partners doing business as Blank Company, by, John Doe, co-partner.
4. A corporation, sign: "Blank Company, by John Doe, Secretary." (or other title) I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
DATE: Contractor
By
Signature
C&D Recycling Requirements Page 1 Rev. 02/01/2011
Construction and Demolition (C&D) Debris Recycling Requirements As a condition of receiving this Contract, Contractor agrees to fully comply with the requirements specified herein for all demolition projects, as well as projects with a valuation of $250,000 or more:
1. Definitions. For purposes of this section, the following terms, words and phrases shall have the following meanings:
“Certified C&D sorting facility” means a facility that receives C&D debris and/or processes C&D debris into its component material types for reuse, recycling, and disposal of residuals and possesses a valid certificate as a C&D sorting facility from the Sacramento Regional County Solid Waste Authority. “Construction and demolition debris” or “C&D debris” means used or commonly discarded materials resulting from construction, repair, remodel or demolition operations on any pavement, house, building, or other structure, or from landscaping that are not hazardous as defined in California Health and Safety Code section 25100 et seq. Such materials include, but are not limited to, concrete, asphalt, wood, metal, brick, dirt, sand, rock, gravel, plaster, glass, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, masonry, plastic pipe, trees, and other vegetative matter resulting from land clearing and landscaping. “Divert” or “diversion” means to use materials for any purpose other than disposal in a landfill or transformation facility. Methods to divert materials include on-site reuse of the materials, delivery of materials from the project site to a certified C&D sorting facility or a recycling facility, or other methods as approved in regulations promulgated by the City Department of Utilities. “Franchised waste hauler” means a person who possesses a valid commercial solid waste collection franchise issued by the Sacramento Regional County Solid Waste Authority. “Mixed C&D debris” means loads that include commingled recyclable and non-recyclable C&D debris generated at a project site.
“Recyclable C&D debris” means C&D debris required to be diverted from landfills as specified in the Waste Management Plan and returned to the economic mainstream in the form of raw material for new, reused or reconstituted products that meet the quality standards necessary to be used in the marketplace.
“Recycling facility” means a facility or operation that receives, processes, and transfers sourceseparated recyclable materials. “Source-separated C&D debris” means recyclable C&D debris that is separately sorted and containerized at the site of generation by individual material type and segregated from mixed C&D debris prior to collection and transporting.
“Waste log” means a record detailing the management of C&D debris generated by the covered project, including the date and weight/volume of material by type that was salvaged, reused, recycled or disposed.
2. Waste Management Plan. A completed WMP (see Attachment 1) must be submitted to and approved by the City prior to commencing any work on the project. The WMP must specify the types of C&D debris that will be generated from the project; the manner in which C&D debris will be managed and/or stored on the project site; the manner in which recyclable C&D debris generated from the project will be recycled or reuse; the person who will haul, collect or transport the recyclable C&D debris from the project site; and the certified C&D sorting facility or recycling facility where recyclable C&D debris will be delivered. The WMP must be approved by the City prior to commencing any work on the project.
C&D Recycling Requirements Page 2 Rev. 02/01/2011
3. Contractor shall be solely responsible for diverting the recyclable C&D materials specified on the WMP. Mixed C&D debris shall be delivered to a SWA-certified C&D sorting facility only. Only the permit holder, the person who generates the waste, a franchised waste hauler, or the City of Sacramento can transport or haul mixed C&D debris. Source-separated C&D debris may be delivered by any person to any recycling facility that accepts such materials. (See Attachment 2 for list of C&D Debris Haulers and Facilities).
4. During the course of the project, Contractor shall maintain a waste log (see Attachment 3), and keep all weight tickets or weight receipts, for all C&D debris hauled away from the project. At a minimum, the waste log shall specify the C&D debris generated by the project; the manner in which C&D debris was recycled or re-used; and the facility where the C&D debris was delivered.
5. Within 30 days after submitting the project completion report, Contractor shall submit to the City a completed waste log, along with copies of supporting weight tickets. Contractor shall maintain and keep accurate and complete records of al bills, weight receipts or weight tickets that were issued for the collection, transport or disposal of C&D debris for a period of one-year after submittal of the waste log.
The records shall be made available for inspection, examination and audit by the City during the one-year retention period to validate the information provided in the WMP and in the waste log. If the City determines noncompliance by the Contractor after an audit has been conducted, Contractor shall reimburse the City for all costs incurred in performing the audit.
6. Failure by Contractor to comply with any provisions specified herein will subject Contractor to possible suspension and/or termination of this Contract for cause; repayment of any or all of the Contract amount disbursed by the City; imposition of a penalty, payable to the City ($50-$250 for first offense, $251-$500 for second offense, and $501-$1500 for subsequent offenses); and/or submission of a performance security deposit fee when submitting a permit application to the City for a project within one year of imposition of the penalty.
For questions or to obtain more information about the Recycling Requirements for C&D debris, contact the City of Sacramento, Solid Waste Services Division, 2812 Meadowview Road, Building 1, Sacramento, CA 95832, or telephone (916) 808-4833, or email C&[email protected] C&D Debris Waste Management Plan Page 1 Rev. 02/01/2011 Form
submitted by: Please attach a business card, or put your name with a phone number and/or an email address.
This Waste Management Plan (WMP) must be submitted and approved before work can begin. Only one WMP is required for each public construction project. The administration fee and, if applicable, a security deposit must be submitted with this form to be approved. Administration fee is 0.04% of project bid amount (min $40, max $800); security deposit, if applicable, is 1% of bid amount (max $10,000). The accompanying Waste Log must be submitted within 30 days of the project completion report, or a penalty may be imposed.
A. Building Project Information:
Job Address:
Engineering
Estimate:
Contractor: Phone:
Address: Email:
B. Briefly describe the project:
___________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________ C. Materials Required to be Recycled
50%
of all debris
must be recycled
50% of all debris must be recycled if generated during the course of your project. You can either source-separate them, which may be hauled by anyone, or mix them in one container and send the mixed C&D debris load to a Certified Mixed C&D Sorting Facility. Mixed C&D loads can only be hauled by a franchised hauler or self-hauled. Please see the Definitions section, on the next page, for more information.
D. Material Management.
1. How will C&D debris will be stored on the project site: _____ Mixed C&D _____ Source-Separated
2. Company to haul away debris: __________________________________________________________________________________
3. Facilities to receive debris: _____________________________________________________________________________________ C&D Debris
Waste Management Plan
C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-4839 / Fax: (916) 808-4999
C&[email protected]
C&D Debris Waste Management Plan Page 2 Rev. 02/01/2011 E. Definitions.
Please read and understand these terms. Call Solid Waste at (916) 808-4833 if these terms are not clear to you. More information is also available online at http://www.cityofsacramento.org/utilities/.
1. Self-haul or self-hauling: This is when the general contractor or a subcontractor who is doing work on the project hauls their own waste materials for recycling or disposal. Note that a jobsite cleanup crew is not doing other work on the project and is not self-hauling. Jobsite cleanup crews need to be franchised in order to haul mixed C&D debris away.
2. Franchised hauler: Check the Department of Utilities (DOU) website for a list of these haulers. Only these companies and the City of Sacramento can collect and haul mixed C&D debris generated within the City for a fee.
3. Source separation: This means keeping wood, metal, cardboard, or other recyclables in separate containers, and sending the materials to an authorized recycler. A list of authorized recyclers can be found on the DOU web site. Source-separated materials may be hauled by anyone.
4. Mixed C&D debris: This means putting all recyclable debris into one container. Mixed materials must be sent to a certified mixed C&D sorting facility. Mixed materials may be either self-hauled or hauled by a franchised hauler. If your job site is crowded, this option saves the most space.
5. Certified Mixed C&D Sorting Facility: See the DOU web site for a list. These facilities have been certified by the Sacramento Regional Solid Waste Authority (SWA) to extract recyclable materials from mixed C&D debris.
F. Terms and Conditions
• Your approved Waste Management Plan and Waste Log must be kept on the job site for the duration of the project. • City of Sacramento Solid Waste Services staff may enter the jobsite to inspect waste collection areas. • ALL Clean Wood Waste (unpainted, untreated lumber, plywood and OSB), Inert Materials (concrete, asphalt paving, brick, block, and dirt), Wooden Pallets, Scrap Metal, and Corrugated Cardboard must be recycled. • Only SWA-Certified Mixed C&D Sorting Facilities may be used to recycle these materials if mixed with other materials. • Only the City of Sacramento, SWA-Franchised Haulers, or self-haulers (as defined above) may collect and transport mixed C&D material from the jobsite.
• C&D Debris may not be burned or dumped illegally.
• Your Waste Log must be completed and submitted, with supporting weight tickets, within 30 days of submitting your project completion report. All waste hauling and disposal or recycling activity must be entered on the Waste Log, including information from any subcontractors who self-hauled their own debris off-site. • You must keep all receipts or weight-tickets from your project for a period of one year from the submittal of your waste log. • Failure to comply with these terms and conditions may result in a fine and payment of a security deposit on future projects.
C&D Debris
Waste Management Plan
C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-4839 / Fax: (916) 808-4999
C&[email protected]
C&D Debris Haulers & Facilities Rev. 02/01/2011
Certified Mixed C&D Facilities
Allied Waste / Elder Creek Transfer and Recovery (916) 387-8425 Florin-Perkins Public Disposal (916) 443-5120
L&D Landfill (916) 737-8640
Waste Management / K&M Recycle America (916) 452-0142
Franchised Haulers
ACES Waste Services, Inc. (866) 488-8837 Elk Grove Waste Management, LLC (916) 689-4052 Allied Waste Services (916) 631-0600 Mini Drops, Inc. (916) 686-8785 All Waste Systems, Inc. (916) 456-1555 Norcal Waste Services of Sacramento (916) 381-5300 Atlas Disposal Industries, LLC (916) 455-2800 North West Recyclers (916) 686-8575 California Waste Recovery Systems (916) 441-1985 Waste Management of Sacramento (916) 387-1400 Central Valley Waste Services, Inc. (209) 369-8274 Waste Removal & Recycling (916) 453-1400 City of Sacramento Solid Waste (916) 808-4839 Western Strategic Materials, Inc. (916) 388-1076 Recyclers* Recovery Stations & Landfills
Bell Marine (916) 442-9089 Elder Creek Recovery & Transfer Station
(916) 387-8425
C & C Paper Recycling (916) 920-2673
EBI Aggregates (916) 372-7580 Kiefer Landfill (916) 875-5555 International Paper (916) 371-4634 L & D Landfill (916) 383-9420 Modern Waste Solutions (916) 447-6800 North Area Recovery Station (916) 875-5555 PRIDE Industries, Inc. (916) 640-1300 Sacramento Recycling & Transfer Station
(916) 379-0500
Recycling Industries, Inc. (916) 452-3961
Sacramento Local Conservation Corps (916) 386-8394 Waste Management Recycle America (916) 452-0142 Smurfit-Stone Container Corporation (916) 381-3340
Southside Art Center (916) 387-8080
Spencer Building Maintenance, Inc. (916) 922-1900
More updated information can be found online at:
http://www.cityofsacramento.org/utilities/
* Please note that any facility may receive source-separated recyclable materials as long as it is authorized to do so by the State of California. This is not meant to be a complete list.
C&D Debris
Haulers & Facilities
C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-4833 / Fax: (916) 808-4999
C&[email protected]
C&D Debris Waste Log Rev. 02/01/2011
Project address:
This waste log, and copies of supporting weight tickets, must be submitted to Solid Waste within 30 days of submitting the project completion report. The waste log and weight tickets must also be kept on file for one year after project completion.
Date Hauler Material Destination Amount
Hauler: Indicate the Franchisee, Self-Hauler, City of Sacramento, or other hauler who removed the material offsite.
Material: Indicate appropriate category: Scrap Metal, Inert Materials, Cardboard, Wooden Pallets, or Clean Wood Waste.
Destination: Indicate the facility that received the material for disposal or recycling Amount: Indicate the weight. If weight is not known, put volume.
C&D Debris
Waste Log
C&D Debris Waste Management Plan
City of Sacramento Solid Waste Services
2812 Meadowview Road, Building 1
Sacramento, CA 95832
Phone: (916) 808-4839 / Fax: (916) 808-4999
C&[email protected]
GUARANTEE
(Rev. 5-6-91)
GUARANTEE
We hereby guarantee the 34TH STREET REHABILITATION PROJECT (R15210024) the City of Sacramento for one (1) year in accordance with the guarantee required in the specifications. We agree to repair or replace any or all such work, together with all or any other work which may be displaced in so doing, that may be proven defective in workmanship or material within the one-year period from the date of acceptance without any expense whatsoever to the City, ordinary wear and tear and unusual abuse or neglect excepted.
In the event of our failure to comply with the above-mentioned conditions within five (5) days time after being notified in writing, we collectively or separately, do hereby authorize the City to proceed to have the defects repaired and made good at our expense and will pay the costs and damages, including but not limited to any related attorney fees and City staff and administrative expenses, therefor immediately upon demand.
Dated: Signed:
Printed Name
Company
Address
SPECIAL PROVISIONS
1 TABLE OF CONTENTS
34TH STREET REHABILITATION PROJECT
BETWEEN 5TH AVENUE AND TRUCKEE WAY
(PN: R15210024)
SECTION NO. 1 - GENERAL REQUIREMENTS..................................................................................................................... 3
1.1 SCOPE AND LOCATION OF WORK ............................................................................................................. 3
1.2 SPECIFICATIONS ............................................................................................................................................ 3
1.3 ORDER OF WORK ........................................................................................................................................... 3
1.4 COMPLETION TIME ....................................................................................................................................... 4
1.5 PROVING BONDS AND SURETY.................................................................................................................. 4
1.6 PRE-BID INTERPRETATION OF CONTRACT DOCUMENTS.................................................................... 4
1.7 NO TRUCK HAUL ROUTE ON 28TH STREET SOUTH OF E STREET...................................................... 4
1.8 CERTIFICATION OF COMPLIANCE............................................................................................................. 5
1.9 GOLD SHOVEL STANDARD PROGRAM..................................................................................................... 5
1.10 FINAL PAY QUANTITY.................................................................................................................................. 5
1.11 EQUIPMENT TO BE SUPPLIED..................................................................................................................... 5
1.12 HANDLING AND REMOVAL OF HAZARDOUS OR CONTAMINATED MATERIALS......................... 6
1.13 COORDINATION ............................................................................................................................................. 7
1.14 PROJECT SCHEDULING................................................................................................................................. 8
1.15 PROTECTION OF EXISTING IMPROVEMENTS.......................................................................................... 8
1.16 TRAFFIC HANDLING, PUBLIC SAFETY AND CONVENIENCE............................................................... 9
1.17 USE OF SLIP-FORM MACHINES FOR CONCRETE CONSTRUCTION................................................... 13
1.18 TRAFFIC CONTROL AND HANDLING FOR CONSTRUCTION STAKING............................................ 13
1.19 PUBLIC NOTIFICATION............................................................................................................................... 13
1.20 REMOVAL OF ON-STREET PARKING....................................................................................................... 13
1.21 EQUIPMENT LIST AND DRAWINGS SUBMITTALS................................................................................ 14
1.22 PROOF OF COMPLIANCE WITH CONTRACT........................................................................................... 15
1.23 RECORD DRAWINGS ................................................................................................................................... 15
1.24 BACKFILLING OF VOIDS ............................................................................................................................ 15
1.25 PAVEMENT CUTTING AND RESTORATION............................................................................................ 15
1.26 PROTECTION OF TREES.............................................................................................................................. 16
1.27 TREE TRIMMING .......................................................................................................................................... 18
1.28 STOP WORK IF CULTURAL RESOURCES ARE DISCOVERED.............................................................. 20
1.29 HEALTH AND SAFETY ................................................................................................................................ 20
1.30 PERMITS AND STAGING AREA ................................................................................................................. 20
1.31 EROSION AND SEDIMENT CONTROL ...................................................................................................... 21
1.32 CONTROL OF MATERIALS TESTING........................................................................................................ 21
1.33 QUALITY CONTROL .................................................................................................................................... 22
1.34 CONTRACTOR’S SAFETY PROGRAM....................................................................................................... 24
1.35 INSPECTION................................................................................................................................................... 24
1.36 NOVEL CORONAVIRUS (COVID-19) SAFETY REQUIREMENTS.......................................................... 24
1.37 ENCROACHMENT PERMIT ......................................................................................................................... 26 SECTION NO. 2 - ITEMS OF THE BID PROPOSAL............................................................................................................. 28 ITEM NO. 1 - MOBILIZATION....................................................................................................................................... 28 ITEM NO. 2 - WATER POLLUTION CONTROL PLAN (WPCP) ................................................................................. 28 ITEM NO. 3 - REMOVE CONCRETE ............................................................................................................................. 28 ITEM NO. 4 - REMOVE SIGN......................................................................................................................................... 29 ITEM NO. 5 - REMOVE SIGN PANEL ........................................................................................................................... 29 ITEM NO. 6 - RELOCATE SIGN..................................................................................................................................... 29 ITEM NO. 7 - RELOCATE SIGN PANEL ....................................................................................................................... 30 ITEM NO. 8 - ADJUST UTILITY COVER TO GRADE ................................................................................................. 30 ITEM NO. 9 - THERMOPLASTIC TRAFFIC STRIPING DETAIL AND PAVEMENT MARKINGS TO REMOVE.. 30 ITEM NO. 10 - ROADWAY EXCAVATION AND GRADING...................................................................................... 31 ITEM NO. 11 - IMPORT BORROW................................................................................................................................. 33 ITEM NO. 12 - AGGREGATE BASE (CLASS 2)............................................................................................................ 34 ITEM NO. 13 - HOT MIX ASPHALT (TYPE A)............................................................................................................. 35 ITEM NO. 14 - MODIFIED ASPHALT BINDER CHIP SEAL TO PLACE ................................................................... 35 ITEM NO. 15 - MICROSURFACING (TYPE II) TO PLACE.......................................................................................... 48 ITEM NO. 16 - CONCRETE PAVEMENT ...................................................................................................................... 56 2 ITEM NO. 17 - BASE REPAIR......................................................................................................................................... 56 ITEM NO. 18 - CURB AND GUTTER TYPE 2 ............................................................................................................... 58 ITEM NO. 19 - CURB AND GUTTER TYPE 2 MODIFIED........................................................................................... 58 ITEM NO. 20 - SIDEWALK ............................................................................................................................................. 59 ITEM NO. 21 - CURB RAMP........................................................................................................................................... 59 ITEM NO. 22 - DETECTABLE WARNING SURFACE.................................................................................................. 59 ITEM NO. 23 - DRIVEWAY ............................................................................................................................................ 60 ITEM NO. 24 - STAMPED CONCRETE.......................................................................................................................... 60 ITEM NO. 25 - RESET MODULAR CURB WITH DELINEATORS.............................................................................. 64 ITEM NO. 26 - ROADSIDE SIGN-ONE POST................................................................................................................ 64 ITEM NO. 27 - ROADSIDE SIGN-STRAP AND SADDLE BRACKET METHOD....................................................... 65 ITEM NO. 28 - INSTALL ROADSIDE SIGN PANEL ON EXISTING POST................................................................ 65 ITEM NO. 29 - RAISED REFLECTIVE PAVEMENT MARKERS TO PLACE (BLUE)............................................... 65 ITEM NO. 30 - THERMOPLASTIC TRAFFIC STRIPE DETAIL AND PAVEMENT MARKINGS TO PLACE......... 66 ITEM NO. 31 - BIKE LANE EXTENSION PAVEMENT MARKING (GREEN)........................................................... 67 ITEM NO. 32 - PAINT CURB (2-COAT)......................................................................................................................... 69 ITEM NO. 33 - RECTANGULAR RAPID-FLASHING BEACON ................................................................................. 69 SECTION NO. 3 - ELECTRICAL PROVISIONS WHICH APPLY TO ALL ELECTRICAL ITEMS .............................. 70
11.1 Conduit Material .............................................................................................................................................. 71
11.2 Conduit Installation .......................................................................................................................................... 72
11.3 Conductors ....................................................................................................................................................... 74
11.4 Inspection 74
11.5 Mastarm Streetlight .......................................................................................................................................... 74
11.6 Metered Electrical Service For Traffic Signals ................................................................................................ 75
11.7 Pull Boxes ........................................................................................................................................................ 77
11.8 Rectangular Rapid Flashing Beacon System.................................................................................................... 79
11.9 Traffic Signals and Fittings.............................................................................................................................. 79
11.10 Wiring………………………………………………………………………………………………………….81 APPENDIX A................................................................................................................................................................................ 82 3 SPECIAL PROVISIONS FOR
34TH STREET REHABILITATION PROJECT
BETWEEN 5
TH AVENUE AND TRUCKEE WAY
(PN: R15210024)
SECTION NO. 1 - GENERAL REQUIREMENTS
1.1 SCOPE AND LOCATION OF WORK
The following items of work are to be performed in these Special Provisions:
The pavement rehabilitation and pedestrian improvements of 34th Street from 5 th Avenue to
Truckee Way.
• Sidewalk and Curb Ramp Construction
• Pavement Rehabilitation
• Install pavement markings and roadside signs
• Coordination with various entities include Sac Regional Transit, SMUD, and the Department of Utilities
• Rectangular Rapid Flashing Beacons
1.2 SPECIFICATIONS
The work to be performed under this contract shall be in accordance with the Special Provisions contained herein. In these Special Provisions, reference is made to the City Standard Specifications of the City of Sacramento, adopted November 2020, referred to herein as “City Standard Specifications” and any amendments, and the State of California Department of Transportation 2018 Standard Specifications, including all subsequent updates and addendums, referred to herein as “State Standard Specifications”. The General Requirements of this contract shall be governed by the Special Provisions and Section 1 through Section 8 of the City Standard Specifications.
Other standards or specifications specified in these Special Provisions govern only the applicable technical specifications unless otherwise specified in the Special Provisions.
1.3 ORDER OF WORK
Upon City issuing the Notice to Proceed (NTP) with the construction, the Contractor is expected to perform the following tasks:
• Submit Water Pollution Control Plan (WPCP) for City Approval • Submit construction schedule for City approval
• Provide material submittals for City approval
• Submit Traffic Control Plans
As a first order of work, the Contractor shall order the electrical equipment and any other items with long lead times for procuring materials. The Engineer shall be furnished a statement from the vendors that the orders for the materials have been received by the vendors. 4 Contractor shall complete all work in the roadway including sidewalk and curb ramp construction, base repair, and conduit installation prior to the placement of the cape seal.
Working days will be suspended in the event of work being substantially complete prior to the procurement of other electrical equipment required for the installation of the RRFB. Working days shall commence no more than 15 days after procurement of materials.
1.4 COMPLETION TIME
The time limit for the completion of all items of work is SIXTY (60) working days, commencing on the date set forth in the written Notice to Proceed issued by the City to the Contractor. The Contractor shall pay a sum in the amount of FOUR THOUSAND DOLLARS ($4,000) as liquidated damages, and not as a penalty, for each calendar day delay after the expiration of SIXTY (60) working days.
The engineer will furnish the Contractor a weekly statement showing the number of working days charged to the contract for the preceding week and the number of working days charged to date.
The Contractor will be allowed fifteen (15) calendar days in which to file a written protest setting forth in what respect the Contractor disagrees with the working day statement, otherwise the working day statement of the Engineer shall be deemed to have been accepted by the Contractor as correct.
1.5 PROVING BONDS AND SURETY
The Contractor shall provide signed agreement and surety bonds within ten (10) calendar days after receipt of notice to award by the City and prior to award by the City Council. The Contractor shall be reimbursed for all surety bond costs should the City Council not award a contract.
1.6 PRE-BID INTERPRETATION OF CONTRACT DOCUMENTS
No oral representations or interpretation will be made to any bidder as to the meaning of the contract documents. Requests for interpretation shall be made in writing through PlanetBids at least seven (7) calendar days before the time announced for opening the proposals. Interpretation, where necessary, will be made by the City in the form of an addendum to the contract documents and, when issued, will be sent as promptly as is practicable to all parties to whom the bid documents have been issued. All such addenda shall become part of the contract. Requests for information regarding this procedure or other similar information, shall be directed to Project Manager, James Yorita via PlanetBids.
It shall also be the bidder’s responsibility to call to the attention of the Engineer any missing pages or drawings in the contract documents including the addenda. These items shall be brought to the attention of the Engineer immediately but at least two (2) weeks prior to the bid opening date.
1.7 NO TRUCK HAUL ROUTE ON 28TH STREET SOUTH OF E STREET The Contractor and its subcontractors must not use 28th Street south of E Street as part of any haul route to and from the Bell Marine Co., Inc./ Harbor Sand and Gravel located at 200 28th Street.
Acceptable routes to and from the facility are as follows:
To enter facility:
5 North on 30th Street
West on E Street
North on 28th Street
To exit facility:
South on 28th Street
East on C Street
South on 29th Street
The Contractor shall be assessed an administrative penalty of $500 for each Contractor or subcontractor dump truck that uses 28th Street South of E Street to enter or exit the Bell Marine Co., Inc/Harbor Sand and Gravel.
1.8 CERTIFICATION OF COMPLIANCE
The Contractor shall provide the Engineer with a manufacturer’s “Certificate of Compliance” at the Engineer’s request within two (2) weeks. The Certificate of Compliance shall clearly show that the material, equipment and/or work is in compliance with the tests and specifications set forth in these contract documents.
1.9 GOLD SHOVEL STANDARD PROGRAM
On July 20, 2018, the City of Sacramento became the first municipality in California to become a Gold Shovel Certified Community. As such, the City of Sacramento is highly encouraging its contractors bidding on City projects to become Gold Shovel Certified. The Gold Shovel Standard Certification was developed to ensure that hired contractors adhere to the safest excavation standards. To learn more about the Gold Shovel Standard certification process, please visit the following website: www.goldshovelstandard.org.
1.10 FINAL PAY QUANTITY
Final pay quantity is designated on the sealed bid proposal sheet with a “(F)”. Final pay quantity shall conform to Section 9-1.02C “Final Pay Item Quantities ” of the State Standard Specifications, except that the final pay quantity designation shall be made on the sealed bid proposal rather than the Plans.
1.11 EQUIPMENT TO BE SUPPLIED
All equipment, materials and supplies called for in the specifications shall be new currently manufactured items, unless otherwise specified. All equipment shall be complete and in operation to the satisfaction of the Engineer at the time of acceptance of the work.
All incidental parts which are not shown on the Plans or specified herein and which are necessary to complete the project shall be furnished and installed as though such parts were shown on the Plans or specified herein.
All equipment, materials, or supplies to be considered as an approved equal must be submitted to the City contact listed in Prebid Interpretation of Contract Documents, for approval no less than ten (10) calendar days prior to the bid opening date. If the City finds said equipment, materials, or supplies to be acceptable, an addendum will be issued notifying all bidders by the close of business 6 on Friday before the bid opening date. If there is no addendum accepting an approved equal, bidders shall submit bids based on the original specified equipment, materials, or supplies.
1.12 HANDLING AND REMOVAL OF HAZARDOUS OR CONTAMINATED
MATERIALS
Yellow paint stripes existing within the project area, some of which will be removed as part of the project improvements. These paint stripes are assumed to consist of lead-based paint and the removal/disposal shall be handled as detailed in these Special Provisions.
In the event of hazardous or contaminated materials are encountered at the site for which separate handling or removal provisions have not been made in these Special Provisions, the Contractor shall stop work on that item, contact the Engineer and schedule his operations to work elsewhere on the site if possible. The City will be responsible for handling and removal of hazardous material or may request that the Contractor shall be available, through contract change order, to provide additional services as needed for the completion of the work. Additional services may consist of retaining a subcontractor who possesses as California license for hazardous substance removal and remedial actions.
Hazardous or contaminated materials may only be removed and disposed of from the project site in accordance with the following provisions:
1. All work is to be completed in accordance with the following regulations and requirements:
a. Section 14, “Environmental Stewardship” of the State Standard Specifications. b. Chapter 6.5, Division 20, California Health and Safety Code. c. California Administration Code, Title 22, relating to Handling, Storage, and Treatment of Hazardous Materials. 29 Code of Federal Regulation 1910.120 relating to Hazardous Waste Operation Safety Training.
d. City of Sacramento Building Code and the current edition of the Uniform Building Code.
2. Coordination shall be made with the County of Sacramento Environmental Management Department, Hazardous Materials Division, and the necessary applications shall be filed.
3. All hazardous materials shall be disposed of at an approved disposal site and shall only be hauled by a current California registered hazardous waste hauler using correct manifesting procedures and vehicles displaying a current Certificate of Compliance. The Contractor shall identify by name and address the site where toxic substances shall be disposed of. NO payment for removal and disposal services shall be made without a valid certificate from the approved disposal site that the material was delivered.
None of the aforementioned provisions shall be construed to relieve the Contractor from the Contractor's responsibility for the health and safety of all persons (including employees) and from the protection of property during the performance of the work. This requirement shall be applied continuously and not be limited to normal working hours. 7 1.13 COORDINATION
The Contractor shall coordinate his activities in a manner that will provide the least interference with the City’s operations, other contractors and utility companies working in the area, and agencies exercising jurisdiction over the project area or portions thereof.
At a minimum the Contractor shall coordinate his operations with the following:
1. City Services
City Traffic Signal and Street Lighting Maintenance Shop Contractor shall notify Xavier Covarrubias, via the Resident Engineer, a minimum of five (5) working days before any electrical work begins at (916) 808-3719.
2. Underground Service Alert
Contractor shall contact Underground Service Alert (USA) at 1-800-642-2444, a minimum of three (3) working days prior to any excavation.
3. AT&T
Contractor shall contact Astrid Willard at (916) 484-2388 at least 10 working days before the start of construction
4. Sacramento Municipal Utility District (SMUD)
Contractor shall contact Tony Dias, SMUD, at (916) 732-7074 at least 2 months before service hook-up is required, before service disconnect is required, before pole quadrants for risers need to be marked, before any poles need to be stood by SMUD, or before any overhead line heights need to be measured. Contractor shall be responsible for coordination of relocation of facilities.
5. Regional Transit (RT)
Contractor shall contact the Regional Transit (RT) Dispatcher at (916) 321-2897 at least three (3) working days prior to working near bus stops and notify RT that traffic restrictions will be in effect and that bus stops may be affected.
6. St. Hope High School (Sacramento Charter High School) Contractor shall contact Gregg De Donato at [email protected] at least 10 working days before the start of construction.
The Contractor shall advise the Engineer of the coordination provisions established with the above schools, and shall incorporate all coordination requirements into the project schedule.
No work while students are traveling to and from school, and resurfacing must be able to be walked on during these times. Weekend work may be approved for working around schools.
The Contractor shall be responsible for any garden refuse piles, which are inadvertently placed in the street between the time of City pickup and the Contractor's work. The cost for removing garden refuse piles shall be included in the unit prices bid for the various items of the proposal.
The cost of coordination shall be included in the unit prices bid for the various items of the proposal and no additional compensation will be allowed therefor. 8 1.14 PROJECT SCHEDULING
The Contractor shall submit to the Engineer a practicable progress schedule and a schedule of values at the pre-construction meeting and within 5 days of the Engineer's written request at any other time. The Contractor shall furnish the schedules on a form of his choice. The progress schedule shall show the order in which the Contractor proposes to carry out the work, the dates on which he will start the features of the work and the contemplated dates for completion of the work.
The schedule of values is submitted for use in determining progress payments. The progress schedules submitted shall be consistent in all respects with the time and order of work requirements of the contract.
The Contractor shall submit, review and update a project schedule in accordance with Section 7-2 of the City Standard Specifications. Subsequent to the time that submittal of a progress schedule and a schedule of values is required in accordance with these specifications, no progress payments will be made prior to the submittal of an acceptable project schedule.
In addition to the CPM schedule, the contractor shall supply a three-week look ahead schedule at each weekly project coordination meeting. The three-week look ahead schedule shall detail all work anticipated to occur within the next 15 working days of the project.
The cost of project scheduling shall be included in the unit prices bid for the various items of the proposal and no additional compensation will be allowed therefor.
1.15 PROTECTION OF EXISTING IMPROVEMENTS
The location, alignment, and depth of existing underground utilities as shown on the Plans are taken from public records and no responsibility is assumed for their accuracy.
The Contractor's attention is directed to the provisions of Chapter 3.1 "PROTECTION OF PUBLIC UTILITIES IN PUBLIC CONTRACTS" of the California Government Code concerning protecting existing overhead and underground utilities. In particular, Section 4216 and Section 4217.
Existing improvements, utilities and adjacent property shall be protected from damage resulting from the Contractor's operations. All trees, shrubbery, grass, fences, mail boxes, walls and other improvements including existing pavements, sidewalks, street improvements, sprinkler systems and underground utilities and other improvements not to be removed under this contract shall be protected from damage by the Contractor throughout the construction period.
All painted or other disfiguring markings on the pavement, sidewalk or gutters shall be removed by the Contractor before acceptance of the work.
The Contractor will ensure that utility services to customers in the project are maintained.
The Contractor is responsible for the protection of and for damage to existing overhead and underground utility lines and services encountered during the course of construction. The Contractor shall notify the respective utility owner prior to any interruption of service. 9 The Contractor is expected to "pothole" existing underground utilities a minimum of ten (10) working days in advance at any location where an existing utility may be in conflict with the proposed work.
The cost of relocating existing overhead or underground utilities not specified on Plans to be relocated, but which the Contractor elects to relocate or cut and reconnect for his/her own convenience, shall be borne by the Contractor.
No compensation will be paid to the Contractor for the maintenance and protection of existing utilities and facilities. The cost of such work shall be included in whatever bid item the Contractor deems appropriate.
1.16 TRAFFIC HANDLING, PUBLIC SAFETY AND CONVENIENCE
The Contractor’s attention is directed to Sections 6 and 7 of the City Standard Specifications.
The Contractor shall submit to the Engineer for review and approval a traffic control and detour plan showing traffic control measures for vehicles, pedestrians and bicycles affected by the construction work. Revisions to the plan shall be submitted five (5) days prior to work. A copy of the Traffic Control Plan shall be available on site at all times. For emergency purposes, the responsible person in charge of the work must be reachable by phone 24 hours a day during the progress of the work. A 24-hour phone number shall be indicated on the permit application.
The Contractor shall adhere to guidelines as stated in Section 12.20.030 of Title 12 of the Sacramento City Code pertaining to Traffic Control Plan – Requirements, and shall conform to the current edition of the California MUTCD. Particular attention is directed to Chapter 6D – Pedestrian and Worker Safety and Chapter 6F – Temporary Traffic Control Zone Devices, Section 6F.68 – Detectable Edging for Pedestrians.
At the end of each working day if a difference in excess of 0.2 foot exists between the elevation of the existing pavement and the elevation of any excavation within 8 feet of the traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way.
During excavation operations, native material may be used for this purpose, however, once the 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 or flatter to the bottom of the excavation. Full compensation for placing the material on a 4:1 slope, regardless of the number of times it 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 material 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.
Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at his expense.
Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.
Roadway excavation and the construction of embankments shall be conducted in such a manner as to provide a relatively smooth and even surface satisfactory for use by public traffic at all times. 10 Skid resistance steel plates or other approved methods shall be used to cover all open excavations in the roadways and sidewalks at all times during construction.
The submitted traffic control and detour plans shall cover all proposed phases of work. Each plan shall be submitted to the Engineer for review and approval. The Contractor shall make all requested modifications to these plans and no work affected by these plans shall begin until the plans have been approved.
The Contractor shall not block the movement of pedestrian or bicycle traffic unless as part of an Engineer approved closure. The Contractor shall provide for pedestrian and bicycle traffic by phasing construction operations or by providing alternative pedestrian and bicyclist access through or adjacent to construction areas.
Proper advance notice signage with reasonable detours shall be installed and maintained through all phases of construction. At no time shall pedestrians be diverted into a portion of the street used for vehicular traffic or on to private property unless adequate lane closure signage is in place.
Minimum allowable pedestrian and bicycle access shall consist of four-foot (4’) wide bridges across trenches and four-foot (4’) wide passageways through construction areas. Hand railings for pedestrians shall be provided when required by Cal/OSHA Regulations or the Americans with Disabilities Act (ADA) on each side of each bridge or passageway to protect pedestrians from hazards caused by construction operations or adjacent vehicular traffic. Railings or barricades, which border passageways located in roadway areas, shall be reflectorized on the side facing oncoming traffic.
The traffic control and detour plans shall be developed with the following requirements:
1. No work will be allowed if the Contractor does not adhere to these traffic control guidelines.
2. Working hours shall be between 8:30 AM and 4:00 PM Monday through Friday, unless otherwise approved by the Engineer. Outside of the working hours, public traffic must have access to the number of lanes normally available on all streets unless otherwise approved.
3. No work between Truckee Way and 1st shall be allowed within a 1/2 hour of the first bell and last bell for the St. Hope High School.
4. Weekend work between from 7:00 AM to 5:30 PM may be approved by the Engineer. The Contractor shall submit for approval, a written request to perform weekend work a minimum of two (2) weeks prior to the weekend dates. If weekend work is approved, the cost of inspection shall be borne by the City.
5. At least one lane of vehicular traffic must be maintained in each direction at all times unless otherwise approved by the Engineer. Local access to businesses shall be provided at all times.
6. Ten calendar days (10) prior to roadway or lane closures on City streets, changeable message signs shall be placed where designated by the Engineer. Changeable message 11 signs in City right of way shall be considered part of this item and no additional compensation will be allowed therefor. The message on the changeable message sign shall be approved in writing by the Engineer two days prior to installment on the roadway.
7. The Contractor shall furnish, install temporary stripes and maintain temporary construction warning signs, lighting, flaggers, barricades, striping and other devices necessary to safeguard the general public and the work, and to provide for the safe and proper routing of all vehicular and of pedestrian traffic within and through the limits of the projects during the construction. The requirement shall apply continuously and shall not be limited to normal working hours.
8. The Contractor shall maintain existing electrical facilities and traffic and public safety in accordance with Section 34 of the City Standard Specifications and these Special Provisions.
9. Residential driveways may only be closed after giving property owners 24 hour notice in advance of the closure. Driveways may only be closed during normal work periods and while the contractor is actively pursuing work which requires the driveway to be closed, except when forms are in place, or while concrete is being cured.
10. Commercial driveways shall remain open at all times. The Contractor shall schedule the commercial driveways to be poured in two phases unless more than one driveway is available to the property. The Contractor shall coordinate the driveway closure with property owners’ 5 calendar days in advance.
11. Pedestrian access with ADA compliant path of travel must be provided and maintained.
No work will be allowed if Pedestrian access with ADA compliant path of travel is not provided and maintained.
12. All work within public streets and/or roadway right-of-way shall be done in an expeditious manner so as to cause as little inconvenience to the traveling public as possible. Skidresistant steel plates or other approved methods shall be used to cover all open excavations in the roadway during non-working hours.
Placement and removal of the temporary pavement markers required in each stage of construction, shall be considered part of this item an no additional compensation will be allowed therefore.
Temporary pavement markers shall be furnished and placed, maintained, and later removed as as directed by the Engineer.
The following markers are approved for use on City of Sacramento street resurfacing projects:
Temporary Overlay marker (Types Y and W) manufactured by Davidson Plastics Company, 18726 East Valley Highway, Kent, Washington 98032, telephone (206) 251 8140.
Safe-Hit Temporary Pavement Marker, manufactured by Safe-Hit Corporation, 1930 West Winton Avenue, Building #11, Hayward, CA 95545, telephone (415) 783 6550. 12 Swareflex Pavement Marker (Models 3553, 3554, Cat Eyes Nos. 3002 and 3004), manufactured by Swareco and distributed by Servtech Plastics Inc., 1711 South California Street, Monrovia, CA 91016, telephone (818) 359 9248.
Stimsonite Construction Zone Marker (Model 66), manufactured by Amerace Corporation, Signal Products Division, 7542 North Natchez Avenue, Niles, IL 60648, telephone (312) 647 7717.
Flex-O-Lite Raised Construction Marker (RCM), manufactured by Flex-O-Lite, Lukens Company, P.O. Box 4366, St. Louis, MO 63123 0166, telephone (800) 325 9525. 3M Scotch-Lane A200 Pavement Marking System (reflective raised pavement marker on reflective traffic line tape), manufactured by 3M Company, Highway Safety Products, 1010 Hurley Way, Suite 300, Sacramento, CA 95825, telephone (916) 924 9605.
MV Plastics Chip Seal Marker (1280/1281 Series with Reflexite Polycarbonate, PC 1000, reflector unit), manufactured by MV Plastics, Inc., 533 W. Collines Avenue, Orange, CA 92667, telephone (714) 532-1522.
Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used.
At the direction of the Engineer, Temporary pavement striping may be required.
After paving and or planing, temporary pavement markers shall be placed on all existing striped streets that are opened to public traffic prior to final striping in accordance with the striping diagrams. Temporary pavement markers that are damaged from any cause during the progress of the work shall be repaired or replaced by the Contractor at his expense.
When no longer required for the work as determined by the Engineer, temporary pavement markers shall be removed in accordance with the provisions in Section 15-2, "Miscellaneous Highway Facilities," of the State Standard Specifications, except as otherwise provided herein. If the temporary pavement markers to be removed are on surfacing that is to be removed, the temporary pavement markers may be removed and disposed of in conjunction with the removal of the surfacing, providing such pavement markers do not interfere with the required traffic lane delineation, as determined by the Engineer.
The 14-day waiting period for placing pavement markers on new asphalt concrete surfacing shall not apply to temporary pavement markers.
Relocation of roadway signs from their current location to a temporary location needed for stage construction and all sign relocations needs during construction including temporary barricades shall be considered part of this item and no additional compensation will be awarded therefor.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in traffic handling, public safety and convenience shall be considered as 13 included in the prices paid for various contract items of work and no additional compensation will be allowed.
1.17 USE OF SLIP-FORM MACHINES FOR CONCRETE CONSTRUCTION The Contractor may use concrete slip form machines to construct concrete curbs, gutters and sidewalks. The Contractor must maintain proposed lines and grades as shown on the plans. For curbs constructed on existing pavements, the Contractor must construct the curb to eliminate any uneven lines and top of curb grade elevations. If in the sole discretion of the Engineer, these lines and grades are not maintained, the Contractor shall remove and replace the concrete at his/her costs.
If concrete curb, or curb and gutter, which is abutting concrete sidewalk, is poured separately (nonmonolithically) then the Contractor shall construct a dowelled connection between the curb and sidewalk.
1.18 TRAFFIC CONTROL AND HANDLING FOR CONSTRUCTION STAKING The Contractor is responsible for providing traffic control (at the request of the City survey crew) to place the Contractor’s construction stakes within vehicle travel lanes of heavy volume streets and highways. Heavy volume streets are typically major and minor collectors and arterial streets; and are not alleys, local residential, local commercial, or local industrial streets. The cost to provide traffic control for construction staking in the vehicle travel lanes shall be included in the bid items the Contractor deems appropriate.
1.19 PUBLIC NOTIFICATION
The Contractor shall notify residents and businesses within the project limits in writing ten (10) working days in advance of beginning work. The notice shall be approved by the Engineer and shall describe the work to be performed, the anticipated duration of construction and the name and telephone number of the Contractor's representative that can be reached 24 hours a day, 7 days a week.
The Contractor shall be responsible for issuing a second notice to property owners five (5) working days in advance of commencing any work on private property. The Contractor shall include in the public notification flyers/postcards detailed procedures explaining precautions the homeowner can take to help prevent plugged utility service fixture problems. The Contractor shall submit to the Engineer for review and approval public notification flyers/postcards before they are issued to the public.
Full compensation for this item shall be included in the prices paid for various contract items of work and no additional compensation will be allowed.
1.20 REMOVAL OF ON-STREET PARKING
In Metered Parking Areas:
Seventy-two (72) hours prior to construction, the Contractor shall place signs adjacent to every third parking stall stating, "NO PARKING - (specific times and dates) - Tow Away" or "NO PARKING - (specific times and dates) - This Block". Contractor shall also contact the City Parking Division prior to placing barricades.
14 Signs shall be placed before 1:00 PM on the day selected to allow sufficient time for City inspection.
The Contractor shall request the City Parking Division to cover each parking meter, prior to construction, with a "NO PARKING" sign and the signs previously placed adjacent to every third stall shall be mounted on a barricade and moved into the parking stall at the Contractors expense.
If the Contractor needs less than the entire block, every stall removed shall be barricaded in conjunction with the covering of parking meters.
Where parking removal is necessary, at metered parking stalls, the Contractor shall coordinate with the City Parking Division three (3) days in advance and shall be responsible for the payment of parking removal fees (City Code Section 25.122-1). It is recommended that the Contractor consult with the City Parking Division (phone 916-808-5874) prior to submission of his bid to obtain an estimate of the fees for this project. Note: Typical fees are $29 to bag the first meter and $5 each additional meter. Daily meter fees are typically $2.25 each day Monday through Saturday.
In Non-Metered Parking Areas:
Seventy-two (72) hours prior to construction (except Monday work, barricades shall be placed on the prior Thursday), the Contractor shall place signed Type II barricades stating "NO PARKING - (specific times and dates) - Tow Away" or "NO PARKING - (specific times and dates) - This Block", at 50 to 60 foot intervals in the work area. The Contractor shall notify the City Parking Division (916-808-5874) prior to placing barricades. No fee is required in Non-metered zones. "NO PARKING" signs shall be approved by the Engineer prior to their use. "NO PARKING" signs and barricades shall be supplied by the Contractor. The Contractor shall notify the Engineer immediately after the "NO PARKING" signs are in place.
Barricades shall be placed before 1:00 PM on the day selected to allow sufficient time for City inspection.
Failure to comply with this section will prevent the City from towing vehicles parked within the proposed work area until the provisions of this section have been met and will require rescheduling of planned work. Additionally, “NO PARKING” signs and barricades shall not be removed prior to removal/towing of vehicles in violation of posted “NO PARKING” signs.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in removal of on-street parking shall be considered as included in the prices paid for various contract items of work and no additional compensation will be allowed.
1.21 EQUIPMENT LIST AND DRAWINGS SUBMITTALS
Equipment list and drawings shall be in accordance with Section 34-3 of the City Standard Specifications and these Special Provisions.
Unless otherwise permitted in writing by the Engineer, the Contractor shall, within twenty (20) days following notification of award of the contract submit to the Engineer for approval a listing 15 of equipment and material which he/she proposes to furnish and install. The list shall be complete as to name of manufacturer, size and catalog number of unit, and shall be supplemented by other data, including detailed scale drawings and wiring drawings. A minimum of five (5) copies of the above data shall be submitted to the Engineer for review and approval.
The Contractor shall submit to the Engineer a statement from each vendor supplying electrical equipment, including but not limited to, signal heads, standards, electroliers, luminaries, service pedestal and all other electrical equipment indicating that the orders for the materials required for this contract have been received and accepted by said vendor. The confirmed date of delivery to the Contractor shall be indicated on the statement.
All substitutions are subject to the approval of the Engineer.
1.22 PROOF OF COMPLIANCE WITH CONTRACT
In order that the Engineer may determine whether the Contractor has complied with the requirements of the contract documents not readily determinable through inspection and tests of plant, equipment, work, or materials, the Contractor shall at any time when requested, at the Contractor's expense, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his compliance with such requirements.
1.23 RECORD DRAWINGS
Contractor shall maintain a neatly and accurately marked set of record drawings showing the final locations and layout of all facilities as-built. Drawings shall be kept current weekly, with all work instructions and Change Orders, accommodations, and construction adjustments. Drawings shall be subject to the inspection by the Engineer at all times, and progress payments, or portions thereof, may be withheld if drawings are not accurate and current. Prior to City’s acceptance of the Work, Contractor shall deliver to the Engineer one (1) set of neatly marked record drawings, accurately showing all the information required above. If the Engineer does not approve the record drawings, Contractor shall revise and resubmit the record drawings as necessary to obtain the Engineer’s approval. If Contractor fails to comply with the requirements of this section, the City may deduct and retain the cost of preparing the record drawings from the Contract.
1.24 BACKFILLING OF VOIDS
All voids resulting from the removal of trees, pipes, maintenance holes, ditch boxes, or other buried structures or objects shown on the Plans or called in these Special Provisions to be removed, shall be backfilled per the provisions of Section 26 (Trench Backfill) of the City Standard Specifications. In the event job excavated native material is unsuitable for backfill as determined by the Engineer, the Contractor shall furnish the required suitable backfill material.
The cost to backfill voids as specified in the Special Provisions shall be included in the price bid for the respective items to remove trees, pipe, maintenance holes, ditch boxes, or other buried structures or objects, and no additional compensation shall be allowed.
1.25 PAVEMENT CUTTING AND RESTORATION
Pavement cutting and restoration shall conform to the provisions of Section 13-4 of the City Standard Specifications and these Special Provisions.
16 No pavement cutting shall precede pavement excavation by more than seven (7) calendar days unless approved by the Engineer. Prior to excavation in paved areas, pavement will be broken within the limits of expected excavation so as to prevent lifting of the pavement during excavation.
Prior to restoration, the pavement shall be sawed or scored with an abrasive-type pavement cutter (maximum blade width 1/4"). The proper tools and equipment shall be used so that the pavement will be cut to a neat and straight line six inches (6") beyond the limits of actual excavation.
Where pavement cutting takes place more than five (5) calendar days before trench excavation, the Contractor shall fill the pavement cuts with asphaltic patching mix and maintain a smooth riding surface until trenching begins.
Where the limits of excavation are located within twelve (12") of the edge of existing pavement or lip of the curb and/or gutter, the existing pavement within this twelve inches (12") shall also be removed.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for all work involved in this item shall be considered as included in the unit price bid for roadway excavation and removing and replacing asphaltic concrete pavement.
1.26 PROTECTION OF TREES
During construction the Contractor shall protect existing trees.
The Contractor shall be required to subcontract with a qualified, certified arborist experienced in tree protection and construction that is required to:
a. Attend the preconstruction meetings to approve of and inform contractors of all tree protection measures.
b. Visit the site before and after demolition, excavation, grading and landscaping as well as at least twice each month during construction to ensure that tree protection measures are implemented and maintained.
c. Be responsible for correcting any site conditions that may negatively impact the trees and revisit the site to ensure that corrective action was properly implemented. d. The project arborist shall report in writing to Urban Forestry all violations and tree protection failures along with corrective action taken and expected outcomes.
The Contractor shall submit to the City, in writing, the name of the I.S.A. certified arborist, a minimum of four (4) working days prior to the start any operations within the vicinity of trees.
All work near the trees shall be coordinated by the Contractor’s arborist. The Contractor shall comply with direction as given by the Arborist in conjunction with the City Arborist and the following City requirements regarding tree protection:
No storage of materials or parking of vehicles may occur within the drip lines of the trees, except on paved streets.
Right-of-way planters and City trees shall be separated from the construction site with a six- foot high chain link fence that shall remain throughout the duration of the project to protect trees and to prevent construction traffic from compacting the soil in the planters. 17 Construction trailers and port-a-potties shall be placed on existing hardscape or bridged over the tree protection zone or planter so as not to compact soil.
All excavation, grading or trenching within the dripline of a protected tree for the purpose of utility installation, constructing foundations, footings, sidewalks, curbs, gutters, or any other reason shall employ one of the following methods: Hydro-excavation, pneumatic excavation or hand digging and shall be directly supervised by a qualified arborist.
There shall be no excavation deeper than the existing excavation for sidewalks within the dripline of protected trees.
There shall be no grade changes within the dripline of protected trees. All grade changes shall be accommodated onsite.
There shall be no soil compaction within the dripline of protected trees.
There shall be no non-native soil, non-organic matter or structural soil added to the right-of-way planter.
The following is a list of activities that require a tree permit if they are to occur or be used within the right-of-way planter and/or within the tree protection zone of protected trees: any regulated work as defined in SCC 12.56, excavation, grade changes, trenches, root or canopy pruning or boring.
The following is a list of activities that are prohibited within the right-of-way planter and/or tree protection zone of protected trees: pedestrian and equipment traffic that could compact the soil or physically damage roots, parking vehicles, equipment and/or port-a-potties, storing of soil, construction materials, petroleum products, water or building refuse, disposing of wash water, paint, cement, fuel or other potentially damaging liquids and any other activities that may have negative impacts on the trees and soil.
All trees shall be watered regularly according to the recommendation of the project arborist.
The applicant shall be financially responsible for any damage to the city trees associated with the project. Accidental or negligent actions that damage city trees may result in a penalty. The monetary value of any such damages will be appraised by the City Urban Forester or his authorized representative and shall be expressed as the monetary equivalent of all labor and materials required to bring the tree in question to a state of comparable utility with regards to its condition and function prior to the beginning of the project.
If, during construction, tree roots two inches (2") in diameter or greater are encountered, work shall stop immediately and the Arborist shall be contacted for a root inspection, and roots shall not be cut without arborist approval. Roots approved by the arborist to be pruned during the course of project construction shall be cleanly cut. If extensive root pruning is proposed, an arborist inspection will determine if tree removal is necessary. 18 If construction activities will affect any of the limbs of the trees, a certified arborist (certified by International Society of Arboriculture, Western Chapter) shall be consulted prior to the cutting or removal of any limb. Limbs approved by the arborist to be pruned during the course of project construction shall be cleanly cut.
The Contractor shall be responsible for damages to trees. Trees damaged by the Contractor during construction activities shall be assessed by the City Arborist using the International Society of Arborists (ISA) appraisal guide or UFS standard diameter and area indexing. The Contractor's responsibility for damaged trees will be determined by the Arborist.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in this section shall be considered as included in the prices paid for various contract items of work and no additional compensation will be allowed.
1.27 TREE TRIMMING
Trees identified by the Engineer to be trimmed shall be trimmed in accordance with the following specifications and as directed by the Engineer or project Arborist in conjunction with the City Arborist:
General Conditions - This work is to be performed by a Tree Service Contractor, licensed and bonded to do business in the City of Sacramento. The work to be done will consist not only of this trimming and removal of branches and limbs but also disposal of material trimmed from these trees. Disposal of material will not be allowed at the City Dump.
The Contractor shall be aware of and shall comply with all ordinances governing and related to tree trimming work. The Contractor shall furnish all labor, materials and equipment as required in performing the work described herein in strict accordance with these specifications and subject to the terms and conditions of this contract.
Description of Work - The work shall be done primarily from truck mounted aerial platforms except where trees are inaccessible to trucks. All hand and power tools in the performance of this work shall be subject to inspection and approval of the Manager of the Urban Forest Services division or his designated representative who shall serve as the inspector for the City.
In general, the standard tree trimming equipment shall be used and shall be maintained in a satisfactory condition at all times. All tools shall be clean, sharp, in proper working order and shall be checked for safety before each job.
Inspection/Permit - The Contractor shall notify the Engineer prior to 8:00 a.m. on each day the Contractor will be trimming trees.
The Contractor shall notify, 3 working days prior to tree trimming, the City Arborist, at [email protected] and obtain, for this project, a permit for tree trimming within the City.
Special Conditions - All licenses, insurance, etc., necessary to assume the legal responsibility for said work shall be acquired by the Contractor to cover the liabilities which might be caused by said work.
19 All workmen shall comply with State Compensation Safety Rules and must wear safety equipment at all times while on the job. Adequate warning devices, barricades, guards, cones, etc., shall be placed and necessary precautions shall be taken by the Contractor to provide protection for the workers, pedestrians and vehicular traffic in the area. Work shall be scheduled and conducted in a cooperative manner in order to give the least possible interference with or annoyance to others. It shall be the responsibility of the Contractor to work out any cooperative work schedules as necessary.
All tree work requiring climbing of trees shall be suspended during inclement weather. No trimmings or debris shall be left overnight on any of the work sites. Upon completion of a specific area, the site shall be left in a clean and orderly condition. It shall be the responsibility of the Contractor to repair any damages to adjacent property including shrubs, trees or other growth as well as structures along the route.
To prevent the spread of Dutch elm disease, tree trimming tools shall be sprayed with Lysol before any tree trimming and after each tree has been trimmed.
Personnel - All work shall be done by qualified and trained persons. They shall be familiar with tree climbing and trimming work in general and trained to work in trees of any size. A qualified foreman shall be provided to oversee and direct the work of each crew.
Correct Cuts - All work shall be done in a professional and workmanlike manner. All cuts shall be made in accordance with the following sections in these Special Provisions, and as directed by the Engineer. Trees shall be trimmed at locations where there are tree conflicts and as directed by the Engineer or project Arborist in conjunction with the City Arborist. All portions of a tree removed in the pruning operations, whether small or large in diameter, shall be made just outside the branch bark ridge, parallel to and immediately adjacent to the tree limb from which the part is removed.
Tree trimming shall include the removal of any limbs or brush from limbs in order to achieve a clear space of at least six foot (6') radial distance from each luminaire. The results of the tree trimming shall produce an unobstructed cone of light that will illuminate a semicircle on the street at street level. The semicircle shall have a radius of forty feet (40') minimum on the street from the electrolier base. The unobstructed cone of light shall also illuminate an area at sidewalk level on the house side of the electrolier. This illuminated area shall extend fifteen feet (15') minimum from the base of the electrolier.
Any dead wood and broken limbs encountered in the pruning operations shall be removed. Dead wood shall be defined as any portion of the tree having no living foliage, no live buds or no apparent life in the cambium layer. Dead limbs larger than three-fourths of one inch (3/4") in diameter shall be removed by sawing. Broken limbs shall be removed except where branches have split and one portion of the branch can be saved by pruning to reduce lateral end weight.
Twigs, small limbs and sucker growth shall be removed with hand pruners, pole pruners or a fine toothed saw. All portions of a tree removed in the pruning operations, whether small or large in diameter, shall be made just outside the branch bark ridge, parallel to and immediately adjacent to the tree limb from which the part is removed.
20 Shrubs shall be pruned as directed by the Engineer and shall conform to current ISA specifications.
Full compensation for conforming to these requirements will be considered as included in the prices paid for various contract items of work and no additional compensation will be allowed therefor.
1.28 STOP WORK IF CULTURAL RESOURCES ARE DISCOVERED
If artifacts or stone, bone, or shell are uncovered during construction activities, the Contractor shall stop work within 100 feet of the find and notify the City, who will consult with a qualified archaeologist for an on-the-spot evaluation. Additional mitigation of the archaeological site will be the responsibility of the City. If bone is found and it appears to be human, the City will notify the Sacramento County coroner and the Native American Heritage Commission (916-322-7791).
1.29 HEALTH AND SAFETY
The Contractor is warned that existing sewers and appurtenances have been exposed to sewage and industrial wastes. These facilities shall therefore be considered contaminated with diseasecausing organisms. Personnel in contact with contaminated facilities, debris, wastewater, or similar items shall be advised by the Contractor of the necessary precautions that must be taken to avoid becoming diseased. It is the Contractor’s responsibility to urge his personnel to observe a strict regime of proper hygienic precautions, including any inoculations recommended by the local public health officer.
Because of the danger of solvents, gasoline, and other hazardous material in the existing sewers, these areas shall be considered hazardous to open flame, sparks, or unventilated occupancy. The Contractor shall be aware of these dangers and shall take the necessary measures to assure his personnel observe proper safety precautions when working in these areas.
The Contractor shall not allow any wastewater to discharge from sewage collection systems onto adjacent lands of waters. In case of accidental discharge, the Contractor shall be responsible for containment, immediate cleanup and disposal at his own expense to the full satisfaction of the Engineer. Where containment is not possible, adequate disinfection shall be provided by the Contractor at his expense as directed by the Engineer or agency with jurisdiction. If, in the opinion of the Engineer, the Contractor fails to adequately follow the above guidelines, he will make arrangements to have the work done by others, and have the cost charged to the Contractor.
1.30 PERMITS AND STAGING AREA
If the Contractor decides he/she needs additional working easement areas, work sites or material sites to facilitate his operation, it shall be his sole responsibility to locate, negotiate, obtain and pay for such additional working easements, work sites and material sites.
The Contractor shall submit to the Engineer written authorization from the property owner of private property being used for the storage of equipment or materials. A copy of any written agreements entered into between the Contractor and the property owner concerning encroachment onto private property shall be provided to the Engineer prior to beginning any work on the property.
21 Prior to work within the City-owned property, a right of entry must be obtained through the City of Sacramento Real Estate division. Submit a written application for right of entry a minimum of 2 weeks prior to required entry.
An application for the right of entry must detail the full legal name of the company, the company’s main point-of-contact, the name of the person(s) responsible for signing the right of entry including his or her title, dates and durations of requested entry, activities requiring entry, proposed work hours, a description of any materials and equipment to be stockpiled and areas where stockpiles will be kept depicted on a detailed aerial exhibit, fueling or maintenance operations planned, and any other potentially hazardous materials that may be located on site, as well as any other pertinent information related to the project that should be disclosed.
All areas lying outside of the street right-of-way which are affected by the work shall be restored to the same, or better condition existing prior to the commencement of the work, to the satisfaction of the Engineer.
The cost of necessary permits and all restoration, including but not limited to landscaping improvements, shall be included in the various items of work the Contractor deems appropriate, and no separate or additional compensation shall be made.
1.31 EROSION AND SEDIMENT CONTROL
Erosion and Sediment Control shall be in accordance with Section 16 of the City Standard Specifications.
The costs associated with compliance with this section including, but not limited to, all water quality, erosion, sediment and pollution control measures deemed necessary by the Engineer shall be included in the contract price bid “Water Pollution Control Plan” and no additional compensation shall be made.
1.32 CONTROL OF MATERIALS TESTING
Comply with the provisions “Quality Control” of these Special Provisions.
Contractor’s attention is directed to Sections 5-22 thru 5-24 of the City Standard Specifications.
City will retain an independent testing firm to perform initial soil/aggregate/asphalt compaction tests; cast- in-place concrete slump and strength tests; grout strength tests; and any other additional test required by the City. Contractor shall perform all other required testing and submit written test results to the Engineer.
In addition to the requirements of Section 5 of the City Standard Specifications and Section 6-3.01 of the State Standard Specifications the Contractor shall follow material testing for this project will be provided by the Contractor as set forth in Section 6 of the State Standard Specifications and the most current City of Sacramento Quality Assurance Program. The Contractor shall perform all testing to verify compliance with the City and State Specifications of any and all materials furnished by the Contractor. The Contractor shall submit and receive the Engineer’s approval of all compliance test results prior to incorporating materials into the project.
Engineer shall be given two (2) working days-notice prior to each test performed by Contractor. 22 Any system material or workmanship found defective on the basis of acceptance tests shall be reported to the Engineer. Contractor shall replace the defective material or equipment and have testing repeated without additional cost to the City, until test results are satisfactory to the Engineer. The City will only pay for initial testing services for concrete strength and slump, soil compaction, and grout strength.
When initial tests indicate non-compliance with the Contract Documents, the costs of any additional tests required for determining compliance will be deducted by the City from the Contract Sum due the Contractor.
1.33 QUALITY CONTROL
Specific quality control requirements for the Work are indicated throughout the Contract Documents. The requirements of this Section are primarily related to performance of the Work beyond furnishing of manufactured products. The term "Quality Control" includes inspection, sampling and testing, and associated requirements.
Quality Control: All those planned and specified actions or operations necessary to produce a product or service that will meet requirements for quality as specified. Quality Control is the responsibility of the Contractor. The Contractor will monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality.
Quality Assurance: Those planned and systematic operations conducted to ensure that the operations and/or products incorporated into the project meet the project specifications. Quality Assurance encompasses oversight of the Contractor’s Quality Control; verifying the results of Contractor testing; review of sampler, tester and laboratory qualifications; independent assurance sampling and testing, and inspection for conformance with the plans and specifications. Quality Assurance is the responsibility of the Contractor and Engineer.
Quality Control Program:
Contractor shall develop a detailed written Quality Control (QC) Program for all Work required in the Contract Documents. The Contractor must submit for the Engineer’s acceptance the Contractor’s Quality Control Program (QC Program) for the entire Project before beginning any of the Work other than mobilization tasks to install temporary facilities. Except for mobilization, no other work will begin until the Engineer has accepted the Contractor’s overall QC Program for the project. This QC Program must meet the objectives and requirements as defined herein. The QC Program must be specific to this Project and the Contract Documents.
In addition, the Contractor must submit for the Engineer’s acceptance the Contractor’s individual QC Plans before starting each area or section of the Work and/or new specialty trade to complete any portion of the Work. Work will be permitted to start only after the Engineer reviews and accepts Contractor's individual QC Plan. The individual QC Plans must identify all QC personnel, procedures, inspections, laboratories, Testing equipment calibrations and certifications, tests, inspection/test hold points, instructions, sampling and testing records organized by date and type of material, reports, records, schedules, etc. specific for each area or division of the Work and/or new specialty trade to complete any portion of the Work. 23 Contractor shall appoint a Quality Control Officer who will have the responsibility for the oversight, implementation, and monitoring of the QC Program on this one project. Contractor shall maintain a log of required testing indicating the tests or sampling and test method required, location, frequency and responsibility.
Contractor shall provide written procedures defining methods of construction, control measures, and the performance of inspections and testing for the different types of Work.
Procedures shall detail “Hold Points,” where Work shall not proceed until the required Quality Control functions are performed and documentation shows the Work meets the requirements of the Contract.
Procedures shall detail problem resolution steps and corrective actions in the event the Work does not meet the Contract Specifications.
Procedures shall be provided for all major activities of Work.
Contractor shall maintain evidence of activities affecting quality, including operating logs, records of inspections and tests, audit reports, material analyses, personnel qualification and certification records, procedures, and document review records.
Quality records shall be maintained in a manner that provides for timely retrieval, and traceability.
Quality records shall be protected from deterioration, damage, or destruction.
Within 24 hours, notify the Engineer of any noncompliance identified by your QC program. The Contractor shall provide the City access to all QC records.
Submit QC test data and QC test results within 2 business days of test completion.
Sampling and Testing:
Unless otherwise indicated, all products, materials, and equipment shall be subject to inspection by the Engineer at the place of manufacture as specified in the City Standard Specifications.
The City or an independent firm retained by the City will perform inspections, testing, and other services as required by the Engineer.
a. The Contractor shall cooperate with the Engineer or independent firm and furnish samples of materials, design mix, equipment, tools, storage, and assistance as requested.
b. The Contractor shall notify Engineer three (3) working days prior to the expected time for operations requiring inspection and laboratory testing services. c. Retesting required because of non-conformance to requirements shall be performed by the same independent firm on instructions by the Engineer. The Contractor shall be responsible for all costs including administrative, material testing, design and, engineering activities directly related to such retesting. 24 Installation:
Inspection: The Contractor shall inspect materials or equipment upon the arrival on the job site and immediately prior to installation and reject damaged and defective items.
Measurements: The Contractor shall verify measurements and dimensions of the Work, as an integral step of starting each installation.
Manufacturer's Instructions: Where installations include manufactured products, the Contractor shall comply with manufacturer's applicable instructions and recommendations for installation, to whatever extent these are more explicit or more stringent than applicable requirements indicated in Contract Documents.
a. When manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding.
1.34 CONTRACTOR’S SAFETY PROGRAM
The Contractor shall provide a written Injury and Illness Prevention (IIP) Program that meets CalOSHA requirements. IIP Program shall be customized to prevent workplace injuries and illnesses specific to the work on this contract. Written copy of the IIP Program shall be maintained at the job site. As a minimum the IIP Program shall contain the following elements; responsibility, compliance, communication, hazard assessment, accident/exposure investigation, hazard correction, training & instruction, and recordkeeping. Refer to “Cal/OSHA Pocket Guide for the Construction Industry” dated June 2015 and website: http://www.dir.ca.gov/dosh/puborder.asp for further information.
1.35 INSPECTION
In addition to Section 5-20 Inspection of the City Standard Specifications, the following shall apply:
All work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer, along with all affected utility companies, two (2) working days in advance of the start of work to coordinate and schedule inspection staff.
The City will provide inspection cost Monday - Friday (7:00 AM to 5:00 PM) basis only excluding designated City, State, or Federal holidays. If night work (7:00 PM to 5:00 AM) is required, the City will also provide inspection costs for Night work starting Sunday night through Friday morning. The Contractor shall reimburse the City in the amount of $175.00 per hour for the actual cost of all inspection cost for work requested outside of the contract working hours, Saturday and Sunday work, or inspection performed during designated City, State, or Federal holidays.
Designated City holidays are listed in the City of Sacramento Standard Specifications.
1.36 NOVEL CORONAVIRUS (COVID-19) SAFETY REQUIREMENTS
GENERAL
This section includes COVID-19 safety requirements to address the COVID-19 epidemic, including without limitation any requirements imposed by federal, state, and local guidelines and orders or those necessary for performance of work safely. 25 2These COVID-19 safety requirements are not all encompassing and may need to be modified by the Contractor for individual construction tasks and updated as the COVID-19 epidemic evolves.
The Contractor and all its sub-tier level subcontractors and suppliers shall account in their Bid and sub-bids for all cost impacts whether affecting labor (including, but not limited to obtaining qualified workers, quantity of workers, as well as their productivity), deliveries, supervision, testing and/or procurement of materials and/or equipment and time caused by any COVID-19 safety requirements, including without limitation those found in this Section and also all public health and governmental directives in place at the time Bids are received by the City for this Project.
COVID-19 EXPOSURE PREVENTION, PREPAREDNESS, AND RESPONSE PLAN The Contractor shall prepare a COVID-19 Exposure Prevention, Preparedness and Response Plan (a “COVID-19 Plan”) specific to this Project that describes how to prevent worker exposure to coronavirus; protective measures to be taken on the jobsite; personal protective equipment and work practice controls to be used; cleaning and disinfecting procedures; and procedures to follow if a worker shows symptoms of COVID-19 illness or tests positive for COVID-19. In addition to any governmental or other guidance available at the time of Bid submission, the Contractor should review OSHA COVID-19 Workplace Safety Guidance documentation, such as:
https://www.osha.gov/Publications/OSHA3990.pdf, as a resource in preparation of its COVID-19 Plan. Other reliable and current sources of COVID-19 information can be found from:
The California Department of Public Health (CDPH, State), including without limitation, guidance such as:
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/nCOV2019.aspx The federal Centers for Disease Control and Prevention (CDC, National), including without limitation, guidance such as:
http://www.cdc.gov/coronavirus/novel-coronavirus-2019.html The Sacramento County Public Health Department, including without limitation, guidance found here: https://www.saccounty.net/COVID-19/Pages/default.aspx The Contractor’s COVID-19 Plan shall at a minimum address the following COVID-19 safety guidelines:
1. COVID-19 Employee and Visitor training and check-list before entering worksite.
2. Employee distancing and strategies to maximize distancing when possible.
3. Limitations on gathering size.
4. Personal Protective Equipment (PPE) requirements.
5. Identification of “choke points” and “high risk areas” such as hallways, hoists and elevators, break areas and vehicles.
26 6. Staggering trades and modification of work schedules to reduce worker density to maximize distancing opportunities.
7. COVID-19 employee good personal hygiene measures.
8. Disinfection and cleaning requirements.
9. Personal prevention actions requirements for all employees.
10. Toolbox and Tailgate COVID-19 employee training.
11. Recognition of COVID-19 Symptoms.
12. Procedures for COVID-19 exposure and notification to others who were at the Site.
13. Daily screening protocols for arriving workers and visitors to ensure potentially infected workers and visitors do not enter the Site.
14. Maintenance of daily attendance logs of all workers and visitors who enter the Site.
Also, as part of this Plan, the Contractor shall draft and implement a COVID-19 Code of Safe Practices that is posted in areas visible to all employees and visitors.
The Contractor shall be prepared at each Progress and Coordination Meeting, if requested by the Construction Manager, to provide information relevant to the application, enforcement, and implementation of the Code of COVID-19 Safe Practices.
All Contractor managers and supervisors (from forepersons to project managers) must be familiar with the COVID-19 Plan and be ready to answer questions from employees, subcontractors, suppliers and visitors. Managers and supervisors must set a good example by following the COVID-19 Plan at all times. This involves practicing good personal hygiene and jobsite safety practices to prevent the spread of the virus. Managers and supervisors must encourage this same behavior from all employees, subcontractors, suppliers and visitors.
The Contractor shall immediately notify the Construction Manager if any person under the Contractor’s control on this Project has tested positive for COVID-19.
The Contractor is responsible to provide to the Engineer its COVID-19 Plan. This plan is due to the Engineer at the preconstruction meeting. No work shall be permitted until this plan is accepted by the Engineer.
1.37 ENCROACHMENT PERMIT
The City is in the process of acquiring a Caltrans Encroachment Permit. Prior to start of work within the State of California’s right-of-way or work affecting the State of California facilities, the Contractor will be required to obtain an Encroachment Permit at the following State of California Transportation office:
27 CALTRANS, DISTRICT 03
PERMIT ENGINEER
703 “B” Street
P.O. Box 911
Marysville, CA 95901
(530) 741-5374
The Contractor shall pay the applicable fees due at the time of application. A copy of the City’s Encroachment Permit is available upon request.
Full compensation for conforming to the requirements in this permit, including the cost of the permit, shall be considered as included in the contract prices paid for the various item or work and no additional compensation will be allowed therefore.
28 SECTION NO. 2 - ITEMS OF THE BID PROPOSAL
ITEM NO. 1 - MOBILIZATION
Mobilization shall conform to the provisions in Section 9 of the State Standard Specifications and these Special Provisions.
Payment shall be at the lump sum bid and shall include full compensation for all labor, materials, tools, equipment and incidentals, and for doing all work involved with mobilization as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.
ITEM NO. 2 - WATER POLLUTION CONTROL PLAN (WPCP)
WPCP includes full compensation for furnishing all labor material, tools, equipment, and incidentals for preparing the Water Pollution Control Plan and doing all the work involved in preparing, obtaining approval of, and amending the WPCP, inspecting water pollution control practices and, shall conform to the provisions in Section 13, "Water Pollution Control," of the State Standard Specifications, Section 16 of the City Standard Specifications and these Special Provisions.
Payment shall be at the lump sum bid and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals for doing all the work involved preparing and implementing the WPCP, including providing a WPC manager, conducting water pollution control training, and monitoring, inspecting and correcting water pollution control practices, as specified in these Special Provisions, and as directed by the Engineer.
ITEM NO. 3 - REMOVE CONCRETE
Concrete sidewalk shall be removed as shown on the plans or as directed by the Engineer and shall conform with Section 13 of the City Standard Specifications, Section 15-1.03B of the State Standard Specifications, and these Special Provisions.
Where no joint exists between concrete to be removed and concrete to remain in place, the concrete shall be cut in a neat line to a minimum depth of 0.17-foot with a power-driven saw before concrete is removed. All sawcutting, removing a portion of the existing concrete sidewalk, conforming to the proposed sidewalk, and disposal of removed and excavated materials, excavation and fill, and finish grading required to construct sidewalk conforms shall be included in this item of work.
Where concrete has been removed outside the roadway prism, the backfilled areas shall be graded to drain and blend in with the surrounding terrain.
Concrete to be removed which has portions of the same structure both above and below ground will be considered as concrete above ground for compensation.
Broken pieces of concrete shall be immediately removed from the job site and disposed of. NO PORTIONS OF BROKEN CONCRETE SHALL REMAIN ON THE JOB SITE OVERNIGHT.
Payment shall be at the unit price bid per square yard and shall include full compensation for all 29 labor, materials, tools, equipment and incidentals, and for doing all work involved with removing concrete sidewalk as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.
ITEM NO. 4 - REMOVE SIGN
Existing roadside signs shall be removed as shown on the plans or as directed by the Engineer and shall conform to Section 32 of the City Standard Specifications, Section 82-9 of the State Standard Specifications, and these Special Provisions.
Disposal of wood sign posts shall be performed in accordance with Section 14 of the State Standard Specifications. Removed sign panels shall be salvaged and delivered to the City of Sacramento Traffic Sign and Markings Section at 5730 24th Street, Building 10, Sacramento, CA 95822.
Removed sign panels shall be salvaged and delivered to the City of Sacramento Traffic Sign and Markings Section at 5730 24th Street, Building 10, Sacramento, CA 95822.
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.
Payment shall be at the unit price bid per each and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in removing roadside signs as shown on the plans, as specified in the City Standard Specifications, the State Standard Specifications, and these Special Provisions, and as directed by the Engineer.
ITEM NO. 5 - REMOVE SIGN PANEL
Existing roadside sign panels shall be removed as shown on the plans or as directed by the Engineer and shall conform to Section 32 of the City Standard Specifications, Section 82-9 of the State Standard Specifications, and these Special Provisions.
Removed sign panels shall be salvaged and delivered to the City of Sacramento Traffic Sign and Markings Section at 5730 24th Street, Building 10, Sacramento, CA 95822.
Existing roadside sign panels 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.
Payment shall be at the unit price bid per each and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in removing sign panels as shown on the plans, as specified in the City Standard Specifications, the State Standard Specifications, and these Special Provisions, and as directed by the Engineer.
ITEM NO. 6 - RELOCATE SIGN
Existing roadside signs shall be relocated as shown on the plans or as directed by the Engineer and shall conform to Section 32 of the City Standard Specifications, Section 82-9 of the State Standard Specifications, and these Special Provisions.
Payment shall be at the unit price bid per each and shall include full compensation for furnishing 30 all labor, materials, tools, equipment, and incidentals and for doing all work involved in relocating sign panels as shown on the plans, as specified in the City Standard Specifications, the State Standard Specifications, and these Special Provisions, and as directed by the Engineer.
ITEM NO. 7 - RELOCATE SIGN PANEL
Existing roadside sign panels shall be relocated as shown on the plans or as directed by the Engineer and shall conform to Section 32 of the City Standards, Section 82-9 of the State Standard Specifications, and these Special Provisions.
Payment shall be at the unit price bid per each and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in relocating sign panels as shown on the plans, as specified in the City Standard Specifications, the State Standard Specifications, and these Special Provisions, and as directed by the Engineer.
ITEM NO. 8 - ADJUST UTILITY COVER TO GRADE
Existing utility covers shall be adjusted to the grade of the new surface as shown on the plans or as directed by the Engineer and shall conform to Section 34 of the City Standard Specifications and these Special Provisions.
The cost of adjusting utility covers shall include any necessary lowering, temporarily removing, covering and raising the maintenance hole head to the grade of the new surface under this item.
Payment shall be at the unit price per each and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals and for doing all work involved in adjusting pull boxes to grade, as shown on the plans, as specified in the City Standard Specifications and these Special Provisions, and as directed by the Engineer.
ITEM NO. 9 - THERMOPLASTIC TRAFFIC STRIPING DETAIL AND PAVEMENT
MARKINGS TO REMOVE
Thermoplastic and preformed traffic stripes and markings shall be removed to the fullest extent possible from the pavement by grinding. Grinding material left on the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of grinding material, which might constitute a hazard to traffic, will not be permitted.
At least one week prior to performing any work, the Contractor shall be required to provide and submit to the Engineer a weekly schedule of work for each week showing a list of streets in order of performance. A contact person and phone number of responsible parties shall be affixed to this list. The Contractor shall also provide to the Engineer a list of all striping and marking quantities removed for each day worked, by 10:00 AM the following day.
The Contractor shall place temporary markers prior to removing traffic control measures during the striping and markings removal operation. Temporary markers shall be maintained until permanent striping and markings are in place. See section 1.28.
The quantities of traffic stripes and pavement markings may be adjusted, deleted, or omitted as directed by the Engineer to meet the existing requirements. No adjustment to the unit price bid will be made because of a change in quantity from the Engineer's estimate. 31 Payments on a monthly basis will be made based on an agreed upon percent complete amount.
Payment shall be made based on the final pay quantity indicated on the Sealed Proposal and will not be recalculated in the field.
Payment shall be at the lump sum price bid of traffic stripe detail and pavement markings placed per plan and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, for doing all work involved with this line item as shown on the Plans, as specified in these Special Provisions and as directed by the Engineer.
ITEM NO. 10 - ROADWAY EXCAVATION AND GRADING
Roadway excavation for roadway improvements shall be performed as shown on the plans or as directed by the Engineer and shall conform to Section 14 of the City Standard Specifications and these Special Provisions.
Excavation shall include saw cutting and removal of all asphalt concrete (AC), aggregate base (AB), native material and soil to allow construction of improvements to the lines and grades shown on the plans. This item shall include grading behind the proposed sidewalk necessary to match the existing grades and improvements. This item shall not include removal of the existing concrete paid for under a separate line item.
This work shall include excavation and grading necessary to construct the proposed curb, gutter, sidewalk, driveways, walkways and shall include finish grading to match the back of sidewalk to surrounding grade using a maximum 2:1 slope per the construction plans. This work shall include shaping and trimming of slopes, and the placement and compaction of excavated earth material to the lines and grades shown on the plans.
Health and Safety
The Contractor’s attention is directed to Section 9.11 of these Special Provisions.
The Contractor shall prepare a project specific Health and Safety Plan (HASP) in accordance with regulations and guidelines contained in Title 8, sections 5155, 5192 and 5194 of the California Code of Regulations, and Title 29, sections 1910.120 and 1926 of the Code of Federal Regulations.
Excavation, Stockpiling, and Transportation
The Contractor shall prepare a written, project-specific Excavation and Transportation Plan establishing the procedures the Contractor will use to comply with requirements for excavating, stockpiling, transporting, and placing (or disposing) of soil/debris material. The plan shall conform to the regulations of the DTSC and Cal-OSHA. The sampling and analysis portions of the Excavation and Transportation Plan shall be in general conformance with USEPA, SW 846, "Test Methods for Evaluating Solid Waste". The plan shall contain, but not be limited to the following elements:
• Excavation schedule
• Temporary locations of stockpiled material
• Sampling and analysis plans for stockpiles:
32 • Location and number of samples
• Analytical laboratory
• Dust control measures
• Air monitoring
• Transportation equipment and routes
• Method for preventing spills and tracking material onto public roads • Truck waiting and staging areas
• Site for disposal of waste
• Spill Contingency Plan for material containing contaminants of concern Excavation, transportation, and handling of soil/debris containing contaminants of concern shall result in no visible dust migration. The Contractor shall have a water truck or tank on the job site at all times while performing earthwork operations.
Soil/debris stockpiles shall not be placed where affected by surface run-on or run-off. Stockpiles shall be covered with plastic sheeting, 13 mils minimum thickness. Stockpiles shall not be placed in environmentally sensitive areas. Stockpiled material shall not enter storm drains, inlets, or waters of the State. The Contractor shall maintain the stockpile covers so the entire pile is covered at all times except during soil placement, sampling, and soil removal. Covers shall remain in place until all soil is removed from the site.
For Non-Hazardous waste, haulers should be provided with non-hazardous manifests for each truckload transported to a landfill. In addition to the manifest, the hauler should have a description of the waste (soil), where it came from, the expected concentrations, etc.
Any material regulated by the State of California as Hazardous Waste shall be transported to and disposed of at a Class I or Class II Disposal Site (depending on the level of contamination) in accordance with the handling instructions contained in these Special Provisions and no additional compensation will be allowed. Material excavated from these areas shall be transported by a Hazardous Waste transporter registered with the DTSC using the required procedures for creating a manifest for the material. For material designated as Hazardous Waste requirements for transportation and disposal are specific according to California and Federal laws. Vehicles used to transport Hazardous Material shall conform to the current certifications of compliance of the DTSC.
Prior to traveling on public roads, loose and extraneous material shall be removed from surfaces outside the cargo areas of the transporting vehicles and the cargo shall be covered with tarpaulins or other cover, as outlined in the approved Excavation and Transportation Plan. The Contractor shall be responsible for costs due to spillage of soil/debris during transport.
Soil Disposal
Soil scheduled for disposal shall be analyzed for the contaminants of concern by the Contractor prior to removing the material from the project limits. The Contractor shall submit a sampling and analysis plan and the name of the analytical laboratory to the City’s Project Manager prior to beginning sampling or analysis. The Contractor shall use a laboratory certified by the California 33 Department of Health Services. Sampling shall meet the minimum requirements of the accepting disposal facility.
The disposal facility shall be operating under a permit issued by the appropriate California Environmental Protection Agency board or department.
If disposal of Hazardous Waste is required, the City will obtain an Environmental Protection Agency (EPA) Generator Identification Number and State of California Board of Equalization Identification Number. The City will sign all Hazardous Waste manifests.
IF THE SOIL DOES NOT NEED TO BE TRANSPORTED AND DISPOSED OF AT A
CLASS I OR CLASS II LANDFILL, IT SHALL BECOME THE PROPERTY OF THE
CONTRACTOR AND SHALL BE PAID FOR AT THE UNIT PRICE FOR ROADWAY EXCAVATION AND GRADING. NO ADDITIONAL COMPENSATION FOR
STOCKPILING, TRANSPORTING, AND DISPOSAL WILL BE PROVIDED.
Coordination of the testing and hauling of excavated material is the responsibility of the Contractor. No delay claims will be allowed for project delays due to the lack of storage space within the staging area.
Existing Facilities
All existing asphalt pavement pavements to be removed shall be full depth saw-cut at the limits of removal as shown on the Plans and in accordance with Section 13 of the City Standard Specifications. For pavement removals that are not shown to be replaced with a new pavement section, these areas shall be filled with clean material, compacted to 90%, and graded to drain.
Excess excavated material shall become the property of the Contractor and shall be deposited in a location and manner satisfactory to the Engineer. When any material is to be disposed of outside the right-of-way, the Contractor shall obtain written permission from the owner upon whose property the disposal is to be made before any material is deposited thereon.
The Contractor shall exercise extreme care to avoid damaging the curb and gutter lips, sidewalks, and planting areas during excavation operations. Gutter lips damaged by the Contractor which are spalled in excess of one inch (1”) deep by five inches (5”) long will be repaired at the Engineer’s direction. The cost of repairs to damaged curb and gutter shall be considered as included in this item, and no separate payment shall be made therefore.
Payment shall be at the unit price bid per cubic yard and shall include full compensation for all labor, materials, tools, equipment, incidentals and for doing all work involved with roadway excavation and grading as shown on the plans, as specified in the City Standard Specifications and in the Special Provisions and as directed by the Engineer.
ITEM NO. 11 - IMPORT BORROW
Imported Borrow shall be placed as shown on the plans or as directed by the Engineer and shall conform to Section 14 of the City Standard Specifications, Section 19-7 of the State Standard Specifications, and these Special Provisions.
34 The payment quantity for imported borrow is based on theoretical volume and does not include shrinkage.
This work shall include grading and compaction necessary to construct the proposed improvements and shall include finish grading to match the back of sidewalk to surrounding grade using slopes per the construction plans. This work shall include shaping and trimming of slopes, and the placement and compaction of excavated earth material to the lines and grades shown on the plans.
The on-site soil may be used as fill provided it is free of debris and visible concentrations of vegetation and has a maximum particle size of 1 inch.
Imported fill must meet the following requirements:
• No concentrations of organics, debris, and other deleterious materials • Maximum particle size of 1-inch, with at least 50 percent passing the No. 4 Sieve • Plasticity Index less than or equal to 12, per ASTM D4318, and • R-value of 50 or greater, per California Test Method 301 Place and compact on-site and imported fill as follows:
1. Place fill in loose lifts no thicker than 8 inches prior to compaction
2. Moisture condition fill -1% to 2% above the optimum moisture content
3. Compact fill to at least 90 percent relative compaction
4. Compact the upper 6 inches of fill in pavement areas to at least 95 percent relative compaction
Payment shall be at the unit price bid per cubic yard and shall include full compensation for all labor, materials, tools, equipment, incidentals and for doing all work involved with obtaining, transporting, depositing on-site, spreading, placing, and compacting, as shown on the plans and as specified in the City Standard Specifications, the State Standard Specifications, these Special Provisions, and as directed by the Engineer.
ITEM NO. 12 - AGGREGATE BASE (CLASS 2)
Aggregate Base (Class 2) shall be placed as shown on the plans or as directed by the Engineer and shall conform to Sections 10 and 17 of the City Standard Specifications and these Special Provisions.
This item shall include placing Class 2 Aggregate Base in the pavement sections and shoulder area. Aggregate base placed under the proposed curb, gutter, sidewalk and driveways shall be paid under the bid items for those features.
Payment shall be at the unit price bid per cubic yard delivered and placed and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals and for doing all work involved in placing aggregate base Class 2 as shown on the plans, as specified in the City Standard Specifications, these Special Provisions and as directed by the Engineer. 35 ITEM NO. 13 - HOT MIX ASPHALT (TYPE A)
Hot Mix Asphalt (HMA) shall be placed as shown on the Plans or as directed by the Engineer and shall conform to the requirements of Sections 10 and 22 of the City Standard Specifications and these Special Provisions.
Hot Mix Asphalt (HMA) shall be Type A, ¾” maximum aggregate (coarse) and the asphalt binder to be mixed with aggregate shall be steam-refined paving asphalt PG 64-10.
Payment shall be at the unit price bid per ton based on the weight tickets and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals and for doing all work involved in placing asphalt concrete pavement as shown on the Plans, as specified in these Special Provisions and as directed by the Engineer.
ITEM NO. 14 - MODIFIED ASPHALT BINDER CHIP SEAL TO PLACE Asphalt Rubber Chip Seal shall conform to the requirements of Section 37, “Bituminous Seals” of the 2010 Edition of the State of California Department of Transportation Standard Specifications, except where specified otherwise in these specifications.
Rubberized chip seal shall consist of an application of rubberized asphalt binder and hot screenings pre-coated with paving asphalt. Rubberized chip seal shall conform to the provisions specified for seal coat in Section 37-2, “Seal Coats,” of the Caltrans Standard Specifications and these Special Provisions.
Order of Work
The work shall be done in the following order:
1. Prepare the pavement surface as specified below.
2. Apply the Modified Binder as specified below.
3. Spread aggregate using mechanical spreader as specified below.
4. Initially and final roll per these specifications.
5. Sweep all excess aggregate immediately after rolling.
6. Install temporary pavement markings.
7. Maintain chip seal and provide additional sweeping to clean all loose aggregate.
8. Apply microsurfacing (type II) no sooner than seven (7) calendar days and no later than fourteen (14) calendar days after the modified asphalt binder chip seal is applied.
Microsurfacing shall be paid by a separate item.
9. Install temporary pavement markings.
10. All other such items and details specified shall be furnished, installed, and/or constructed.
1. Placement of chip seal at curb ramps. Cape Seal shall be placed with no vertical edges over ¼” in height in front of curb ramps. Chip seal shall be held back 2 feet from lip of gutter in front of ramps, with the slurry coverage to taper to lip of gutter.
2. Placement of chip seal at speed humps. Chip seal shall be held back 10 feet from speed hump, with the slurry coverage to taper to speed hump and coverage of speed hump. 36 Existing blue fire hydrant locators shall be removed prior to placing of the cape seal. New "raised, blue dot, hydrant marking devices" shall be installed by the Contractor after the slurry seal or microsurfacing has been set for three (3) calendar days, but no later than seven (7) calendar days after placement of the seal. The Contractor shall place the new approved "blue dot, hydrant marking devices" with approved two-part epoxy adhesive per the instruction and at the locations determined by the Engineer. The placing of the raised blue reflective pavement markers will be paid by a separate item.
Definitions
Crumb rubber modifier: Ground or granulated high natural crumb rubber or scrap tire crumb rubber.
Descending viscosity reading: Subsequent viscosity reading at least five (5) percent lower than the previous viscosity reading.
High natural crumb rubber: Material containing 40 to 48 percent natural rubber.
Scrap tire crumb rubber: Any combination of:
1. Automobile tires
2. Truck tires
Submittals
Prior to starting Work Contractor shall submit the name of its laboratory for quality control testing. The laboratory must be AMRL accredited.
For each delivery of asphalt rubber binder ingredients and asphalt rubber binder to the job site, submit a certificate of compliance and a copy of the specified test results.
Submit MSDS for each asphalt rubber binder ingredient and the asphalt rubber binder.
At least fourteen (14) calendar days before use, submit:
1. Four 1-quart cans of mixed asphalt rubber binder
2. Samples of each asphalt rubber binder ingredient
3. Asphalt rubber binder formulation and data as follows:
b) For asphalt binder and asphalt modifier submit:
i) Source and grade of asphalt binder
ii) Source and type of asphalt modifier
iii) Percentage of asphalt modifier by weight of asphalt binder iv) Percentage of combined asphalt binder and asphalt modifier by weight of asphalt rubber binder
v) Test results for the specified quality characteristics c) For crumb rubber modifier submit:
i) Each source and type of scrap tire crumb rubber and high natural rubber ii) Percentage of scrap tire crumb rubber and high natural rubber by total weight of asphalt rubber binder
37 iii) Test results for the specified quality characteristics d) For asphalt rubber binder submit:
i) Test results for the specified quality characteristics ii) Minimum reaction time and temperature
At least fourteen (14) calendar days before use, submit the permit issued by the local air quality agency for asphalt rubber binder:
1. Field blending equipment
2. Application equipment
If an air quality permit is not required by the local air quality agency for producing asphalt rubber binder or spreading asphalt rubber binder, submit verification from the local air quality agency to the Engineer that an air quality permit is not required for this Contract.
Submit a certified volume or weight slip for each delivery of asphalt rubber binder ingredients and asphalt rubber binder.
Submit a certificate of compliance and accuracy verification of test results for viscometers.
When determined by the Engineer, submit notification fifteen (15) minutes before each viscosity test or submit a schedule of testing times.
Submit the log of asphalt rubber binder viscosity test results each day of asphalt rubber binder application.
Quality Control and Assurance
Test and submit results at least once per project:
1. For crumb rubber modifier except for grading, at least once per 250 tons. Samples of scrap tire crumb rubber and high natural crumb rubber must be sampled and tested separately. Test each delivery of crumb rubber modifier for grading.
2. For asphalt binder, test and submit at least once per 200 tons of asphalt binder production.
3. For asphalt modifier, test and submit at least once per 25 tons of asphalt modifier production.
Scrap tire crumb rubber and high natural crumb rubber must be delivered to the asphalt rubber production site in separate bags.
Take viscosity readings of asphalt rubber binder under ASTM D7741 during asphalt rubber binder production. Start taking viscosity readings of samples taken from the reaction vessel at least forty-five (45) minutes after adding crumb rubber modifier and continue taking viscosity readings every thirty (30) minutes until two (2) consecutive descending viscosity readings have been obtained and the final viscosity meets the specification requirement. After meeting the two (2) descending viscosity readings requirement, continue to take viscosity readings hourly and within fifteen (15) minutes before use. Log the test results, including time of testing and temperature of the asphalt rubber binder.
38 Materials
Asphalt Rubber Binder
Asphalt rubber binder must be a combination of:
1. Asphalt binder
2. Asphalt modifier
3. Crumb rubber modifier
The blending equipment must allow the determination of weight percentages of each asphalt rubber binder ingredient.
Asphalt rubber binder must be 79 ± 1 percent by weight asphalt binder and 21 ± 1 percent by weight of crumb rubber modifier. The minimum percentage of crumb rubber modifier must be
20.0 percent and lower values may not be rounded up.
Crumb rubber modifier must be 76 ± 2 percent by weight scrap tire crumb rubber and 24 ± 2 percent by weight high natural rubber.
The blend of asphalt binder and asphalt modifier must be combined with crumb rubber modifier at the asphalt rubber binder production site. The asphalt binder and asphalt modifier blend must be from 375 to 440°F when crumb rubber modifier is added. Combined ingredients must be allowed to react at least forty-five (45) minutes at temperatures from 375 to 425°F except the temperature must be at least 10°F below the flash point of the asphalt rubber binder.
After reacting, the asphalt rubber binder must have the values for the quality characteristics shown in the following table:
Blended Asphalt Rubber Binder
Quality characteristic Test method Value
Min Max
Cone penetration @ 77 °F, 1/10 mm ASTM D 217 25 70
Resilience @ 77 °F, percent rebound ASTM D 5329 18 40
Field softening point, °F ASTM D 36 125 165
Viscosity @375 °F,
Pa • s (x10-3)
See section 37-
2.01D(3)
1500 2500
Maintain asphalt rubber binder at a temperature from 375 to 415°F.
Stop heating unused asphalt rubber binder four (4) hours after the 45-minute reaction period.
Reheating asphalt rubber binder that cools below 375°F is a reheat cycle. Do not exceed two (2) reheat cycles. If reheating, asphalt rubber binder must be from 375 to 415°F before use. 39 During reheating, you may add scrap tire crumb rubber. Scrap tire crumb rubber must not exceed ten percent (10%) by weight of the asphalt rubber binder. Allow added scrap tire crumb rubber to react for at least forty-five (45) minutes. Reheated asphalt rubber binder must comply with the specifications for asphalt rubber binder.
Asphalt Binder
Asphalt binder for asphalt rubber binder seal coat must be PG 64-16 and conform to Section 92 of the 2010 Edition of the State of California Department of Transportation Standard Specifications .
Asphalt Modifier
Asphalt modifier must be a resinous, high flash point, and aromatic hydrocarbon. Asphalt modifier must have the values for the quality characteristics shown in the following table:
Asphalt Modifier for Asphalt Rubber Binder
Quality characteristic Test method Value
Viscosity, m2/s (x 10-6)
at 100 °C
ASTM D 445 X ± 3 a
Flash point, CL.O.C., °C ASTM D 92 207 min
Molecular analysis
Asphaltenes, percent by
mass
ASTM D 2007 0.1 max
Aromatics, percent by
mass
ASTM D 2007 55 min
a "X" denotes the proposed asphalt modifier viscosity from 19 to 36. A change in "X" requires a new asphalt rubber binder submittal.
Asphalt modifier and asphalt binder must be blended at the production site. Asphalt modifier must be from 2.5 to 6.0 percent by weight of the asphalt binder in the asphalt rubber binder. The asphalt rubber binder supplier determines the exact percentage.
If blended, the asphalt binder must be from 375 to 440°F when asphalt modifier is added and the mixture must circulate for at least twenty (20) minutes. Asphalt binder, asphalt modifier, and crumb rubber modifier may be proportioned and combined simultaneously.
Crumb Rubber Modifier
Crumb rubber modifier must be ground or granulated at ambient temperature.
Scrap tire crumb rubber and high natural crumb rubber must be delivered to the asphalt rubber binder production site in separate bags.
Steel and fiber must be separated. If steel and fiber are cryogenically separated, it must occur before grinding and granulating. Cryogenically-produced crumb rubber modifier particles must be large enough to be ground or granulated.
40 Wire must not be more than 0.01 percent by weight of crumb rubber modifier. Crumb rubber modifier must be free of contaminants except fabric, which must not exceed 0.05 percent by weight of crumb rubber modifier. Method for determining the percent weight of wire and fabric is available under Laboratory Procedure 10 at the following METS Web site:
http://www.dot.ca.gov/hq/esc/Translab/ofpm/fpmlab.htm
The length of an individual crumb rubber modifier particle must not exceed 3/16 inch.
Crumb rubber modifier must be dry, free-flowing particles that do not stick together. A maximum of three percent (3%) calcium carbonate or talc by weight of crumb rubber modifier may be added. Crumb rubber modifier must not cause foaming when combined with the asphalt binder and asphalt modifier.
Specific gravity of crumb rubber modifier must be from 1.1 to 1.2 determined under California Test 208.
When tested under ASTM D 297, crumb rubber modifier must comply with the requirements shown in the following table:
Crumb Rubber Modifier
Scrap tire crumb rubber
(percent)
High natural rubber
(percent)
Quality characteristic Min Max Min Max
Acetone extract 6.0 16.0 4.0 16.0
Rubber hydrocarbon 42.0 65.0 50.0 --
Natural rubber content 22.0 39.0 40.0 48.0
Carbon black content 28.0 38.0 -- --
Ash content -- 8.0 -- --
Scrap tire crumb rubber must have the gradation shown in the following table:
Sieve size Gradation limit (%)
No. 8 100
No. 10 98–100
No. 16 45–75
No. 30 2–20
No. 50 0–6
No. 100 0–2
No. 200 0
High natural rubber gradation must have the gradation shown in the following table:
41 Sieve size Gradation limit (%)
No. 10 100
No. 16 95–100
No. 30 35–85
No. 50 10–30
No. 100 0–4
No. 200 0–1
Test the crumb rubber modifier gradation under ASTM C 136 except:
1. Split or quarter 100 ± 5 g from the crumb rubber modifier sample and dry to a constant mass at a temperature from 57 to 63 degrees C and record the dry sample mass. Place the crumb rubber modifier sample and 5 grams (g) of talc in a 1/2-liter jar. Seal the jar, then shake the jar by hand for at least one (1) minute to mix the crumb rubber modifier and the talc. Continue shaking or open the jar and stir until the particle agglomerates and clumps are broken and the talc is uniformly mixed.
2. Place one (1) rubber ball on each sieve. Each ball must weigh 8.5 ± 0.5 g, measure 24.5 ± 0.5 mm in diameter, and have a Shore Durometer "A" hardness of 50 ± 5 determined under ASTM D 2240. After sieving the combined material for 10 ± 1 minutes, disassemble the sieves. Brush material adhering to the bottom of a sieve into the next finer sieve. Weigh and record the mass of the material retained on the 2.36-milimeter sieve and leave this material (do not discard) on the scale or balance. Fabric balls must remain on the scale or balance and be placed together on the side to prevent them from being covered or disturbed when the material from finer sieves is placed onto the scale or balance. The material retained on the 2.00-milimeter sieve must be added to the scale or balance. Weigh and record that mass as the accumulative mass retained on the 2.00-milimeter sieve. Continue weighing and recording the accumulated masses retained on the remaining sieves until the accumulated mass retained in the pan has been determined. Before discarding the crumb rubber modifier sample, separately weigh and record the total mass of fabric balls in the sample.
3. Determine the mass of material passing the 75-micrometer sieve by subtracting the accumulated mass retained on the 75-micrometer sieve from the accumulated mass retained in the pan. If the material passing the 75-micrometer sieve has a mass of 5 g or less, cross out the recorded number for the accumulated mass retained in the pan and copy the number recorded for the accumulated mass retained on the 75-micrometer sieve and record that number, next to the crossed out number, as the accumulated mass retained in the pan. If the material passing the 75- micrometer sieve has a mass greater than 5 g, cross out the recorded number for the accumulated mass retained in the pan, subtract 5 g from that number and record the difference next to the crossed out number. The adjustment to the accumulated mass retained in the pan accounts for the 5 g of talc added to the sample. For calculation purposes, the adjusted total sample mass is the same as the adjusted accumulated mass retained in the pan. Determine the percent passing based on the adjusted total sample mass and record to the nearest 0.1 percent (0.1%). 42 Screenings
Before precoating with asphalt binder when tested under California Test 202 the screenings must have the gradation and properties shown below.
GRADATION
Sieve Sizes Percent Passing
3/4” 100
1/2” 99-100
3/8” 70-85
#4 0-10
#16 0-5
#200 0-1 *
*Wet sieve requirement
TESTING REQUIREMENTS
Test CA Test
Method
Requirements
Loss in Los Angeles Rattler (after 100
revolutions)
211 10% max
Loss in Los Angeles Rattler (after 500
revolutions)
211 40% max
Film Stripping 302 25% max
Cleanness Value 227 80 min
Durability 229 52 min
EQUIPMENT AND CONSTRUCTION
General
Equipment for must include and comply with the following:
1. Screenings haul trucks. Haul trucks must have:
a) Tailgates that discharge screenings
b) Devices to lock onto the rear screenings spreader hitch c) Dump beds that will not push down on the spreader when fully raised d) Dump beds that will not spill screenings on the roadway when transferred to the spreader hopper e) Tarpaulins to cover precoated screenings when haul distance exceeds 30 minutes or ambient temperature is less than 65 degrees F.
2. Self-propelled screenings spreader. The spreader must have:
a) Screenings hopper in the rear
b) Belt conveyors that carry the screenings to the front c) Spreading hopper capable of providing a uniform screening spread rate over the entire width of the traffic lane in 1 application.
43 3. Self-propelled power brooms. Do not use gutter brooms or steel-tined brooms. Brooms must be capable of removing loose screenings adjacent to barriers that prevent screenings from being swept off the roadway, including curbs, gutters, dikes, berms, and railings.
4. Pneumatic-tired rollers. Pneumatic-tired rollers must be an oscillating type at least 4 feet wide.
Each roller must be self-propelled and reversible. Pneumatic tires must be of equal size, diameter, type, and ply. The roller must carry at least 3,000 lbs. of load on each wheel and each tire must have an air pressure of 100 ± 5 psi.
Asphalt Rubber Equipment
Equipment for asphalt rubber application must include and comply with the following:
1. Tank to heat and maintain the temperature of blended asphalt binder and asphalt modifier before adding crumb rubber modifier. The tank must have a thermostatic heat control device and a temperature reading device accurate to within 5 degrees F. The heat control device must be the recording type.
2. Mechanical mixer for complete, homogeneous blending of asphalt binder, asphalt modifier, and crumb rubber modifier. Asphalt binder and asphalt modifier must be introduced into the mixer through meters. The blending system must vary the rate of delivery for asphalt binder and asphalt modifier proportionate to crumb rubber modifier delivery. The mixer must not allow the temperature of asphalt binder and asphalt modifier to vary more than 25 degrees F. Each ingredient feed must be equipped with a rate-of-feed indicator for determining the amount delivered during production. The meters used to proportion each liquid ingredient must be equipped with rate-of-flow indicators with resettable totalizers so that the total amount can be determined. Feed liquid and dry ingredients directly into the mixer at a uniform and controlled rate. Reduce the quantity of ingredients in the mixer if dead areas occur. The mixer must have a safe sampling device that delivers completed asphalt rubber binder in the quantity needed for testing.
3. Storage tank for asphalt rubber binder. The storage tank must have a heating system to maintain the temperature and an internal mixing device to prevent separation.
4. Self-propelled distributor truck. The truck must have the following features:
i) Heating unit
ii) Internal mixing unit
iii) Pumps that spray asphalt rubber binder within 0.05 gal/sq yd of the specified rate
iv) Fully circulating spray bar that applies asphalt rubber binder uniformly v) Tachometer
vi) Pressure gages
vii) Volume measuring devices
viii) Thermometer
ix) Observation platform on the rear of the truck for an observer on the platform to see the nozzles and unplug them if needed.
5. Under supports for scale bearing points for scale structures where the total load, the live load plus dead load is less than 17 tons, must be constructed as follows:
44 i) Use 4 legs. Total load on any leg may not exceed 14.5 psi. ii) Use structural grade steel with a minimum cross sectional dimension of 20 inches and a minimum thickness of 1.5 inches.
iii) Construct under supports in a way that they do not move or deflect during production operations.
iv) Install mechanical indicating elements level, plumb, and rigidly mounted on the under supports.
v) Prevent saturation of the ground under the scale with adequate drainage and provide support of 14.5 psi at each support.
vi) Scale structure may be installed using concrete under supports and comply with Section 9.
Surface Preparation
Pavement must be completely dry prior to the application of asphalt rubber chip seal.
Special care shall be taken to clean the pavement before the chip seal application. Immediately prior to the application of the chip seal the surface to receive the chip seal shall be cleaned by power brooming, flushing or other means necessary to remove all vegetation, loose particles of paving, all dirt, and all other extraneous material. Vegetation shall be removed from cracks in pavement and at the interface of pavement and gutter prior to sweeping. The Contractor shall blow the cracks clean of loose materials, away from pavement or previously cleaned cracks, with a high pressure air nozzle (90 psi or greater and free of oil). Pavements impregnated with grease, oil, or fuel shall be thoroughly scrubbed with water and an approved detergent and then flushed and swept clean. Wash water shall be vacuumed up and disposed of and shall not be permitted to enter the storm drain system. Contractor shall be responsible for sweeping the streets until sufficiently cleaned to the satisfaction of the Engineer. Streets shall be swept from face of curb to face of curb. Pavement missed by or inaccessible to power brooms shall be swept manually or by other methods approved by the Engineer.
All existing temporary and permanent pavement markers and temporary delineation shall be removed in accordance with Section SP-16, “Existing Highway Facilities” of these Special Provisions.
Immediately before commencing the seal operations, all surface metal utility covers (including survey monuments) shall be protected by thoroughly covering the surface with an appropriate adhesive and paper or plastic. No adhesive material shall be permitted to cover, seal or fill the joint between the frame and cover of the structure. Covers are to be uncovered and cleaned of chip seal material by the end of the same work day.
Precoat Screenings
Screenings must be preheated from 260 to 325°F. Coat with any of the asphalts specified in the table titled "Performance Graded Asphalt Binder" in Section 92 of Caltrans 2010 Standard Specifications.
Coat screenings at a central mixing plant. The asphalt must be from 0.5 to 1.0 percent by weight of dry screenings. The Engineer shall determine the exact rate. 45 The plant must be authorized under California Test Method 109 and the Department's material plant quality program.
Do not stockpile preheated or pre-coated screenings.
Application of Asphalt Rubber Binder
Apply asphalt rubber binder immediately after the reaction period. At the time of application, the temperature of asphalt rubber binder must be from 385 to 415°F.
Apply asphalt rubber binder at a rate from 0.55 to 0.65 gal/sq yd. The Engineer determines the exact rate. Avoid application over the specified rate which may result in “bleeding”. If medium severity “bleeding” occurs over an area greater than 10 square feet, Contractor shall remove and replace affected areas at their own cost during the warranty period. Medium severity “bleeding” is defined as that asphalt sticks to shoes and vehicles during more than 3 weeks of the year.
Apply asphalt rubber binder when the atmospheric temperature is from 60 to 105°F and the pavement surface temperature is between 75°F and 140°F.
Do not apply asphalt rubber binder unless there are sufficient screenings available to cover the asphalt rubber binder within two (2) minutes. Intersections, turn lanes, gore points, and irregular areas must be covered within fifteen (15) minutes.
Do not apply asphalt rubber binder when weather or road conditions are unsuitable, including high wind or when the pavement is damp. Unsuitable weather conditions include when temperatures below 40°F are anticipated for the next twenty-four (24) hours after applying the rubberized chip seal, or sustained winds are greater than ten (10) mph. Complete surface treatment application at least two (2) hours before sunset.
If you request to use a variable application rate apparatus and the Engineer authorizes, the rate in the wheel paths may be reduced to 0.50 gal/sq yd.
Spreading Screenings
Prevent vehicles from driving on asphalt rubber binder before spreading screenings.
Broom excess screenings at joints before spreading adjacent screenings.
Operate the spreader at speeds slow enough to prevent screenings from rolling over after dropping.
If the spreader is not moving, screenings must not drop. If you stop spreading and screenings drop, remove the excess screenings before resuming activities.
During transit, cover pre-coated screenings for asphalt rubber seal coat with tarpaulins if the ambient air temperature is below 65°F or the haul time exceeds thirty (30) minutes. 46 At the time of application, screenings for asphalt rubber seal coat must be from 225 to 325°F.
Spread screenings at a rate from 28 to 40 lb/sq yd. The exact rate is determined by the Engineer.
Spread to within ten percent (10%) of the determined rate.
Leave uncovered a strip of sprayed asphalt approximately six (6) inches wide to permit an overlap of asphalt material.
Finishing And Rolling Operations
Chip seal shall be finished and screenings compacted in accordance with Section 37-2.03H, “Finishing” of the 2010 Edition of the State of California Department of Transportation Standard Specifications, except that the second, third, fourth, and fifth paragraph shall not apply. In addition the following shall apply:
a. A minimum of three (3) pneumatic tired rollers conforming to the requirements specified in Section 39-3.03, “Spreading and Compacting Equipment”, of the Caltrans Standard Specifications shall be used, except that the rollers shall carry a minimum loading of 3,000 pounds on each wheel and air pressure of between 95 and 105 pounds per square (psi) inch in each tire.
b. Operate rollers at a maximum speed of five (5) mph. Do not permit the aggregate to be displaced by pickup or sticking of material to the tire or drum surfaces. Roll the surface to uniformity and thoroughly bond the aggregate over the full width. Complete rolling within one (1) hour after asphalt is applied to the surface. c. In the course of construction where the asphalt-rubber distributor truck creates a joint by stopping at some point along the length of the roadway, the screenings spreader shall stop short of this joint, leaving a small strip of uncovered asphalt rubber. This is to prevent an overlapping double thickness joint from being created once work resumes. All reasonable precautions shall be taken to avoid skips and overlaps at joints. Any defect shall be corrected at the Contractor’s expense by use of a shovel and/ or broom prior to continuing operations.
d. The seal coat shall be applied in such a manner that the joint between the new and existing surface is neat and uniform in appearance true to the line show on the plans and as established by the Engineer. The cut-off of asphaltic binder shall be made on building paper or similar material spread over the surface.
e. Initial rolling of the asphalt-rubber chip seal shall consist of a minimum of one (1)complete coverage with three pneumatic-tired rollers working in tandem and shall begin immediately behind the screenings spreader. The distance between the rollers and the screenings spreader shall not exceed 200 feet at any time during the spreading of screenings operations.
f. A minimum of three (3) additional complete coverages with the three pneumatic-tire rollers shall be made after the initial coverage on the asphalt-rubber chip seal. 47 g. In addition to the three pneumatic-tired rollers one (1) 12-14 ton steel wheel roller shall be used on the final pass as the finish roller.
h. Limit traffic speeds to fifteen (15) mph for twenty-four (24) hours after rolling operations have ceased; use of pilot cars may be necessary for the roadways that are typically driven on at higher rate of speed.
Final Sweeping
A. Removal of excess aggregate shall be completed before uncontrolled traffic is permitted on the modified asphalt binder seal coat.
B. An initial brooming shall be performed after completion of the final rolling and prior to routing public traffic on the modified asphalt binder seal coat.
Sweeping shall be a multi step operation following final rolling of the Aggregate. Loose Aggregate shall be removed from the roadway surface and abutting adjacent areas. Loose Aggregate shall be disposed of at least 46 m from the nearest waterway.
The Contractor shall be responsible for any damages to the vehicles, pedestrians and residents due to loose aggregate. The Contractor is responsible for additional sweeping if requested by the Engineer.
Maintaining Traffic - Contractor shall provide temporary C6 “LOOSE GRAVEL” with 15-MPH speed limit signs installed at the entrance and at 150 feet intervals on both sides of the streets.
Pilot cars shall be sufficiently available to continuously convoy and control traffic. Pilot cars used to convoy or otherwise control traffic shall have radio contact with each other and other personnel in the work area. Pilot cars shall use only traffic lanes open to public traffic.
Test Strip
The Contractor shall construct three (3) test strips for evaluation by the Engineer. The test strips shall be 50 feet to 100 feet long and shall consist of the application courses specified. The test strips shall be constructed in the early morning and shall cure and be open to traffic within ten (10) minutes of application. The three (3) test strips will be performed with varied asphalt aggregate spread rates, as specified by the Engineer, to best select the application rates to be used for the operation.
The Engineer will evaluate the completed test strip immediately after traffic is allowed on the completed test strip to determine if the mix design and placement procedure are acceptable. If the materials as placed are determined by the Engineer to be unacceptable, no additional work will be permitted until the Contractor’s proposed remediation has been approved by the Engineer. The cost of materials and placement of the test strips, which have been rejected, shall be borne by the Contractor and will not be considered as part of the contract work. 48 Each time the topography, roadway conditions, or type of road changes and is planned to be treated with the rubberized chip seal a new set of test strips shall be performed to ensure that the spread rates and rolling patterns are still applicable.
The approved test strip will be used for public relations purposes by the City for local residents to observe.
Microsurfacing
Microsurfacing shall be applied as describes in separate items of these Special Provisions.
Microsurfacing shall be paid by separate items. See Item No. 16: Microsrufacing (Type II) to Place for microsurfacing specifications.
Microsurfacing coat shall be applied no sooner than seven (7) calendar days and no later than fourteen (14) calendar days after the modified asphalt binder chip seal is applied.
Measurement and Payment:
Measurement for payment shall be taken from edge of pavement to edge of pavement, or from lip of the gutter to lip of gutter.
Payment shall be at the unit price bid per square yard and shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals to perform all work involved in asphalt rubber chip seal, as specified in these Special Provisions and as directed by the Engineer.
ITEM NO. 15 - MICROSURFACING (TYPE II) TO PLACE
Microsurfacing shall consist of mixing a polymer modified, cationic microsurfacing emulsion (MSE), aggregate, mineral filler, set-control additives, and water and spreading the mixture on a pavement surface where shown on the plans, in conformance with the provisions in these special provisions, and as directed by the Engineer.
Material:
The material for microsurfacing shall conform to the following requirements:
Microsurfacing Emulsion (MSE)
Microsurfacing Emulsion (MSE) shall be homogenous and shall conform to the provisions of these special provisions. The polymer shall be milled or blended into the asphalt or blended into the emulsifier solution prior to the emulsification process.
The MSE shall conform to the following requirements when tested in conformance with the following test methods:
Polymer Modified, Cationic Microsurfacing Emulsion (MSE) Specification Designation Test Method Requirement
Viscosity, SSF, @ 77 F (25 C) AASHTO T 59 15-90 Seconds 49 Sieve, max. AASHTO T 59 0.30 Percent
Settlement, 5 days, max. ASTM D244 5 Percent
Storage Stability, 1 day, max. AASHTO T 59 1 Percent
Residue by Evaporation, min. California Test 331 64 Percent Specification Designation for Residue
Specification Designation Test Method Requirement
Penetration@ 77 F (25C), 100g, 5s ,0.1mm AASHTO T 51 40-60 Softening Point F min. AASHTO T53 140
Polymer Content
Polymer Content shall be greater than or equal to 3.5%.
Water and Additives
Water shall be of such quality that the asphalt will not separate from the MSE before the microsurfacing is placed on the pavement. If necessary for workability, a set-control agent that will not adversely affect the microsurfacing product may be used.
Mineral Filler
Mineral filler shall be Portland cement or hydrated lime that is free of lumps. Portland cement shall be either Type I, Type II, Type III or combination thereof. The type of mineral filler shall be determined by the Contractor based on laboratory mix designs. The mineral filler will be considered part of the aggregate gradation requirement.
Aggregate
Slurry seal aggregate for all roads shall conform to ISSA Type II aggregate and shall be manufactured crushed stone such as granite, slag, limestone, chat, or other high quality aggregate, or combination thereof. To assure the material is totally crushed, 100% of the parent aggregate shall be larger than the largest stone in the gradation to be used.
When tested in accordance to AASHTO T27 (ASTM C136) and AASHTO T11 (ASTM C117), the aggregate gradation (including the mineral filler) shall be within following bands.
Type II Slurry Seal
Sieve Sizes Passing Percentage
9.5 mm (3/8”) 100
4.75 mm (#4) 94-100
2.36 mm (#8) 65-90
1.18 mm (#16) 40-70
600 um (#30) 30-50
330 um (#50) 18-30
150 um (#100) 10-21
75 um (#200) 5-15
50 After the target gradation has been submitted and identified in the mix design, the percent passing each sieve shall not vary by more than the stockpile tolerance and still remain within the gradation band during the application of slurry seal.
The mineral aggregate shall also conform to the following:
Test Test Method Requirements
Sand Equivalent CTM 217 70 min.
Soundness of Aggregates by Use of
Sodium Sulfate or Magnesium Sulfate CTM 214 15% Maximum w/NA2SO425% Maximum w/MgSO4 Loss in L.A. Rattler (100 Revolutions) CTM 211 10% max.
Loss in L.A. Rattler (500 Revolutions) CTM 211 35% max.
Durability Index CTM 229 70 min.
Mix Design:
At least 7 working days before the microsurfacing placement commences, the Contractor shall submit for approval of the Engineer a laboratory report of tests and a proposed mix design covering the specific materials proposed for use on the project.
The percentages of each individual material proposed in the mix design shall be shown in the laboratory report. Individual materials shall be within the following limits:
Residual Asphalt 7.5% to 13.5% by dry mass of aggregate Mineral Filler 0% to 3% by dry mass of aggregate
Additive As needed
Water As needed
Adjustments may be required during construction based on field conditions.
The mix design and aggregate tests shall be performed by a laboratory capable of performing the applicable International Slurry Surfacing Association (ISSA) tests. The proposed microsurfacing mixture shall conform to the specified requirements when tested in conformance with the following tests:
Test ISSA Test Method Requirements
Wet Cohesion
@ 30 Minute (Set) (min.)
@ 60 Minute (Traffic) (min.)
TB* 139 12 kg-cm
20 kg-cm
Excess Asphalt TB* 109 540 g/m2
Wet Stripping (min.) TB* 114 90%
Wet Track Abrasion 6-day Soak Loss (max.) TB* 100 810 g/m2 Displacement
Lateral (max.)
Specific Gravity After 1000 Cycles of 125
lbs. (56.8 kg)(max.)
TB* 147A 5%.
2.10 51
Classification Compatibility TB* 144 (AAA, BAA) 11
Grade Points
Mix Time @ 77°F (25°C) TB* 113 Controllable to
120 Seconds
TB* = Technical Bulletin
The laboratory that performed the tests and designed the mixture shall sign the laboratory report.
The report shall show the results of the tests on individual materials and shall compare their values to those required by these special provisions. The report shall clearly show the proportions of aggregate, filler (minimum and maximum), water (minimum and maximum), set control additive, and MSE solids content (minimum and maximum) based on the dry mass of aggregate. The laboratory shall report the quantitative effects of moisture content on the unit mass of the aggregate (bulking effect) in conformance with the requirements of ASTM Designation C 29M. Previous laboratory reports covering the same materials may be accepted provided the material test reports were completed within the previous 12 months. The mix design shall further show the recommended changes in mineral filler, water, and additive proportions for high temperature weather conditions by reporting proportions of materials required for 60 seconds of mix time with materials heated to 100 °F (38°C). This 100 °F (38°C) mixing report will not be required for projects requiring nighttime application.
The component materials used in the mix design shall be representative of the microsurfacing materials proposed by the Contractor for use on the project.
Once the mix design is approved by the Engineer, no substitution of other material will be permitted unless the materials proposed for substitution are first tested and a laboratory report is submitted for the substituted design in conformance with the provisions of these special provisions.
Substituted materials shall not be used until the mix design for those materials has been approved by the Engineer.
The completed mixture, after addition of water and set control agent, if used, shall be such that the microsurfacing mixture has proper workability. At the expiration of the road closure hours, in conformance with the provisions in "Maintaining Traffic" of these special provisions, the microsurfacing mixture shall be sufficiently cured to support unrestricted traffic one hour after placement.
Proportioning:
Aggregate, mineral filler, MSE, water, and additives, including the set-control agent, if used, shall be proportioned by volume utilizing the mix design approved by the Engineer. If more than one kind of aggregate is used, the correct amount of each kind of aggregate to produce the required grading shall be proportioned separately, prior to adding the other materials of the mixture, in a manner that will result in a uniform and homogeneous blend.
The aggregate shall be proportioned using a belt feeder operated with an adjustable cutoff gate.
The height of the gate opening shall be determinable. The MSE shall be proportioned by a positive displacement pump. Variable rate emulsion pumps, if used, shall be calibrated and sealed in the pump's calibrated condition in conformance with California Test 109 prior to usage. 52 The delivery rate of aggregate and MSE per revolution of the aggregate feeder shall be calibrated at the appropriate gate settings for each mixer-spreader truck used on the project in conformance with California Test 109 and in conformance with the provisions of these special provisions.
The aggregate belt feeder shall deliver aggregate to the pugmill with such volumetric consistency that the deviation for any individual aggregate delivery rate check-run shall not exceed 2.0 percent of the mathematical average of 3 runs of at least 100 revolutions. The emulsion pump shall deliver MSE to the pugmill with such volumetric consistency that the deviation for any individual delivery rate check-run shall be within 2.0 percent of the mathematical average of 3 runs of at least 300 gallons revolutions. The water pump shall deliver water to the pugmill with such volumetric consistency that the deviation for any individual delivery rate check-run shall be within 2.0 percent of the mathematical average of 3 runs of at least 300 gallons (1135 L) each.
The MSE storage tank shall be located immediately before the emulsion pump and shall be equipped with a device which will automatically shut down the power to the emulsion pump and aggregate belt feeder when the MSE level is lowered to a point where the pump suction line is exposed.
A temperature-indicating device shall be installed in the emulsion storage tank at the pump suction level. The device shall indicate the temperature of the MSE and shall be accurate to within 10°F (5°C).
The belt delivering the aggregate to the pugmill shall be equipped with a device to monitor the depth of aggregate being delivered to the pugmill. The device for monitoring the depth of aggregate shall automatically shut down the power to the aggregate belt feeder whenever the depth of aggregate is less than the target depth of flow. A second device shall be located where the device will monitor the movement of the aggregate belt by detecting revolutions of the belt feeder. The devices for monitoring no flow or belt movement shall automatically shut down the power to the aggregate belt when the aggregate belt movement is interrupted. The device to detect revolutions of the belt feeder will not be required where the aggregate delivery belt is an integral part of the drive chain. To avoid erroneous shutdown by normal fluctuation, a delay of 3 seconds will be permitted between sensing and shutdown of the operation.
Mixing and Spreading Equipment:
The microsurfacing shall be mixed in continuous pugmill mixers of adequate size and power for the type of microsurfacing to be placed. All indicators shall be in conformance with the provisions of these special provisions and shall be in working order prior to commencing mixing and spreading operations.
Mixer-spreader trucks shall be equipped to proportion the MSE, water, aggregate, mineral filler, and set-control additives by volume. Rotating and reciprocating equipment on mixer-spreader trucks shall be covered with metal guards.
The mixer-spreader truck shall not be operated unless low-flow and no-flow devices and revolution counters are in good working condition and functioning and metal guards are in place. Indicators required by these special provisions shall be visible while walking alongside the mixer-spreader truck.
53 Aggregate feeders shall be connected directly to the drive on the emulsion pump. The drive shaft of the aggregate feeder shall be equipped with a revolution counter reading to the nearest one-tenth of a revolution.
In addition to the requirements of the fourth paragraph of Section 5 1.10, "Equipment and Plants," of the Standard Specifications, the identifying number of mixer-spreader trucks shall be at least three inches (75 mm) in height, located on the front and rear of the vehicle.
The microsurfacing mixture shall be spread by means of a spreader box conforming to the following requirements:
Spreader Box
The spreader box shall be capable of placing the microsurfacing a minimum of 12 feet (3.6 m) wide and shall have strips of flexible rubber belting or similar material on each side of the spreader box and in contact with the pavement to prevent the loss of microsurfacing from the box. Spreader boxes over eight feet (2.38 m) in application width shall have baffles, reversible motor driven augers or other suitable means to insure uniform application on superelevated sections and shoulder slopes. Spreader box skids shall be maintained in such manner as to prevent chatter (wash boarding) in the finished mat. The spreader box in use shall be clean and free of microsurfacing and MSE at the start of each work shift.
The spreader box shall have a series of strike-off devices at the rear of the box. The leading strikeoff device shall be fabricated of steel, stiff rubber or other suitable material. The number of strikeoff devices shall be determined by the Contractor. The first strike-off device shall be designed to maintain close contact with the pavement during the spreading operations, shall obtain the thickness required, and shall be capable of being adjusted to the various pavement cross sections for application of a uniform microsurfacing finished surface. The final strike-off device shall be fabricated of flexible material suitable for the intended use and shall be designed and operated to ensure a uniform texture is achieved in the finished surface of the microsurfacing. The final strikeoff device shall be cleaned or changed daily if problems with longitudinal scouring occur.
Flexible fabric drags attached to the rear of the spreader box shall not be used.
Preparation of Surface:
Immediately prior to applying the microsurfacing, the Contractor shall clean the street surface and lip of gutter joints of all loose material, silt spots, vegetation, and any other matter, which may adversely affect the adherence of the slurry to the existing pavement.
The Contractor shall remove thermoplastic stripes/markings, preformed traffic stripes/markings and raised pavement markers prior to slurry seal operation. The cost of removing the thermoplastic and preformed pavement stripes/markings shall be paid for by their associated bid item. The cost of removing all raised pavement markers, including raised blue fire hydrant markers, shall be included in the “Raised Reflective Pavement Markers to Place” bid item. 54 The Contractor shall be responsible for sweeping all streets with a mechanical power broom prior to sealing. The Engineer may require particularly dirty streets to be flushed with water. The Engineer must approve all flushing operations. The Contractor shall be responsible for cleaning sidewalks and driveways soiled by flushing operations.
The City shall remove and dispose of any garden refuse piles placed in the street.
The Contractor shall be responsible for locating, covering, removing, cleaning and protecting all utility covers, maintenance hole covers, water valve boxes, and any other utility covers. The methods of protection, referencing, locating, and cleaning shall be subject to approval by the Engineer prior to any resurfacing.
All protective coverings shall be removed from maintenance hole covers, water valve boxes, and other utility covers each day before opening the street to traffic.
Existing blue fire hydrant locators shall be removed prior to placing of the microsurfacing. New "raised, blue dot, hydrant marking devices" shall be installed by the Contractor after the microsurfacing has been set for three (3) calendar days, but no later than seven (7) calendar days after placement of the microsurfacing. The Contractor shall place the new approved "blue dot, hydrant marking devices" with approved two-part epoxy adhesive per the instruction and at the locations determined by the Engineer. The placing of the raised blue dots shall be paid for under Item No.9 “Pavement Markers to Remove and Place” of these Special Provisions.
Placing:
The microsurfacing mixture shall be uniformly spread on the existing surfacing within the rate specified without spotting, rehandling or otherwise shifting of the mixture.
The microsurfacing mixture shall not be placed when the ambient temperature is below 50 °F (10°C) or during unsuitable weather. Microsurfacing shall not be placed if rain is imminent or if there is the possibility that there will be freezing temperatures within 24 hours.
Microsurfacing shall be spread at a rate within the following ranges of pound of dry aggregate per square yard.
Microsurfacing Type Location Spread Rate
Type II Full Traffic Width 15 - 17
Type III¹ Full Traffic Width 20 - 32
Type III² Full Traffic Width 30 - 32
Notes: 1. For microsurfacing over asphalt concrete pavement.
2. For microsurfacing over Portland cement concrete pavement and concrete bridge decks.
The emulsion rate per square yard of dry aggregate shall be fourteen (14%) to sixteen (16%) percent of dry aggregate per square yard.
55 Longitudinal joints shall correspond with the edges of the traffic lanes. The Engineer may permit other patterns of longitudinal joints if the patterns will not adversely affect the quality of the finished product.
Through traffic lanes shall be spread in full lane widths only. Longitudinal joints common to 2 traffic lanes shall be butt joints with overlaps not to exceed 3 inches (76 mm). Building paper shall be placed at the transverse joints to avoid double placement of the microsurfacing. Other suitable methods to avoid double placement of the microsurfacing will be allowed. Hand tools shall be available to remove spillage.
Self-propelled pneumatic-tired rollers shall be used for the required rolling of the microsurfacing. Steel wheel rollers shall not be used. The pneumatic-tired rollers shall carry a minimum loading of 3,000 pounds (1,361 kg) on each wheel and a minimum pressure of 90 pounds per square inch in each tire. Foam filled tires will be allowed in lieu of 90 psi.
Rolling of the microsurfacing shall consist of a minimum of nine complete passes on straight roadway sections and fifteen complete passes on cul-de-sac bulbs. Rolling shall be completed before the street is open to traffic after the microsurfacing application. Contractor shall have sufficient number of rollers on site to fulfill this requirement.
The mixture shall be uniform and homogeneous after placing on the surfacing and shall not show separation of the MSE and aggregate after setting. The completed surface shall be of uniform texture and free from ruts, humps, depressions, or irregularities.
Adequate means shall be provided to protect the microsurfacing from damage by traffic until such time that the mixture has cured sufficiently so that the microsurfacing will not adhere to or be picked up by the tires of vehicles.
The Contractor shall be responsible for sweeping the streets and sidewalks to clear all raveling that may occur within the first two day after placing of the slurry seal, at no additional cost to the City..
The Contractor is responsible for an additional sweep approximately one week after placement of slurry seal and a final sweep approximately three to four weeks after placement of slurry seal.
The Contractor is responsible for additional sweeping if requested by the Engineer within 24 hours of the Engineer’s request.
Test Strip:
The Contractor shall construct a test strip for evaluation by the Engineer. The test strip shall be 300 feet (100 m) to 500 feet (150 m) long and shall consist of the application courses specified.
The test strip shall be constructed at the same time of day or night that the full production of microsurfacing will be placed and may be constructed in 2 days or nights when multiple course applications are specified.
The Engineer will evaluate the completed test strip after 12 hours of traffic on the completed test strip to determine if the mix design and placement procedure are acceptable. If the mix design or the placement procedure is determined by the Engineer to be unacceptable, the test strip will be 56 rejected, the Contractor shall make modifications, and a new test strip shall be constructed and evaluated by the Engineer. The cost of materials and placement of the test strips, which have been rejected, shall be borne by the Contractor and will not be considered as part of the contract work.
If ordered by the Engineer, rejected test strips shall be removed at the Contractors expense.
Repair of Early Distress:
If bleeding, raveling, delamination, rutting, or washboarding occurs after placing the microsurfacing, the Contractor shall diligently pursue repairs by any method approved by the Engineer, which may include micro-milling and replacement of the resurfacing.
Measurement and Payment:
Measurement for payment shall be taken from edge of pavement to edge of pavement, or from lip of the gutter to lip of gutter.
Payment shall be at the unit price bid per square yard and shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals to perform all work involved in microsurfacing, as specified in these Special Provisions and as directed by the Engineer.
ITEM NO. 16 - CONCRETE PAVEMENT
Concrete pavement shall be placed as shown on the plans or as directed by the Engineer and shall conform to Section 19 of the City Standard Specifications, Section 52 of the State Standard Specification, and these Special Provisions.
Payment shall be at the unit price bid per cubic yard delivered and placed and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals and for doing all work involved in placing concrete pavement as shown on the plans, as specified in the City Standard Specifications, State Standard Specifications, these Special Provisions and as directed by the Engineer.
ITEM NO. 17 - BASE REPAIR
This item shall consist of sawcutting, removing and replacing asphalt concrete, base, and native material in designated areas as shown in the Appendix and as directed by the Engineer. • 34th Street, 5th Avenue to Truckee Way (6” depth AC from existing grade)” For all areas requiring base repair, the contractor shall grind the existing asphalt concrete pavement and underlying base to the depth indicated in the Appendix, these Special Provisions, or as directed by the Engineer and backfill the resultant excavation with Hot Mix Asphalt (Type A) as specified in these Special Provisions and as directed by the Engineer.
Cut lines with the existing pavement that is to remain shall be vertical, straight, and uniform having a clean, sharp edge. Cut lines shall be constructed parallel and/or at right angles to the direction of traffic flow.
The subgrade material remaining in place shall be graded to a plane, brought to optimum moisture content, and the upper 6” compacted to not less than ninety-five percent (95%) relative 57 compaction. Areas of the grading plane that are low as a result of over excavation shall be filled, at the Contractor’s expense, with hot mix asphalt (Type A).
Base repair shall conform to Section 22, of the City Standard Specifications, Sections 19 and 39 of the State Standard Specifications, these Special Provisions and as directed by the Engineer.
The nominal compacted thickness is specified in the Special Consideration Section these Special Provisions. The actual base repair thickness shall not vary more than one-quarter inch (1/4") from the nominal thickness specified.
Hot mix asphalt e shall be used in base repair. Asphalt binder to be mixed with the aggregate shall be performance graded asphalt binder PG 64-10 and shall conform to Section 92-1.02(B) of the State Standard Specifications. The Contractor shall be responsible for furnishing to the Engineer the design of a job mix formula, which shall be prepared by an approved testing laboratory.
Placement of hot mix asphalt shall not occur until the Contractor has received approval of the jobmix formula (including test results) submitted in accordance with the City Standard Specifications, and these Special Provisions.
Where directed by the Engineer, suitable feathered connections to existing pavement shall be made using a No. 4 maximum grading aggregate or a 3/8" maximum grading aggregate, in conformance with State Standard Specifications, Section 39.
Transverse paving joints shall be checked with a ten-foot straight edge. When a ten-foot straight edge is placed across the transverse joint and parallel to the street centerline, the transition between finished surface and existing pavement shall not vary more than one quarter inch (¼”) from the bottom of the straight edge.
The elevation difference between new and existing pavement at joints constructed where the work intersects existing cross-streets, and at asphaltic concrete curb ramps, shall not exceed 1/8".
Conformance to this requirement shall be checked by measuring the elevation difference between the existing pavement and the bottom edge of a four foot (4') straight edge. The straight edge shall be placed on the new asphalt surface in a direction perpendicular to the street centerline, and with one end directly over the joint. It shall be held to the new pavement such that the greatest portion of its length abuts the pavement surface.
Any variations exceeding these limits or the tolerance requirements of Section 22-8 of the City Standard Specifications, shall be corrected by a method approved by the Engineer. Heating of the asphalt directly with an open flame or blowtorch and re-raking will not be permitted. The Contractor shall make every effort to implement the corrective measures on the same day as the asphaltic concrete was placed, or as soon thereafter as is practicable.
When constructing paving joints between new and existing pavement, the larger aggregate, which segregates from the mix during raking, shall be raked off the fresh mat, and shall be discarded. All such waste material from paving operations shall be removed from the site at the end of the day.
Longitudinal paving joints shall coincide with the edges of proposed traffic lanes, except that on streets in which traffic striping tape is to be inlaid, longitudinal joints shall be constructed at a one 58 foot (1') offset from the lane line. The Engineer may permit other patterns of placing longitudinal joints if he considers that such patterns will not adversely affect the quality of the finished product.
Longitudinal joints shall not coincide with the wheel paths of traffic lanes.
The Contractor shall cooperate with City forces in establishing a rolling pattern that will insure the obtainment of the maximum possible density in the compacted asphaltic concrete surface in accordance with Section 22-8 of the City Standard Specifications. Where the specified thickness of asphalt to be placed exceeds two and a half inches (2.5"), or where directed by the Engineer, compaction shall be achieved in two lifts. Compaction around the ends of median islands shall be achieved using a hand operated vibrating plate type compaction device immediately after placement of the hot mix asphalt.
Immediately after compaction operations are completed, the Contractor shall place, in a neat line, yellow temporary reflective raised pavement markers to delineate previously existing centerlines, and white temporary reflective raised pavement markers to delineate existing travel lanes. The temporary pavement markers shall be, at the option of the Contractor, one of the removable types listed elsewhere in these Special Provisions or approved equal. Markers shall be spaced at a minimum of 25' and a maximum of 50' apart or as directed by the Engineer. All work necessary, including any lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor.
Full compensation for furnishing and placing the temporary reflective raised pavement markers will not be paid separately but will be considered as included in the prices paid per ton of asphalt concrete.
All travel lanes shall be paved substantially equal at the end of the day.
Excavated material shall be the property of the Contractor and shall be disposed of away from the project site. The Contractor shall have written permission from the owner upon whose property the disposal is to be made before any material is deposited thereon.
Measurement for payment for excavation of base repair areas and placement of asphalt concrete shall be based upon the weight of the asphalt concrete placed.
Payment shall be made at the unit price bid per ton placed and shall include full compensation for furnishing all labor, material, tools, equipment and incidentals, and for doing all work involved in performing base repair as specified in the City Standard Special Specifications, State Standard Specifications, these Special Provisions, and as directed by the Engineer.
ITEM NO. 18 - CURB AND GUTTER TYPE 2
ITEM NO. 19 - CURB AND GUTTER TYPE 2 MODIFIED
Curb and gutter, type 2 and type 2 modified, shall be constructed as shown on the plans or as directed by the Engineer and shall conform with Sections 10 and 24 of the City Standard Specifications, Section 90-1.03B(3) of the State Specifications, and these Special Provisions.
The curb and gutter portion of the curb ramps and transitions to existing curb and gutter of a different type shall be paid for with this item of work. 59 The new curb and gutter shall match existing improvements. The curb and gutter shall match existing color by adding one pound of Lamp Black per cubic yard of concrete.
Payment shall be at the unit price bid per linear foot and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in constructing curb and gutter type 2 and type 2 modified, as shown on the plans, as specified in the City Standard Specifications and these Special Provisions, and as directed by the Engineer.
ITEM NO. 20 - SIDEWALK
Sidewalk shall be constructed as shown on the plans or as directed by the Engineer and shall conform with Sections 10 and 24 of the City Standard Specifications, Section 90-1.03B(3) of the State Standard Specifications, and these Special Provisions.
The new sidewalk shall match existing improvements. The sidewalk shall match existing color by adding one pound of Lamp Black per cubic yard of concrete.
Payment shall be at the unit price bid per square foot and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in placing PCC sidewalk and aggregate base as shown on the plans, as specified in the City Standard Specifications, the State Standard Specifications, and these Special Provisions, and as directed by the Engineer.
ITEM NO. 21 - CURB RAMP
Curb Ramps shall be constructed as shown on the plans or as directed by the Engineer and shall conform to Sections 17 and 19 of the City Standard Specifications, Section 90-1.03B(3) of the State Standard Specifications, and these Special Provisions.
The new curb ramps shall match existing improvements. The curb ramps shall match existing color by adding one pound of Lamp Black per cubic yard of concrete.
Retaining curbs within the limits of the curb ramps shall be included in the price paid for the curb ramp.
Payment shall be at the unit price bid per square foot, delivered and placed, and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals and for doing all work involved in placing curb ramps and aggregate base, as shown on the plans, as specified in the City Standard Specifications and these Special Provisions, and as directed by the Engineer.
ITEM NO. 22 - DETECTABLE WARNING SURFACE
Cast in place detectable warning surfaces shall be installed as shown on the plans or as directed by the Engineer and shall conform with Section 38 of the City Standard Specifications and these Special Provisions.
This item includes all detectable warning surfaces placed on curb ramps and on hot mix asphalt, as shown on the plans.
60 Detectable Warning Tiles shall be Armor Tile, ADA Solutions or approved equal, as manufactured by Engineered Plastics Inc.: Product (#1) #ADA-C3648S-YW, Cast in Place, , Sound Amplifying, Color Federal Yellow, Product (#2) #ADA-S-3648-YW, Surface Applied, Sound Amplifying, Color Federal Yellow or ADA Solutions Product (#1) # 3648IDPAV1Y, Cast in Place, Sound Amplifying, Color Federal Yellow, Product (#2) # 3648IDRET1Y, Surface Applied, Sound Amplifying, Color Federal Yellow.
Installation of detectable warnings shall be by manufacturer trained and certified individuals.
Detectable warning and installation shall have a five (5) year written warranty.
Payment shall be at the unit price bid per square foot and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in installing detectable warning surface as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.
ITEM NO. 23 - DRIVEWAY
Driveway shall be constructed as shown on the Plans or as directed by the Engineer and shall conform with Sections 10, 19, and 24 of the City Standard Specifications, Section 90-1.03B(3) of the State Standard Specifications, and these Special Provisions.
Driveways and conforms shall be constructed of Class "C" Portland cement concrete mix.
Existing driveway and walkway shall be sawcut at the locations marked by the Engineer in the field.
Driveway surfacing that has been removed in order to construct new driveway conforms shall be temporarily resurfaced with aggregate base if the time between removal and replacement will exceed three (3) calendar days. Once the existing driveway surfacing has been removed, the driveway conform area shall be maintained in a dust-free, finish graded condition until the permanent driveway conforms are constructed.
The area around reconstructed driveways shall be finished graded as directed by the Engineer.
Excavation for aggregate base beneath driveway and conform shall be included in the bid item for roadway excavation.
The City reserves the right to add, eliminate and /or modify any driveway in the field.
Payment shall be at the unit price bid per square foot, delivered and placed, and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals and for doing all work involved in placing Portland cement concrete, aggregate base, and reinforcing, as shown on the plans, as specified in the City Standard Specifications and these Special Provisions, and as directed by the Engineer.
ITEM NO. 24 - STAMPED CONCRETE
Stamped concrete (3-1/2” thick) shall be constructed where shown on the Plans. Contractor shall submit a color sample per the Specification to the Engineer for review and approval prior to placement.
61 This item shall include the Stamped Concrete treatment within the curb bulb-outs.
The Stamped Concrete section shall consist of 3-1/2” Stamped Concrete over 4” AB Class 2. The AB Class 2 is paid for under a separate item of work. Paving work shall include deep tool joints (1” min. deep) at 13’ on center maximum. Expansion joints shall be placed adjacent to all vertical surfaces.
MATERIALS:
Provide and install all Stamped Concrete Color Hardener and release agents. Color Hardener shall be regular grade and Release Agent shall be a dry powdered, colored agent used to facilitate release of the imprinting tools from concrete surface, and to provide moderate color variations to the textured surface. Provide and apply sealer. All edges of all imprinted slabs shall be left uncolored (e.g. adjacent concrete curbs).
Concrete shall have a minimum compressive strength of 3,500 psi. Portland cement shall conform to ASTM C 150 Type I, II, or V, depending on soil conditions. Install in a separate pour from the curb.
Expansion Joint Fillers: ASTM D 994; asphaltic compound strips, ½” thick unless otherwise noted, precut to proper size; on-grade slabs, walks, curbs, gutters, and similar flatwork where joints are not otherwise noted or specified.
Coloring, Imprints, Curing and Sealing Materials:
Color Hardener: The concrete shall be colored with “Brick Red” Color Hardener (Regular Grade). Pattern shall be Brick Red “6-inch square Grid” pattern, stamped perpendicular to adjacent concrete curb. See Plans.
All paving shall be reinforced with 10 gauge welded wire fabric, 6” X 6” grid openings. Set fabric in center of concrete section.
All stamped concrete shall be sealed in accordance with the manufacturer’s recommendations, and as noted below.
INSTALLATION:
The area to receive stamped concrete shall have the sub-grade prepared as required in Sections 14 and 24 of the Standard Specifications these Specifications, the Plans and these Special Provisions.
Placing:
Formwork shall be installed in accordance with the City of Sacramento Standard Specifications and as noted in these provisions.
Absorbent forms shall be thoroughly wetted before concrete is placed. Aggregate base/sand beds for slab-on-grade shall be moist but not saturated when concrete is placed.
Placing of concrete shall be done immediately after mixing. No concrete shall be placed or used after it has begun to set and no retempering will be allowed. The method used in placing shall be such that concrete is conveyed to place and deposited without separation of the ingredients. No concrete shall be placed with a free unconfined fall in excess of five (5) feet not shall it be allowed 62 to cascade through reinforcing steel in such a manner as to promote segregation. So not support runways on reinforcing steel.
Splash or accumulations of hardened or partially hardened concrete shall be removed. Contact faces of forms for exposed concrete shall be protected from splash during placing of adjacent concrete. Concrete containing piping shall be placed in a manner that will prevent damage to pipes.
Placing of concrete shall be carried on in a continuous operation without interruption until placing of course, section, panel or monolith is completed.
Distribution of concrete shall be even and continuous and no pour joints shall show. Before a pour is started, make certain that adequate equipment, workers and concrete will be available to pour in cycles, which will permit proper and thorough integration of each layer on concrete. Upon stopping of pour, the top surface shall be on a level. Points of deposit in walls shall be spaced so that it will not be necessary for concrete to flow laterally more than 24 inches.
No concrete shall be placed for any element until reinforcing of same is fastened in place and until forms are complete. No concrete shall be placed before work that is to be embedded has been set.
Notify other crafts so they may deliver anchors, inserts, etc., or other work to be embedded in ample time and also notify them when their assistance is setting is required. Reinforcing or other materials that have been set in place shall not be disturbed.
No piped except electrical conduits 1-1/4” and less in diameter shall be embedded in structural concrete. Before placing concrete, such pipes and large conduits shall be sleeved providing ½” clearance, minimum all around. Sleeves shall be positioned so as not to impair strength of surrounding elements. Sleeves and inserts will be provided and set under the other section of the work.
Remove debris, mud and water from places to receive concrete. Verify depths of any depressed slab conditions for suitability with type and method of surfacing to be applied over the concrete.
Install various inserts, anchorages, etc., required by public and private utility companies to accommodate miscellaneous metal items and equipment furnished by them.
Concrete splash and/or grout shall be removed from surfaces that will receive finish. Provided protection of all finished surfaces so not to splash concrete on other finishes.
Place no concrete in water unless written permission form Structural Engineer has been obtained.
Maintain continuous and accurate log of placing of concrete in structure.
Notify Engineer 48 hours minimum prior to placing of any concrete.
Provide continuous inspection during the placement of concrete.
Provide reinforcement to paving as noted above.
Place, screed, and slope paving to finished grade, and floated to a uniform surface using standard finishing techniques.
63 Vibration and Compaction:
Concrete shall be thoroughly compacted be means of internal mechanical vibrators. Place vibrators directly in concrete at 18” to 30” intervals, for a period of approximately 5-15 seconds and withdraw slowly, or as directed, depending on the consistency of the concrete. One vibrator will be required for each location where simultaneous placing takes place, to ensure thorough vibrating of all sections. Provide sufficient spare vibrators on the job so as to have them readily available in case any vibrator in use should cease to function properly. If original spare vibrators must be used, provide additional spares. Under no condition shall vibrator be placed against reinforcing steel or attached to forms. Vibrators may not be used to transport materials.
Vibrator shall be of the flexible immersion type having frequency of not less than 7000 rpm.
Voids and rock pockets shall be eliminated; voids and rock pockets in exposed concrete may be cause to reject that portion of the Work.
Construction Joints:
Placement of construction joints and the manner in which they are provided shall be only as approved or as shown on the Drawings. Construction joints shall be as few as possible and will not be permitted simply to save forms. Submit shop drawings of construction joints showing proposed locations and details. Submit for review prior to forming or placing concrete.
Construction joints, including keys, shall be cleaned and roughed by removing entire surface and exposing clean aggregate, solidly embedded, by means of sandblasting or other approved methods.
Forms and reinforcing shall be cleaned of drippings, debris, etc. Just before starting of new pour, horizontal surfaces shall be covered with ½” to 1” thickness of grout that is composed of cement and fine aggregate of the same proportion as that used in concrete work, but omitting the 1 ½ ” aggregate when 1 ½” is the maximum size or omitting half of the ¾” aggregate where ¾’ is the maximum size. Proportions will be determined by the testing agency.
Expansion Joint Fillers:
Place filler material so that the top of the surface is level and aligned uniformly ¼” below adjacent concrete surface; provide where walks abut vertical surfaces, at not over 20 foot centers horizontally in paving, and at other locations so noted on the Drawings. Follow Drawings for pattern, where indicated; where not indicated, coordinate locations with Engineer before proceeding.
Color Hardener shall be applied evenly to the surface of the fresh concrete by the dry-shake method using a minimum of 60 pounds per 100 square feet. It shall be applied in two or more shakes, floated after each shake and troweled only after the final floating. Prior to shake, thoroughly mask off adjacent concrete not intended to be colorized.
Clear Liquid Release Agent shall be applied evenly to the troweled surface prior to imprinting.
While still in its plastic stage of set, the imprinting tools shall be applied to the surface.
After the initial curing period, the surface of the slab shall be sealed with Color over the red brick for antiquing and penetrating sealer.
64 Payment shall be at the unit price bid per square foot and shall include full compensation for furnishing all labor, material, tools, equipment, incidentals and for doing all work involved in constructing colored concrete as shown on the Plans, as specified in these Special Provisions and as directed by the Engineer.
ITEM NO. 25 - RESET MODULAR CURB WITH DELINEATORS
This item shall consist of removing and resetting doweled in curb with delineators, as shown on the plans, and shall conform to Section 32 of the City Standard Specifications, these Special Provisions, and as directed by the Engineer.
Payment shall be at the unit price bid per linear foot and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals and for doing all work involved in resetting modular curb, as shown on the plans, as specified in the City Standard Specifications and these Special Provisions, and as directed by the Engineer.
ITEM NO. 26 - ROADSIDE SIGN-ONE POST
This item shall consist of installing roadway sign and new posts shall conform to Section 32 of the City Standard Specifications, Section 82-3 of the State Standard Specifications as shown on the plans or as directed by the Engineer and these Special Provisions.
A sign material and installation submittal must be reviewed and accepted by the Engineer before fabrication and installation.
The Contractor shall notify the Engineer two (2) working days prior to placement of the posts. The Contractor shall review the proposed post location with the Engineer and a supervisor from the City’s Traffic Signs and Markings section prior to installation of the post. The Engineer may make adjustments to the proposed post location in the field.
The Contractor shall use the sign sizes as shown in the State of California, Department of Transportation Traffic Manual, unless specified otherwise on the Plans.
Signs located at the side of the roadway shall have a minimum height of seven feet (7’) from the adjacent ground to the bottom of the sign, unless specified otherwise.
Each sign shall have the date manufacture and a location number stenciled on the backside.
Location information shall consist of each sign having an individual number which will be recorded on a clean set of Plans during the sign installation and shall be turned in as part of the “Record Drawings”.
A. Sign Posts:
A 5/16-inch diameter cap screw with a plated rubber backwasher against the face of the sign and elastic stop nuts shall be placed through the sign and post at both top and bottom of each sign. A “V” notched piped saddle, to support the sign, shall be placed between the sign and the post.
B. Signal and Street Light Poles:
65 Place a 3/4-inch stainless steel banded strap and appropriate hardware at both top and bottom of each sign.
C. Sheeting Grade:
Sheeting Grade shall use ASTM Type 11 or 3M DG Cubed specifications designed to enhance nighttime visibility of traffic control signs and objects. Type 11 or 3M DG Cubed sheeting shall have a precoated adhesive protected by an easily removable liner.
D. Sign Material:
All signs shall be aluminum panels conforming to 5052-H38. All road signs shall be 0.08” thick with the exception of street name signs which shall be 0.125” thick.
All posts shall have a minimum resisting Moment of 400 foot-pounds. All posts shall be capped.
Post caps may be aluminum or galvanized steel. Bolts and miscellaneous metal hardware shall be galvanized or plated after fabrication in conformance with Section 75-1.05 of the State Standard Specifications.
Payment shall be at the unit price per each and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals and for doing all work involved in installing roadway sign panel and new posts as shown on Plans, as specified in the City Standard Specifications, these Special Provisions and as directed by the Engineer.
ITEM NO. 27 - ROADSIDE SIGN-STRAP AND SADDLE BRACKET METHOD This item shall consist of installing roadway sign using a strap and saddle bracket and shall conform to Section 32 of the City Standard Specifications, Section 82-3 of the State Standard Specifications as shown on the plans or as directed by the Engineer and these Special Provisions.
Payment shall be at the unit price per each and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals and for doing all work involved in installing roadway sign strap and saddle bracket method as shown on Plans, as specified in the City Standard Specifications, these Special Provisions and as directed by the Engineer.
ITEM NO. 28 - INSTALL ROADSIDE SIGN PANEL ON EXISTING POST This item shall consist of installing roadway sign panel on an existing post and shall conform to Section 32 of the City Standard Specifications, Section 82-3 of the State Standard Specifications as shown on the plans or as directed by the Engineer and these Special Provisions.
Payment shall be at the unit price per each and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals and for doing all work involved in installing roadway sign panel on existing post as shown on Plans, as specified in the City Standard Specifications, these Special Provisions and as directed by the Engineer.
ITEM NO. 29 - RAISED REFLECTIVE PAVEMENT MARKERS TO PLACE (BLUE) Raised reflective pavement markers shall be placed where shown on the Plans or as directed by the Engineer and shall conform to the applicable requirements of Section 32 of the Standard Specifications and these Special Provisions.
66 This item shall include the placement of blue raised reflective pavement markers to identify fire hydrants. See section 32 of the Standard Specifications for placement requirements of blue markers.
The cost of removing existing raised reflective pavement markers shall be included in this item of work.
Payment shall be based on final pay quantity per each placed and shall include full compensation for furnishing all labor, material, tools, equipment, incidentals and for doing all work involved with placing raised reflective markers as shown on the Plans, as specified in these Special Provisions and as directed by the Engineer.
ITEM NO. 30 - THERMOPLASTIC TRAFFIC STRIPE DETAIL AND PAVEMENT
MARKINGS TO PLACE
Thermoplastic and preformed traffic stripes and markings shall be removed to the fullest extent possible from the pavement by grinding. Grinding material left on the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of grinding material, which might constitute a hazard to traffic, will not be permitted.
At least one week prior to performing any work, the Contractor shall be required to provide and submit to the Engineer a weekly schedule of work for each week showing a list of streets in order of performance. A contact person and phone number of responsible parties shall be affixed to this list. The Contractor shall also provide to the Engineer a list of all striping and marking quantities removed for each day worked, by 10:00 AM the following day.
The Contractor shall place temporary markers prior to removing traffic control measures during the striping and markings removal operation. Temporary markers shall be maintained until permanent striping and markings are in place. See section 1.28.
The quantities of traffic stripes and pavement markings may be adjusted, deleted, or omitted as directed by the Engineer to meet the existing requirements. No adjustment to the unit price bid will be made because of a change in quantity from the Engineer's estimate.
Payments on a monthly basis will be made based on an agreed upon percent complete amount.
Payment shall be made based on the final pay quantity indicated on the Sealed Proposal and will not be recalculated in the field.
Payment shall be at the lump sum price bid of traffic stripe detail and pavement markings removed per plan and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, for doing all work involved with this line item as shown on the Plans, as specified in these Special Provisions and as directed by the Engineer. 67 ITEM NO. 31 - BIKE LANE EXTENSION PAVEMENT MARKING (GREEN) Colored pavement, traffic stripes, and markings for bike lanes shall be placed where shown on the plans or as directed by the Engineer and shall conform to the applicable requirements of Section 32 of the City Standard Specifications, Sections 84 of the State Standard Specifications and these Special Provisions. All striping details shall be in conformance with the State Standard Plans (latest edition).
Material Properties
The colored pavement material shall be a methyl methacrylate (MMA) acrylic based resin system used for color pavement marking and anti-skid surfacing. The resin, catalyst, and aggregate compounds shall be capable of full cure in a wide range of temperatures without requiring external heat sources.
Properties Unit of Measure Test
Neat Resin
Tensile Strength 2000 psi (14MPa) min ASTM D638
Elongation 70% min ASTM D638
Tensile Modulus
of Elasticity 1370 psi (9.5 MPa) min ASTM D638
Hardness 15 – 20 Shore D ASTM D2240
Water Absorption 0.25% max ASTM D570
Density 13.42 lb/gal (1.6 gm/ml) ASTM D2849
Pot Life 15 minutes @ 72˚F (22˚C) AASHTO T237
Flash Point 50˚F (10˚C) ASTM D1310
Solids Content 99% ASTM D1644
Skid Resistant 45 minimum ASTM E274
Aggregate
Specific Gravity 2.65 ASTM C128
Hardness 7.0 Mohs Scale
Material Color
The daytime chromaticity coordinates for the color used for green colored pavement shall be as follows:
1 2 3 4
x y x y x y x y
0.230 0.754 0.266 0.500 0.367 0.500 0.444 0.555
The daytime luminance factor (Y) shall be at least 7, but no more than 35.
The nighttime chromaticity coordinates for the color used for green colored pavement shall be as follows:
68 1 2 3 4
x y x y x y x y
0.230 0.754 0.336 0.540 0.450 0.500 0.479 0.520
Surface Preparation
Before applying colored pavement material, cover manholes, valve and monument covers, grates, or other exposed facilities located within the area of application, using a plastic or oil resistant construction paper secured by tape of adhesive to the facility being covered.
All surfaces that are to receive colored pavement material shall be thoroughly clean, dry, and free of all dirt, grease, and other contaminates that might interfere with proper adhesion Clean the pavement surface using high pressure water, compressed air, sandblasting, shot-blasting, or mechanical abrasion. The surface should be visibly dry and the moisture content should be tested according to ASTM D4263 (modified to 2 hours). New asphalt shall have been placed for a minimum of 15 days prior to installation of the colored pavement material and surface oils shall not be present. The temperature of the pavement and air shall be between 40˚F - 104˚F (5˚C - 40˚C).
All areas to be coated shall be masked prior to application of primer and masked again prior to application of the colored pavement material.
Mixing and Application
Mixing and applying colored pavement material and primer shall be in accordance with the manufacturer's instructions.
Measurement
Colored Pavement for Bike Lanes (Green) shall be measured per square feet of green colored pavement material placed.
The quantities of colored pavement for bike lanes may be adjusted, deleted, or omitted as directed by the Engineer to meet the existing requirements. No adjustment to the unit price bid will be made because of a change in quantity from the Engineer's estimate.
Payment shall be at the unit price bid per square feet of green colored pavement material placed using colored pavement material and shall include full compensation for furnishing all labor, material, tools, equipment, incidentals and for doing all work involved with placing colored pavement for bike lanes as shown on the Plans, as specified in these Special Provisions and as directed by the Engineer.
69 ITEM NO. 32 - PAINT CURB (2-COAT)
Painting concrete curb (2-coat) shall conform to the provisions in Section 78-4, "Miscellaneous Coatings," of the State Standard Specifications, these Technical Specifications, and as directed by the Engineer.
Payment shall be at the unit price per square foot and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in painting curb as shown on the plans, as specified in the City Standard Specifications, these Special Provisions and as directed by the Engineer.
ITEM NO. 33 - RECTANGULAR RAPID-FLASHING BEACON
The work to be performed for this item, in general, includes furnishing and installing all necessary equipment and materials for the installation of rectangular rapid flashing beacon as indicated on the Plan sheets and these Special Provisions.
The Contractor shall provide and install new pull boxes, conduit, conductors, AC-powered Rectangular Rapid Flashing Beacon systems, and all appurtenances, as specified on the Plans and these Special Provisions.
The Contractor shall also provide and install traffic signal poles, pedestrian pushbuttons, traffic signal rectangular rapid flashing beacons, mounting brackets, foundations, metered service pedestal with foundation, and all appurtenances shown on the Plans and called for in these Special Provisions to ensure a complete installation and functioning traffic signal system.
The Contractor shall make all coordination with SMUD for service point location and power hookup.
Work also includes removing all project related Underground Service Alert (USA) marks from the project site. The Contractor shall also remove all tire marks, equipment marks, machinery marks, and other liquids, such as oil and machinery coolant, on the sidewalk, driveway, curb ramp areas that was caused by the Contractor during construction.
Work also includes surface restoration of all trenches or sidewalk damaged or removed for installation of traffic signal poles, service cabinets, and associated foundations.
Payment shall be at the lump sum price bid and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, for doing all work involved with this line item as shown on the Plans, as specified in these Special Provisions and as directed by the Engineer. 70 SECTION NO. 3 - ELECTRICAL PROVISIONS WHICH APPLY TO ALL
ELECTRICAL ITEMS
ELECTRICAL COST BREAKDOWN
The Contractor shall provide a Schedule of Values (cost break-down) for each lump sum electrical item(s). The Schedule of Values (cost break-down) shall be provided by 4:00 p.m. on the fourth working day after the bid opening. If the lump sum item cost break-down is not submitted within the specified time, the bid will be deemed as non-responsive. The cost breakdown shall be submitted to Jose Ledesma, Contracts Manager, at 915 I Street, Suite 2000, Sacramento, CA 95814, or by email at [email protected] .
The sum of the amounts for the units of work listed in the cost break-down for electrical work shall be equal to the contact lump sum price bid for the work. The unit price is the material and installed cost with overhead, profit, and labor.
The Contractor shall determine the quantities to complete the work shown on the plans. The Contractor shall be responsible for the accuracy of the quantities and values. No adjustment in compensation will be made in the contract lump sum prices paid for the various electrical work items due to any differences between the quantities shown in the cost break-down furnished by the Contractor and the quantities required to complete the work as shown on the plans and as specified in these Special Provisions. At the Engineer’s discretion, the approved cost break-down may be used to determine partial payments during the progress of the work and as the basis of calculating the adjustment in compensation for the items of electrical work due to changes ordered by the Engineer. When an ordered change increases or decreases the quantities of an approved cost breakdown, the adjustment in compensation may be determined, at the Engineer’s discretion, in the same manner specified for increases and decreases in the quantity of a contract item of work in accordance with Section 9-1.06 of the State Standard Specification. The cost break-down submitted by the responsive qualified low bid contractor shall be approved by the Engineer before any partial payment for the items of electrical work shall be made based on the cost break-down.
The cost break-down shall include, but is not limited to: type of equipment, estimated quantity, and unit price ($/LF or each). See below for sample items. Some items from the list may not apply to the project, and other items may need to be included. The Contractor shall submit breakdown in a spreadsheet format.
Conduit – list each size (2”, 3”, etc.), installation method, quantity (LF), unit price ($/LF).
Conductor – list each size (#6, #8, etc.), quantity (LF), and unit price ($/LF).
Pull Box – list type (#5, #6, etc), quantity, and unit price ($/EA).
Electrical Service – type (metered or unmetered), quantity, and unit price ($/EA).
Traffic Signal and Streetlight Standards with Foundation – list each standard (such as 1-B, Type 16, post top, mast arm, ornamental, etc), quantity, and unit price ($/EA).
Luminaires – type (200 watt fixture, etc.), quantity, unit price ($/EA). 71 Traffic Signal and Pedestrian Displays – quantity and unit price ($/EA).
Pedestrian Push Button – quantity and unit price ($/EA).
Detector Loop – type (5’x5’, 6’x6’, etc), quantity and unit price ($/EA).
Detector Lead-In Cable – quantity and unit price ($/LF).
Detector Handhole – quantity and unit price ($/EA).
Emergency Vehicle Detector System – quantity and ($/EA).
Traffic Signal Controller and Cabinet – quantity and unit price ($/EA).
Battery Back-Up System – quantity and unit price ($/EA).
Interconnect Cable – quantity and unit price ($/LF).
11.1 Conduit Material
JM Eagle and PW Eagle are not acceptable conduit materials.
A. General – Schedule 40
Conduit to be installed underground shall be Schedule 40 polyvinyl chloride (PVC) or Schedule 40 polyethylene conduit as described herein unless otherwise indicated or specified.
PVC conduit shall comply with the specifications in Section 34-10 of the City Standard Specifications. High-density polyethylene conduit shall comply with the following specifications:
Conduit shall be fabricated from polyethylene shall be in conformance with applicable ASTM and NEMA standards and Article 347 of the National Electrical Code. Non-black polyethylene conduit shall contain not less than 2500 parts per million (ppm) of a hindered amain ultraviolet light stabilizer. Ultraviolet stabilization additive for black polyethylene conduit shall consist of a carbon black loading of 2.5% ± 0.5% by weight.
Conduit shall be manufactured from high-density polyethylene resin designated as Type III, Category 5, Class C, Grade P34 material in accordance with ASTM D1248.
Duct seal shall be installed on all conduits.
All new conduits starting/terminating in pull boxes shall have End Bells.
B. High Density Polyethylene (HDPE) Conduit
HDPE conduit shall be manufactured to UL 651A specifications, compliant with NEC Article 353, and Schedule 40, unless otherwise specified. HDPE conduit shall have high tensile strength-to-weight ratio, crush resistance, low coefficient of friction for directional drilling. 72 11.2 Conduit Installation
Conduit installation shall be in accordance with Section 34-9 and 34-10 of the City Standard Specifications and as modified by these Special Provisions. “Jet-rodding” is not permitted.
Conduits terminating in pull boxes, standards, pedestals and cabinets shall rise vertically and shall not slope in any direction. Conduits terminating in standards, pedestals, and cabinets shall terminate one and one-half inches (1½") above finished grade. Conduits shown on the Plans to be adjacent and parallel to each other shall be installed in the same trench or drill hole unless otherwise specified or directed by the Engineer. Under the sidewalk, conduit shall be laid to a depth of not less than eighteen inches (18”) below the sidewalk grade.
Conduits shall be installed by trenching or directional drilling method.
All applicable requirements in these Special Provisions to locate, and to protect existing utilities, utility laterals, obstructions, and other facilities in the area shall be conformed to and no additional compensation will be allowed therefor. The Contractor is responsible for any damage and the repair of any existing facilities damaged by his/her trenching or drilling operations. The Contractor is responsible for any potholing necessary and cost for potholing shall also be included in price paid for applicable items of work and no additional compensation will be allowed therefor. All trenching or drilling work shall be contained within the City right-of-way. If utilities or other obstacles are encountered at the specified conduit depth, any additional drilling required to avoid the obstacle shall be made at the Contractor’s expense and no additional compensation will be allowed therefor. Location of trenching and drill holes shall take into consideration minimal impact to the street pavement while still meeting the requirements of these Special Provisions.
The Contractor shall replace roadway striping and markings with same material if damaged by directional drilling, bore pits, potholes, or trenching. Replacement striping and markings shall be thermoplastic or paint, per the City of Sacramento Standards.
The Contractor shall use the following PVC pipe cement to join conduits and fittings: Premier Cement PVC All Temperature One Step Blue or Christy’s Red Hot Blue Glue for Schedule 80 thru 4” diameter.
A. Trenching Method
Installation of conduit by trenching shall be in conformance with the Plans and these Special Provisions. See plan sheets for trench details. Trenches shall be backfilled or covered at the end of each work day. All conduit installed by trenching shall be anchored every 15 feet to the bottom of the trench, with an approved method, so as to prevent the conduit from floating when the concrete is backfilled into the trench.
1. Trenches in reconstructed roadways shall be backfilled with slurry Portland cement per cubic yard and fine type aggregate as defined in Section 10-5 of the City Standard Specifications. A red oxide in the amount of 5 lbs. per cubic yard shall be mixed uniformly throughout the slurry cement. See plan sheets for amount of sack slurry and depth of conduit(s).
73 2. Trenches in existing roadways shall use the “T-Trench” method. The portion over the trench shall be paved with asphalt concrete, Type A with ¾” aggregate (coarse); except on residential streets where the base course shall be Type A, ¾” aggregate (coarse) and surface coarse shall be Type B, ½” aggregate, (medium), per Section 22 of the City Standard Specifications, unless otherwise directed by the Engineer.
See plan sheets for width and thickness of asphalt concrete over trench. Trenches shall be backfilled with slurry Portland cement per cubic yard and fine type aggregate as defined in Section 10 of the City Standard Specifications. A red oxide in the amount of 5 lbs. per cubic yard shall be mixed uniformly throughout the slurry cement. See plan sheets for amount of sack slurry.
B. Directional Drilling Method
Installation of conduit by directional drilling shall be in conformance with the plans and these Special Provisions.
Conduits shall be installed such that the top of the conduit(s) are not less than eighteen inches (18”) below the finished grade in sidewalk areas and not less than thirty inches (30”) in all other areas except as otherwise specified or directed by the Engineer.
Prior to the start of directional drilling, the Contractor shall submit a plan which identifies location and size of proposed drill holes, describes process for identifying/locating existing utility services and other underground utilities or obstructions, identifies a proposed “drilling corridor” to avoid conflicts with existing utilities, services and other facilities. This plan shall be submitted to the Engineer a minimum of ten (10) working days prior to the start of work.
The Contractor will not be allowed to directional drill until an approved plan is on file with the Engineer
Directional drilling shall be performed by the technique of creating and directing a bore hole along a predetermined path to a specified targeted location where indicated on the plans to install conduits. The technique shall involve the use of mechanical and hydraulic equipment to change the boring course and shall use instrumentation to monitor the location and orientation of the boring head assembly along the predetermined course. Drilling shall be accomplished with fluid-assisted mechanical cutting. Unless otherwise approved, boring fluids shall be a mixture of bentonite and water or polymers and additives. Bentonite sealants and water will be used to lubricate the drilling head. It is mandatory that minimum pressures and flow rates be used during drilling operations so as not to fracture the subgrade material around and/or above the bore. Uncontrolled jetting (where the primary purpose is to use fluid force to erode soil for creation of the final bore hold diameter) is prohibited. The drilling system shall utilize small-diameter fluid jets to fracture, and mechanical cutters to cut and excavate the soil as the head advances forward.
All drilling shall be located a minimum of three feet (3’) from the center of all existing maintenance holes. Drilling that run parallel to any sanitary sewer or storm drainage lines shall maintain a minimum clearance of three feet (3’) measured from the centerline of the sewer or drainage line to the adjacent side of the drill hole. Drilling that crosses any sewer or drainage line shall cross at 90 degrees to the line or at a minimum of 45 degrees if a 90-degree crossing is not possible.
74 11.3 Conductors
Conductors shall be in accordance with Section 34-12 of the City Standard Specifications, except for the following:
1. If the existing ground wire (green 1#10 THW) is used as a pullwire, a new ground wire shall be pulled with the new conductors or cables, unless otherwise specified.
2. Unless otherwise noted, insulation Types THHN and THWN are not approved for installation.
3. The electrolier leads from base to lamp socket shall be No. 12 THW solid wire with 45 mils insulation suitable for 600-volt service for historic decorative, post top and mast arm electroliers.
4. All conductors of AWG #10 or larger shall be identified by printed and embossed labels. #1, #6, #8, #10 conductors shall be printed and embossed.
a) Both printed and embossed labels shall clearly identify the UL listing, insulation type, voltage rating, AWG number, and the City of Sacramento. b) The printed label and the embossed label shall be placed at approximately 90 degrees separation around the center of the conductors.
c) Labels shall appear every one foot interval. Embossed labels shall be between 0.002” to
0.003” in depth and shall not damage the conductors. Label heights shall be no less than 3/32” for AWG #8 or larger, and shall be no less than 2/32” for AWG #10.
11.4 Inspection
Inspection shall be in accordance with Section 34-22 of the City Standard Specifications and these Special Provisions.
11.5 Mastarm Streetlight
A. General
Mastarm streetlights standards, Type 15TS, and foundation shall be installed in accordance with the latest California Department of Transportation Standard Plans, unless otherwise specified in these Special Provisions and Plans. Remove concrete forms on poles upon project completion. Remove all plywood, forms, excess and leftover concrete, and other debris as a result from construction upon project completion.
B. Luminaire
Luminaires to be installed shall be specifically designed for LED use and rated for up to 100,000 hours of operation. Luminaires shall be designed to produce asymmetric distributions conforming to the Illuminating Engineering Society light pattern Type III unless otherwise specified. Luminaire shall utilize a heat sink to efficiently draw heat away from the LED chipset.
The units shall be suitable for two-inch (2") slip filter and mounting. 75 All new luminaires to be installed shall be inspected by the Engineer prior to installation.
Luminaires shall be supplied without photo cell receptacles unless otherwise called for the Plans. All luminaires supplied with photo cell receptacles that will not be used shall be required to completely bypass the receptacle and a shorting plug shall be securely installed in the receptacle.
C. LED
The following luminaires are approved products for mastarm streetlights:
• EOI eLite Star SL3c-M LED Street light – model # ESU D A01 3M 032 42 M 700 (type 3 Distribution)
• EOI eLite Star SL3c-M LED Street light – model # ESU D A01 5M 032 42 M 700 (type 5 Distribution)
The luminaire shall be type III with a minimum CRI of 70 and a CCT of 4000K, unless otherwise specified.
See “Equipment to be Supplied” section of this special provision for submitting approved equal products.
11.6 Metered Electrical Service For Traffic Signals
The new metered service pedestal shall be supplied and installed as shown on the Plans and shall conform to the serving utility requirements. Service shall be wired for 120/208 volts or 120/240 volts and single phase as shown on the Plans.
4 Jaw meter for 120/240 Volts application.
5 Jaw meter for 120/208 Volts application.
The Contractor shall connect the luminaires to the circuits designated on the Plans. The Contractor shall also install the service conduit and wires to the SMUD service point in accordance with SMUD’s requirements. The Contractor shall protect and lock the service pedestal during construction. After construction is completed, the Contractor shall provide for each pedestal a master lock which will accept a Type 2214 key.
The service pedestal shall be fabricated in accordance with the dimensions shown on the service pedestal detail drawing in the traffic signals / street lighting standard details in the plan sheets.
The overall dimensions of the enclosure shall be 63" high x 12" wide x 7.25" deep. The service pedestal shall consist of a separate metering section and a service section. The meter section shall have a removable cover-top, side, and front sections welded together so that it is rain tight and padlockable.
The service pedestal shall be fabricated from 14-gauge Type 304D stainless steel and as described under the following paragraph in the State Standard Specifications section 86-3.07A, "Cabinets fabricated from stainless steel shall conform to the following:". The mounting brackets shall be 10-gauge Type 304D stainless steel. All welds shall be of highest quality and ground smooth and finished so that grind marks are not visible.
76 The enclosure shall be rain tight and dust tight. All welds shall be ground smooth and finished so that grind marks are not visible. A hinged dead front plate with cutouts for the handles of the breakers and the switch shall be provided in addition to a hinged outside door equipped with a draw latch suitable for padlocking. Galvanized anchor bolts shall be inside or outside the service pedestal as shown on the Plans. 5/8” x 18” x 4” Anchor bolts (set of 4) shall also be provided.
The enclosure shall have no screws, nuts, or bolts on the exterior, except utility sealing screws.
All screws, nuts, bolts, and washers shall be stainless steel. All hinges and hinge pins shall be stainless steel. No surface of the pedestal shall be deflected inward or outward more than 1/16" measured from the intended plane of the surface.
A hinged dead front plate with cutouts for the handles of the breakers and the switch shall be provided. A hinged outside door equipped with a heavy duty draw latch and two (2) heavy duty hasps suitable for padlocking shall be provided for the service section. The dead front panel on the service enclosure shall have a continuous stainless steel piano hinge.
Service enclosures shall be factory wired and conform to NEMA Standards. All control wiring shall be stranded copper, No. 14 AWG THHN/THWN rated for 600 Volts. All control wiring shall be marked with permanent clip sleeve wire markers. Felt, pencil, or stick back markers will not be acceptable. A copy of the wiring diagram for the service pedestal shall be enclosed in plastic and mounted on the inside of the service section.
The terminal lugs or strips shall be copper or alloyed aluminum. All terminals shall be compatible with either aluminum or copper conductors.
The service pedestal shall have provisions for the installation of up to a total of 16 single-pole circuit breakers, including brass links and mounting hardware. All copper wiring used for main bussing shall be No. 2 AWG THHN/THWN and rated for 125 amperes. Branch circuit panel shall use loop wiring rated for 105 amperes with THHN/THWN insulation. All circuit breakers, contactors, and wire shall be listed by UL or ETL. The pedestal shall conform to the NEMA 3-R standard.
Nameplates of a reasonable size identifying the control unit therein shall be installed on the dead front panel. Nameplates shall be black laminated with a white plastic center. All nameplates shall be fastened by screws.
The entire service pedestal shall be constructed with the highest quality workmanship and shall meet all applicable codes. Complete submittal drawings on all substitutions shall be submitted to the Engineer in accordance with Section 34-3 of the City Standard Specifications. If the proposed substitute is rejected or if the submittal is not made within the specified time, the specified equipment shall be furnished.
Streetlight "ON" and "OFF" control will be by photo-electric cell. All conduits and wires shall be furnished and installed by the Contractor.
Mounted in each metered service pedestal shall be the following equipment:
77 1. One (1) 100Amp, 2 Pole, 120/240V, 10KAIC circuit breaker. Each main breaker shall have internal common trip. Each pole shall have individual on-off control and handle tie for common operation. Breaker shall be Siemens or approved equal.
2. One (1) 15Amp, 1 Pole, 120V, 10KAIC circuit breaker for control circuitry.
Breaker shall be Siemens or approved equal.
3. One (1) 100Amp, 2 Pole, 120/240V, 10KAIC circuit breaker. Each main breaker shall have internal common trip. Each pole shall have individual on-off control and handle tie for common operation. Breaker shall be Siemens or approved equal.
4. One (1) 15Amp, 1 Pole, 120V, 10KAIC circuit breaker for control circuitry.
Breaker shall be Siemens or approved equal.
5. Two (2) 60 Amp, 1 Pole, 120, 10KAIC circuit breakers for traffic signal. Breakers shall be Siemens or approved equal. These breakers are not metered when used in Traffic Signal application.
6. Two (2) 20 Amp, 1 Pole, 120, 10KAIC circuit breakers for street lighting.
Breakers shall be Siemens or approved equal. These breakers are not metered when used in Traffic Signal application.
7. One (1) 35 Amp, 3-pole, 120/240V contactor. Normally open, mercury contactors.
Contactors shall be Durakool or approved equal.
8. Photocell 120 VAC by Tork (5001M) or approved equal.
9. One oil tight "Hand-Off-Auto" selector switch.
10. One solid copper neutral bus.
11. Incoming terminals (landing lugs).
12. Solid neutral terminal strip.
13. Terminal strips for conductors within the cabinet.
11.7 Pull Boxes
Shall be in accordance with Section 34-11 of the City Standard Specifications, except for the following:
a. All new pull boxes shall be set in place prior to pouring any new sidewalk. b. Existing pull boxes damaged by the installation of new conduits shall be removed and replaced at the Contractor's expense as directed by the Engineer. 78 c. All pull boxes shall be placed in sidewalk areas unless otherwise specified on the plans or directed by the Engineer, and shall not be placed in driveways, in vehicular traveled lanes, or in any part of the new sidewalk handicap ramp areas. Unless otherwise specified, pull boxes shall be placed a minimum of 5 feet from existing driveways. d. The Contractor shall cut, remove and replace the concrete to the nearest joint when installing new pull boxes.
e. New pull boxes shall have a minimum of 6” of new concrete around all sides in sidewalks. f. For pull boxes to be removed, holes or depressions resulting from the removed pull box shall be filled, compacted, brought to grade, and filled to match surrounding materials. g. Pull boxes shall be placed as shown according to the details shown on the Plans and according to these Special Provisions.
h. Install pull box on top of crushed rock foundation. Adjust pull box to grade. The crushed rock foundation shall have a minimum of 12” in depth and continue to extend a minimum of 6” beyond the outside edge of the pull box. Compact crushed rock while maintaining integrity of conduit. Conduit and pull boxes shall not be damaged nor cracked. i. In instances where the pull box is installed in a planter box or dirt areas, the pull box shall be set to grade with a concrete ring, as shown in the standard detail drawings.
Locking Pull Box Security Lids for Street Lighting
1. No locking Security Lids shall be use on Pull Boxes containing traffic signal wiring.
2. All No. 5 and No. 6 Pull Boxes containing street light wiring shall have steel security lids with locking key bolts.
3. Security Bolts shall be Bryce Fastener #50 Penta-Plus approved equal.
4. Security Keys shall be Bryce Fastener 1GBP50 or approved equal.
5. Lid shall be ¼” thick minimum galvanized steel.
6. Lid shall be manufactured with slip resistant surface.
7. Lid shall be non-traffic rated, unless otherwise specified.
8. Lid shall be equipped with a lock mechanism which can be secured from the top of lid.
9. Lock bolt shall be recessed in 1 inch diameter circle
10. Lid shall be flush with top of pull box when the lid is completely secured and locked to the pull box.
11. No. 5 pull boxes shall have a single cam locking system or approved equal.
12. No. 6 pull boxes shall have a double cam locking system or approved equal.
13. Lid shall have a grounding lug.
14. Supply five sets of keys for the locks.
15. Supply two sets of lifting tools for the lid.
16. Lid shall be free of scratches, defects, and debris. Provided Lids shall be installed new.
17. Pull Box Lid shall be manufactured by LockLid Secure Utility Enclosure Lids manufactured by Jensen MetalTech or approved equal. Approved equal includes Sipra Corp and Wesco Mr Steel.
o #5 PB - Locklid 1324 Lid LL K-S TrxPlt Sac Glv;
79 o #6 PB – LockLid 1730 Lid LL K-SD TrxPlt Sac Glv).
o #5 PB Sipra Corp’s Lockjaw! Security lids
o #6 PB Sipra Corp’s Lockjaw! Security lids
o #5 PB WESCO’s Mr. Steel Security Security lids
o #6 PB WESCO’s Mr. Steel Security Security lids
18. A steel welding plug shall be provided by the manufacturer to be inserted into the 1- inch diameter recessed lock
11.8 Rectangular Rapid Flashing Beacon System
The Rectangular Rapid Flashing Beacon (RRFB) system shall be manufactured by Carmanah Traffic: SC315-G RRFB, AC Powered with Polara Bulldog pushbutton. The quantities of equipment are shown on the Plans.
• AC-Powered
• Dual Light Bar
• Polara Bulldog
• Carmanah Control Box Enclosure
• Signage and Placards
The RRFB shall be installed per the Plans with manufacturer approved mounting hardware.
11.9 Traffic Signals and Fittings
Traffic Signal Standards and Lighting Standards shall be in accordance with the State Standard Plans, unless otherwise specified in these Special Provisions or as shown on the plans.
A. Forms and Concrete and Debris
Remove concrete forms on traffic signal standards and service pedestals upon project completion. Remove all plywood, forms, excess and leftover concrete, and other debris as a result from construction upon project completion.
B. LED Countdown Pedestrian Signals
All pedestrian display shall be the combination Raised Hand/Walking Person figure and Countdown timer only. All pedestrian heads and framework shall come in black color.
Pedestrian signal face modules shall be designed to mount behind or replace the existing faceplate of Type A Pedestrian housings as specified by the requirements of the ITE Standards, “Pedestrian Traffic Control Signal Indications”, and the MUTCD. The pedestrian signal shall have an operating range of 80VAC to 135VAC. The pedestrian signal shall be fused and provide transient suppression for protection of line and load. The pedestrian signal shall have a high power factor > 0.9. The pedestrian signal shall have < 20% harmonic distortion.
The design of the modules shall require a specific mounting orientation. Each module shall provide an average luminous intensity of at least 3,750 candela/m2 for Upraised hand and 80 5,300 candela/m2 for the Walking person symbol throughout the useful life over the operating temperature range.
The uniformity ratio of an illuminated symbol shall not exceed 4 to 1 between the highest luminance area and the lowest luminance area in the module.
The color output of the module shall conform to the requirements of the ITE: ”Pedestrian Traffic Control Signal Indications” and the MUTCD.
The Hand Man symbols shall conform to all applicable ITE and State requirements. Raised Hand shall be Portland orange. Walking figure shall be lunar white. The module shall not require special tools for installation. The module shall fit securely into existing pedestrian signal section housings built to the PTCSH specifications without modification to the housing.
The pedestrian signal face shall be no less than 16” high. Aluminum housing.
The modules shall be a self-contained device, not requiring on-site assembly for installation into an existing Type "A" housing. The pedestrian signal shall be capable of displaying the LED “Raised Hand” legend. The numeral portion shall consist of two (2) seven segment digits, constructed of a minimum of 2 rows of LED’s, simultaneously. The pedestrian signal shall use overlays to diffuse the LED's and provide uniform light dispersion while keeping the symbols clear and distinct. The signal shall be configurable, such that the countdown timer can start at the beginning or the end of the “Walk” portion of the pedestrian phase.
Initially, the Contractor shall set the signal such that the Countdown timer starts at the beginning of the flashing “Don’t Walk/Raised Hand” portion of the phase and ends at the beginning of the solid “Don’t Walk/Raised Hand” portion of the phase.
Modules shall have filled hand/man.
E. Mounting Hardware
All slipfitters and terminal compartments shall be cast bronze. Clam shell mounting assemblies shall not be used.
No gaskets shall be used between the slipfitter and the traffic signal display. Seal connection with silicon gel.
F. Pedestrian Pushbuttons (ADA- Compliant)
The Polara Bulldog is an acceptable Pedestrian Push Button assembly.
Unless otherwise specified, pedestrian pushbuttons shall comply with the following features:
1. ADA-compliant pedestrian pushbutton, per applicable sections of the Cal MUTCD and United States Access Board recommendations.
2. Size of Button. The push buttons shall be a minimum of 2 inches (51mm) across. 81 3. Maximum Force. The force required to activate the push buttons shall be no greater than 3.5 pounds.
4. Operation. Push buttons shall operable with a closed fist.
5. Locator Tone. Locator tone shall be provided if specified by the Plans and these Specifications.
6. Visual contrast. Push buttons shall have a visual contrast with the body background of at least 70 percent.
7. Indicator. There shall be a visible and audible indicator that the button press has occurred.
8. Tactile arrow. There shall be a tactile arrow pointing in the direction of pedestrian travel controlled by the button.
9. Mounting Height. The centerline of the push button shall be mounted 42 inches above the clear ground space for approach.
10. Direction of control face. The control face of the push button shall be parallel to the direction of the crosswalk controlled by the push button.
The pedestrian button shall be heavy cast aluminum, powder-coated body and meet NEMA 250 specifications, tamper-proof design, and water resistant. The button cap and internal components shall be constructed with stainless steel components to prevent corrosion. Button shall provide a two-tone audible confirmation and visual confirmation (LED light). Wide operating temperature range of -30 degrees to 165 degrees F. Button shall require push action to activate.
G. Traffic Signal Standards
All mounting hardware to be furnished by the Contractor shall be galvanized
11.10 Wiring
Wiring shall be in accordance with Section 34-13 of the City Standard Specifications, except for the following:
a. Pull ropes used to pull conductors in conduit shall be a minimum of three-eighths inch (3/8") in diameter.
APPENDIX A
BASE REPAIR
APPENDIX A
Labor Compliance Requirements for This Project
By submitting a bid for this project, you are agreeing to comply with the City’s Labor Compliance Program
CITY OF SACRAMENTO
LABORCOMPLIANCE
HANDBOOK
2015
PUBLIC WORKS LABOR PROJECTS – LABOR COMPLIANCE
Revised 4-7-15 KW
City of Sacramento
LaborCompliance
Introduction
Contractors who are awarded contracts on City of Sacramento public works projects are subject to State and Federal Laws and regulations governing the payment and reporting of wages, the use of apprentices, and other applicable labor standards provisions. The City of Sacramento monitors prime contractors’ and subcontractors’ compliance with labor standards by collecting certified payroll records; conducting on-site interviews of works at the construction sites; when appropriate, audits of contractors’ records; and engaging in other activities, as necessary, to ensure labor compliance. Labor Compliance officers make preconstruction presentations to inform contractors of their obligations to comply with labor standards provisions.
Labor Compliance Requirements
(Prevailing Wage, SB 854 Etc.)
SB 854, a budget trailer bill that was signed into law on June 20, 2014, and became effective immediately, made several significant changes to laws pertaining to the administration and enforcement of prevailing wage requirements by the Department of Industrial Relations (DIR).
Among other things, SB 854 established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects. The fees collected through this new program will be used to fund all of DIR’s public works activities, including compliance monitoring and enforcement, the determination of prevailing wage rates, public works coverage determinations, and hearing enforcement appeals.
Labor Code Section 1725.5 (enacted by SB 854) requires all contractors bidding on this contract, all subcontractors listed in a bid for this contract, and any contractor or subcontractor performing any work under this contract, to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 (enacted by SB 854) provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the Public Contract Code), or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Every bidding contractor shall list the contractor’s current DIR registration number, and the current DIR registration number of all listed subcontractors, on the Subcontractor and Local Business Enterprise (LBE) Participation Verification Form included in the contractor’s bid.
SB 854 – Important Information for Contractors
o No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
o No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. o This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
o The prime contractor must post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d) for the notice that previously was required for projects monitored by the CMU (Compliance Monitoring Unit.)
Essentials of public works contractor registration program:
o Contractors will be subject to a registration and annual renewal fee that has been set initially at $300. The fee is non-refundable and applies to all contractors and subcontractors who intend to bid or perform work on public works projects (as defined under the Labor Code).
o Contractors will apply and pay the fee online and must meet minimum qualifications to be registered as eligible to bid and work on public works projects:
o Must have workers’ compensation coverage for any employees and only use subcontractors who are registered public works contractors. o Must have Contractors State License Board license if applicable to trade. o Must have no delinquent unpaid wage or penalty assessments owed to any employee or enforcement agency.
o Must not be under federal or state debarment.
o Must not be in prior violation of this registration requirement once it becomes effective. However, for the first violation in a 12 month period, a contractor may still qualify for registration by paying an additional penalty. o The registration fee is not related to any project. It is more like a license that enables the registrant to bid on and perform public works.
Additionally, all contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). The phase-in timetable for this requirement can be found on the following link at http://www.dir.ca.gov/Public- Works/SB854.html (also for all SB854 related information).
Prevailing Wage Requirements (except from Sacramento City Code 3.60.180) Every contract for any construction project, as defined in Section 1782 of the California Labor Code, to be performed within the state at the expense of the city, or paid out of city moneys, whether such work be done directly under contract award, or indirectly by or under subcontract, sub partnership, day labor, station work, piece work, or by any other arrangement whatsoever, must provide, in addition to other provisions required by law, that any person performing labor in the state in execution of such contracts, subcontract, sub partnership, day labor, station labor, piece work or any other arrangement shall be paid not less than the general prevailing rate of wages in private employment for similar work in the city; provided, however, that the foregoing provisions as to payment of the general prevailing rate of wages shall not apply to: (a) contracts for any construction project originally awarded or executed in an amount of twenty-five thousand dollars ($25,000.00) or less; (b) contracts for any alteration, demolition, repair, or maintenance work originally awarded or executed in an amount of fifteen thousand dollars ($15,000) or less; (c) materials for which no manufacturing plant exists in the city; or (d) standard materials or commodities carried in stock by dealers or manufacturers generally.
The general prevailing rate of wages shall be the general prevailing rate of wages for the area in which the city is located as determined by the director of the Department of Industrial Relations pursuant to Labor Code Section 1773. Every contract for which the payment of the general prevailing rate of wages is required shall provide that the determination of the director of the Department of Industrial Relations in force at the time the notice to bidders is published with respect to the general prevailing rate of wages in private employment in the city for similar work shall be binding upon the parties any contract awarded as a result of such notice.
For more details, please refer to the applicable statutes and regulations regarding the payment of prevailing wages and General Prevailing Wage Determination(s) including the footnotes. Such information is available on the Department of Industrial Relations' website at http://www.dir.ca.gov/. Frequently asked questions can be found on the following link at:
http://www.dir.ca.gov/OPRL/FAQ_PrevailingWage.html.
These new requirements will apply to all public works that are subject to the prevailing wage requirements of the Labor Code, without regard to funding source.
Please refer to http://www.dir.ca.gov/ for general requirements by DIR (Department of Industrial Relations in the State of California).
For additional information about public works requirements, please visit the public works section at http://www.dir.ca.gov/Public-Works/PublicWorks.html.
CITY OF SACRAMENTO LABOR
COMPLIANCE STAFF
KirstenWise, Labor Compliance Analyst
Department of General Services
[email protected]
916-808-4011
Brenda Kee, Contracts and Labor
Compliance -Department ofParks & Rec
[email protected]
916-808-1923
Raquel Rich, Program Analyst
Department ofPublic Works
[email protected]
916-808-1074
Renee Graves, Contracts and Labor
Compliance- Department of Utilities
[email protected]
916-808-1465
Website:
STATE WAGE DETERMINATION
The State Wage Determination can be found on-line by accessing the following web site:
http://www.dir.ca.gov/OPRL/pwd/
For additional information you may contact:
Division of Labor Statistics and Research (DLSR) (415) 703-4774 The State Wage Determinations list the basic crafts, (operating engineers, carpenters, laborers, etc.) by location; most sub trades (electricians, plumbers, etc.) are by county (In the event of multiple funding sources, a comparison of the state and federal determination must be made and the higher wage rate must be applied)
Our office will be glad to send you a copy of the wage determination, direct you to the appropriate website or answer any questions you may have. You may contact any of the compliance staff member’s by referring to the previous contacts page.
Issue Date:
The State Wage Determinations are published twice a year; February 22 and August 22, to reflect updated wage increases incurred. Please be cognizant that increase dates do vary.
Single Asterisk * (Good for life of project)
Example: Expiration Date of Determination: June 27, 2008* * E f f e c t i v e until superseded by new determination issued by the Director of Industrial Relations.
Contact Division of Labor Statistics and Research (415) 703-4774 for new rates after 10 days from the expiration date if no subsequent determination is issued.
Double Asterisks ** (Indicates expiration date & a wage or fringe benefit increase) Example: Expiration Date of Determination: June 30, 2009** ** The rate to be paid for work performed after this date has been determined. If work will extend past this expiration date, the new rate must be paid and should be incorporated in contracts entered into now. Contact Division of Labor Statistics and Research (415) 703-4774.
FEDERALWAGE DETERMINATION
Web Site
The Federal Wage Determination can be found on-line by accessing the following web site:
http://www.wdol.gov
The Davis-Bacon Act (DBA) requires the payment of prevailing wage rates (which are determined by the US Department of Labor) to all workers employed in the execution of the contract on federally funded construction projects. (In the event of multiple funding sources, a comparison of the state and federal determination must be made and the higher wage rate must be applied).
Applicable Federal Wage Determinations are included in the bid package. .
Our office will be glad to assist you or answer any questions you may have. You may contact any of the compliance staff member’s by referring to the contact information provided.
Publication Date
There is no set date that the Federal Wage Determination is published; it is modified as needed.
Good for the Life of the Project
The applicable Federal Wage Determination is good for the life of the project.
On-Site Posting Required
All contractors must post a copy of the applicable State and/or Federal Wage Determination.
Apprentices on Public Work Projects
Summary of Requirements
California Labor Code Section 1777.5 requires all public works contractors and subcontractors to:
1. Submit contract award information
2. Employ registered apprentices
3. Make training fund contributions
Submit contract award information:
If you are a contractor already approved to train apprentices (a member of a DAS recognized Apprenticeship Committee
“Contractors who are already approved to train apprentices must provide contract award information to the apprenticeship committee for each applicable apprenticeable craft or trade that has approved the contractor in the area of the site of the of the public works project.” The Contract Award Information must be in writing and submitted to the applicable committee(s) within 10 days of the date of the prime or subcontract but in no event later than the first day the contractor has workers employed on the public works project. You may use form DAS 140 for this purpose. This is simply a notification of award; it is not automatically a request for dispatch of a registered apprentice.
If you are not already approved to train by an Apprenticeship Committee Contractors not already approved to train apprentices must submit Contract Award Information (DAS 140) to every apprenticeship program in the geographic area of the public works project, for each craft you intend to employ on the project. You can determine which apprenticeship programs are approved in specific geographic locations by clicking on the following link http://www.dir.ca.gov/databases/das/pwaddrstart.asp The Contract Award Information must be in writing and submitted to the applicable committee(s) within 10 days of the date of the prime or subcontract but in no event later than the first day the contractor has workers employed on the public works project. This is simply a notification of award; it is not automatically a request for dispatch of a registered apprentice.
Employ registered apprentices:
A contractor on a public works project must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman. Title 8 California Code of Regulations, Section 230.1.for each separate craft at the end of a project. Please check the DAS Important notices to determine if any exemptions exist for your craft or trade. http://www.dir.ca.gov/DAS/PublicWorksForms.htm All contractors must request dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (excluding Saturdays, Sundays and Holidays) before the date on which apprentices are required. A DAS 142 form is provided for this purpose. All requests for dispatch must be in writing and sent by first class mail, fax or email.
Contractors who do not receive a sufficient number of apprentices from their initial request, must request dispatch apprentices from all other apprenticeship committees, if more than one exists in the area of the public works project. To determine which apprenticeship programs are approved for your craft or trade in a specific geographic location click the following link http://www.dir.ca.gov/databases/das/pwaddrstart.asp Ratios:
How many apprentices must I employ on a Public Works project? At the end of the project, your straight time apprentice hours must equal a total of 1 hour for every 5 straight time journeyman hours for each separate craft. For example, if you have a total of 100 journeyman hours at the end of the project, you would need 20 apprentice hours in that same craft.
Can I mix and match crafts to reach the minimum ratio?
No. The minimum ratio requirement is per each individual craft and only includes straight time hours.
Do overtime hours count toward the minimum ratio?
No, only straight time hours count. Be careful not to confuse premium pay with overtime pay.
What is the maximum number of apprentices I can use on a Public Works Project? It depends on which box you have checked on your DAS 140. If you checked box 1 or 2 and fall under the regulations set forth in a specific program’s standards, then you are allowed to use the maximum ratio set forth in those Standards. If you have checked box 3 and agreed to be governed by the regulations set forth by the California Apprenticeship Council then the minimum and maximum ratio is the same: 1 apprentice hour for every 5 journeyman hours totaled at the end of the project.
I am a contractor who is approved to train by an approved program and am covered by their Standards, or I am a contractor who has agreed to be covered by a program’s Standards for a single project. How do I know what the Standards allow for that program’s maximum apprentice ratios? You can ask the program for a copy of their Standards or a copy of the language in Article XV which covers ratios.
Or you can call the DAS office nearest the location for that program and request the same.
Make Training Fund Contributions:
Contractors who are awarded public works jobs must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices. This nominal fee contributes to the assurance that new apprentices coming into the craft will be guaranteed the highest level of training and as skilled craftsmen retire, the trade will survive.
Contractors who contribute to an apprenticeship program are entitled to a full credit in the amount of those contributions. Contractors who do not contribute to an apprenticeship program must submit their contributions to the California Apprenticeship Council, P. O. Box 511283, Los Angeles, California 90051-7838.
Training fund contributions to the Council are due and payable on the 15th day of the month for work performed during the preceding month. The contribution should be paid by check and be accompanied be a completed training fund contribution form or a letter containing the following information:
1. The name, address and telephone number of the contractor making the contribution.
2. The contractor’s license number.
3. The name and address of the public agency that awarded the contract.
4. The jobsite location, including the county where the work was performed.
5. The contract or project number.
6. The time period covered by the enclosed contributions.
7. The contribution rate and total hours worked by apprenticeable occupation.
8. The name of the program(s) that provide apprentices, if any.
9. The number of apprentice hours worked, by apprenticeable occupation and by program.
Subject to change for most recent documentation please click on the following link:
http://www.dir.ca.gov/das DASApprenticesOnPublicWorksSummaryOfRequirements.htm Are you exempt?
What are the instances in which a contractor on a public works project is considered exempt from the requirements of LC 1777.5?
1. Labor Code 1777.5 does not apply to general contractors whose contract is under $30,000.
2. When the craft or trade is not apprenticeable.
3. When the contractor holds a sole proprietor license and no workers were employed by the contractor.
In other words, the contractor performed the entire work from start to finish and worked alone.
4. When the project is a federal project and the funding of the project does not contain any city, county, and/or state monies unless the project is administered by a state agency in which case the apprenticeship requirements apply.
5. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.
What if I am exempt from the requirements of California Labor Code Section 1777.5 as my situation falls under one of the exemptions listed above? Do I still have to provide a "Notice of Contract Award" (DAS 140 form) to the applicable program?
You do not have to submit a "Notice of Contract Award". However, for purposes of letting the applicable program know of your exemption, you may, nevertheless, want to provide the form to the applicable program so they are aware of your exemption.
If I have an Individual Contractor Exemption granted by the Chief of DAS per Labor Code § 1777.5 (j), or § 1777.5(k), do I still need to send a DAS 140 to the appropriate programs? Yes, you still need to submit a Notice of Contract Award Information (DAS 140) to the appropriate Program Committees. The Individual Contractor Exemptions and Program Committee exemptions pertain to the ratio of apprentices on a public works project and do not eliminate the DAS 140 requirement.
I am a small subcontractor and my job will take less than 40 hours. Am I exempt from hiring apprentices?
No, you must still submit a DAS 140 and 142. However, you may request apprentices in less than 8 hour increments. Important Notice: see changes in Code of Regulations section 230.1, regarding the employment of apprentices on Public Works.
What is a registered apprentice?
An apprentice is someone who has signed an agreement with an employer, an approved apprenticeship program or program sponsor, and whose agreement is registered with the Division of Apprenticeship Standards (DAS). Only an approved apprenticeship program can provide a contractor with a registered apprentice on public works projects.
Do programs that provide apprentices for public works projects provide workers compensation benefits for the apprentice they send out to jobs or is the responsibility of the contractor and/or subcontractor?
This responsibility lies with the contractor and/or subcontractor.
How can I find the names of the applicable approved apprenticeship programs/committees?
1. Contact the DAS District office whose assigned geographic areas of responsibility cover the county/ies in which the public works project is located.
2. Visit our interactive website
As a contractor who has been awarded a public works contract, and has my own employees, am I still required hiring registered apprentices?
Yes. Important Notice: see changes in Code of Regulations sections 230.1, regarding the employment of apprentices on Public Works
I am a non-union contractor. Am I required to hire an apprentice? Yes, you must request dispatch from all approved programs in the geographic area of the project.
Can I employ my friend, family, or my own employee who is still beginning to learn a particular trade, as an apprentice?
No. The law requires that you employ only apprentices who are registered with an approved program. However, if your friend or your employee is a registered apprentice, and has been dispatched to you by an approved apprenticeship program, yes you can.
What happens if I employed my friend who is not a registered apprentice and I paid him the journeyman rate?
You may employ your friend and pay him journey wages but this does not affect the apprenticeship requirements.
What are the benefits and advantages to hiring a registered apprentice? The benefits of hiring an apprentice registered in a state approved program are:
1. Lower pay rate than the journeyman pay rate.
2. Elimination of recruitment programs for workers who are already trained.
3. Creates a diversified and flexible workforce and larger pool of employees with specific skills.
4. Increases productivity; employees in a structured training program are motivated to achieve.
EMPLOYMENTOFAPPRENTICES
A. Bidder is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code concerning the employment of apprentices by a Contractor and any subcontractor performing a public works Contract.
1. Labor Code section 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprentice-able occupation to apply to the joint apprenticeship committee in the area of the site of the public works project and which administers the apprenticeship program for a certificate of approval. Contractor or subcontractor shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of apprentices to journeymen and contributions to funds to administer apprenticeship programs shall be determined by Section 1777.5 and the responsibility for compliance with that section for all apprentice-able occupations shall be with the General Contractor.
2. Labor Code section 1777.5 does not apply to Contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or Prime Contractor, when the contracts of general contractors or those specialty contractors, involve less than Thirty Thousand Dollars ($30,000). This is the sum of the total contract amount not the individual contracts that are held between a prime contractor and their sub tiers. A contractor who willfully violates Labor Code section 1777.5 shall be denied the right to bid on or receive a public works contract for a period of up to one (1) year for the first violation, and for a period up to three (3) years for the second and subsequent violations, from the date the determination of noncompliance made by the Administrator of Apprenticeship becomes an order of the California Apprenticeship Council. Contractor shall also be subject to the payment of the civil penalty as provided in Labor Code section 1777.7. Interpretation and enforcement of said Sections 1777.5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council.
This information is provided as a guide. If there are any discrepancies between the language in this handbook and the specifications in the bid package for this project, the bid package shall prevail.
For the most up to date and current apprenticeship information refer to the DIR website.
ALL CURRENT AND APPRETICEABLE TRADES/CRAFTS WITHIN SACRAMENTO COUNTY
Asbestos Worker, Heat and Frost Insulator Parking and Highway Improvement (Striper) Boilermaker-Blacksmith Painter
Bricklayer, Stonemason Plasterer
Carpenter – All Related Trades Plaster Tender
Carpet, Linoleum and Resilient Floor Layer Roofer
Cement Mason Landscape/Irrigation Fitter
Drywall Installer/Lather (Carpenter) Sprinkler Fitter (Fire Protection/Fire Control Drywall Finisher (Painter) Pile Driver Operating Engineer Electrician, Inside Wireman Pile Driver (Carpenter)
Electrical Utility Lineman Parking and Highway Improvements Painter Elevator Constructor Plumber/Steamfitter
Field Surveyor Chainman/Rodman Pipefitter
Chief of Party Underground/Utility Pipefitter
Glazer Metal Roofing System Installer
Electrician (Comm & System Installer) Sheet Metal Worker Electrician (Comm & System Tech, Cable Splicer) Stator Re-winder Iron Worker Terrazzo Finisher
Laborer Terrazzo Worker
Marble Finisher/ Marble Mason/ Marble Setter Tile Setter Millwright Tile Finisher
Operating Engineer Steel Erector & Fabricator
Operating Engineer (Dredger) Tunnel/Underground (Operating Engineer) Building Construction Inspector Tunnel Worker (Laborer) Operating Engineer (Landscape Construction) Parking & Highway Improvement (Striper-Laborer) Pointer, Caulker and Cleaner Bricktender
Acoustical Installer (Carpenter) Scaffolding and Shoring Erector (Carpenter) Hardwood Floor Layer (Carpenter Shingler (Carpenter)
Insulation Installer (Carpenter) Communications & System Installer Field Surveyor Instrument man Taper
Roofer Metal Deck and Siding
If using any of the listed crafts you will be required to request an apprentice and play into the apprentice-able craft training program that is applicable.
This list is subject to change
The website to see the latest list of apprenticeable trades is:
http://www.dir.ca.gov/oprl/pwappwage/ PWAppWageStart.asp
STATE OF CALIFORNIA DEPARTMENT INDUSTRIAL RELATIONS
DIVISION OF APPRENTICESHIP STANDARDS
DISTRICT OFFICE
2424 Arden Way, Suite 160
Sacramento, CA 95825
APPRENTICESHIP COMMITTEES FOR SACRAMENTO COUNTY
Please visit: http://www.dir.ca.gov/databases/das/aigstart.asp to verify the committee for your specific trade.
(You may access the Department of Apprenticeship Standards (DAS) directly @ www.dir.ca.gov/DAS to research available apprenticeship programs by selecting a specific county and an occupation group) CAC Training Fund Contributions
Payment of Training Fund Contributions must be sent to the California Apprenticeship Council (CAC) if the contractor is not signatory to an apprenticeship committee. The CAC will then distribute the funds to the proper apprenticeship committees. However, the CAC IS NOT AN APPRENTICESHIP COMMITTEE and will not accept the DAS140 or DAS142 forms.
California Apprenticeship Council(CAC)
P.O. Box511283
Los Angeles, CA 90051-7838
Overnight payments should be sent to:
California Apprenticeship Council (CAC)
455 Golden Gate Avenue, 9th floor
San Francisco,California 94102
(You may accessthe Department of Apprenticeship Standards(DAS) directly @ www.dir.ca.gov/DAS to research available apprenticeship programs by selecting a specific county and an occupation group)
Division of Apprenticeship
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Division of Apprenticeship Standards (DAS)
Training Fund Search
This search function allows awarding agencies, labor and contract compliance organizations, contractors, and other interested parties to view and print a specific contractor’s Training Fund contribution paid to the California Apprenticeship Council for the previous 24 months. The payment of the training funds is regulated by California Labor Code 1777.5(m) (1)
Please enter the contractor’s license number to begin search.
If you do not know the contractor’s license number you may search for it at this site: www.cslb.ca.gov For employers without a Contractor’s license you may look up the id number that was assigned If you have any comments, questions or suggestions please send them to [email protected] About DIR
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PRE CONSTRUCTION
DOCUMENTS
NOTICE TOPROCEED
Project #PROJECT NUMBER
PROJECT NAME
DATE
PRIME NAME
PRIME ADDRESS
PRIME CITY, STATE, ZIP
Notice is hereby given you are authorized to commence work on the above referenced project on DATE. You are legally required to begin work within fifteen (15) working days of this date. The entire work on the project must be completed within SPELLED OUT NUMBER OF DAYS (NUMERICAL NUMBER OF DAYS) working days from the date of this notice. Forty eight hours prior to starting work, please notify the Project Manager, PM NAME at (916) 808-EXT or PM [email protected]. Please address all correspondence to:
City of Sacramento
DEPARTMENT NAME
DEPARTMENT ADDRESS
DEPARTMENT CITY, STATE ZIP
Attn: PM NAME
Please reference City Project # PROJECT NUMBER in all billing correspondence. We look forward to a mutually successful project. The City of Sacramento is committed to the "Partnering Concept" of open communication and cooperative construction. In that spirit, please do not hesitate to contact me at (916) 808-CONTRACT & COMP EXT or CONTRACT & COMP [email protected] if I can be of any assistance.
Respectfully, Receipt Acknowledge,
CONTRACT & COMP NAME Date Signature Date
Contracts & Compliance Specialist
Cc: CONTRACT & COMP NAME, ACCOUNTING NAME, PM NAME
Labor Compliance Requirements
DATE:
JOB:
PROJECT
Contract Administrator:
Labor Compliance Officer:
Project Manager:
Inspector:
Prime Contractor:
In accordance to City of Sacramento Ordinance Section 360.180 the following is to comply with the City of Sacramento prevailing wage provision and contract provisions.
The award of a public works contract requires that all workers employed on the project be paid not less than the specified general prevailing wage rates by the contractor and its subcontractors. Owner Operators are not exempt from this requirement (LC § 1771, LC §1774).
Current Prevailing Wage Rates can be accessed at http://www.dir.ca.govh/dlsr/pwd. NOTE: The first bid advertisement date of the project determines the applicable wage for this project. Please check your bid advertisement date to make sure you are using the correct determination.
Superseded prevailing wage determinations can be obtained at http://www.dir.ca.gov/oprl/ main.htm.
Prevailing wage rates and rate changes are to be posted at the job site for workers to view.
If Federal Funded: Davis/Bacon prevailing wage rates apply, unless State prevailing wage rates are required.
Prevailing Wage Requirements
All workers employed in the execution of a public works project, including sole proprietors, partners, and corporate officers, must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: Labor Code 1774
Overtime must be paid for all hours over 8 in a calendar day and 40 hours in a week. Violations may subject the contractor to a state penalty of $25 per day per worker. References: Labor Code 1810- 1815
Saturday/Sunday premium rates are applicable as indicated on prevailing wage determinations. When required shift differential rates must be paid for classifications which include a shift determination.
State Prevailing Wage Determinations
* Single asterisk indicates that this wage determination can be used for the life of the contract. **Double asterisk indicates that this wage determination includes predetermined increases. Subsistence/Zone pay must be shown on the fringe benefit statement if not shown on certified payroll. The contractor must make applicable travel and subsistence payments in accordance with information on file with the Department of Industrial Relations (DIR) for classifications utilized. Call the Prevailing Wage Unit at (415) 703-4774 or available at: (415) 703-4774 or available at:
http://www.dir.ca.gov/dlsr/PWD/index.htm Reference: Labor Code 1773.1 Contractors violating prevailing wage requirements are subject to a penalty of up to $200 per day per worker, paid in addition to any wage underpayments. Liquidated damages in the amount of the wage underpayments may also apply. References: Labor Code 1775 and 1742.1 Apprentices
All requirements of the State Labor Code, Section 1777.5 apply including the following:
(This is for all contracts, work or task orders executed that are over $30,000) Submit Division of Industrial Relations form DAS-140, Public Works Contract Award Information, to the applicable apprenticeship committee prior to start of work. This form must be uploaded into LCPtracker with proof of service included. The form may be downloaded at:
http://www.dir.ca.gov/DAS/PublicWorksForms.htm
Submit Division of Industrial Relations form DAS-142- Request for Dispatch of Apprentices (Prime and Sub-Contractors.) This form must be uploaded into LCPtracker with proof of service included.
The form may be downloaded at: http://www.dir.ca.gov/DAS/PublicWorksForms.htm or under the e-Documents tab in LCPtracker.net
Training fees MUST be sent to a state-approved apprenticeship program or the California Apprenticeship Council and identified on the fringe benefit statement. CAC-2 Form and are due monthly by the 15th.
Training Fund Contribution Letter -are due monthly by Prime and Sub- Contractors. (If you are a Union Contractor submit the CAC-2 form stating funds are paid to specific trust fund and letter verifying those funds have been paid please upload both forms in LCPTracker.net)
Apprentices must be paid the prevailing wage rate applicable to the classification and step in which they are registered and employed.
Proof of registration in a state-approved apprenticeship program is required and must be submitted with the first payroll on which apprentices appear. The apprentice certificate is to be uploaded into LCPtracker prior to approval. References: Labor Code 1777.5; Contract Provision Complaints or violations regarding apprentice ratios will be referred to DAS. Reference: CCR 16434 Certified Payroll Records
• Certified Payroll Reports (CPR) Input into LCPTracker.net and delivered to the DIR as of April 1, 2015. The CPR’s for the prime contractor and all sub-contractors must now be reported to the City of Sacramento and the State of California. CPR’s are due within ten (10) days of pay period end date. CPR’s shall contain the same information for compliance with LC § 1776. Classification and group numbers are required on all payrolls. When work classification is not shown the City will determine the wage rate based on duties performed.
Due minimum of bi-weekly with a Statement of Compliance for each pay period. (Located on LCPTracker.net under edocs) Reminder: wage increase for Master Agreements usually occurs on 06/15 and 06/29 or 06/30.
• Negative Payroll Report Due within ten (10) days of pay period end date if there is five (5) or more consecutive non-work days within any single pay period. • Fringe Benefit Statement: Form 420 (Located on LCPTracker.net under edocs) Paid in cash or contributions to plans/programs are due with first certified payroll report and anytime the fringe benefits change. Please breakdown all fringes paid to employee and to what program they are being paid to. Documentation that the amount stated on the fringe benefit statement is being paid on the employees behalf may be requested for validation. If fringes are paid in cash please list a breakdown of those cash amounts. • Other Deductions –Need to be detailed on the CPR and must be expressly authorized in writing by the employee or collective bargaining agreement. A form signed by the employee is uploaded into LCPtracker.net. If the employer does not have a form there is one available in the eDocuments tab on LCPtracker.net
Listing of Subcontractors
Contractors and subcontractors are required to list all suppliers and subcontractors hired to perform work on a public works project (in accordance to contract standard specification).
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
The Subletting and Subcontracting Fair Practices Act requires prime contractors to list, at bid time, all subcontractors who will perform work in excess of one-half of one percent of the total bid amount or $10,000, whichever is greater. For building projects, subcontractors who will perform work in excess of one-half of one percent must be listed. The prime must use those subs as listed at bid time unless a written substitution is requested and approved in writing by the Contracts Specialist and Project Manager before substitution. References: Public Contract Code 4100-4114; Standard Specifications 5, Control of Work
Subcontracting Request, Prime Contractor update the Form 300 (List of Subcontractors & Suppliers) before they begin work at the jobsite and anytime there is an approved substitution.
The prime must perform 30 percent of the work with their own forces. The prime contractor is responsible for work performed and that all compliance is met by subcontractors and owner- operators. The Contractor shall perform with its own organization and with the assistance of workers under its immediate superintendence, work of a value not less than twenty percent (20%) of the value of all work in the contract.
Failure to comply with the requirements of the Subletting and Subcontracting Fair Practices Act may result in a penalty of 0-10 percent of the subcontract involved and a referral to the Contractors State License Board.
Reference: Public Contract Code 4110-4111
List of Subcontractors & Suppliers: Form 300 (Located on LCPTracker.net under edocs) Per Government Section 4100 et seq; prohibition against unfair competition Business & Professions Code Section 17200-17208, you must list suppliers and the amount of their product (s). Form is due within ten (10) days of pre-construction meeting.
Pay Requests
The Labor Compliance Officer shall notify the contractor and the Project Manager of noncompliance and labor issues prior to pay requests approval. Advance notice of submission to the Compliance Officer is appreciated. You must submit a current schedule of values with each pay request and you must have all labor compliance requirements met before submitting a pay request. Failure to meet the labor compliance requirements will result in your pay request being denied and returned to you for full compliance. Pay request must be submitted to the inspector for his/her review first. The inspector will then forward the request to the Project Manager and the Labor Compliance Officer for their review. Pursuant to Labor Code Section 1776, the City of Sacramento will impose penalties of $100 per day per worker for each day the documentation that is requested is considered late (beyond the 10 days from when notice is given), even if the information you eventually submit is found to be correct. This information is to be uploaded into LCPtracker.net. If you have been asked to make any corrections to the documents submitted, we ask that you make the requested corrections and re-upload the corrected document into LCPtracker as soon as possible. As progress payments may be delayed while these items are outstanding, it would be in your best interest to see that these documents are provided as soon as possible.
Completion of Project
• Contractor Notification of Completion: Form 264 must be submitted into LCP Tracker, due upon completion of all punch list items established during final job walk.
All of these forms discussed in this document are located on LCPTracker.net under the eDocuments tab.
In accordance with city policy and contract documents, the undersigned contractor herein certifies that it will comply with the foregoing prevailing wage requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein.
Contractor Signature Title Date
Start-Up Documents Due Prior to Start of Construction:
1. Certification Statement of Contractor:
a) If there is any contractor working as an “Independent Contractor”, “OwnerOperator”, “Sole Proprietor” or “LeasedWorker” the certification form must be filled out.
b) The original is to be submitted prior to, or concurrent with, the first payroll in which the Independent Contractor, Owner-Operator, Sole Proprietor or Leased Worker commences work.
2. Authorization Letter for Signing Certified Payroll
a) To be signed by company officer or owner and uploaded into LCPtracker prior to the first CertifiedPayroll Report.
b) This document lets the Labor Compliance Department know whom is authorized to sign certify payroll reports and other documents on behalf of the Contractor.
3. FORM 300 List of all Subcontractors and Suppliers:
a) To be filled out and uploaded within 10 days of the preconstruction meeting and prior to the first Certified Payroll Report.
b) This document lets the Labor Compliance Department know who will be working on this project. This is checked against initial form that was submitted with bid documents. If there are any changes during the life of the construction projected this form is to be updated and the Labor Compliance Officer is to be made aware of changes.
c) This form is to be filled out by all Subcontractors and their lower level subs and uploadedinto LCPtracker.
4. Checklist of Labor Law Requirements:
a) To be filled out and signed by the contractor and all sub tier contractors prior to start of their work on the construction project. Please check all boxes that apply.
5. Fringe Benefit Statement:
a) Asterisk or note any form of benefits that are included in the payroll reports should be listed out as an “hourly” rate of pay for each trade used. b) If fringe payments are made directly to the employee in lieu of fringes please note “paid in cash” under the applicable fringe payment and breakdown the hourly rate that is paid to the employee in cash.
c) Must be re-submitted when wage rates are updated, with effective dates and/or any changes in fringes are made.
6 DAS-140- Public Works Contract Award Information Form:
a) Contract award information must be sent to your Apprenticeship Committee if you are approved to train apprentices. If you are NOT approved to train apprentices you must send the information to ALL applicable Apprenticeship Committees in your craft or trade in the area of the Public Works Project. b) After you have completed the DAS-140 Form mail the original(s) to the appropriate Joint Apprentice Training Committee(s) within (10) days of the date of the execution of the prime contractors subcontract, but in no even later than the first day in which the contractor has workers employed upon the public work (CA Labor Code 1777.5 (e)).
c) Upload a copy of the form or all forms submitted with proof of deliver to the LCPtracker.net program under the e-Documents Tab. The form of proof can be certified mail or fax confirmation.
d) All Applicable Joint Apprentice Training Committee (s) may be found at: http://www.dir.ca.gov/Databases/das/pwaddrstart.asp/ e) Templates available for download can be found at:
http://www.dir.ca.gov/DAS/PublicWorksForms.htmor on LCPtracker.net under the e-Documents tab.
7 DAS-7- Agreement to Train Apprentices Form:
a) IF Applicable: (Checked box 1 on the DAS 140)
i. Submit your DAS-7 or equivalent certification and upload into LCPtracker.net under the e-Documents tabs and inform the labor compliance person monitoring your project. This form can be submitted withyour DAS-140 form.
8 DAS-142 Request for Dispatch of an Apprentice Form:
a) Send to the Joint Apprentice Training Committees (JATC) in your craft or trade in the geographic area of the Public Works Project to request the dispatch of an apprentice before starting work at the site and as needed throughout the project. b) Employment of Apprentices on Public Works project- (a) Contractor(s) shall employ registered apprentice(s), as definedbyChapter 4 (commencing with Section 3070) of Division 3, during the performance of a Public Work Project in accordance with the required(1) hour of work performed by an apprentice for every (5) hours of labor performedby a journeyman, unless coveredby one of the exemptions enumerated in the Labor Code Section 1777.5 or this subchapter.
c) Provide a copy of your apprenticeship program’s standards if they operate under a different ration then the California Labor Codes & Regulations. d) Template available for download can be found at:
http://www.dir.ca.gov/DAS/PublicWorksForms.htm
REQUIRED
FORMS PRIOR TO
CONSTRUCTION
Classification Worksheet
A separate form must be filled out for each contractor/subcontractor performing on the project.
Project Name
Project Number
Contractor Name
Contact Name
Contact Phone
Contact Email
CSLB/Certificate #
Classification(s) being Utilized (check all that apply) Asbestos Carpet/Linoleum
Electricians Laborers
Pile Drivers Sheet Metal
Boilermaker Cement Mason
Elevator Mechanic Millwrights
Pipe Trades Sound/Communication
Bricklayers Drywall Finisher
Glaziers Operating Engineer
Plasterer Surveyor
Carpenter Drywall/Lather
Iron Workers Painters
Roofers Teamster
Tile Workers Other (specify)
PLACE ON COMPANY LETTERHEAD
Date: April 25, 2014
INSERT PROJECT OWNER Address
INSERT PRIME SUBCONTRACTOR Address
To whom it may concern:
I, the undersigned, hereby authorize .............................. to sign on our behalf in all manners relating to certified payroll, including signing of all certified payroll related documents. Any and all acts carried out by ........................................ on our behalf shall have the same effect as acts of our own.
This affirm that the signatories identified above have the authority under penalty of perjury to affirm that required forms and certified payroll records are originals or are full, true and correct copies of the original and correctly depict the Trades, Crafts and Classifications of work performed; hours and days worked; and the amounts by category listed, disbursed by way of cash, check, or in whatever form or manner to each person by job classification and/or skill pursuant to public works contract.
This authorization is valid until further written notice from (COMPANY NAME).
Sincerely,
(Company counsel or company officer's signature)
(Name Address and Title)
City of Sacramento
PW-300 Form
Instructions: The Prime Contractor and all Subcontractors are required to submit the PW-300 via LCPTracker.net. If there are no subs or suppliers, state on the PW-300 and upload. If you are a Subcontractor with no additional lower tier subs place the Prime Contractors information in the Prime Contractor box and list yourself as the Subcontractor. Fill out the information that is known. If you are a Subcontractor with lower tier subs please put your company name under the Prime Contractor field and all subs under the Subcontractors List field. Please refer to Public Contract Code 4107 regarding changes to subcontractor listing. If there are any changes made to this list during the duration of the project which might include an additional subcontractor/supplier or eliminating a subcontractor/supplier then a revision to the PW-300 Form is required. DIR REGISTRATION #
MANDATORY
PRIME CONTRACTOR
Date Project #
Name ProjectName
Address: Contract #
City, State, Zip Total ContractAmount
ContactName/Phone # Estimated Start Date
Email Estimated Completion Date
DIR Registration # Federal Tax ID #
Contractor Lic. # State Tax ID #
SUBCONTRACTORS LIST
SUBCONTRACTOR
Name ContactName/Phone #
Address: Email
City, State, Zip Description of services
Contractor Lic. # Estimated Start Date:
DIR Registration # Estimated Completion Date
Contract $ Value LBE/EBE/DBE
SUBCONTRACTOR
Name ContactName/Phone #
Address: Email
City, State, Zip Description of services
Contractor Lic. # Estimated Start Date:
DIR Registration # Estimated Completion Date
Contract $ Value LBE/EBE/DBE
SUBCONTRACTOR
Name ContactName/Phone #
Address: Email
City, State, Zip Description of services
Contractor Lic. # Estimated Start Date:
DIR Registration # Estimated Completion Date
Contract $ Value LBE/EBE/DBE
Add additional pages if necessary.
Revised 03/22/2015 1 of 3
C
ity ofSacramento
PW-300Form
SUBCONTRACTORS LIST
SUBCONTRACTOR
NameContactName/Phone#
Address: Email
City,State, ZipDescriptionof services
ContractorLic.#EstimatedStartDate:
DIRRegistration#EstimatedCompletionDate
Contract$ValueLBE/EBE/DBE
SUBCONTRACTOR
NameContactName/Phone#
Address: Email
City,State, ZipDescriptionof services
ContractorLic.#EstimatedStartDate:
DIRRegistration#EstimatedCompletionDate
Contract$ValueLBE/EBE/DBE
SUBCONTRACTOR
NameContactName/Phone#
Address: Email
City,State, ZipDescriptionof services
ContractorLic.#EstimatedStartDate:
DIRRegistration#EstimatedCompletionDate
Contract$ValueLBE/EBE/DBE
SUBCONTRACTOR
NameContactName/Phone#
Address: Email
City,State, ZipDescriptionof services
ContractorLic.#EstimatedStartDate:
DIRRegistration#EstimatedCompletionDate
Contract$ValueLBE/EBE/DBE
SUBCONTRACTOR
NameContactName/Phone#
Address: Email
City,State, ZipDescriptionof services
ContractorLic.#EstimatedStartDate:
DIRRegistration#EstimatedCompletionDate
Contract$ValueLBE/EBE/DBE
SUBCONTRACTOR
NameContactName/Phone#
Address: Email
City,State, ZipDescriptionof services
ContractorLic.#EstimatedStartDate:
DIRRegistration#EstimatedCompletionDate
Contract$ValueLBE/EBE/DBE
Revised 03/22/2015 2 of 3
City of Sacramento
PW-300 Form
Add additional pages if necessary.
SUPPLIERS LIST
Name Contact
Address: Phone
City, State, Zip Email
Description of materials $ Amount
SUPPLIER
Name Contact
Address: Phone
City, State, Zip Email
Description of materials $ Amount
SUPPLIER
Name Contact
Address: Phone
City, State, Zip Email
Description of materials $ Amount
SUPPLIER
Name Contact
Address: Phone
City, State, Zip Email
Description of materials $ Amount
SUPPLIER
Name Contact
Address: Phone
City, State, Zip Email
Description of materials $ Amount
SUPPLIER
Name Contact
Address: Phone
City, State, Zip Email
Description of materials $ Amount
Add additional pages if necessary.
I have completed the documentation accurately Signature:
and to the best of my knowledge.
Date:
Revised 03/22/2015 3 of 3
ChecklistofLaborLawRequirements Ultimately the prime contractor is liable for their sub and specialty contractors. This checklist is a useful tool fortheprimecontractor toensurethat theirsubandspecialty contractors know their (CCR Title 8, Section 16421) responsibilities on public works projects. Contractors who understand and comply with the law are more likely to deliver the job on time, on budget and done right the first time. We suggest the Prime contractor encourage completion of this checklist by their sub and specialty contractors.
NAME (print) Date
Company Phone
Address Fax
City State Zip Code
Project Manager Superintendent/Foreman
Certified Payroll Phone/Ext.
Contractor License NO. Exp. Date Specialty License NO.
Self-insured Certificate NO. Workers Comp policy NO.
Project NAME Project #/Bid Package#
Awarding Body Advertisement Date
If Subcontracting, List your prime/general Contractor
Contract Award Amount
The Federal AND State Labor LAW requirements Applicable to the Contract Are Composed OF, But Not Limited to, the Following:
Payment of Prevailing Wage Rates
The contractor to whom the contract is awarded and its subcontractors hired for the public works project are required to pay not less than the specified general prevailing wage rates to all workers employed in the execution of the contract.
Labor Code Section 1770et seq.
The contractor is responsible for ascertaining and complying with all current general prevailing wage rates for crafts and any rate changes that occur during the life of the contract. Information on all prevailing wage rates and all rate changes are to be posted at the job site for all workers to view. Additionally, current wage rate information can be found at the DLSR web site, www.dir.ca.gov/dlsr/statistics_research.html.
Apprentices
It is the duty of the contractor and subcontractors to employ registered apprentices on the public works project and to comply with all aspects of Labor Code Section 1777.5, relating to Apprentices on public Works. (1) Notify approved apprenticeship programs of contract award; (2) employ apprentices; (3) pay training fund contributions.
Penalties
There are penalties required for contractor’s/subcontractor’s failure to pay prevailing wages and for failure to employ apprentices, including forfeitures and debarment under Labor Code Sections 1775; 1776; 1777.1; 1777.7and1813.
Certified Payroll Reports
under Labor Code Section 1776, contractors and subcontractors are required to keep accurate payroll records showing the name, address, social security number and work classification of each employee and owner performing work; also the straight time and overtime hours worked each day for each week, the fringe benefits, and, the actual per diem wage paid to each owner, journey person, apprentice worker or other employee hired in connection with the public works project.
This requirement includes and applies to all subcontractors performing work on Awarding Body projects even if their portion of the work is less than one half of one percent (0.05%) of the total amount of the contract.
The certified payroll records shall contain the same data fields listed on the Public Works Payroll Reporting Form (A-1-131) and contain or is accompanied by a declaration made under penalty of perjury. (California Code of Regulations, Section 16401).
Prime Contractors are responsible for submittal of their payrolls and those of their respective subcontractors as one package.
Any payroll not submitted in the proper form will be rejected. In the event that there has been no work performed during a Checklist of Labor Law Requirements, continued
Given week, the certified payroll report shall be annotated: “No work” for that week or a Non-performance Statement must be submitted.
Employee payroll records shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor, or shall be furnished to any employee, or his/her authorized representative on request, pursuant to Labor Code Section 1776.
Under Labor Code Section 1776(g) there are penalties required for contractor’s/subcontractor’s failure to maintain and submit copies of certified payroll records on request.
Nondiscrimination in Employment
There exist prohibitions against employment discrimination under Labor Code Sections 1735 and 1777.6, The Government Code, the Public Contracts Code, and Title VII of the Civil Rights Act of 1964.
Kickbacks Prohibited
Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting “kickbacks” from employee wages under Labor Code Section 1778.
Acceptance of Fees Prohibited
There exists a prohibition against contractor/subcontractor acceptance of fees for registering any person for public work under Labor Code Section 1779; or for filling work orders on public works contracts pursuant to Labor Code Section 1780.
Listing of Subcontractors
All prime contractors are required to list properly all subcontractors hired to perform work on the public works projects covering more than one-half of one percent, pursuant to Government Code Section 4104.
Proper Licensing
Contractors are required to be licensed properly and to require that all subcontractors be properly licensed. Penalties are required for employing workers while unlicensed under Labor Code Section 1021 and under the California Contractor License Law found at Business and Professions Code Section 7000 et seq.
Unfair Competition Prohibited
Contractors and sub-contractors are prohibited from engaging in unfair competition as specified underBusiness and Professions Code Sections 17200to 17208.
Workers Compensation Insurance
Labor Code Section 1861 requires that contractors and subcontractors be insured properly for Workers Compensation.
OSHA
Contractors and subcontractors are required to abide by the Occupational, Safety and Health laws and regulations that apply to the particular construction project.
Proof of Eligibility/Citizenship
Thefederal prohibition against hiring undocumented workers, and the requirement to secure proof of eligibility/citizenship from all workers, is required.
Itemized Wage Statement
Labor Code Section 226 requires that employees be provided with itemized wage statements.
Certification
I acknowledge that I have been informed and am aware of the foregoing requirements and that I am authorized to make this certification on behalf of
(Company Name)
I fully understand that failure to comply with any of the above requirements may subject me, or my company, to penalties as provided above.
Contractor (Signature) (Date)
Awarding Agency /Labor Compliance program
(Signature) (Date)
Statement of Employer Payments
“Fringe Benefit Statement”
In order that the proper Fringe Benefit rates can be verified when checking payrolls on the below contract, the hourly rates for fringe benefits, payment made for employees on the various classes of work are tabulated below. If you use other plans not listed above, you may use the next page to provide this additional information. If the contributions are paid to the employee in cash please list the hourly amount in the corresponding category. Training Fund Contributions can never be paid to the employee directly.
Date In Reply, Refer to Case No.:
Prime:
Subcontractor:
PROJECT NAME:
PROJECT CONTRACT NO.: County/location:
HEALTHAND WELFARE
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR Address, City, State, Zip
CLASSIFICAITON(S)USED/EFFECTIVE DATE CONTRIBUTIONPERCLASSIFICATION/PERHOUR CONTRIBUTIONS WEEKLY MONTHLY QUARTERLY ANNUALLY
PENSION
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR Address, City, State, Zip
CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTION PER CLASSIFICATION/ PERHOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY
VACATION/HOLIDAY
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR Address, City, State, Zip
CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTION PER CLASSIFICATION/PERHOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY
TRAINING
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR Address, City, State, Zip
CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTION PER CLASSIFICATION/ PERHOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY