2026_Road_Oil-Chip_Seal_100%_Spec_signed.pdf

S5145

Last Updated: May 13, 2026 F:\Users\design\C3D\S5145000_2026 Road Oil-Chip Seal\12 Design\100% Draft P&S\100% Draft 2026 Road Oil Spec_az_lc.docx

COUNTY OF SAN MATEO

STATE OF CALIFORNIA

CONTRACT DOCUMENTS

AND

SPECIFICATIONS

FOR

ROAD OIL APPLICATION IN CONJUNCTION WITH

THE COUNTY’S 2026 CHIP SEAL ROAD MAINTENANCE PROJECT

TOTAL PROJECT APPROXIMATELY 17.8 MILES IN LENGTH

WITH APPURTENANT WORK THERETO

IN SAN MATEO COUNTY

COUNTY PROJECT NO. RW635

PROJECT FILE NO. S5145

KRZYSZTOF LISAJ

(R.C.E. No. 84003) County Engineer

Department of Public Works

San Mateo County 555 County Center, 5th Floor

Redwood City, California 94063-1665

APPROVED: July 17 , 2026 klisaj Image

TableCon. S5145 i

TABLE OF CONTENTS

NOTICE TO CONTRACTORS

Bid Opening Date Engineer's Estimate General Bidder's Information

SPECIAL PROVISIONS

Section

1. Definitions

2. Bidding 2-1. Plans and Specifications 2-2. In-Use Off-Road Diesel-Fueled Vehicle Fleet Compliance Certification

3. Contract Award and Execution

4. Description of Work

5. Control of Work 5-1. Differing Site Conditions 5-2. Repair of Equipment 5-3. Cooperation 5-4. Permits and Licenses 5-5. Project Appearance 5-6. Preservation of Property 5-7. Air Pollution Control 5-8. Obstructions 5-9. Sound Control 5-10. Public Convenience 5-11. Disposal of Material Outside the Highway Right Of Way

6. Control of Materials 6-1. Certificates of Compliance

7. Legal Relations and Responsibility 7-1. Equal Employment Opportunity Program for Minority Employment 7-2. Prevailing Wages 7-2.1. Payroll Records 7-2.2. Contractor Employee Jury Service 7-3. Highway Construction Equipment 7-4. Public Safety

8. Progress of Work and Time of Completion 8-1. Time of Completion 8-2. Liquidated Damages 8-3. Progress Schedule

9. Measurement and Payment 9-1. Force Account Work ii

TABLE OF CONTENTS (Continued)

SPECIAL PROVISIONS (Continued)

Section 9-2. Payments to Contractor 9-3. Payments Withheld from Contractor 9-4. Stop Notices 9-5. Construction Claims 9-6. Prompt Payment Certification

11. Mobilization

14. Construction Waste Management 14-1. Diversion Goals 14-2. References and Resources 14-3. Waste Management Plan and Daily Transport Report 14-4. Waste Management Plan Implementation

15. Existing Highway Facilities

37. Asphaltic Emulsion 37-1. Asphaltic Emulsion 37-2 Rejuvenating Polymer Modified Asphaltic Emulsion 37-3 Fog Seal Emulsion

84. Markings 84-1. Thermoplastic Pavement Markings, Legends, and Striping

85. Pavement Markers

Note: Gaps in Section numbering, above, indicate that the Section is either blank or does not apply.

APPENDIX A

County of San Mateo Waste Management Plan Form Waste Management Daily Transport Report

APPENDIX B

Sanitary Sewer Monitoring and Reporting Requirements:

State Water Resources Control Board Order No. WQ 2013-0058-EXEC

APPENDIX C

Sample “Payment Bond” Form Sample “Performance Bond” Form

APPENDIX D

Daily Personnel and Equipment Log iii

TABLE OF CONTENTS (Continued)

APPENDIX E

Construction Claims:

Public Contract Code Sections 9204 and 20104 et seq.

APPENDIX F

County of San Mateo Memo B-33 for Senate Bill 1383 Compost, Mulch, and Renewable Natural Gas Procurement Reporting Form

APPENDIX G

Project Plans - Road Oil Application in Conjunction with the County’s 2026 Chip Seal Road Maintenance Project

PROPOSAL

Contractor’s Check-Off List Name and Address of Bidder Contractor Declaration Statement Bid Schedules Bidder's Bond Signature of Bidder Subcontractors San Mateo County Equal Employment Opportunity Program Equal Benefits Compliance Ordinance No. 04026 (Title 2, Chapter 2.84, San Mateo County Ordinance Code) Equal Benefits Compliance Declaration Form Contractor Employee Jury Service Ordinance No. 04269 (Title 2, Chapter 2.85, San Mateo County Ordinance Code) Contractor Employee Jury Service Compliance Declaration Form Non-Collusion Declaration Form In-Use Off-Road Diesel-Fueled Vehicle Fleet Acknowledgement Form

AGREEMENT

Signature Sheet

NC. S5145

NOTICE TO CONTRACTORS

NOTICE IS HEREBY GIVEN, that

Sealed bids will be received either by mail to the office of the County Executive’s Office, or hand-delivered prior to the bid opening to the County of San Mateo at 500 County Center, 5th Floor, Redwood City, California, 94063 until the hour of

2:30 p.m., Thursday, August 6, 2026 where the bids will be publicly opened and read aloud for the following project in accordance with the specifications therefore and to which special reference is made as follows:

WITH APPURTENANT WORK THERETO IN

UNINCORPORATED SAN MATEO COUNTY

Bids are required for the entire work described herein.

Bidders are further advised of the following:

1. Contractor should be placed on a Plan Holders List for bidding. To be placed on the Plan Holders List, the Contractor shall either:

a. Bidder shall register and create an account on the OpenGov website to download all bidding documents including forms of proposal and contract, directly from:

https://procurement.opengov.com/portal/smcgov/projects/285345

Project’s OpenGov Reference:

RFP – RW635 - 2026 Road Oil Application in Conjunction with the County’s 2026 Chip Seal Road Maintenance Project) Project ID: S5145

b. If bidding documents are obtained through a source other than those outlined in 1a above, complete and sign the following Plan Holder’s Affidavit and return to the County by PDF via email to dmassanti@smcgov.org and lchow@smcgov.org mailto:dmassanti@smcgov.org

Plan Holder’s Affidavit

Project Title

Road Oil Application in Conjunction with the County’s 2026 Chip Seal Road Maintenance Project

Project No. RW635 Project Engineer: Devin Massanti

Project Manager: Leo Chow

Bid Open Date and Time: 2:30 p.m., Thursday, August 6, 2026

Company Name:

Mailing Address:

Phone Number: Fax Number:

E-mail Address:

(Name and Title of Authorized Representative of Bidder)

(Signature of Authorized Representative of Bidder)

2. The Plan Holders List will be posted to the County of San Mateo’s Public

Works website two (2) working days prior to the bid open date.

3. Questions regarding the Contract Documents concerning items such as discrepancies, conflicts, omissions, doubts as to meanings, or regarding scope of bid items shall be referred to the Engineer. Inquiries must be received in writing via email, to dmassanti@smcgov.org, by 5 PM on July 31, 2026. Inquiries will be answered in writing via email response if written clarification is warranted, in the opinion of the Engineer, then inquiries and responses will be posted to the Project’s page on the County of San Mateo’s Public Works website. It will be the Contractor’s sole responsibility to ensure that they receive responses, if any. The County will not be responsible for oral clarifications.

4. It will be the Contractor’s sole responsibility to ensure that they have received addendums, if any, which will be posted to the County of San Mateo’s Public Works website on the same day issued. Said addendums will also be sent to all current plan holders and made available during purchase of Plans and Specifications.

5. Proposals in which the prices obviously are unbalanced may be rejected.

6. 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)].

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

For bids and contract updates, the Department of Public Works website will be updated as needed and can be accessed under the Department’s tab found on the

County of San Mateo website (https://www.smcgov.org/publicworks/2026-Road-Oil-

Application-Bid).

ENGINEER’S ESTIMATE

Item No.

Section No.

Estimated Quantity

Unit of Measure

Item Description

1 11 1 LS Mobilization

2 37-11 400 TON

Rejuvenating Polymer Modified Asphaltic Emulsion

3 84-1 1 LS

Remove Thermoplastic Pavement Markers and Striping

4 84-1 3,200 SF

Thermoplastic Pavement Markings and Legends (White)

5 84-1 800 SF

Thermoplastic Pavement Markings and Legends (Yellow)

6 84-1 12,400 SF

Thermoplastic Pavement Markings and Legends (Green)

7 84-1 100,200 LF 6" Thermoplastic Pavement Striping (White)

8 84-1 28,100 LF Thermoplastic Traffic Striping, Detail 22

9 84-1 40,000 LF

Thermoplastic Traffic Striping, Detail 22 Modified

Engineer's Estimate of Costs: $ 1,740,000

(F) Final Pay Quantities - See Section 9-1.02C, “Final Pay Item Quantities,” of the Standard Specifications.

(Note: Gaps in section numbering, above, indicate the Section is blank or does not apply.)

The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the County of San Mateo does not, expressly or by implication, agree that the actual amount of work will correspond herewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of the work, as may be deemed necessary or expedient by the Engineer.

Payment to the Contractor for materials furnished and work completed shall be made by the County in accordance with Section 9 of the “Special Provisions” portion of these Contract Documents. Pursuant to Section 22300 of the Public Contract Code, Contractor may, upon his request and at Contractor's expense, substitute equivalent securities for any moneys retained from such payment for the fulfillment of the Contract.

When applicable, both Contractor and Subcontractor hereby agrees to pay not less than prevailing rates of wages and be responsible for compliance with all the provisions of the California Labor Code, Article 2-Wages, Chapter 1, Part 7, Division 2, Section 1770 et seq and Section 1810 et seq. A copy of the prevailing wage scale established by the Department of Industrial Relations is on file in the office of the Director of Public Works, and available at www.dir.ca.gov/DLSR or by phone at 415-703-4774. California Labor Code Section 1776(a) requires each contractor and subcontractor keep accurate payroll records of trades workers on all public works projects and to submit copies of certified payroll records upon request.

Additionally, pursuant to State Senate Bill SB 854 (Stat. 2014, chapter 28), effective January 1, 2015:

(1) 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)].

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

(3) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Wage rates for overtime shall be paid at not less than one and one-half (1-1/2) times the above rates. Wage rates for Sundays and holidays shall be paid at not less than two (2) times the above rates.

The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification, or type of worker employed on the Project.

It is the policy of the County that Contractors on public projects employ their workers and craftsmen from the local labor market whenever possible. “Local Labor Market” is defined as the labor market within the geographical confines of the County of San Mateo, State of California. Consistent with this policy, the Contractor is requested to employ craftsmen and other workers from the local labor market whenever possible to do so.

Each bidder shall submit with the bid, Certificates of Compliance and Intent on a form provided in the “Proposal” section of these Contract Documents, a certificate that bidder is in compliance with the provisions of Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and any other federal, State and local laws and regulations relating to equal employment opportunity. With the execution of said certificates, bidder also agrees that bidder will maintain or develop and implement, during the course of the work concerned, a program of hiring and employment, conducted without regard to race, religion, color, national origin, ancestry, sexual orientation, or sex of the applicants. With this certification, bidder shall submit any and all information that may be required by the County in connection with the particular project.

Each bidder is hereby notified of Section 9204 and Section 20104 et seq. of the Public Contract Code as those Sections (attached hereto as Appendix E) relate to resolution of construction claims, and to Section 3186 of the Civil Code, as amended January 1, 1999 with regard to stop notices and public entity’s rights to retain monies in order to provide for that entity’s reasonable cost of litigation. The bidder is further notified that all provisions of Section 9204 and Section 20104 et seq. of the Public Contract Code and Section 3186 of the Civil Code, as outlined above shall be considered as incorporated into and become an integral part of these specifications.

Questions relating to equal employment should be directed to the San Mateo County Department of Public Works, Equal Employment Opportunity Program, 555 County Center, 5th Floor, Redwood City, CA 94063-1665, telephone (650) 363-4100.

Plans and Specifications and forms of Proposal and Contract may be seen and obtained at the office of the Director of Public Works, 555 County Center, Redwood City, California, 94063-1665. Plans and specifications may be obtained for a:

Additional technical questions should be directed to the Department of Public Works, 555 County Center, Redwood City, California, 94063-1665, telephone

(650) 363-4100.

The Contractor shall possess either a Class A License or a combination of Class C licenses that are applicable for the majority of the work at the time this contract is awarded. No Contract will be awarded to a Bidder who is not licensed as required by laws of the State of California.

The County of San Mateo reserves the right to reject any or all bids and/or waive any informalities or irregularities in any bid received.

Bidders may not withdraw their bid for a period of FORTY-FIVE (45) DAYS after the date set from the opening thereof.

BY ORDER OF THE

BOARD OF SUPERVISORS

DATE: July 17 , 2026

Michael Callagy, County Executive/ Clerk of the Board of Supervisors

SP. S5145

SPECIAL PROVISIONS

FOR

DATE: ____July 17______, 2026

SECTION 1.

DEFINITIONS OF TERMS TO BE USED IN THE SPECIAL PROVISIONS,

NOTICE TO CONTRACTORS, PROPOSAL, AGREEMENT OR

OTHER CONTRACT DOCUMENTS

Except as specifically stated herein, the definitions contained in the Standard

Specifications of the State of California, Department of Transportation, as set forth per Section 2-1, “Plans and Specifications,” of these Special Provisions and hereafter referred to as “Standard Specifications,” shall be applicable with the understanding that where said definitions specifically refer to the State of California, a department or division of the State or an official, officer or employee of the State, said definition shall be interpreted to refer to the County of San Mateo, the Department of Public Works, or other appropriate department, division, official, officer or employee of the County of San Mateo.

Definition 7-1.02L, “Public Contract Code,” of the Standard Specifications shall not be interpreted to include the provisions of Article 7.1 of Division 2, Part 2, Chapter 1 of the Public Contract Code.

END OF SECTION

SECTION 2.

BIDDING

The Bidder’s attention is directed to all the provisions of Section 2, “Bidding,” of the Standard Specifications and these Special Provisions. The County will accept a Bidder’s Bond in the form issued by an admitted surety insurer in lieu of the sample forms provided herein in Appendix C of these Special Provisions. The County will not be responsible for any oral interpretations to Bidders with respect to any of the work embraced herein.

Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder's responsibility in the event it is the apparent low bidder on a future public works contract.

All proposals must be made upon the blank form contained herein.

2-1. Plans and Specifications Subject to the exceptions stated herein, the work embraced herein shall be done in accordance with the Standard Plans and Specifications as adopted by the County of San Mateo insofar as the same may apply, and in accordance with the following Special Provisions.

As set forth in Resolution No. 077227 of the Board of Supervisors of the

County of San Mateo, adopted February 11, 2020, which approved and adopted the 2018 Standard Plans and Standard Specifications of the State of California, Department of Transportation as the Standard Plans and Standard Specifications of the County of San Mateo, State of California.

In the event that a discrepancy arises between the project Plans, these

Special Provisions, the Standard Plans and the Standard Specifications, the provisions of Section 5-1.02, “Contract Components,” of the Standard Specifications shall apply.

2-2. In-Use Off-Road Diesel-Fueled Vehicle Fleet Compliance Certification

In conformance with Title 13 CCR § 2449 et seq., bidders must submit the In-Use Off-Road Diesel-Fueled Vehicle Fleet Acknowledgement Form. A copy of a valid and unexpired Certificate of Reported Compliance for each fleet of the bidder and its listed subcontractors must be submitted with the bid or within five

(5) calendar days from bid opening. Failure to submit the valid and unexpired Certificate of Reported Compliance for each fleet of the bidder and its listed subcontractors shall be grounds for the bid to be considered non-responsive.

SECTION 3.

CONTRACT AWARD AND EXECUTION

The bidder's attention is directed to the provisions in Section 3, “Contract Award and Execution,” of the Standard Specifications and these Special Provisions for the requirements and conditions concerning award and execution of contracts.

However, the following supersedes the second paragraph in Section 3-1.04, “Contract Award,” of the Standard Specifications:

“The award of contract, if awarded, will be made to the lowest responsible bidder within SIXTY (60) DAYS after the opening of the proposals. If the lowest responsible bidder refuses or fails to execute the contract, the County may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the County may award the contract to the third responsible bidder. The period of time after that specified above within which the award of the contract may be made shall be subject to extension for such further period as may be agreed upon, in writing, between the County and the bidder concerned.”

Bidders who wish to lodge a protest for consideration as to the bidding process or the award of a contract to the lowest responsible bidder must do so as follows:

(1) Protests based upon alleged improprieties in a solicitation, which are apparent prior to bid opening, shall be filed two (2) business days prior to bid opening.

(2) Protests other than those covered by paragraph 1, above, shall be filed no later than ten (10) calendar days after the bid opening.

(3) All protests shall be delivered to:

Director of Public Works County of San Mateo 555 County Center, 5th Floor Redwood City, CA 94063

Untimely protests, which do not meet the deadline requirements specified above, will not be accepted or considered.

Bid protests must be submitted in writing to the addressee and address listed above. Bid protests must at a minimum include the following:

• Project Name

• Project File Number

• A complete statement describing the basis for the bid protest, which includes a detailed statement of all legal and factual grounds for the protest

• Documentation supporting the protestor's grounds for the protest

• The type of relief requested and the legal basis for such relief

If a valid protest is filed timely, the Department will investigate the bid protest.

The protested bidder shall have three (3) business days to respond to the Department and to provide any information requested by the Department. The Department shall respond to the protesting party, stating its findings. The Department Director shall make a recommendation to the San Mateo County Board of Supervisors regarding the bid protest.

Bid protests are to be delivered to the following address: 555 County

Center, 5th Floor Redwood City, CA 94063.

The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed.

The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the County so that it is received within ten (10) days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the following address:

555 County Center, 5th Floor Redwood City, CA 94063.

SECTION 4.

DESCRIPTION OF WORK

The work to be done consists, in general, as the removal of old striping and markings, restriping, installing pavement markings and markers; placing emulsion oil for the chip sealing of Alpine Road, Bean Hollow Road, Pigeon Point Road, Cloverdale Road, North Street, and Stage Road by the County of San Mateo Road Division, as well as any other items and details not mentioned above, but required by the Standard Specifications and these Special Provisions, and the directions of the Engineer. This is a collaborative project between the County of San Mateo Road Crews and the Contractor. The County of San Mateo Road Crews will be responsible for preparing the roads for construction operations, sweeping, water pollution control measures, property owner notifications and advisory signs for the project as well as any other items and details not mentioned above, but required by the Project Plans, Standard Specifications and these Special Provisions, and the directions of the Engineer.

SECTION 5.

CONTROL OF WORK

Attention is directed to the provisions of Section 5, “Control of Work,” of the Standard Specifications, except as herein provided, and to Section 2-1, “Plans and Specifications,” of these Special Provisions.

5-1. Differing Site Conditions

This section shall be used in lieu of Section 4-1.06, “Differing Site Conditions (23 CFR 635.109),” of the Standard Specifications. Section 4-1.06 of the Standard Specifications shall not apply.

The following shall apply to digging trenches or other excavations that extend deeper than four feet (4') below the surface:

A. The Contractor shall promptly, and before the following conditions are disturbed, notify the Engineer, in writing, of any:

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

(2) Subsurface or latent physical conditions at the site differing from those indicated.

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

B. The Engineer shall promptly investigate the conditions, and if he finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order, excluding loss of anticipated profits, under the procedures described in the contract. No contract adjustment that results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

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

D. In the event conditions materially differ from those indicated, the

Contractor shall have no claim for construction delays, unless said conditions are determined by the Engineer to impact the controlling item of work.

5-2. Repair of Equipment

The work of installing, assembling, repairing or reconditioning, or other work of any nature on machinery, equipment or tools used in or upon the work shall be considered a part of the work to be performed under the contract and any laborers, workers or mechanics working on the machinery, equipment or tools, unless employed by bona fide commercial repair shops, garages, blacksmith shops or machine shops, which have been established and operating on a commercial basis for a period of at least 2 months prior to the award of the contract, shall be subject to all the requirements relating to labor set forth in these specifications and in the special provisions.

5-3. Cooperation

Attention is directed to Sections 5-1.20, “Coordination with Other Entities,” and 5-1.36, “Property and Facility Preservation,” of the Standard Specifications, and to these Special Provisions. The utility companies may be rearranging their facilities within the project area and it is expected that they will cooperate with the Contractor to the end that the work may be handled in an efficient manner.

The Contractor shall contact USA North811 (USA) service alert a minimum of forty-eight (48) hours in advance of any excavation or trenching work. USA may be contacted either on-line at usanorth811.org or by phone by dialing (800) 642-2444 or 811.

5-4. Permits and Licenses

Attention is directed to Section 5-1.20B, “Permits, Licenses, Agreements, and Certifications,” of the Standard Specifications and these Special Provisions.

The Contractor shall have at least two employees trained in confined space entry regulations CAL/OSHA Confined Space Regulations, Title 8 CCR GISO 5156, 5157, and 5158 at the site whenever there are open trenches or underground work going on. It is understood that all fall protection, retrieval and atmospheric monitoring equipment shall be furnished and maintained by the Contractor at the Contractor’s expense. This shall include but not be limited to cost associated with compliance with Confined Space Entry Regulations shall be at the expense of the Contractor.

5-5. Project Appearance

The Contractor shall maintain a neat appearance to the work. Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in the unit prices paid for the various Contract items of work involved, and no additional compensation will be allowed therefore.

5-6. Preservation of Property

The Contractor's attention is directed to Section 5-1.36, “Property and Facility Preservation,” of the Standard Specifications.

5-7. Air Pollution Control

Air pollution control shall conform to the provisions of Section 14-9.02, “Air Pollution Control,” of the Standard Specifications.

5-8 Obstructions

Attention is directed to the provisions in Sections 5-1.36C, “ Nonhighway Facilities,” 15, “Existing Facilities,” and 51-1.03E(9), “Utility Facilities,” of the Standard Specifications.

5-9. Sound Control

Sound control shall conform to the provisions in Section 14-8.02, “Noise Control,” of the Standard Specifications.

5-10. Public Convenience

Public Convenience shall conform to the provisions in Section 7-1.03, “Public Convenience,” of the Standard Specifications and to these Special Provisions.

5-11. Disposal of Material Outside the Highway Right of Way

Disposal of Material Outside the Highway Right Of Way shall conform to the provisions of Sections 5-1.20B(4), “Contractor-Property Owner Agreement,” and 14-10, “Solid Waste Disposal and Recycling,” of the Standard Specifications, and Section 14, “Construction Waste Management,” of these Special Provisions.

The Contractor’s attention is further directed to Appendix “A”, “Construction Waste Management Plan,” of these Special Provisions.

SECTION 6.

CONTROL OF MATERIALS

Attention is directed to Section 6, “Control of Materials,” of the Standard

Specifications and these Special Provisions.

The Contractor shall furnish all materials required to complete the work under this Contract.

6-1. Certificates of Compliance Certificates of Compliance, conforming to the provisions in Section 6-

2.03C, “Certificates of Compliance,” of the Standard Specifications shall be furnished for all manufactured products, unless otherwise waived by the Engineer.

SECTION 7.

LEGAL RELATIONS AND RESPONSIBILITY

Attention is directed to the provisions of Section 7, “Legal Relations and

Responsibility to the Public,” of the Standard Specifications, these Special Provisions, and to the provisions of paragraph VIII, “Insurance,” of the Agreement (AG) portion of the Contract Documents for insurance requirements

7-1. Equal Employment Opportunity Program for Minority Employment

It is the intent of the Board of Supervisors of the County of San Mateo to prohibit and eliminate employment discrimination and to further the opportunities for minority persons to be gainfully employed in the performance of County construction contracts. Award of a contract to a low bidder will not be made until such bidder has complied with the provisions of Section 2.50.040 of Title 2, Chapter 2.50, as amended, of the San Mateo County Ordinance Code and with these guidelines.

7-1.1. Definitions

EQUAL EMPLOYMENT OPPORTUNITY PROGRAM: An Equal Employment Opportunity Program (EEOP) is a set of specific and result oriented procedures to which a Contractor commits himself in order to achieve equal employment opportunity.

COMPLIANCE OFFICER: The Compliance Officer (CO) means the

County official designated by the County Executive to represent him in the administration of these guidelines and in the enforcement of the provisions of Sections 2.50.040 and 2.50.050 of Title 2, Chapter 2.50.

7-1.2. Certifications of Compliance and Intent

Every bidder will submit with his bid, as required by Section 2.50.050 of Title 2, Chapter 2.50, a Certification of Compliance with the laws prohibiting discrimination and a Certification of Intent to implement an equal employment opportunity program on the form furnished in the Proposal section of these Specifications.

7-1.3. Equal Employment Opportunity Program

In addition to furnishing the Certifications of Compliance and Intent, each bidder will submit his equal employment opportunity program with his bid proposal. The EEOP shall contain the following information:

A. Analysis of current work force

(1) Total number of employees;

(2) Numerical racial breakdown of employees by job classification;

(3) Information on apprentices.

These figures will provide the base by which the low bidder's EEOP will be evaluated. Factors to be considered both in the original statistics and in any plans for future employment will include the percentage of minority population in San Mateo County, the availability of minority construction workers and the present minority representation in the various construction trades.

B. The affirmative actions the bidder has taken and will take to ensure equal employment opportunity. These shall include:

(1) Recruiting and hiring minority persons. If non-union personnel are employed, this would involve employment advertising through sources serving the minority population. These include local minority newspapers, referral agencies, high schools, vocational schools and community groups. Specific information on these sources may be obtained from the Compliance Officer. Union employees will be recruited in accordance with applicable labor agreements. The bidder will seek to have included or will reaffirm clauses in all labor agreements prohibiting discrimination based on race, religion, color, national origin, age, disability, ancestry, sexual orientation, or sex. It is also suggested that bidders assist in admitting minority workers who are over the traditional apprenticeship entry age to the various craft training programs.

(2) Providing adequate opportunity for the upgrading or further training of all employees to insure equal opportunity in advancement and promotion. This might include a counseling service, information and assistance with night classes, or special career-directed program information.

(3) Appointing an Equal Employment Opportunity Coordinator, full time or as an additional duty. This person will have the responsibility of administering an active program, informing company personnel and union representatives of company policy, and advising all subcontractors of their obligation to this program.

(4) Establishing or maintaining an apprenticeship/training program designed to ensure hiring of additional minority employees in the journeyman and skilled classes. Each bidder is urged to support or develop and implement an Apprenticeship Program for his trade.

(5) Selecting minority subcontractors or subcontractors who are known for their ongoing programs of apprenticeship for minorities. This includes advising minority Contractor associations of opportunities for subcontracts. Joint ventures with minority sub-contractors are encouraged.

C. The EEOP should state any previous experience the bidder has had with similar plans and the results of that effort. Current affirmative action plans should be described in detail.

7-1.4. Equal Employment Opportunity Program Evaluation

A. The Compliance Officer (CO) will review the EEOP submitted by the low bidder in order to determine whether the program submitted complies with the provisions of Section 2.50.040 of Title 2, Chapter 2.50, as amended, of the San Mateo County Ordinance Code, and these guidelines. If deficiencies are indicated, CO may request additional information from the bidder or suggest appropriate remedies. The CO will be available to answer questions relative to the guidelines and to advise those seeking assistance of other sources. CO will not be responsible for the service or lack of service rendered by the consultant recommended, nor will the CO develop an EEOP or serve as a recruiter for any bidder.

The low bidder may withdraw his EEOP for revision after consultation with the CO; however, the revised program must be resubmitted by a date not later than fifteen (15) calendar days after the opening of bids.

B. All subcontractors listed in the low bidder's proposal shall be required to file completed Certificates of Compliance and Intent and their EEOP with the Bidder for submission to the County. The EEOP of each subcontractor will be evaluated by criteria established for the low bidder's

EEOP.

C. The CO, upon conclusion of the EEOP review, will report his findings and recommendation to the Director of Public Works. The CO will keep acceptable EEOP’s on file for six (6) months. During this time period, if the bidder or subcontractors bid for other County contracts, they may refer to the EEOP on file and state any changes, but will not be required, unless specifically requested, to re-file their program.

7-1.5. Inclusion of EEOP and Certificates

Upon award of the Contract by the Board of Supervisors, the EEOP and certifications for the bidder and all subcontractors, which have been approved and accepted by the County, will become an integral part of the Contract and subject to the provisions thereof.

7-1.6. Compliance of Contractor

A. The Contractor will post, in conspicuous places available to employees and applicants for employment, notices, provided by the County, stating that the Contractor is obliged to comply with the provisions of these guidelines and the provisions of Section

2.050.040 of Title 2, Chapter 2.50, as amended, of the San Mateo County Ordinance Code. These notices will also be sent to all unions, employee organizations and other recruiting sources providing employees to the Contractor.

B. All announcements of job openings will include the statement, “An Equal Opportunity Employer.”

C. The Contractor will make written progress reports on a form provided by the County to illustrate the effectiveness of his EEOP at intervals established by the County.

D. The CO will monitor the Contractor's EEOP until completion of the Contract and will report non-compliance of the Contractor in adhering to his EEOP to the Director of Public Works.

E. The Contractor will permit, during Contractor's normal business hours and at Contractor's place of business, access by the County to his records of employment, employment advertisements, application forms and other data and records pertaining to Contractor's employment practices, for the purpose of determining whether Contractor is complying with the non-discrimination and equal employment opportunity rules of the County.

7-1.7. Compliance of Subcontractor

All subcontractors listed by the bidder are subject to all the provisions of these guidelines and the provisions of Section 2.050.040 of Title 2, Chapter 2.50, as amended, of the San Mateo County Ordinance Code.

7-1.8. Penalties for Non-Compliance

The penalties for non-compliance are listed in Title 2, Chapter 2.50, Section 2.50.050, which states:

a. “Every public works contract shall provide that a contractor who, within the time specified in the contract, does not submit an equal employment plan and make the certifications required in this chapter shall be in breach of the contract.”

“If, after an award is made, the contractor is found by the County or by a Federal or State agency empowered to make such findings to be in substantial or material violation of the Fair Employment Practices Act of the State of California, Title VII of the Civil Rights Act of 1964, or of the provisions of this chapter or of the Board-established guidelines implementing them, he may be found to be in material breach of contract, and the County shall have the power to cancel the contract in whole or in part, or alternatively, to deduct for each working day during which the contractor is found to have been in such non-compliance, two percent (2%) of the total amount payable to the contractor.”

7-1.9. Waiver of Compliance

In the event that any of the requirements of Sections 2.050.040 and

2.050.050 of Title 2, Chapter 2.50, as amended, of the San Mateo County Ordinance Code, are found to result in an undue hardship upon a low bidder, bidder may submit evidence of hardship and a petition for waiver of such requirements to the Director of Public Works for recommendation to the Board of Supervisors. Such a waiver may only be granted by the Board and, if approved, shall become an integral part of the contract.

7-1.10 Employee Benefits

All Contractors with contracts with the County of $5,000 or more shall comply with the provisions of Title 2, Chapter 2.84, as amended, of the San Mateo County Ordinance Code with respect to the provisions on employee benefits. As set forth in the ordinance, such contractors are prohibited from discriminating in the provisions of employee benefits between an employee with a domestic partner and an employee with a spouse. A copy of the Ordinance and Compliance form is attached to the Proposal Section of these Specifications.

In the event it is determined, by the County, that any portion of the County

Ordinance Code regarding employee benefits conflict with Federal or State regulations, the Federal or State regulations shall take precedence over the County Ordinance Code.

7-1.11 Non-Discrimination

No person shall be excluded from participation in, denied benefits of, or be subject to discrimination under this Agreement on the basis of their race, color, religion, national origin, age, sex, sexual orientation, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran’s status. Contractor shall ensure full compliance with Federal, State and local laws, directives and executive orders regarding non-discrimination for all employees and Subcontractors under this Agreement.

Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Executive, including but not limited to:

(1) termination of this Agreement;

(2) disqualification of the Contractor from bidding on or being awarded a County contract for a period of up to 3 years;

(3) liquidated damages of $2,500 per violation;

(4) imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Executive.

To effectuate the provisions of this paragraph, the County Executive shall have the authority to:

(1) examine Contractor’s employment records with respect to compliance with this paragraph;

(2) set off all or any portion of the amount described in this paragraph against amounts due to Contractor under the Contract or any other Contract between Contractor and County.

Contractor shall report to the County Executive the filing by any person in any court of any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission or any other entity charged with the investigation of allegations within thirty (30) days of such filing, provided that within such thirty (30) days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of such complaint and a description of the circumstance. Contractor shall provide County with a copy of its response to the Complaint when filed.

In the event it is determined, by the County, that any portion of these requirements regarding non-discrimination conflict with Federal or State regulations, the Federal or State regulations shall take precedence over County requirements.

7-2. Prevailing Wages Attention is directed to Section 7-1.02K(2), “Wages,” of the Standard

Specifications.

In accordance with the provisions of Section 1770 of the California Labor

Code, the Board of Supervisors of the County of San Mateo has ascertained the prevailing rate of wages applicable to the work to be done, which prevailing wage rates have been established as indicated in the Notice to Bidders and are incorporated herein by reference.

The Contractor’s attention is further directed to the following requirements of State Senate Bill SB 854 (Stat. 2014, chapter 28), effective January 1, 2015:

(1) 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)].

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

(3) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

7-2.1 Payroll Records Reference is made to Section 7-1.02K(3), “Certified Payroll Records

(Labor Code § 1776),” of the Standard Specifications. In particular, the Contractor’s attention is directed ‘to the last paragraph, which is amended to read:

“The Department withholds from progress payments for delinquent or inadequate records (Labor Code § 1771.5). If you have not submitted an adequate record by the month's 7th day for the period ending on or before the 1st of that month, the Department withholds up to ten percent (10%) of the monthly progress estimate, exclusive of mobilization. The Department does not withhold more than $10,000 or less than $1,000.

The Contractor is advised that Contractor shall submit either

Contractor’s Daily Dispatch Report at the start of each working day OR a Daily Personnel and Equipment Log (included as Appendix D of these Special Provisions) to the Engineer by the start of the first working day subsequent to the performance of the work, or Contractor may incur task-specific liquidated damages in the amount of $500 per calendar day for every day hence until submittal is made.

The Contractor is further advised that, pursuant to State Senate Bill SB 854 (Stat. 2014, chapter 28), effective January 1, 2015, all contractors and subcontractors working on a contract for public work on a public works project must furnish electronic certified payroll records to the Labor Commissioner.

7-2.2. Contractor Employee Jury Service All Contractors with contracts with the County of $100,000 or more shall comply with the provisions of Title 2, Chapter 2.85, as amended, of the San Mateo County Ordinance Code, with respect to provision of jury duty pay to employees and have and adhere to a written policy that provides that its employees shall receive from the Contractor, on an annual basis, no less than five (5) days of regular pay for actual jury service in San Mateo County. The policy may provide that employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the employees’ regular pay the fees received for jury service. A copy of the Ordinance and a Compliance Form is attached to the Proposal Section of these Specifications.

Award of a Contract to a low bidder will not be made until such bidder has certified compliance with the provisions of Title 2, Chapter 2.85, as amended, of the San Mateo County Ordinance Code.

7-3. Highway Construction Equipment

Attention is directed to Section 7-1.02O, “Vehicle Code,” of the Standard Specifications and these Special Provisions.

Pursuant to the authority contained in Section 591 of the Vehicle Code, the County has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code.

Attention is directed to the statement in Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment.

7-4. Public Safety Public Safety shall conform to the provisions in Section 7-1.04, “Public

Safety,” of the Standard Specifications and to these Special Provisions.

Full compensation for conforming to the requirements of this section shall be considered as included in the unit prices paid for the various Contract items of work, and no additional compensation will be allowed therefore.

SECTION 8.

PROGRESS OF WORK AND TIME OF COMPLETION

Attention is directed to the provisions of Section 8, “Prosecution and Progress,” of the Standard Specifications, except as herein provided.

8-1. Time of Completion The Contractor shall begin work within TEN (10) CALENDAR DAYS after receiving Notice to Proceed from the Department of Public Works, and shall diligently prosecute the same to completion before the expiration of

TWENTY-FIVE (25) WORKING DAYS

from the date of said beginning, as described above.

The Contractor is advised that punch list items are required to be completed before the expiration of the working days stated above.

The Contractor may request, in writing, for an extension of working days, which request shall state the reason for said request and the number of additional working days. The Engineer will consider said request and respond, in writing, stating either the number of additional working days approved or the reason for denying the request.

8-2. Liquidated Damages

Attention is directed to Sections 8-1.04, “Start of Job Site Activities,” 8- 1.05, “Time,” and 8-1.10, “Liquidated Damages,” of the Standard Specifications.

The Contractor is advised that task-based liquidated damages may be enforced in conformance with the following bid item-specific Special

Provisions:

(1) Section 5-4, “Permits and Licenses”

(2) Section 7-2a, “Payroll Records”

(3) Section 84, “Markings”

(4) Section 85, “Pavement Markers”

8-3. Progress Schedule

The Contractor is advised that an initial/baseline project schedule and subsequent schedule updates are required for the work included under this

Contract, and such schedules shall be in accordance with these Special

Provisions.

The provisions of Section 8-1.02, “Schedule,” of the Standard Specifications are superseded by the following:

“The Contractor shall submit a baseline project schedule to the Engineer within five (5) working days after receipt of the Notice to Proceed from the Department of Public Works. This baseline schedule and any subsequent schedule updates shall show:

(1) Completion of all work within the specified contract time;

(2) The proposed order of work; and

(3) Projected starting and completion times for major phases of the work, for the total project, including dates for ordering materials and for substantial completion of the project.

Reference is made to Section 8-1, “Time of Completion,” of these Special Provisions.”

The Contractor is advised that:

(1) Contractor shall notify the…