40971_Folsom_Blvd_Utilities_Potholing_Special_Provisions_090723.pdf

COUNTY OF SACRAMENTO

COMMUNITY SERVICES AGENCY

DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

FOR

CONTRACT No. 40971

POTHOLING UTILITIES

ON FOLSOM BOULEVARD

September 7, 2023

NOTE: The County of 2016 Sacramento Standard Construction Specifications revised

February 1, 2017, and the Standard Requirements for Sacramento County Encroachment Projects (Attachment A) dated January 3, 2018 are hereby made a part of these Specifications.

RON E. VICARI, DIRECTOR

DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

FOR

POTHOLING UTILITIES

ON FOLSOM BOULEVARD

PROJECT ENGINEER

ANTHONY VOO, P.E.

County of Sacramento Department of Transportation

4111 Branch Center Road Sacramento CA 95827

Email: vooa@saccounty.gov

POTHOLING UTILITIES ON FOLSOM BOULEVARD

TABLE OF CONTENTS

GENERAL PROVISIONS

MODIFICATIONS / ADDITIONS TO THE STANDARD CONSTRUCTION

SPECIFICATIONS

2-1 BID PROPOSAL

2-2 PREPARATION AND SUBMISSION OF BIDS

2-8 SUBCONTRACTORS

2-8.1 Required Listing of Subcontractors

2-9 ADDENDA

2-11 BID GUARANTEE

2-12 WITHDRAWAL OF BID

2-13 PUBLIC OPENING OF BIDS

3-3 AWARD OF CONTRACT

3-4 PERFORMANCE AND PAYMENT BONDS

3-7 EXECUTION OF CONTRACT

3-9 INSURANCE

3-9.01 General Liability

4-6 DOCUMENT PRECEDENCE

4-11 LANDS AND RIGHT-OF-WAY

5-1 AUTHORITY OF AGENCY

5-9 SURVEYS

5-9.03 Contractor Surveys-Construction Surveys and Survey Monuments

7-1 BEGINNING OF WORK

7-8 PEAK HOURS, HOURS OF DARKNESS, HOLIDAYS, AND WEEKENDS

7-8.01 Allowable Times and Hours of Work 7-8.02 Off Period Work

7-11 ORDER OF WORK

7-15 TIME OF COMPLETION

7-21 FINAL INSPECTION, FIELD ACCEPTANCE, AND NOTICE OF COMPLETION

7-21.02 Field Acceptance

7-22 FINAL ACCEPTANCE

8-7 RETENTION

8-7.01 Retention to Ensure Performance

MODIFICATIONS TO STANDARD REQUIREMENTS FOR SACRAMENTO COUNTY

ENCROACHMENT PROJECTS (ATTACHMENT A)

GENERAL DEPOSIT

DIRECTIONAL BORE REQUIREMENTS

BACKFILLING OF POTHOLES AND BORINGS WITHIN PAVEMENT AREAS

TEMPORARY PAVEMENT REQUIREMENTS

APPENDIX A – SAMPLE CONTRACT AGREEMENT

APPENDIX B – STANDARD REQUIREMENTS FOR SACRAMENTO COUNTY

ENCROACHMENT PROJECTS (ATTACHMENT A)

APPENDIX C – SAMPLE UTILITIES POTHOLING REPORT

APPENDIX D – PRICING PROPOSAL

CONTRACT No. 40971 SPECIAL PROVISIONS

GENERAL PROVISIONS

Modifications to the Standard Construction Specifications and the Sacramento County Standard Requirements for Encroachment Permits (Attachment A) are noted below. The Standard Construction Specifications and Attachment A along with these project special provisions shall be considered as one body of specifications.

MODIFICATIONS / ADDITIONS TO THE STANDARD CONSTRUCTION SPECIFICATIONS

2-1 BID PROPOSAL

The Contractor’s attention is directed to Section 2-1 “Bid Proposal” of the Standard Construction Specifications. The following is added before the last sentence of the first paragraph:

Signatures scanned or transmitted electronically shall be deemed original signatures for purposes of the Bid, with such scanned signatures having the same legal effect as original signatures.

The first sentence of the second paragraph is deleted and replaced with the following:

The Bid must be made on the bid proposal form furnished by the Agency as follows:

2-2 PREPARATION AND SUBMISSION OF BIDS

The Contractor’s attention is directed to Section 2-2 “Preparation and Submission of Bids” of the Standard Construction Specifications. The fifth and sixth paragraphs of this section are deleted in their entirety and replaced as follows:

Bids must be submitted on the Agency's eProcurement system website as indicated in the Notice to Bidders. All Bid pricing, forms, and attachments requested in the online Bid posting must be completed and submitted by the date and time indicated in the Notice to Bidders or subsequent Addendum in order for the Bid to be considered by the Agency. Bidders will receive a confirmation email from the Agency’s eProcurement system providing the date and time that the Bid was received by the Agency’s eProcurement system. Late Bids will not be accepted by the Agency. Bids delivered by hand, fax, telephone, e-mail, or any postal carrier will not be accepted by the Agency.

2-8 SUBCONTRACTORS

The Contractor’s attention is directed to the provisions in Section 2-8 “Subcontractors” of the Standard Construction Specifications. The following is added after the last sentence of the fourth paragraph in this section:

Bidders must complete all requested fields for each Subcontractor listed on the designation of subcontractors form provided in the Agency's eProcurement system and upload and submit a completed form with their Bid, failure to do so may be cause to reject the Bid.

No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a Subcontractor's work. If the Contractor violates Public Contract Code § 4100 et seq., the County of Sacramento may exercise the remedies provided under Public Contract Code § 4110. The County of Sacramento may refer the violation to the Contractors State License Board as provided under Public Contract Code § 4111. Each subcontract must comply with the contract.

Each Subcontractor must have an active and valid State Contractor's license with a classification appropriate for the work to be performed (Bus & Prof Code, § 7000 et seq.). Submit copies of subcontracts upon request by the Engineer. Before subcontracted work starts, submit a Subcontracting Request form (CEM-1201). Do not use a debarred Contractor; a current list of debarred Contractors is available at the Department of Industrial Relations' Web site. Upon request by the Engineer, immediately remove and not again use a Subcontractor who fails to prosecute the work satisfactorily.

2-8.1 Required Listing of Subcontractors

As of July 1, 2014 Public Contract Code Section 4104 (a) (1) states that “any person making a bid” must submit the Name, location of the place of business, AND the SUBCONTRACTOR’S LICENSE NUMBER on the bid proposal. The form for listing subcontractors is included in the Quote Proposal. The list of subcontractors shall also set forth the portion of work that will be done by each subcontractor listed.

In accordance with Public Contract Code Section 7106, a Non-Collusion Affidavit is included in the proposal. Signing the proposal shall also constitute signature of the Non-Collusion Affidavit.

2-9 ADDENDA

The Contractor’s attention is directed to Section 2-9 “Addenda” of the Standard Construction Specifications. This section is deleted in its entirety and replaced with the following:

The correction of material discrepancies in, or material additions to/omissions from, the Plans, Specifications, or other Contract document, or an interpretation thereof, during the bidding period will be made only by an Addendum issued by the Agency. Addenda will be posted on the Agency's eProcurement system website and available for review by all Bidders. Bidders must acknowledge any and all Addenda before submitting a Bid. Addenda become part of the Contract upon issuance.

Interpretations or explanations not included in an Addenda will not be considered binding.

2-11 BID GUARANTEE

The Contractor’s attention is directed to Section 2-11 “Bid Guarantee” of the Standard Construction Specifications. The following is added as the third paragraph to this section:

Bidders must upload a copy of their Bid Guarantee and submit it with their Bid in the Agency's eProcurement system. After Bids are opened and the apparent low bidder is identified, the apparent low Bidder must deliver their original Bid Guarantee to the Agency by 4:00 PM the first Monday following Bid Opening, to: County of Sacramento, Contracts & Purchasing Division, 9660 Ecology Lane, Sacramento, CA 95827.

2-12 WITHDRAWAL OF BID

The Contractor’s attention is directed to Section 2-12 “Withdrawl of Bid” of the Standard Construction Specifications. This section is deleted in its entirety and replaced with the following:

A Bid can be withdrawn prior to the time for the submission of Bids in the Notice to Bidders by canceling or deleting the submitted Bid in the Agency's eProcurement system. The withdrawal of a Bid does not prejudice the right of a Bidder to file a new or revised Bid in accordance with the Notice to Bidders. Bids can be revised in the Agency's eProcurement system prior to the Bid due date and time.

2-13 PUBLIC OPENING OF BIDS

The Contractor’s attention is directed to Section 2-13 “Public Opening of Bids” of the Standard Construction Specifications. This section is deleted in its entirety is replaced with the following:

Bids will be publicly opened by electronically unsealing the Bids on the Agency's eProcurement system website as indicated in the Notice to Bidders or a subsequent Addendum. Bidders and the public can view Bids received on the Agency's eProcurement system website after the Bid due date and time.

3-3 AWARD OF CONTRACT

Pursuant to Section 22034 of the Public Contract Code and 2.61.058 of the Sacramento County Code, this CUPCCAA Contract will be awarded by the Director of Transportation.

3-4 PERFORMANCE AND PAYMENT BONDS

For contracts in excess of $6,500, the Contractor shall provide a Performance Bond. For contracts in excess of $25,000, the Contractor shall provide a Payment Bond.

3-7 EXECUTION OF CONTRACT

A sample Contract Agreement is provided in Appendix A of these Special Provisions.

The executed contract shall be delivered to the following address:

Department of General Services, Contract and Purchasing Services Division 9660 Ecology Lane, Sacramento, CA 95827

3-9 INSURANCE

The Contractor’s attention is directed to Section 3-9 “Insurance” of the Standard Construction Specifications.

3-9.01 General Liability

The minimum limits of liability as indicated in the table of the first paragraph of Section 3-9.01, “General Liability” is amended to read as follows:

Commercial Type Minimum Limits Each Occurrence $3,000,000 Personal & Advertising Injury $1,000,000 Products & Completed Operations Aggregate $3,000,000 General Aggregate $3,000,000 Fire Damage $100,000

4-6 DOCUMENT PRECEDENCE

The Contractor’s attention is directed to Section 4-6 “Document Precedence” of the Standard Construction Specifications. Replace the numbered list in the first paragraph with the following:

1. Field Instructions or other written directives

2. Special Provisions (project-specific specifications)

3. Utilities Potholing Plans

4. Sacramento County Standard Requirements for Encroachment Permits (Attachment A)

5. County Standard Drawings

6. County Standard Specifications

7. State Standard Plans

8. State Standard Specifications

4-11 LANDS AND RIGHTS-OF-WAY

The Contractor’s attention is directed to Section 4-11 “Lands and Rights-of-Way” of the Standard Construction Specifications and these Special Provisions.

The roadway right of way shall be used only for purposes that are necessary to perform the required work. The Contractor shall not occupy the right of way, or allow others to occupy the right of way, for purposes which are not necessary to perform the required work. Determination of “necessary to perform work” will be made by the Agency if necessary.

The Contractor shall secure, at the Contractor’s own expense, any additional area required for storage of equipment or materials, or for other purposes. Use of the Contractor's work areas shall be at the Contractor's own risk, and the County shall not be held liable for any damage to or loss of materials or equipment located within such areas. Utilities, including but not limited to water or electricity, will not be provided and shall be the sole responsibility of the Contractor.

Residence trailers will not be allowed within the County right of way.

No vehicles, construction equipment, mobile home/office, supplies, materials or facilities shall be driven, parked, stockpiled or located within the driplines of oak trees.

The Contractor shall remove all equipment, materials, and rubbish from the work areas, which the Contractor occupies; and shall leave the areas in a presentable condition.

Full compensation for complying with the requirements of this section shall be considered incidental to the project and no additional payment will be made therefor.

5-1 AUTHORITY OF AGENCY

Coordination, oversight, and inspection of the Contractor’s activities will primarily be accomplished through the Agency’s Construction Management and Inspection Division (CMID) representative after obtaining an approved Encroachment Permit. The Contractor shall carry out instructions as received from the CMID representative.

5-9 SURVEYS

The Contractor’s attention is directed to 5-9 “Surveys” of the Standard Construction Specifications.

5-9.03 Contractor Surveys-Construction Staking and Survey Monuments

Section 5-9.03 ”Contractor Surveys-Construction Staking and Survey Monuments” of the Standard Construction Specifications is applicable to this contract.

7-1 BEGINNING OF WORK

The Contractor's attention is directed to Section 7-1 “Beginning of Work” of the Standard Construction Specifications. The entire section shall be replaced with the following:

No work can take place prior to receipt by the Agency of the executed Contract (as defined in Section 3-7, “Execution of Contract”) and review and approval of the prescribed bonds and insurance.

7-8 PEAK HOURS, HOURS OF DARKNESS, HOLIDAYS, AND WEEKENDS

The Contractor's attention is directed to Section 7-8 “Peak Hours, Hours of Darkness, Holidays, and Weekends” of the Standard Construction Specifications. No deviations will be allowed without the written approval of CMID.

7-8.01 Allowable Times and Hours of Work

Actual work hours will be determined by any potential lane closures indicated on site specific traffic control plans.

7-8.02 Off Period Work

Under no circumstances shall any night time potholing work be performed prior to and without the written permission of the Engineer. In the event of permitted night work, the Contractor shall maintain a minimum of one ten-foot (10’) minimum clear lane(s) in each direction between the hours of 7 p.m.

and 6 a.m.

7-11 ORDER OF WORK

The Contractor shall follow the sequence of operations as set forth therein.

The first order of work shall be to apply for a Sacramento County Encroachment Permit and prepare a Traffic Control Plan for review and approval. Prior to performing any excavation or exploratory work on any of the specified underground utility facilities, the Contractor shall contact Sacramento County’s Site Improvement and Permit (SIPS) Section to apply for and obtain an Encroachment Permit (http://www.engineering.saccounty.net/sips/Pages/EncroachmentPermits.aspx), and approval of a Traffic Control Plan for the work (http://www.sacdot.com/Pages/TrafficControlPlansandDetourPlans.aspx).

The Contractor shall not be responsible for any Encroachment Permit Deposit or Fees while performing work for this contract service.

The second order of work shall be to perform potholing of existing underground utility facilities as identified on the Utilities Potholing Plans. After receiving approval of the Encroachment Permit, the Contractor shall contact CMID at 916-875-2707 to activate the permit and to schedule a pre-construction meeting. The Contractor shall also contact Underground Services Alert (USA) at 811 at least 5 working days prior to the potholing work, but not more than 14 calendar days.

The third order of work shall be to provide a report of the utility information collected. The Contractor shall provide a report that clearly defines the location of the utility facilities with respect to existing features in units of tenths of a foot and depth in units of hundredths of a foot. A sample of a report is included in Appendix C of these Special Provisions. Additional documentation such as notes, data tables, drawings, photos, etc… are acceptable. Information obtained from each pothole location shall include:

• Pothole identification number that corresponds with the Utilities Potholing Plans.

• Size (width, diameter) and type of utility facility including sleeve casings, duct banks, and concrete encased utilities.

• Horizontal location, a distance from the center point of the utility facility to the center point of at least two (2) existing visible features (manholes, utility covers, poles, etc...).

• Depth of the utility facility (top of facility to existing surface grade.

The Contractor has total responsibility for the accuracy and completeness of the data collected and represented in the product delivery. The values, calculations, reports, and other documents furnished shall be of a quality acceptable to the County’s Project Engineer. The criteria for acceptance shall be a product of neat appearance, well organized, legible, technically and grammatically correct.

The fourth order of work shall be to backfill potholes and to restore the potholed pavement surfaces. After the utility facility has been located and measured (horizontally and vertically), the pothole shall be backfilled per provisions in Attachment A and the pavement surface shall be restored with temporary pavement per the provisions in the first paragraph of the section “Temporary Pavement Requirements” in Attachment A.

The fifth order of work shall be to remove USA markings form the pavement surface. After the potholes have been backfilled and pavement surfaces restored as verified by CMID, USA related markings shall be removed per the provisions in Attachment A.

7-15 TIME OF COMPLETION

The Contractor's attention is directed to Section 7-15 “Time of Completion” of the Standard Construction Specifications. The second paragraph of Section 7-15 “Time of Completion” of the Standard Construction Specifications is not applicable to this contract. The Contract Time for completion of the fifth order of work shall be by November 17, 2023.

7-21 FINAL INSPECTION, FIELD ACCEPTANCE, AND NOTICE OF COMPLETION

The Contractor's attention is directed to Section 7-21 “Final Inspection, Field Acceptance, and Notice of Completion” of the Standard Construction Specifications.

7-21.02 Field Acceptance

The entire section shall be replaced with the following:

CMID will issue a Field Acceptance letter if it finds all field work has been completed and corrections acceptable.

7-22 FINAL ACCEPTANCE

The Contractor's attention is directed to Section 7-22 “Final Acceptance” of the Standard Construction Specifications. The entire section shall be replaced with the following:

Upon final completion of the Work as determined by the Project Engineer with respect to the pothole report and Field Acceptance, the Project Engineer will approve final payment of the contract.

8-7 RETENTION

The Contractor's attention is directed to Section 8-7 “Retention” of the Standard Construction Specifications.

8-7.01 Retention To Ensure Performance

Ten percent (10%) of each progress payment will be retained until the Work has been completed.

MODIFICATIONS TO THE STANDARD REQUIREMENTS FOR SACRAMENTO

COUNTY ENCROACHMENT PROJECTS (ATTACHMENT A)

GENERAL DEPOSIT

The section “General Deposit” in Attachment A shall not apply.

DIRECTIONAL BORE REQUIREMENTS

The section “Directional Bore Requirements” of Attachment A shall not apply.

BACKFILLING OF POTHOLES AND BORINGS WITHIN PAVEMENT AREAS

Add the following after the first sentence of the first paragraph:

The holes backfilled with native or aggregate base materials shall be filled and compacted in 6” lifts to achieve 95% compaction.

TEMPORARY PAVEMENT REQUIREMENTS

The second, third, and fourth paragraph of the section “Temporary Pavement Requirements” in Attachment A shall not apply.

APPENDIX A

SAMPLE CONTRACT AGREEMENT

Contract No. XXXXX

NEGOTIATED CONTRACT

PROJECT NAME

THIS AGREEMENT is made and entered into on MONTH DATE, 2021, by and between COUNTY OF SACRAMENTO, a political subdivision of the State of

California, hereinafter referred to as “COUNTY” and _________________ (ENTITY e.g. “a California corporation, etc.”), hereinafter referred to as “CONTRACTOR.”

WHEREAS, COUNTY adopted the California Uniform Public Construction Cost

Accounting Act (CUPCCAA) by passage of Ordinance Sacramento County Charter

No. 1150, adding Section 2.155 to the Sacramento County Code; and

WHEREAS, the alternative bidding procedures provided for under

CUPCCAA allow local public agencies to perform work by negotiated contract or purchase order up to Sixty Thousand Dollars ($60,000); and

WHEREAS, the Director of the Department of [DEPARTMENT] caused

Contract Documents for the work hereinafter mentioned to be prepared, and approved and adopted said Contract Documents; and

WHEREAS, a Notice inviting proposals for the performance of said work was distributed in the time and manner required by law; and

WHEREAS, in response to the Notice, Contractor submitted within the time and in the manner specified, a proposal for the performance of the work specified in the plans and specifications; and

WHEREAS, Contractor(s) proposal(s) were opened and reviewed in the manner provided by law; and

WHEREAS, staff recommends the contract be awarded to CONTRACTOR.

NOW, THEREFORE, in consideration of the mutual promises herein, the parties hereto agree as follows:

1. CONTRACT DOCUMENTS

The following documents are by this reference incorporated in and made a part of this Agreement:

Notice to Contractors

Contractor’s Accepted Proposal attached as Exhibit A

The Standard Construction Specifications adopted by the Sacramento

County Board of Supervisors on July 17, 2001; and revised thereafter on:

March 2004, January 2008, January 2016, and February 2017

The Special Provisions

Contract Drawings and Attachments (if applicable)

Performance Bond and Payment Bond (as applicable per the contract sections below) attached as Exhibit B

All Ancillary Documents

“Ancillary Documents” shall be defined as but not limited to supplemental agreements, change orders, Field Instructions, assignments, amendments, or any other written directives.

The documents which describe the work to be performed are collectively referred to herein as the Contract Documents. In the case of conflicting documents, this Agreement takes precedence over all others, except Exhibit

C and Exhibit D.

2. SCOPE OF WORK

Contractor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship required for this Agreement as provided and set forth in the Contract Documents, which are hereby incorporated herein and made a part of this Agreement.

All of the work done under this Agreement shall be under the supervision of and performed to the satisfaction of the Director of [Department] or designee, who shall have the right to reject any and all materials and supplies furnished by

Contractor which do not comply with said Contract Documents, together with the right to require Contractor to replace any and all work furnished by Contractor which is not, either in workmanship or material, in strict accordance with the

Contract Documents.

3. COMPLETION

Said work shall be completed and ready for acceptance within NUMBER calendar or working days of completion from the date of commencement by this

Agreement entered date.

4. PAYMENT & SUBMISSION OF INVOICES

Attached hereto as Exhibit A, and by reference made a part hereof, is the proposal and submittal of Contractor. Said proposal and submittal contain the full and complete schedule of the different items of work with the lump sums or unit prices specified as required by the terms of said Contract Documents.

The County agrees, in consideration of the work to be performed herein and subject to the terms and conditions of this Agreement, to pay Contractor all sums of money which may become due to Contractor in accordance with the terms of this Agreement and Contractor’s proposal/submittal, to wit: Amount in words

($XX,XXX.XX). Said sum shall be paid in accordance with Section 8 of the Standard

Construction Specifications. With respect to those portions of the above sum which are based upon estimated quantities, payment will be based upon the actual quantities as measured upon completion. No payment made under this Agreement shall be construed to be an acceptance of defective work or improper materials.

CONTRACTOR shall address and submit all invoices associated with this

Agreement via e-mail to: [project manager e-mail].

CONTRACTOR shall include the following information on all invoices:

A. Agreement Number _____________

B. Project Name _________________

C. Date of Invoice Submission

D. Time Period Invoice Covers

E. Services Provided and Respective Compensation Requested (as indicated on the blank Progress Payment Template attached)

F. Any other information deemed necessary by CONTRACTOR and/or

COUNTY.

5. COMPLIANCE WITH LAWS

CONTRACTOR shall observe and comply with all applicable Federal, State, and County laws, regulations and ordinances.

[Include the below if contract is not federally-funded]

6. PREVAILING WAGES (Non-Federal) Pursuant to the provisions of State of California Labor Code, Division 2, Part

7, Chapter 1, Articles 1 and 2 (Sections 1720-1781) not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the work contemplated under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of said work by Contractor, or by any subcontractor doing or contracting to do any part of said work. The appropriate determination of the Director of the California

Department of Industrial Relations is filed with, and available for inspection at, the office of the Clerk of the Governing Board.

In accordance with 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 works project of twenty-five thousand dollars ($25,000) or less when the project is for construction work, or for any public works project of fifteen thousand dollars

($15,000) or less when the project is for alteration, demolition, repair, or maintenance work.

Contractor shall post, at each jobsite, a copy of such prevailing rate of per diem wages as determined by the Director for the California Department of

Industrial Relations.

[Include the below if the contract is federally-funded]

7. PREVAILING WAGES (Federal) All labor on the project shall be paid no less than the minimum wage rates as established by the U.S. Secretary of Labor or as determined by the Director of the California Department of Industrial Relations. The higher of the two rates will be paid in accordance with the following acts and codes:

(1) The Davis-Bacon Act, and

(2) Section 1770, and following, of the California Labor Code.

Copies of the minimum wage rates established by the Secretary of the U.S.

Department of Labor (www.wdol.gov) and the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations

(http://www.dir.ca.gov/OPRL/PWD/index.htm ) are on file at the office of the Labor

Compliance Program, 9700 Goethe Road, Suite D, Sacramento, California 95827, and are available upon request.

The County will not accept lower State wage rates not specifically included in the

Federal Minimum Wage Decision. This includes “helper” (or other classifications based on hours of experience) or any other classification not appearing in the

Federal Wage Decision. Where the Federal Wage Decision does not contain the

State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the

Federal minimum wage rate which most closely approximates the duties of the employees in question http://www.wdol.gov/ http://www.dir.ca.gov/OPRL/PWD/index.htm

The County of Sacramento received final approval from the Director of California

Department of Industrial Relations as a Labor Compliance Program effective March

15, 1994. All questions regarding this Labor Compliance Program and prevailing wage requirements should be directed to the office of Labor Compliance Program at (916) 875-2711.

8. INSURANCE

Contractor shall carry and maintain during the life of this Agreement, such public liability, property damage and contractual liability, auto, workers’ compensation and builders’ risk insurance as required by Section 3-9 of the

Standard Construction Specifications and as required by any modifications of said

Section in the Special Provisions.

9. WORKERS’ COMPENSATION CERTIFICATION

By execution of this Agreement, Contractor certifies as follows:

“I am aware of the provisions of Section 3700 of the State of California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

10. PERFORMANCE AND PAYMENT BONDS

Contractor shall, before beginning work under this Agreement, file two bonds with the [COUNTY/AGENCY], each made payable to the [COUNTY/AGENCY]. These bonds shall be issued by a surety company authorized to do business in the State of California, and shall be maintained during the entire life of this Agreement at the expense of Contractor. One bond shall be in the amount of one hundred percent

(100%) of this Agreement and shall guarantee the faithful performance of this

Agreement. The second bond shall be the payment bond required by the State of

California Civil Code, Division 4, Part 6, Title 3, Chapter 5 (Sections 9550-9566), and shall be in the amount of one hundred percent (100%) of this Agreement. Any alterations made in the specifications which are a part of this Agreement or in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of State of

California Civil Code Sections 2819 and 2845.

[Variation: If contract total budget amount is under $25,000]

A. PERFORMANCE BOND

Contractor shall, before beginning work under this Agreement, file a bond with the COUNTY, made payable to the County of Sacramento. The bond shall be issued by a surety company authorized to do business in the State of California, and shall be maintained during the entire life of this Agreement at the expense of CONTRACTOR. The bond shall be in the amount of one hundred percent (100%) of this Agreement and shall guarantee the faithful performance of this Agreement.

B. PAYMENT BOND

Based upon the current dollar value of this Negotiated Contract, Contractor is not required to provide a Payment Bond with the COUNTY at this time.

Should this contract exceed the Civil Code Expenditure amount in excess of

$25,000.00 via a Change Order, then CONTRACTOR will be required to provide a Payment Bond before the change work can commence.

Any alterations made in the specifications which are a part of this

Agreement or in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of State of California Civil Code Sections 2819 and

2845.

11. INDEMNIFICATION

Contractor shall indemnify, defend, and hold harmless COUNTY, its Board of

Supervisors, officers, directors, agents, employees and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and costs, including reasonable attorneys’ fees, arising out of or resulting from the performance of this Agreement, regardless of whether caused in part by a party indemnified hereunder.

12. NO LIMITATION OF LIABILITY FOR INDEMNIFICATION

This indemnity obligation shall not be limited by the types and amounts of insurance or self-insurance maintained by Contractor or Contractor’s subcontractors at any tier. Nothing in this indemnity obligation shall be construed to create any duty to, any standard of care with reference to, or any liability or obligation, contractual or otherwise, to any third party.

The provisions of this indemnity obligation shall survive the expiration or termination of this Agreement.

13. NON-DISCRIMINATION IN EMPLOYMENT

A. Contractor shall comply with all applicable federal, state, and local anti-discrimination laws, regulations, and ordinances and shall not discriminate against any employee, applicant for employment, or volunteer because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, refuse to hire or employ the person or refuse to select the person for a training program leading to employment, or bar or discharge the person from employment or from a training program leading to employment, or discriminate against the person in compensation or in terms, conditions, or privileges of employment. Contractor agrees to post, in conspicuous places, available to employees and applicants for employment, notices that Contractor shall provide an atmosphere free of sexual harassment for employees, clients, volunteers and the general public.

B. Contractor shall require all subcontractors comply with this nondiscrimination provision.

14. TERMINATION WITHOUT CAUSE

COUNTY shall have the right to terminate this Agreement without cause. In the event of such termination, the Contractor shall be entitled to payment for all work done up to the time of termination.

15. CERTIFICATION OF NON-DEBARMENT

Reference Government Debarment and Suspension (49 CFR Part 29).

The Contractor certifies, by acceptance of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a federally funded contract by any federal department or agency. It further agrees by executing this contract that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts.

16. CHILD AND FAMILY SUPPORT OBLIGATIONS

A. CONTRACTOR’s failure to comply with state and federal child, family and spousal support reporting requirements regarding a contractor’s employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment relating to child, family and spousal support obligations shall constitute a default under this

Agreement.

B. CONTRACTOR’s failure to cure such default within 90 days of notice by

COUNTY shall be grounds for termination of this Agreement.

17. GOVERNING LAWS AND JURISDICTION

This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shall be brought in Sacramento County, California.

18. CHANGE ORDERS AND AMENDMENTS

Any change in the scope of work, method of performance, nature or price of materials, alteration, amendment, variation, or waiver of the terms of this

Agreement shall not be valid unless such change, alteration, waiver or deletion is approved in writing by the County. Such changes can be done through a written change order or amendment to this Agreement.

Unless otherwise authorized, any change order or other amendment to this

Agreement, shall not exceed 10% of the original contract amount.

19. MISCELLANEOUS PROVISIONS

A. This Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in interest of [COUNTY] in the same manner as if such parties had been expressly named herein.

B. All times stated herein or in the contract documents are of the essence hereof.

C. As used in this instrument the singular includes the plural, and the masculine includes the feminine and the neuter.

D. Interpretation - This Agreement shall be deemed to have been prepared equally by both of the parties, and the Agreement and its individual provisions shall not be construed or interpreted more favorably for one party on the basis that the other party prepared it.

E. Each person executing this Agreement represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this Agreement for or on behalf of the parties to this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized.

20. DUPLICATE COUNTERPARTS

This Agreement may be executed in duplicate counterparts. The Agreement shall be deemed executed when it has been signed by both parties.

Signatures scanned and transmitted electronically shall be deemed original signatures for purposes of this Agreement, with such scanned signatures having the same legal effect as original signatures. This Agreement may be executed through the use of an electronic signature and will be binding on each party as if it were physically executed.

(SIGNATURE PAGE FOLLOWS)

IN WITNESS WHEREOF, COUNTY and Contractor have caused this Agreement to be executed as of the day and year first above written.

COUNTY OF SACRAMENTO,

a political subdivision of the State of California

By [Signatory]

Department of [Department]

“COUNTY”

(ENTITY e.g. “a California corporation, etc.”)

Authorized Representative

Authorized Representative

“CONTRACTOR”

THIS AGREEMENT FORMAT HAS BEEN APPROVED BY COUNTY COUNSEL

Prepared by:

Contract and Purchasing Services Division

Department of General Services

APPENDIX B

STANDARD REQUIREMENTS FOR

SACRAMENTO COUNTY ENCROACHMENT PROJECTS

(ATTACHMENT A)

APPENDIX C

SAMPLE UTILITIES POTHOLING REPORT

SACRAMENTO COUNTY - CONTRACT No. 40971

POSITIVE LOCATION OF UTILITIES ON FOLSOM BLVD

POTHOLING REPORT

POTHOLE

NUMBER OWNER FACILITY ~LOCATION REFERENCE

FEATURE (To Direction)

~HORIZ DISTANCE

TO EXIST FEATURE

(FIELD MEASURE)

~DEPTH

FROM SURFACE

SURFACE

ELEVATION

TOP OF UTILITY

ELEVATION NOTES

Joint Pole UD 73742 (NW)

SMUD JP UD 73742 south Guy Anchor (SW)

AT&T MH (W)

SMUD JP UD 73742 east Guy Anchor (SW)

AT&T MH (NW)

SMUD JP UD 73742 east Guy Anchor (SW)

AT&T MH (NW)

SMUD JP UD 73742 east Guy Anchor (SW)

Edge of Pavement (N)

"NO STOPPING" sign post (SW)

Edge of Pavement (N or S?)

"NO STOPPING" sign post (SW)

Edge of Pavement (N or S?)

"NO STOPPING" sign post (SW)

SMUD MH (NE)

AT&T FO Marker 733+68 (S)

SMUD MH (NE)

AT&T FO Marker 733+68 (S)

SMUD MH (NE)

AT&T FO Marker 733+68 (S)

SMUD MH (N)

AT&T FO Marker 733+68 (W)

SRTD Vault (SW)

Edge of Pavement (N or S?)

SRTD Vault (SW)

Edge of Pavement (N or S?)

SRTD Vault (SW)

Edge of Pavement (N or S?)

SMUD JP UD 73744 (SW)

SMUD MH (S)

14 SMUD 12 KV,

6" Conduit

Top of Pipe, in Rdwy Pvmt15 SMUD 12 KV, 6" Conduit

Top of Concrete Encased Conduits, off Rdwy Shld

Top of Pipe, off Rdwy Shld

13 AT&T

Legacy

FO, Concrete Duct Bank Top of Pipe, in Rdwy Pvmt

12 AT&T Conduits or Duct Bank?

AT&T

Legacy

Top of Pipe, in Rdwy Pvmt

11 SMUD 12 KV,

4" & 6" Cond Top of Pipe, in Rdwy Pvmt

10 SMUD 12 KV,

6" Conduit

Conduits or Duct Bank?

Top of Concrete Encased Conduits, in Rdwy Shld Pvmt

Top of Concrete Encased Conduits, off Rdwy Shld6 FO, Concrete

Duct Bank

4 12 KV,

6" Conduit

Top of Concrete Encased Conduits, in Rdwy Shld Pvmt within State of CA property, need

ROE!

3 FO, Concrete Duct Bank

Top of Concrete Encased Conduits, off Rdwy Shld5 Conduits or

Duct Bank?

AT&T

Legacy

SMUD

AT&T

Top of Pipe, off Rdwy Shld

Top of Conduit. Within State of CA property, need ROE!

2 Conduits or Duct Bank? Top of Pipe, off Rdwy Shld

1 12 KV,

4" ConduitSMUD

AT&T

9 AT&T

Legacy

FO, Concrete Duct Bank

Top of Concrete Encased Conduits, off Rdwy Shld

7 SMUD 12 KV,

6" Conduit

Top of Conduit, in Rdwy Pvmt within State of CA property, need ROE!

8 AT&T

Folsom Blvd Utilities Potholing_Report Page 1 of 2

Contractor: ______________

Report Prepared By: ________

Date: ________

SACRAMENTO COUNTY - CONTRACT No. 40971

POSITIVE LOCATION OF UTILITIES ON FOLSOM BLVD

POTHOLING REPORT

POTHOLE

NUMBER OWNER FACILITY ~LOCATION REFERENCE

FEATURE (To Direction)

~HORIZ DISTANCE

TO EXIST FEATURE

(FIELD MEASURE)

~DEPTH

FROM SURFACE

SURFACE

ELEVATION

TOP OF UTILITY

ELEVATION NOTES

SMUD MH (SW)

Edge of Pavement (N or S?)

SMUD MH (SW)

Edge of Pavement (N or S?)

SMUD JP UD 1723290 (S)

Edge of Pavement (N or S?)

SMUD JP UD 1723290 (S)

Edge of Pavement (N or S?)

AT&T MH (E )

Edge of Pavement (N or S?)

AT&T MH (E )

Edge of Pavement (N or S?)

SMUD JP UD 73747 (SE)

Edge of Pavement (N or S?)

SMUD JP UD 73747 (SE)

Edge of Pavement (N or S?)

Traffic Signal Pole (S)

Traffic Signal Pole (SW)

Traffic Signal Pole (W)

Traffic Signal Pole (SW)

Traffic Signal Pole (NW)

Traffic Signal Pole (W)

SDMH (N)

SASD MH (NE)

SDMH (N)

SASD MH (NW)

Top of Concrete Encased Conduits, in Rdwy Shld Pvmt

17 AT&T

Legacy

FO, Concrete Duct Bank Top of Conduit, in Rdwy Shld Pvmt

18 AT&T Conduits or Duct Bank? Top of Conduit, in Rdwy Shld Pvmt

19 AT&T

Legacy

FO, Concrete Duct Bank

16 AT&T Conduits or Duct Bank? Top of Pipe, in Rdwy Pvmt

20 AT&T Conduits or Duct Bank? Top of Pipe, in Rdwy Pvmt

21 AT&T

Legacy

FO, Concrete Duct Bank Top of Pipe, off Rdwy Shld

22 AT&T Conduits or Duct Bank? Top of Pipe, in Rdwy Pvmt

23 AT&T

Legacy

FO, Concrete Duct Bank

Top of Concrete Encased Conduits, off Rdwy Shld

24 AT&T

Legacy

FO, Concrete Duct Bank Top of Pipe, in Rdwy Pvmt

25 AT&T Conduits or Duct Bank? Top of Pipe, in Rdwy Pvmt

28 PG&E 4" Gas Main Top of Concrete Encased Conduits, in Rdwy Shld Pvmt

26 CAWC 12" Water Main Top of Conduit, in Rdwy Shld Pvmt

27 PG&E 4" Gas Main Top of Conduit, in Rdwy Shld Pvmt

Folsom Blvd Utilities Potholing_Report Page 2 of 2

Contractor: ______________

Report Prepared By: ________

Date: ________

APPENDIX D

PRICING PROPOSAL

(Refer to eProcurement system for the pricing proposal)

40971 Folsom Blvd Utilities Potholing_Special Provisions_CS.pdf