4572_Specification.pdf

COUNTY OF SACRAMENTO

COMMUNITY SERVICES AGENCY

DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

ROSEVILLE ROAD RR CROSSING – SECTION 130

STREET LIGHT INSTALLATION PROJECT

Contract No. 4572

TABLE OF CONTENTS

SECTION 1. TERMS AND DEFINTIONS

1-1 General 1-3 Definitions

SECTION 2. BID REQUIREMENTS AND CONDITIONS

2-1.01 Unit Price Bid 2-1.03 Allowances 2-5.01 Registration with CA Department of Industrial Relations 2-8 Subcontractors

SECTION 3. AWARD AND EXECUTION OF CONTRACT

3-3 Award of Contract 3-4 Performance and Payment Bonds 3-7 Execution of the Contract 3-8 Failure to Execute Contract 3-9 Insurance

SECTION 4. SCOPE OF WORK

4-5 Field Instructions or Other Written Directives 4-7 Request for Information

SECTION 5. CONTROL OF WORK AND MATERIALS

5-14 Substitutions 5-17.03 Control of Materials

SECTION 6. LEGAL RELATIONS AND RESPONSIBILITIES

6-1.02 Prevailing Wage 6-1.03 Payroll Records 6-1.04 Nondiscrimination 6-11 Existing Utilities

SECTION 7. PROSECUTION OF THE WORK

7-4.04 Order of Work 7-5.06 Progress Schedule and CPM Schedule (Summary) 7-15 Time of Completion 7-20 Cleaning Up

SECTION 8. MEASUREMENT AND PAYMENT

8-2.07 Prompt Progress Payment to Subcontractors 8-2.08 Prompt Payment of Withheld Funds to Subcontractors 8-7 Retention

SECTION 9. CHANGES AND CLAIMS

9-14 Contract Change Order (CCO)

SECTION 10. ENVIRONMENTAL CONTROLS AT WORK SITE

10-4 Erosion, Sediment, and Water Pollution Control 10-6 Removal of Asbestos and Hazardous Substances 10-10 Surface Mining and Reclamation Act

Roseville Road RR Crossing Street Light Project Contract No. 4572 ii

SECTION 11. PRECONSTRUCTION PHOTOGRAPHS AND RECORD DRAWINGS 12

11-2.01 Preconstruction Photographs 11-2.02 Post Construction Photographs 11-3.01 Record Drawings 11-4 Measurement and Payment

SECTION 12. SAFETY, PUBLIC CONVENIENCE, AND TRAFFIC CONTROL

12-4.03 Project Specific Traffic Control Plan Requirements

SECTION 13. EXISTING FACILITIES

SECTION 15. CLEARING AND GRUBBING

SECTION 18. EARTHWORK

18-7 Surplus Material Disposal

SECTION 22. BASE MATERIAL

22-2.01 Class 2 Aggregate Base Project Requirements

SECTION 23. ASPHALT CONCRETE

23-8.02B Pre-Overlay Preparation

SECTION 26. COLD PLANE ASPHALT CONCRETE PAVEMENT

26-2.01 Pavement Keycutting – Wedge Grind 26-4.01 Planed Pavement Conforms – Conform Grind

SECTION 27. CURB, GUTTER, SIDEWALKS, AND DRAINAGE STRUCTURES

SECTION 39. MANHOLES

SECTION 48. TRAFFIC STRIPES AND PAVEMENT MARKINGS

SECTION 49. SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS

SECTION 50. CONSTRUCTION MATERIALS

50-17.01 Asphaltic Emulsion Binder (Tack Coat) 50-17.02 Slurry Seal

APPENDIX

Detail 5-1: Street Lighting Poles & Symbols Detail 5-3: Type ‘A’ Light Standard Detail 5-8: Street Light Base Location Detail 5-9M: Metered Service Enclosure Can

FORMS

Contract Agreement (6 sheets) Escrow Agreement (7 sheets) Payment Bond (2 sheets) Performance Bond (2 sheets)

COUNTY OF SACRAMENTO

COMMUNITY SERVICES AGENCY

DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

Contract No. 4572

SECTION 1 TERMS AND DEFINITIONS

1-1 GENERAL

The work embraced herein shall conform to the provisions in the State of California, Department of Transportation, Standard Specifications (herein after referred to as the “State Specifications”) and Standard Plans (herein after referred to as the “State Plans”) dated 2018 with revisions, the County of Sacramento Standard Construction Specifications (herein after referred to as the “Standard Construction Specifications”) dated September 2001 (revised February 2017), and these Special Provisions.

Amendments to the State Specifications set forth in these Special Provisions shall be considered as part of the State Specifications for the purposes set forth in Section 5-1.04, "Coordination and Interpretation of Plans, State Specifications, and Special Provisions," of the State Specifications.

Whenever either the term "State Specifications is amended" or the term "State Specifications are amended" is used in the Special Provisions, the indented text following said term shall be considered an amendment to the State Specifications. In case of conflict between such amendments and the State Specifications, the amendments shall take precedence over and be used in lieu of the conflicting portions.

In the event of conflict with respect to the Contract or between the documents listed below or referenced herein, the order of precedence, highest to lowest, shall be as follows:

1. Field Instructions

2. Special Provisions

3. Project Plans

4. County of Sacramento Standard Construction Specifications dated 2016 (revised

February 2017)

5. State Specifications (Caltrans), 2018 Edition

6. State Plans (Caltrans), 2018 Edition

1-3 DEFINITIONS

Whenever the State Specifications, Special Provisions, Notice to Contractor, Proposal, Contract or other contract documents use the following abbreviations and terms, the intent and meaning shall be interpreted as follows:

TERM

INTENT AND MEANING

Agency Public Works and Infrastructure of the County of Sacramento, as created by law

Attorney General County Counsel of the County of Sacramento Board Of Supervisors Board of Supervisors of the County of Sacramento County County of Sacramento, a political subdivision of the State of California Department County of Sacramento, Department of Transportation, Public Works and Infrastructure Director Director, Department of Transportation, Public Works and

Infrastructure, County of Sacramento.

Engineer Director, Department of Transportation, Public Works and

Infrastructure, County of Sacramento acting personally or through agents or assistants duly authorized by the Director.

Standard Construction Specifications County of Sacramento Construction Specifications dated September 2001 (revised February 2017).

State Specifications Or State Specifications

The State Specifications dated 2018, of the State of California Department of Transportation. Any reference therein to the State of California or a State agency, office or officer shall be interpreted to refer to the County of Sacramento, office or officer acting under this contract.

State County of Sacramento, a political subdivision of the State of California Reference is made to Section 1 of the State Specifications and Section 1 of the Standard Construction Specifications for other pertinent definitions.

SECTION 2 BID REQUIREMENTS AND CONDITIONS

The Contractor’s attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the State Specifications, Section 2 “Bid Requirements and Conditions,” of the Standard Construction Specifications, and these Special Provisions for the requirements and conditions which must be observed in the preparation of the proposal form and the submission of the bid.

2-1.01 UNIT PRICE BID

The Estimated Quantities included on the bid form are approximate and are only included in the bid form as a basis for comparison of Bids. The Agency does not, expressly or by implication, represent or agree that the actual amount of work will equal the approximate Estimated Quantities.

Payment will be made for the actual quantity of Work performed in accordance with the Contract.

The Agency reserves the right to increase or decrease the amount of any class or portion of the Work, or to omit portions of the Work, as may be deemed necessary or advisable in the sole discretion of the Agency.

The Contractor shall make no claim nor receive any compensation for anticipated profits, loss of profit, damages, or any extra payment due to any difference between the amount of work actually completed, or materials or equipment furnished, and the Estimated Quantities. If the final quantity of any item of work required under the Contract varies from the Engineer’s Estimate by twenty-five percent (25%) or more, compensation will be adjusted in accordance with State Standard Specification Section 4-1.03B, “Increased or Decreased Quantities”. For compensation for alterations in quantities of work, including deviations greater than twenty-five percent (25%), see Section 9-8.02, “Payment for Changes – Unit Prices”, of the Standard Construction Specifications.

2-1.03 ALLOWANCES

Allowances shall conform to Section 2-1.03, “Allowances,” and Section 8-2.05, “Allowances,” of the Standard Construction Specification and these Special Provisions.

The Contractor shall not begin any Allowance work without a written directive from the Agency. In absence of an agreed lump sum price for the Allowance work, the Agency may direct the Contractor to proceed with the Allowance work on a Force Account basis. Force Account shall conform to Section 9-8.03, “Force Account,” of the Standard Construction Specifications.

The Contractor shall make no claim nor receive any compensation for anticipated profits, loss of profit, damages, or any extra payment due to any difference between the amount of work actually completed, or materials or equipment furnished, and the Estimated Quantities for the Allowance.

2-5.01 REGISTRATION WITH CA DEPARTMENT OF INDUSTRIAL RELATIONS

The California State Senate passed SB854 on June 20, 2014, establishing a new public works Contractor Registration Program. It requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR).

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

2-8 SUBCONTRACTORS

As required by Sections 2-8, “Subcontractors”, of the Standard Construction Specifications, the Contractor shall submit all subcontractors’ license numbers to County within three (3) business days of the bid opening. Listing shall be sent to:

COUNTY OF SACRAMENTO

CONTRACT & PURCHASING SERVICES

9660 ECOLOGY LANE

SACRAMENTO, CA 95827

Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of Contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred Contractors is available from the Department of Industrial Relations website at: http://www.dir.ca.gov/DLSE/Debar.html.

http://www.dir.ca.gov/DLSE/Debar.html

SECTION 3 AWARD AND EXECUTION OF CONTRACT

The Contractor’s attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the State Specifications, Section 3, “Award and Execution of Contract,” of the Standard Construction Specifications, and these Special Provisions for the requirements and conditions concerning submittal award and execution of contract.

3-3 AWARD OF CONTRACT

The award of contract, if it be awarded, will be made within sixty (60) calendar days after the bid opening to the lowest responsive, responsible bidder whose proposal complies with all the requirements prescribed in the State Specifications, the Standard Construction Specification, and these Special Provisions.

3-4 PERFORMANCE AND PAYMENT BONDS

The format of the Performance Bond and Payment Bond forms shall be those contained in Section 3-4, “Performance and Payment Bonds,” of the Standard Construction Specification.

The Performance Bond, to guarantee the performance of all covenants and stipulations of the Contract, shall be in a sum not less than one hundred percent (100%) of the original Total Contract Price. The Payment Bond, to guarantee the payment of wages and of bills contracted for materials, supplies, or equipment used in the performance of the Contract, shall be in a sum not less than one hundred percent (100%) of the original Total Contract Price.

3-7 EXECUTION OF THE CONTRACT

Upon approval from the County Board of Supervisors to award the Contract, the Contract shall be signed by the successful Bidder and returned to the Agency at the below address, together with the Performance Bond, Payment Bond and certificates of insurance within ten (10) days of the Bidder’s receipt of the documents. Receipt by the Agency of the signed documents from the Contractor is deemed to constitute “execution” of the Contract. Insurance certificates shall be signed by a person authorized by the insurer to bind coverage on its behalf and shall be accompanied by copies of all endorsements required by Section 3-9, “Insurance”, of these the Standard Construction Specifications. The successful bidder shall furnish complete, certified copies of all required bonds and insurance policies, including endorsements specifically required by Section 3-9, “Insurance,” of the Standard Construction Specifications. After execution by the Agency, one copy of the executed Contract, bonds, and certificates of insurance will be returned to the Contractor.

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

3-8 FAILURE TO EXECUTE CONTRACT

Failure to execute the contract shall conform to Section 3-8, “Failure to Execute the Contract,” of the Standard Construction Specifications and these provisions.

If the Bidder to whom the Contract is awarded fails to execute the Contract and file acceptable bonds and insurance certificates as provided herein within ten (10) days from the time the Contract forms are received by the Bidder, the award may be annulled and the Bidder’s Bid Guarantee forfeited to the Agency up to the full amount of the Bidder’s Bid Guarantee. At the Agency’s discretion, the Contract may then be awarded to the next lowest responsive, responsible Bidder.

If the Agency awards the Contract to the second lowest responsive, responsible Bidder, the lowest responsive, responsible Bidder's Bid Guarantee shall be applied by the Agency to the difference between the lowest Bid and the Bid of the second lowest responsive, responsible Bidder.

3-9 INSURANCE

Insurance shall conform to Section 3-9, “Insurance,” of the Standard Construction Specifications.

SECTION 4 SCOPE OF WORK

The Scope of Work shall conform to the provisions in Section 4, “Scope of Work,” of the Standard Construction Specifications and these Special Provisions. All work not mentioned in these Special Provisions shall be constructed in accordance with the State Specifications and/or the Standard Construction Specifications.

The work to be performed under this contract includes the furnishing of all labor, materials, and equipment for doing work associated with the installation of two streetlights adjacent to the Roseville Road Railroad Crossing. Associated work includes the installation of light pole pier foundations and streetlights, installation of electrical utility trenches within soil and pavement areas, installation and connection of electrical wiring, saw cutting and repaving of pavement, placement of slurry seal, and restriping of roadway, as well as other items and details not mentioned above, but described in the Project Special Provisions.

The Engineer shall mark the streetlight locations in the field.

4-5 FIELD INSTRUCTIONS OR OTHER WRITTEN DIRECTIVES

The Agency may issue Field Instructions or other written directives during the course of the Work, and the Contractor shall comply with the Field Instruction or other written directive. A Field Instruction or other written directive may be used to add, delete, modify, or reject work, to note deficiencies in work, to clarify the Contract or to order work to be performed. Work required by a Field Instruction or other written directive shall be in accordance with the Contract and any previously executed Contract Change Orders, except as delineated otherwise in the Field Instruction or other written directive. Drawings included with Field Instructions or other written directives are part of the Contract and shall be incorporated into the Record Drawings.

If the Contractor neglects to comply with or make progress in the execution of any Field Instruction or other written directive, the Agency may employ any person or persons to perform such work and the Contractor shall not interfere with the person or persons so employed. Field Instructions and other written directives that alter the Contract will be grouped to form a Contract Change Order as described in Section 9, “Changes and Claims”, of these the Standard Construction Specifications.

4-7 REQUESTS FOR INFORMATION

Requests For Information (RFI) shall conform to Section 4-7, “Requests for Information,” of the Standard Construction Specifications and these Special Provisions. The Contractor shall make no claim or receive any compensation for anticipated profits, loss of profits, damages, or any extra payment for the time it takes the Agency to respond to an RFI.

SECTION 5 CONTROL OF WORK AND MATERIALS

The Control of Work and Materials shall conform to the provisions in Section 5, “Control of Work and Materials,” of the Standard Construction Specifications and these Special Provisions.

5-14 SUBSTITUTIONS

Should the Contractor seek approval of a product other than the brand or brands named in these specifications, he shall furnish written evidence that such product conforms in all respects to the specified requirements, and that it has been used successfully elsewhere under similar conditions.

Where the specified requirements involve conformance to recognized codes or standards, the Contractor shall furnish evidence of such conformance in the form of test or inspection reports, prepared by a recognized agency, and baring an authorized signature.

Manufacturer’s standard data and catalog cut sheets will not be considered sufficient in themselves, and the Engineer will not be responsible for seeking further data from the manufacturer, or for otherwise researching the project. Failure to provide complete data will be cause for rejection of the proposal.

5-17.03 CONTROL OF MATERIALS

The Contractor’s attention is directed to Section 5-13, “Quality of Materials and Workmanship,” Section 5-16, “Materials Sampling and Testing,” and Section 5-17, “Approval of Materials,” of the Standard Construction Specifications and Section 6-1, “Control of Materials: General,” of the State Specifications.

All materials required to complete the Work under this Contract shall be produced or furnished, delivered, and installed by the Contractor unless otherwise specified in these Special Provisions.

The Contractor shall be responsible for controlling the quality of materials entering the work and for the quality of the work performed. The Contractor shall perform and provide, at his sole expense, any necessary quality control testing to ensure the quality of materials and the quality of the Work performed. Any Work using non-compliant or unsatisfactory materials or any Work showing unsatisfactory workmanship shall be removed and replaced at the sole cost of the Contractor.

The Contractor shall provide and pay for any quality assurance materials testing except where noted in the Special Provisions. Further, the Contractor shall be solely responsible for the cost (including re-coring, sample collection, inspection, etc.) of any Contractor or County initiated follow-up quality assurance materials tests or retests due to unsatisfactory compaction, material quality, workmanship, etc. All quality control or quality assurance materials testing or retesting shall be performed at a lab approved by the Engineer.

Certificates of Compliance, conforming to the provisions in Section 6-1.07, “Certificates of Compliance,” of the State Specifications shall be furnished for all manufactured products unless otherwise waived by the Engineer.

The Contractor is responsible for the costs and for making all the arrangements to stockpile and store materials and/or equipment as work is performed. The Engineer shall approve the duration and location of all temporary stockpile and storage locations for the Contractor’s material and/or equipment within the Right-of-Way. The Contractor shall immediately comply with the

Engineer’s instructions regarding any stockpile or storage locations within the County right-of-way. Stockpile and storage locations within the right-of-way shall be cleaned up to the satisfaction of the Engineer.

SECTION 6 LEGAL RELATIONS AND RESPONSIBILITIES

The Contractor’s attention is directed to Section 7, “Legal Relations and Responsibilities,” of the State Specifications.

6-1.02 PREVAILING WAGE

The Contractor’s attention is directed to Section 6-1.02, “Prevailing Wage,” of the Standard Construction Specifications.

6-1.03 PAYROLL RECORDS

The Contractor’s attention is directed to Section 6-1.03, “Payroll Records,” of the Standard Construction Specifications.

6-1.04 NONDISCRIMINATION

The Contractor’s attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.

NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM

(GOV. CODE, SECTION 12990)

Your attention is directed to the "Nondiscrimination Clause," set forth in Section 7-1.01A(4), "Labor Nondiscrimination," of the State Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more.

6-11 EXISTING UTILITIES

Existing Utilities shall conform to Section 6-11, "Existing Utilities," and Section 5-5, "Cooperation with Other Entities," of the Standard Construction Specifications and these Special Provisions.

The Contractor shall be responsible for contacting the various utility owners to determine the exact location and depth of existing underground facilities. The Contractor is required to call Underground Service Alert (USA) at 1-800-227-2600 at least two (2) working days but no earlier than fourteen (14) calendar days in advance of performing any excavation work. When calling be prepared to supply location, nature of work, start date, company name, company address, and company contact telephone number.

The Contractor is advised that no utility location work has been performed by the County. The Contractor shall use extreme care, including but not limited to USA notification, potholing, and hand digging to insure that his operations do not disturb or damage any existing above ground or underground facility including property owner facilities (e.g. irrigation lines, drain pipes, etc.).

The Contractor shall repair or replace, at his expense, any facilities damaged by his personnel or equipment during the course of construction work to the satisfaction of the Engineer.

The Contractor shall fully coordinate and cooperate (e.g., revising the project schedule) with the Agency and utility owners—including County utilities—for any improvement, upgrade, relocation, lowering, adjustment, and protection of utility work. The Contractor shall inform each utility owner what work is required to complete the Contract Work and the date the work needs to be completed, so that the Contractor’s construction schedule is not delayed. The status and schedule for any remaining utility work, if any, will be provided by the various utility owner representatives at the pre-construction meeting as detailed in Section 7-3, “Preconstruction Conference and Progress Meetings,” of the Standard Construction Specifications.

Any disputes or conflicts between the Contractor and utility forces or utility contractors that create delays or hindrances to any party shall be referred to the Agency for assistance in resolution. If the Contractor’s work is delayed because of acts, failures to act, or omissions of any utility force or utility contractor, the Contractor shall have no claim against the Agency other than for an extension of time (see Section 7-18, “Extension of time,” of the Standard Construction Specifications).

All utility facilities and covers encountered in the area to be paved over with asphalt concrete (or any other operation that will cover a utility facility or cover) shall be carefully referenced by the Contractor. After paving (or any other operation that covered utility facilities or covers), the Contractor shall mark the pavement (or ground) indicating the location of each referenced utility facility or cover. The Contractor’s attention is directed to Table 6-2 (pg. 6.31) of the Standard Construction Specifications for utility color codes and symbols. Unless otherwise indicated on the Plans or in these Special Provisions, all utility facilities except storm drain and sanitary sewer manholes shall be raised to grade by others.

Full compensation for Existing Utilities as specified herein shall be considered as included in the prices paid for the various items of work involved as specified in Section 8-3, “Work to be Done Without Direct Payment,” of the Standard Construction Specifications and no additional compensation will be made.

SECTION 7 PROSECUTION OF THE WORK

Prosecution of the Work shall conform to the provisions in Section 7, “Prosecution of the Work,” of the Standard Construction Specifications and these Special Provisions.

7-4.04 ORDER OF WORK

When required by the Special Provisions, the plans, or by the Engineer with advanced written notification of at least fifteen (15) calendar days, the Contractor shall follow the sequence of operations set forth therein. The Contractor shall have no claim against the Agency for a change in sequence of operations from the Engineer other than for an extension of time.

Order of Work:

1. Coordinate the project work schedule, etc. with known projects as listed in Section 5-5, “Cooperation with Other Entities” of the Standard Construction Specifications.

All work is anticipated to be performed outside the Union Pacific Railroad right-of-way.

Full compensation for Order of Work, as specified herein, shall be considered as included in the prices paid for the various items of work involved as specified in Section 8-3, “Work to be Done Without Direct Payment,” of the Standard Construction Specifications and no additional compensation will be made.

7-5.06 PROGRESS SCHEDULE AND CPM SCHEDULE (SUMMARY)

Progress schedules shall conform to Section 7-5, “Schedules,” of the Standard Construction Specifications and these Special Provisions.

All submitted Progress Schedules shall incorporate current schedule information, actual progress, approved adjustments of time, and proposed changes in sequence and logic. All electronic copies of progress schedules shall be submitted in the latest version of MS Project or other software/formats acceptable to the County.

Because the Agency places a high value on the importance and use of project scheduling information as a management tool in achieving the completion of the Work as planned, the Agency will deduct ten percent (10%) of the monthly Progress Payment, but not more than ten thousand dollars ($10,000), for failure by the Contractor to submit the baseline or monthly updated schedule, as required by these specifications, with each monthly progress payment request. These deductions are cumulative, and will be made for each and every month that the Contractor fails to provide the required information. The monthly updated schedule and narrative shall be accurate, reflect actual events on the project, and meet all requirements of these specifications. If the contractor does not correct the deficiency by providing an acceptable schedule update within ten

(10) days of the Agency’s receipt of the monthly Progress Payment request, the deduction will become permanent via a deductive change order.

No work shall take place prior to the review and approval of the Contractor’s baseline schedule by the Agency.

Full compensation for Progress Schedules, as specified herein, shall be considered as included in the prices paid for the various items of work involved as specified in Section 8-3, “Work to be Done Without Direct Payment,” of the Standard Construction Specifications and no additional compensation will be made.

7-15 TIME OF COMPLETION

The time of completion of this contract shall be THIRTY (30) working days.

The time limit and other working restrictions specified for the completion of the work contemplated in the Special Provisions is considered sufficient to permit completion of the portions of work by the Contractor working a normal number of hours per day or week on a single shift basis. Should the Contractor fail to maintain the progress of the work in accordance with the “Progress Schedule” required in these Special Provisions, the Contractor shall be required to provide additional resources (e.g., equipment, labor, work shifts, etc.) to the extent necessary to ensure that the progress conforms to the above mentioned schedule and that the work will be completed within the time limit specified.

The Contractor shall pay to the County of Sacramento, the sum of THREE THOUSAND AND ZERO/100THS DOLLARS ($3,000.00) per day for each and every calendar day beyond the number of working days plus any extensions of time as set forth in Section 7-18, “Extension of time,” of the Standard Construction Specifications.

7-20 CLEANING UP

The Contractor’s attention is directed to Section 7-20, “Cleaning Up,” of the Standard Construction Specifications.

The Contractor is responsible for the timely removal of asphalt, concrete, dirt, and oil on gutters, sidewalks, driveways, roadways within and adjacent to the project limits, and haul route roadways that was tracked, sprayed, or deposited by his equipment or personnel under his control.

Full compensation for Aesthetic Clean-Up, as specified herein, shall be considered as included in the prices paid for the various items of work involved as specified in Section 8-3, “Work to be Done Without Direct Payment,” of the Standard Construction Specifications and no additional compensation will be made.

SECTION 8 MEASUREMENT AND PAYMENT

Measurement and Payment shall conform to Section 8, “Measurement and Payment,” of the Standard Construction Specifications and these Special Provisions.

It is the Contractor’s responsibility to measure and/or compute the quantities of work completed, subject to verification by the Agency, under the terms of the Contract. In computing quantities, the length, area, solid contents, number, weight, or time as specified in the Contract or the Schedule of Values shall be used.

Compensation under the terms of the Contract shall be full payment for the Work, including loss or damage arising from the nature of the Work, action of the elements, or unforeseen difficulties encountered during the prosecution of the Work and until its final acceptance; and all risks connected with the prosecution of the Work.

8-2.07 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS

A prime contractor or subcontractor shall pay any subcontractor not later than ten (10) days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The ten

(10) days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanctions and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

8-2.08 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS

The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within thirty (30) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency.

8-7 RETENTION

Retention for Imperfect Work shall conform to Section 5-19, “Right to Retain Imperfect Work,” and Section 8-9, “Deductions for Imperfect Work,” of the Standard Construction Specifications.

SECTION 9 CHANGES AND CLAIMS

Changes and Claims shall conform to Section 9, “Changes and Claims,” of the Standard Construction Specifications and these Special Provisions.

The Agency reserves the right to order corrections, alterations, additions, modifications, deletions or other changes as required for the proper completion of the Work. The order may be made prior to the final acceptance of the Contract without voiding the Contract, without notice to the Contractor’s sureties, and in accordance with the provisions of Section 9-2, “Ordering of Changes”, of the Standard Construction Specifications. The Contractor shall not perform corrections, alterations, additions, modifications, deletions, or other changes to the Work without a written order from the Agency.

The method of payment agreed upon by the Contractor and the Agency, or selected by the Agency in the absence of agreement, shall be set forth in the order for change. The three methods of payment are: Lump Sum Price, Unit Prices, and Force Account. The method of payment shall conform to Section 9-8, “Payment for Changes,” of the Standard Construction Specifications.

9-14 CONTRACT CHANGE ORDER (CCO)

The Agency will issue a Contract Change Order (CCO) for approval if a change to the Total Contract Price or Contract Time is necessary. The Contractor shall not be entitled to any adjustments in either Contract Time or Total Contract Price for changes performed without written direction from the Agency. Adjustments in Contract Time or Total Contract Price for changes performed will not be made until a Contract Change Order is approved. A Contract Change Order is comprised of one or more Field Instructions or other written directives, and contains a summary of each change and changes to the Contract Time or Total Contract Price.

SECTION 10 ENVIRONMENTAL CONTROLS AT WORK SITE

10-4 EROSION, SEDIMENT, AND WATER POLLUTION CONTROL

Water pollution control work shall conform to the provisions in Section 10-4, "Erosion, Sediment, and Water Pollution Control," of the Standard Specifications and these Special Provisions.

The lowest, responsive Bidder shall submit a Water Pollution Control Program (WPCP), for review and approval within five (5) working days following the contract award. The lowest, responsive Bidder (or Contractor) shall revise the WPCP as indicated by the Agency.

Unless arrangements for disturbance of areas outside the project limits are made by the Agency and made part of the contract, it is expressly agreed that the Agency assumes no responsibility whatsoever to the Contractor or property owner with respect to any arrangements made between the Contractor and property owner to allow disturbance of areas outside the project limits.

Full compensation for Erosion, Sediment, and Water Pollution Control, as specified herein, shall be considered as included in the prices paid for the various items of work involved as specified in Section 8-3, “Work to be Done Without Direct Payment,” of the Standard Construction Specifications and no additional compensation will be made.

10-6 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES

When the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and immediately report the condition to the Engineer verbally and in writing. Removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract.

Asbestos removal shall conform to the guidelines contained within Section 12 “Safety, Public Convenience, and Traffic Control” of the Standard Construction Specifications.

If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in Unavoidable Delays," of the Standard Construction Specifications.

10-10 SURFACE MINING AND RECLAMATION ACT

The Contractor’s attention is directed to the Surface Mining and Reclamation Act of 1975, commencing in Public Resources Code, Mining and Geology, Section 2710, which established regulations pertinent to surface mining operations.

Material from mining operations furnished for this project shall only come from permitted sites in compliance with the Surface Mining and Reclamation Act of 1975.

SECTION 11 PRECONSTRUCTION PHOTOGRAPHS AND RECORD DRAWINGS

11-2.01 PRECONSTRUCTION PHOTOGRAPHS

Preconstruction photographs should be performed in accordance with Section 11-2, “Preconstruction Photographs,” of the Standard Construction Specifications.

11-2.02 POST CONSTRUCTION PHOTOGRAPHS

Post construction digital photographs shall be taken by the Contractor. The requirements for the number of digital photographs, resolution, naming, delivery, etc. shall be the same as those for preconstruction digital photographs except that the post construction digital photographs shall be taken no more than thirty (30) calendar days after the work at the location is completed (i.e., after concrete pouring and finishing, AC restoration, and any necessary hardscape and landscape restoration).

Failure to submit digital photographs in compliance with the above preconstruction or post construction requirements shall result in Liquated Damages in the sum of TWO HUNDRED DOLLARS ($200.00) for each and every sidewalk ramp installation location or curb, gutter, and/or sidewalk replacement location not in compliance.

11-3.01 RECORD DRAWINGS

Record drawings shall conform to Section 11-3, “Record Drawings,” of the Standard Construction Specification and these Special Provisions.

The Contractor shall maintain a neat and accurately marked set of full-size Record Drawings, which shall be provided to the Agency for review and approval prior to Final Acceptance of the Work. The Record Drawings shall represent the Work as constructed and document changes to the Work shown on the Project Plans—including striping plans, loop replacement details, and project specific details. The Record Drawings shall show the actual as-constructed conditions of installed or modified systems, equipment, and material.

11-4 MEASUREMENT AND PAYMENT

Full compensation for Preconstruction, Post Construction Photographs, and Record Drawings, as specified herein, shall be considered as included in the prices paid for the various items of work involved as specified in Section 8-3, “Work to be Done Without Direct Payment,” of the Standard Construction Specifications and no additional compensation will be made.

SECTION 12 SAFETY, PUBLIC CONVENIENCE, AND TRAFFIC CONTROL

The Contractor, at his sole expense, shall provide for public convenience, public safety, and pedestrian and bicyclist access in conformance with the provisions in Section 12-2, “Public Convenience and Safety,” of the Standard Construction Specifications and these Special Provisions.

The Contractor, at his sole expense, shall provide, erect, and maintain signs, lights, barriers, fences, barricades, and other facilities to provide an adequate warning to the public of dangerous conditions to be encountered during construction at all hours of the day or night. The signs, lights, barriers, fences, barricades, and other facilities shall conform to Section 12-3, “Public Safety and Traffic Control,” of the Standard Construction Specifications.

Public Convenience, Public Safety, and/or Traffic Control requirements in the above referenced Standard Construction Specification sections shall be site specific for the type or phase of work and shall conform to the approved Traffic Control Plan (see Section 12-4, “Traffic Control Plans,” of the Standard Construction Specifications) or as directed by the Engineer.

Full compensation for Public Convenience and Safety, as specified herein, including but not limited to providing pedestrian and bicycle access; furnishing, installing, maintaining, and removing all signs, lights, barriers, fences, barricades, and other facilities shall be considered as included in the prices paid for the various items of work involved as specified in Section 8-3, “Work to be Done Without Direct Payment,” of the Standard Construction Specifications and no additional compensation will be made.

12-4.03 PROJECT SPECIFIC TRAFFIC CONTROL PLAN REQUIREMENTS

Construction Area Traffic Control shall conform to the requirements of Section 7-8, “Peak Hours, Hours of Darkness, Holidays, and Weekends”; and Section 12, “Safety, Public Convenience, and Traffic Control,” of the Standard Construction Specifications, and these Special Provisions.

Traffic Control Plans Traffic Control Plan Templates are available for use for the project at http://www.sacdot.com/Pages/TrafficControlPlansandDetourPlans.aspx. At locations where the work/traffic controls does not match with a provided template or at the request of the Agency, the Contractor shall submit site specific Traffic Control Plans. Site specific plans shall conform to Section 12-4, “Traffic Control Plans (TCP),” of the Standard Construction Specifications. TCP’s with traffic pattern changes that do not require a road closure, the Contractor shall submit the TCP a minimum of twenty (20) Working Days in advance of the Work.

The Contractor shall provide changeable message signs (CMS) at the project limits of arterial and collector project roadways or at arterial and collector cross streets (or project limits) of project roadways. CMS shall state expected delays with dates and times and shall be set in place a minimum of five (5) working days prior to the start of work.

No work shall take place prior to the approval of the Contractor’s TCP by the Agency.

Lane Closure Restrictions The hours of work requirements shall be established at each work location in accordance with the following table. Unless otherwise noted in the Special Provisions or approved by the Agency, no lane of traffic shall be closed to the public during the peak hours listed below:

Roadway Type / Location Type

Peak Hour Lane Closure Restrictions

Arterial or Collector 6:30 AM to 9:00 AM and 3:30 PM to 6:00 PM

Residential 6:30 AM to 8:00 AM and 3:30 PM to 6:00 PM

Failure to open all lanes of traffic during the peak hours as specified above, as determined by the Engineer, shall result in Liquidated Damages in the sum of FIFTY DOLLARS ($50.00) per minute delay within the peak hour.

The roadways for which the above “Arterial or Collector” peak hour of lane closure restrictions apply:

1. Roseville Road 2. Palm Avenue

Work Near Schools The Contractor shall not have any lane closures or active construction activities (e.g., using any equipment, performing demolition work, pouring concrete, grinding, paving, striping, etc.) from thirty (30) minutes before to thirty (30) minutes after the starting and ending times for all schools with ½ mile of the work location or schools or other facilities designated by the Engineer.

Failure to comply as specified above, as determined by the Engineer, shall result in Liquidated Damages in the sum of ONE HUNDRED DOLLARS ($100.00) per minute with the above specified time range.

http://www.sacdot.com/Pages/TrafficControlPlansandDetourPlans.aspx

Notification The Contractor shall furnish all affected residents and businesses written notification conforming to the following requirements:

1. Affected residents and businesses shall be considered all properties that adjoin the project limits or who have ingress/egress only from the project limits.

2. Notices shall include, at a minimum, relevant construction dates, a description of the proposed work, closure locations and times with detour information (if applicable), and a name and twenty-four (24) hour phone number of a contact person employed by the Contractor. An example notification is included in the “Forms” section.

3. The Contractor shall submit each different type/form of Notice that will be distributed.

The Engineer shall review and approve each different type/form of Notice. The Contractor shall allow five (5) working days for the review and approval process.

4. Notices shall be distributed a minimum of ten (10) working days prior to the start of the Work. If the Contractor does not perform work at a project location or project area for more than twenty-one (21) calendar days, the Contractor shall re-notify the affected residents and businesses a minimum of five (5) working days prior to the start of the work.

The Engineer shall determine if re-notification is necessary.

The Contractor shall also provide an additional twenty-four (24) hour advance notification to residents and businesses to which any existing property access point will be closed for a period of time exceeding two (2) hours. The twenty-four (24) hour notification may be verbal to the resident of the property or by written notice placed on or near the building entrance or the property access point to be closed.

The Contractor shall contact schools, fire and police stations, and hospitals with one-half mile of work locations (or other facilities designated by the Engineer) and coordinate operations with the facility so that the Contractor’s operations will have a minimized affect to the facility.

No work shall take place prior to the required notification, re-notification, or coordination work with affected facilities.

Weekend, Holiday, and Night Work Weekend, holiday, and night work shall conform to Section 7-8, “Peak Hours, Hours of Darkness, Holidays, and Weekends,” of the Standard Construction Specifications and these Special Provisions.

Unless otherwise noted in the Special Provisions, directed or approved by the Agency, no work shall be done between the hours of 6 p.m. and 6:30 a.m., or on Saturdays, Sundays, or Legal Holidays. Unless otherwise noted in the Special Provisions, directed or approved by the Agency, no lane of traffic shall be closed to the public during the peak hours of 6:30 a.m. to 8:00 a.m. and 3:30 p.m. to 6:00 p.m., except as necessary for the proper care and protection of work already performed or in case of an emergency repair as defined in Section 7-8.03, “Emergency Repairs,” of the Standard Construction Specifications.

Failure to complete the work shift and open the roadway to vehicular traffic without restrictions by 6:00 AM, as determined by the Engineer, shall result in Liquidated Damages in the sum of FIFTY DOLLARS ($50.00) per minute delay beyond the 6:00 AM work shift end time.

Measurement and Payment Full compensation for Construction Area Traffic Control, as specified herein, shall be considered as included in the prices paid for the various items of work involved as specified in Section 8-3, “Work to be Done Without Direct Payment,” of the Standard Construction Specifications and no additional compensation will be made.

SECTION 13 EXISTING FACILITIES

Existing Facilities shall conform to Section 13, “Existing Facilities,” of the Standard Construction Specifications and these Special Provisions. It shall be the responsibility of the Contractor to protect existing curb, gutter, sidewalk, existing culverts, railings, signs, traffic signal detectors, other roadway appurtenances, and other improvements inside or outside the road right-of-way while performing any work. All facilities damaged due to the Contractor's operations shall be repaired or replaced, as directed by the Engineer, at the Contractor's expense.

In the event that a sign is knocked down or a signal or lighting facility is damaged, the Contractor shall immediately call the Project Inspector AND Transportation Operations and Maintenance at

(916) 875-5171 so a repair crew can be dispatched. If traffic signal detector facilities are cut or damaged during construction, Traffic Signal Maintenance shall be immediately contacted at

(916) 875-5171 and the facilities shall be repaired or replaced by the Contractor, at his sole expense, so as to be fully operational within 24 hours.

The Contractor shall be responsible for limiting the “tracking” of material off the project site. The Contractor shall sweep or wash the street and/or sidewalk to remove the material. The Contractor shall submit to the Engineer the proposed haul route to each jobsite two (2) workdays prior to starting work.

Full compensation for Existing Facilities, as specified herein, shall be considered as included in the prices paid for the various items of work involved as specified in Section 8-3, "Work to be Done Without Direct Payment," of the Standard Construction Specifications and no additional compensation will be made.

SECTION 15 CLEARING AND GRUBBING

Clearing and grubbing shall conform to Section 15, “Clearing and Grubbing,” of the Standard Construction Specifications and these Special Provisions. All excess materials and debris resulting from clearing and grubbing or excavation shall be removed and disposed outside of the Right of Way.

Full compensation for Clearing and Grubbing, as specified herein, shall be considered as included in the prices paid for the…