CountyofSanMateo-LeridaCtGabardaWy-Final-Specs_KL_signed.pdf

TitleSht.E5022

COUNTY OF SAN MATEO

STATE OF CALIFORNIA

CONTRACT DOCUMENTS

AND

SPECIFICATIONS

FOR

LERIDA COURT AND GABARDA WAY

RETAINING WALLS IMPROVEMENT PROJECT

IN THE LADERA AREA

TOTAL PROJECT APPROXIMATELY 320 FEET IN LENGTH

WITH APPURTENANT WORK THERETO

IN SAN MATEO COUNTY

COUNTY PROJECT NO. RW928

PROJECT FILE NO. E5022

KRZYSZTOF LISAJ

(R.C.E. No. 84003)

Deputy Director of Engineering and Resource Protection

Department of Public Works San Mateo County

555 County Center, 5th Floor Redwood City, California 94063-1665

APPROVED: February 20 , 2026 klisaj Image

TitleSht.E5022

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TableCon.E5022 i

TABLE OF CONTENTS

NOTICE TO CONTRACTORS

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

SPECIAL PROVISIONS

Section

1. Definitions

2. Bidding 2-1. Plans and Specifications

3. Contract Award and Execution

4. Scope of Work

5. Control of Work 5-1. Differing Site Conditions 5-2. Repair of Equipment 5-3. Cooperation 5-4. Permits and Licenses 5-5. Project Appearance 5-6. Preservation of Property 5-7. Air Pollution Control 5-8. Obstructions 5-9. Sound Control 5-10. Public Convenience 5-11. Disposal of Material Outside the Highway Right Of Way 5-12. Sanitary Sewer Monitoring and Reporting Requirements 5-13. Subcontracting

6. Control of Materials 6-1. Certificates of Compliance 6-2. Materials Testing

7. Legal Relations and Responsibility 7-1. Equal Employment Opportunity Program for Minority Employment 7-2. Prevailing Wages 7-3. Highway Construction Equipment 7-4. Public Safety

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

9. Measurement and Payment 9-1. Force Account Work 9-2. Payment to Contractor 9-3. Payment Withheld from Contractor ii

TABLE OF CONTENTS (Continued)

SPECIAL PROVISIONS (Continued)

Section 9-4. Stop Notices 9-5. Construction Claims 9-6 Prompt Payment Certification

10. Develop and Apply Water

11. Mobilization 11-1. Property Owner Primary Notification 11-2. Rights of Entry

12. Temporary Traffic Control 12-1. Property Owner Secondary Notification 12-2. Traffic Control Plan

13. Water Pollution Control 13-1 Water Pollution Control Program

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

15. Existing Facilities

17. Clearing and Grubbing 17-1. Remove Trees

19. Earthwork 19-1. Remove Concrete Ditch 19-2. Remove Asphalt Concrete Dike 19-3. Remove Base and Surfacing 19-4. Pad Preparation

21. Erosion and Sediment Control 21-1. Temporary Silt Fence 21-2. Temporary Erosion Control

26. Class 2 Aggregate Base

39. Hot Mix Asphalt

46. Ground Anchors

49. Piling

51. Concrete Structures

55. Steel Structures

64. Storm Drain Replacement

80. Chain Link Fences

100. Construction Staking 100-1. As-Built Drawings

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

iii

APPENDIX A

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

APPENDIX B

Sanitary Sewer Monitoring and Reporting Requirements:

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

APPENDIX C

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

APPENDIX D

Daily Personnel and Equipment Log

APPENDIX E

Construction Claims:

Public Contract Code Sections 9204 and 20104 et seq.

APPENDIX F

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

APPENDIX G

Prompt Payment Form

APPENDIX H

2023 CE&G Geotechnical Design Report

PROPOSAL

Contractor’s Check-Off List Bidder’s Information Sheet Bid Proposal Sheet Acknowledgment of Site Visit Bidder's Security Licensing Information and Signature of Bidder List of Subcontractors San Mateo County Equal Employment Opportunity Program Certification of Compliance With Laws Prohibiting Discrimination Certification of Intent Questionnaire for Bidder Contractor Report Form Equal Benefits Compliance Ordinance No. 04026 (Title 2, Chapter 2.84, San Mateo County Ordinance Code) iv

Equal Benefits Compliance Declaration Form Contractor Employee Jury Service Ordinance No. 04269 (Title 2, Chapter 2.85, San Mateo County Ordinance Code) Contractor Employee Jury Service Compliance Declaration Form Non-Collusion Declaration Form Certification of Bidder’s Qualification and Experience In-Use Off-Road Diesel-Fueled Vehicle Fleet Acknowledgement Form

AGREEMENT

Signature Sheet

NC.E5022

STATE OF CALIFORNIA

NOTICE TO CONTRACTORS

NOTICE IS HEREBY GIVEN, that

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

2:30 p.m., Thursday, March 19, 2026 where the bids will be publicly opened and read aloud for the following project in accordance with the specifications therefore and to which special reference is made as follows:

LERIDA COURT AND GABARDA WAY

RETAINING WALLS IMPROVEMENT PROJECT

TOTAL PROJECT APPROXIMATELY 320 FEET IN LENGTH

WITH APPURTENANT WORK THERETO

IN SAN MATEO COUNTY

COUNTY PROJECT NO. RW928

PROJECT FILE NO. E5022

Bids are required for the entire work described herein.

Bidders are further advised of the following:

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

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

https://procurement.opengov.com/portal/smcgov/projects/233375

Project’s OpenGov Reference:

LERIDA COURT AND GABARDA WAY RETAINING WALLS IMPROVEMENT

PROJECT Project Id: E5022

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

Plan Holder’s Affidavit

Project Title

LERIDA COURT AND GABARDA WAY

RETAINING WALLS IMPROVEMENT PROJECT

Project No. RW928 Project Engineer Johnson Young

Project Manager: Monika Raman

Bid Open Date and Time: 2:30 p.m., Thursday, March 19, 2026

Company Name:

Mailing Address:

Phone Number: Fax Number:

E-mail Address:

(Name and Title of Authorized Representative of Bidder)

(Signature of Authorized Representative of Bidder)

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

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

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

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

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

6. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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

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

County of San Mateo website (http://publicworks.smcgov.org).

ENGINEER’S ESTIMATE

Item No.

Section No.

Estimated Quantity

Unit of Measure

Item Description

1 11 1 LS Mobilization (10%)

2 12 1 LS Maintaining Traffic

3 13 1 LS Water Pollution Control

4 14 1 LS Construction Waste Management

5 15 2 EA Remove Inlet

6 15 125 CY Remove Concrete Ditch

7 17 1 LS Clearing and Grubbing

8 17 2 EA Remove Tree

9 19 760 CY Earth Fill Embankment

10 21 1,870 LF Fiber Rolls

11 21 1 ACRE Hydroseed

12 26 1 CY Class 2 Aggregate Base

13 39 22 LF Remove Asphalt Concrete Dike

14 39 2 CY Remove Base and Surfacing

15 39 4 TON Hot Mix Asphalt

16 46 45 EA Ground Anchors

17 49 1,325 LF 24” CIDH Concrete Piles

18 51 100 CY Concrete (Swale)

19 51 40 CY Concrete (Wall Gutter)

(Engineer’s Estimate – Continued on Next Page)

(Engineer’s Estimate – Continued from Previous Page)

Item No.

Section No.

Estimated Quantity

Unit of Measure

Item Description

20 51 61 CY Structural Concrete (Waler)

21 51 7 CY Structural Concrete (Drainage Inlet)

22 53 200 CY Structural Shotcrete

23 53 4,050 SQFT Sculpted Shotcrete

24 55 16,010 LB Structural Steel (Waler) MC18x58

25 64 35 LF 12” Plastic Pipe Downdrain

26 68 3,170 SQFT Geocomposite Drain

27 72 5 CY Rock Slope Protection (Class III)

28 80 700 LF Temporary Fence (Type CL-6)

29 80 300 LF Chain Link Fence (Type CL-4)

30 100 1 LS Construction Staking and Layout

Engineer's Estimate of Costs: $ __3,060,000

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

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

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

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

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

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

(1) No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

(2) No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of

Industrial Relations pursuant to Labor Code section 1725.5.

(3) This project is subject to compliance monitoring and enforcement by the

Department of Industrial Relations.

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

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

It is the policy of the County that Contractors on public projects employ their workers and craftsmen from the local labor market whenever possible. “Local Labor

Market” is defined as the labor market within the geographical confines of the County of

San Mateo, State of California. Consistent with this policy, the Contractor is requested to employ craftsmen and other workers from the local labor market whenever possible to do so.

Each bidder shall submit with the bid, Certificates of Compliance and Intent on a form provided in the “Proposal” section of these Contract Documents, a certificate that bidder is in compliance with the provisions of the Equal Employment Opportunity

Requirement of Executive Order 11246, Title VII of the Civil Rights Act of 1964, the

California Fair Employment and Housing Act and any other federal, State and local laws and regulations relating to equal employment opportunity. With the execution of said certificates, bidder also agrees that bidder will maintain or develop and implement, during the course of the work concerned, a program of hiring and employment, conducted without regard to race, religion, color, national origin, ancestry, sexual orientation, or sex of the applicants. With this certification, bidder shall submit any and all information that may be required by the County in connection with the particular project.

Each bidder is hereby notified of Section 9204 and Section 20104 et seq. of the

Public Contract Code as those Sections (attached hereto as Appendix E) relate to resolution of construction claims, and to Section 3186 of the Civil Code, as amended

January 1, 1999 with regard to stop notices and public entity’s rights to retain monies in order to provide for that entity’s reasonable cost of litigation. The bidder is further notified that all provisions of Section 9204 and Section 20104 et seq. of the Public

Contract Code and Section 3186 of the Civil Code, as outlined above shall be considered as incorporated into and become an integral part of these specifications.

Questions relating to equal employment should be directed to the San Mateo

County Department of Public Works, Equal Employment Opportunity Program, 555

County Center, 5th Floor, Redwood City, CA 94063-1665, telephone (650) 363-4100.

Plans and Specifications and forms of Proposal and Contract may be seen and obtained at the office of the Director of Public Works, 555 County Center, Redwood

City, California, 94063-1665. Plans and specifications may be obtained for a:

NON-REFUNDABLE FEE OF $40 PER SET

Additional technical questions should be directed to the Department of Public

Works, 555 County Center, Redwood City, California, 94063-1665, telephone

(650) 363-4100.

The Contractor shall possess either a Class A License or a combination of Class

C licenses that are applicable for the majority of the work at the time this contract is awarded. No Contract will be awarded to a Bidder who is not licensed as required by laws of the State of California.

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

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

BY ORDER OF THE

BOARD OF SUPERVISORS

COUNTY OF SAN MATEO

DATE: February 24, 2026 Michael Callagy, County Executive Officer/ Clerk of the Board of Supervisors

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SP.E5022

SPECIAL PROVISIONS

FOR

IN THE LADERA AREA

DATE: February 20, 2026

SECTION 1.

DEFINITIONS OF TERMS TO BE USED IN THE SPECIAL PROVISIONS,

NOTICE TO CONTRACTORS, PROPOSAL, AGREEMENT OR

OTHER CONTRACT DOCUMENTS

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

Specifications of the State of California, Department of Transportation, as set forth per

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

Mateo.

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

END OF SECTION

SECTION 2.

BIDDING

The Bidder’s attention is directed to all the provisions of Section 2, “Bidding,” of the Standard Specifications and these Special Provisions. The County will accept a

Bidder’s Bond in the form issued by an admitted surety insurer in lieu of the sample forms provided herein in Appendix C of these Special Provisions. The County will not be responsible for any oral interpretations to Bidders with respect to any of the work embraced herein.

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

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

2-1. Plans and Specifications

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

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

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

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

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

Specifications shall apply.

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

In conformance with Title 13 CCR § 2449 et seq., bidders must submit the

In-Use Off-Road Diesel-Fueled Vehicle Fleet Acknowledgement Form. A copy of a valid and unexpired Certificate of Reported Compliance Off-Road Diesel

Vehicle Regulation for all fleets meeting this criteria must be submitted with the bid or within three (3) business days from bid opening. Failure to submit the valid and unexpired Certificate of Reported Compliance Off-Road Diesel Vehicle

Regulation may result in a non-responsive bid.

SECTION 3.

CONTRACT AWARD AND EXECUTION

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

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

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

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

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

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

(3) All protests shall be delivered to:

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

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

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

Project Name

Project File Number

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

Documentation supporting the protestor's grounds for the protest

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

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

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

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

Center, 5th Floor Redwood City, CA 94063.

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

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

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

SECTION 4.

SCOPE OF WORK

The work to be done consists, in general, of demolition of a concrete ditch, asphalt concrete dike and pavement that conflict with proposed improvements, preparation of building pad, tree removal, installation of cast in place drilled hole (CIDH) piles connected by reinforced concrete beam, installation of ground anchors system, drainage improvements including removal and replacement of existing storm drainage pipe and drop inlets, installation of new storm drain pipe and drop inlets, reconstruction of asphalt concrete dike and pavement, reconstruction of concrete ditch, installation of rock slope protection, installation of shotcrete facing over the existing timber lagging, and as well as any other items and details not mentioned above, but required by the

Project Plans, Standard Specifications and these Special Provisions, and the directions of the Engineer.

Execution

Work for this project shall conform to the provisions of the Standard Specifications and these Special Provisions. The Contractor shall determine the order of work unless otherwise specified. Certain work items shall occur in the following order:

1. Install, test, and lock-off lower-level ground anchors.

2. Remove conflicting steel walers from the existing wall face. Abandon existing ground anchors in place.

3. Install structural steel walers.

4. Install, test, and lock off upper-level ground anchors.

5. Apply structural shotcrete.

SECTION 5.

CONTROL OF WORK

Attention is directed to the provisions of Section 5, “Control of Work,” of the

Standard Specifications, except as herein provided, and to Section 2-1, “Plans and

Specifications,” of these Special Provisions.

5-1. Differing Site Conditions

This section shall be used in lieu of Section 4-1.06, “Differing Site

Conditions (23 CFR 635.109),” of the Standard Specifications. Section 4-1.06 of the Standard Specifications shall not apply.

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

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

(1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and

Safety Code, that is required to be removed to a Class I, II, or III disposal site in accordance with provisions of existing law.

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

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

B. The Engineer shall promptly investigate the conditions, and if he finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the

Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order, excluding loss of anticipated profits, under the procedures described in the contract.

No contract adjustment that results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

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

D. In the event conditions materially differ from those indicated, the Contractor shall have no claim for construction delays, unless said conditions are determined by the Engineer to impact the controlling item of work.

5-2. Repair of Equipment

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

5-3. Cooperation

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

Contractor to the end that the work may be handled in an efficient manner.

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

5-4. Permits and Licenses

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

The Contractor shall have at least two employees trained in confined space entry regulations CAL/OSHA Confined Space Regulations, Title 8 CCR

GISO 5156, 5157, and 5158 at the site whenever there are open trenches or underground work going on. It is understood that all fall protection, retrieval and atmospheric monitoring equipment shall be furnished and maintained by the

Contractor at the Contractor’s expense. This shall include but not be limited to cost associated with compliance with Confined Space Entry Regulations shall be at the expense of the Contractor.

5-5. Project Appearance

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

5-6. Preservation of Property

The Contractor's attention is directed to Section 5-1.36, “Property and

Facility Preservation,” of the Standard Specifications.

5-7. Air Pollution Control

Air pollution control shall conform to the provisions of Section 14-9.02, “Air

Pollution Control,” of the Standard Specifications.

5-8 Obstructions

Attention is directed to the provisions in Sections 5-1.36C, “ Nonhighway

Facilities,” 15, “Existing Facilities,” and 51-1.03E(9), “Utility Facilities,” of the

Standard Specifications.

5-9. Sound Control

Sound control shall conform to the provisions in Section 14-8.02, “Noise

Control,” of the Standard Specifications.

5-10. Public Convenience

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

Provisions.

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

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

The Contractor’s attention is further directed to Appendix “A”, “Construction

Waste Management Plan,” of these Special Provisions.

5-12. Sanitary Sewer Monitoring and Reporting Requirements

The Contractor’s attention is directed to Appendix B for sanitary sewer monitoring and reporting requirements.

5-13. Subcontracting

Attention is directed to the provisions in Section 5-1.13, “Subcontracting,” of the Standard Specifications.

SECTION 6.

CONTROL OF MATERIALS

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

Specifications and these Special Provisions.

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

6-1. Certificates of Compliance

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

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

Engineer.

6-2. Materials Testing

Whenever the specifications require compliance with specified values for the following applicable properties, tests will be made as indicated:

Material To Be Tested

Property Being Tested

Acceptable Test

Method(s) Description

Aggregate Base Relative Compaction

CT 216/CT 231

Determines field densities using a nuclear gage.

Concrete Strength CT 521 Determines compressive strength of molded concrete cylinders

Steel Rebar Tensile Strength & Bend Capability

ASTM A625;

A370

Determines tensile strength and bend capability

Asphalt Concrete Relative Compaction

CT 375 or

ASTM D2950

Determines field densities using a nuclear gage.

Any costs to the County for testing layers which fail the compaction requirements may be deducted from any progress payment due to the Contractor when, in the opinion of the Engineer, such failure results from the Contractor's lack of diligence in pursuing compaction effort. In the event that a test fails, any testing after the first shall be at the Contractor’s expense.

SECTION 7.

LEGAL RELATIONS AND RESPONSIBILITY

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

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

7-1. Equal Employment Opportunity Program for Minority Employment

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

7-1.1. Definitions

EQUAL EMPLOYMENT OPPORTUNITY PROGRAM: An Equal

Employment Opportunity Program (EEOP) is a set of specific and result oriented procedures to which a Contractor commits himself in order to achieve equal employment opportunity.

COMPLIANCE OFFICER: The Compliance Officer (CO) means the

County official designated by the County Executive to represent him in the administration of these guidelines and in the enforcement of the provisions of

Sections 2.50.040 and 2.50.050 of Title 2, Chapter 2.50.

7-1.2. Certifications of Compliance and Intent

Every bidder will submit with his bid, as required by Section 2.50.050 of

Title 2, Chapter 2.50, a Certification of Compliance with the laws prohibiting discrimination and a Certification of Intent to implement an equal employment opportunity program on the form furnished in the Proposal section of these

7-1.3. Equal Employment Opportunity Program

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

A. Analysis of current work force

(1) Total number of employees;

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

(3) Information on apprentices.

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

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

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

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

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

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

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

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

7-1.4. Equal Employment Opportunity Program Evaluation

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

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

B. All subcontractors listed in the low bidder's proposal shall be required to file completed Certificates of Compliance and Intent and their

EEOP with the Bidder for submission to the County. The EEOP of each subcontractor will be evaluated by criteria established for the low bidder's

EEOP.

C. The CO, upon conclusion of the EEOP review, will report his findings and recommendation to the Director of Engineering and Resource Protection.

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

7-1.5. Inclusion of EEOP and Certificates

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

7-1.6. Compliance of Contractor

A. The Contractor will post, in conspicuous places available to employees and applicants for employment, notices, provided by the

County, stating that the Contractor is obliged to comply with the provisions of these guidelines and the provisions of Section 2.050.040 of Title 2, Chapter 2.50, as amended, of the San Mateo County Ordinance Code.

These notices will also be sent to all unions, employee organizations and other recruiting sources providing employees to the Contractor.

B. All announcements of job openings will include the statement, “An

Equal Opportunity Employer.”

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

D. The CO will monitor the Contractor's EEOP until completion of the

Contract and will report non-compliance of the Contractor in adhering to his EEOP to the Director of Public Works.

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

County.

7-1.7. Compliance of Subcontractor

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

7-1.8. Penalties for Non-Compliance

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

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

“If, after an award is made, the contractor is found by the County or by a Federal or State agency empowered to make such findings to be in substantial or material violation of the Fair Employment Practices Act of the State of California, the

Equal Employment Opportunity Requirement of Executive Order 11246, title VII of the Civil Rights Act of 1964, or of the provisions of this chapter or of the Board-established guidelines implementing them, he may be found to be in material breach of contract, and the County shall have the power to cancel the contract in whole or in part, or alternatively, to deduct for each working day during which the contractor is found to have been in such non-compliance, two percent (2%) of the total amount payable to the contractor.”

7-1.9. Waiver of Compliance

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

2.050.050 of Title 2, Chapter 2.50, as amended, of the San Mateo County

Ordinance Code, are found to result in an undue hardship upon a low bidder, bidder may submit evidence of hardship and a petition for waiver of such requirements to the Director of Public Works for recommendation to the Board of

Supervisors. Such a waiver may only be granted by the Board and, if approved, shall become an integral part of the contract.

7-1.10 Employee Benefits

All Contractors with contracts with the County of $5,000 or more shall comply with the provisions of Title 2, Chapter 2.84, as amended, of the San

Mateo County Ordinance Code with respect to the provisions on employee benefits. As set forth in the ordinance, such contractors are prohibited from discriminating in the provisions of employee benefits between an employee with a domestic partner and an employee with a spouse. A copy of the Ordinance and Compliance form is attached to the Proposal Section of these Specifications.

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

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

County Ordinance Code.

7-1.11 Non-Discrimination

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

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

(1) termination of this Agreement;

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

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

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

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

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

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

Contract between Contractor and County.

Contractor shall report to the County Executive the filing by any person in any court of any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair

Employment and Housing Commission or any other entity charged with the investigation of allegations within thirty (30) days of such filing, provided that within such thirty (30) days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of such complaint and a description of the circumstance. Contractor shall provide County with a copy of its response to the

Complaint when filed.

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

7-2. Prevailing Wages

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

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

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

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

January 1, 2015:

(1) No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of

Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under

Labor Code section 1771.1(a)].

(2) No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the

Department of Industrial Relations pursuant to Labor Code section

1725.5.

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

7-2.1 Payroll Records

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

(Labor Code § 1776),” of the Standard Specifications. In particular, the

Contractor’s attention is directed ‘to the last paragraph, which is amended to read:

“The Department withholds from progress payments for delinquent or inadequate records (Labor Code § 1771.5). If you have not submitted an adequate record by the month's 7th day for the period ending on or before the 1st of that month, the

Department withholds up to ten percent (10%) of the monthly progress estimate, exclusive of mobilization. The Department does not withhold more than $10,000 or less than $1,000.

The Contractor is advised that Contractor shall submit either

Contractor’s Daily Dispatch Report at the start of each working day

OR a Daily Personnel and Equipment Log (included as Appendix D of these Special Provisions) to the Engineer by the start of the first working day subsequent to the performance of the work, or

Contractor may incur task-specific liquidated damages in the amount of $500 per calendar day for every day hence until submittal is made.

The Contractor is further advised that, pursuant to State

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

7-2.2. Contractor Employee Jury Service

All Contractors with contracts with the County of $100,000 or more shall comply with the provisions of Title 2, Chapter 2.85, as amended, of the San

Mateo County Ordinance Code, with respect to provision of jury duty pay to employees and have and adhere to a written policy that provides that its employees shall receive from the Contractor, on an annual basis, no less than five (5) days of regular pay for actual jury service in San Mateo County. The policy may provide that employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the employees’ regular pay the fees received for jury service. A copy of the Ordinance and a

Compliance Form is attached to the Proposal Section of these Specifications.

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

7-3. Highway Construction Equipment

Attention is directed to Section 7-1.02O, “Vehicle Code,” of the Standard

Specifications and these Special Provisions.

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

Attention is directed to the statement in Section 591 that…