Specification(4614).pdf

COUNTY OF SACRAMENTO

Community Services

DEPARTMENT OF TRANSPORTATION

PROJECT SPECIAL

PROVISIONS FOR:

CURB, GUTTER, AND SIDEWALK

REPLACEMENT PROJECT 2023

VARIOUS LOCATIONS IN SACRAMENTO COUNTY

The County of Sacramento 2016 Standard Construction Specifications, revised on May 1, 2023, are made part of these Specifications.

BIDS OPEN: April 25, 2024

David Defanti, Deputy County Executive CONTRACT NO.: 4614

Community Services

Ron E. Vicari, Director DATE: March 20, 2024 Department of Transportation

DocuSign Envelope ID: 125FE1CB-B123-4402-A434-319F95E53BD6

3/25/2024

3/26/2024

COMMUNITY SERVICES AGENCY

PROJECT SPECIAL PROVISIONS

Curb, Gutter, and Sidewalk Replacement Project 2023 Contract No. 4614

TABLE OF CONTENTS

SECTION 1. TERMS AND DEFINTIONS

1-1 General

SECTION 2. BID REQUIREMENTS AND CONDITIONS

2-1 Bid Proposal

2-1.01 Unit Price Bid

2-2 Preparation and Submission of Bids

2-8 Subcontractors

2-9 Addenda

2-11 Bid Guarantee

2-12 Withdrawal of Bids

2-13 Public Opening of Bids

SECTION 3. AWARD AND EXECUTION OF CONTRACT

3-3 Award of Contract

3-7 Execution of the 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 Cooperation with Other Entities

5-14 Substitutions

5-17.03 Control of Materials

SECTION 6. LEGAL RELATIONS AND RESPONSIBILITIES

6-10 Permits, Licenses, and Certifications

6-11 Existing Utilities

SECTION 7. PROSECUTION OF THE WORK

7-4.04 Order of Work

7-5 Schedules

7-6.01 Differing Site Conditions

7-6.02 Suspensions of Work Ordered by the Engineer

7-6.03 Significant Changes in the Character of Work

7-15 Time of Completion

7-17 Inclement Weather and Contract Time

7-20 Cleaning Up

SECTION 8. MEASUREMENT AND PAYMENT

8-1 Basis and Measurement of Payment Quantities

SECTION 9. CHANGES AND CLAIMS

9-2 Ordering of Changes

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 ii

10-9 Sanitary Regulations

10-10 Surface Mining and Reclamation Act

SECTION 11. PRECONSTRUCTION PHOTOGRAPHS AND RECORD DRAWINGS 18

11-2.01 Preconstruction Photographs

11-2.02 Post-construction Photographs

11-3.01 Record Drawings

11-4 Measurement and Payment (Photographs and Record Drawings)

SECTION 12. SAFETY, PUBLIC CONVENIENCE, AND TRAFFIC CONTROL

12-2 Public Convenience and Safety

12-4.03 Project Specific Traffic Control Plan Requirements

SECTION 13. EXISTING FACILITIES

SECTION 15. CLEARING AND GRUBBING

SECTION 18. EARTHWORK

18-2 Roadway Excavation

18-7 Surplus Material Disposal

SECTION 22. BASE MATERIAL

22-2.01 Class 2 Aggregate Base

SECTION 23. ASPHALT CONCRETE

23-1 Asphalt Concrete

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

27-13.01 Type B Drop Inlet

SECTION 50. CONSTRUCTION MATERIALS

50-50 Tree Removal

APPENDIX

Project Location Information:

Location Map (1 Sheet)

Lists:

Ramp, Curb, Gutter, and Sidewalk Location List (3 Sheets)

Details:

Detail 4-15-B: Sidewalk Ramp for A-7 Driveways Without Additional R/W Detail 4-30: Sidewalk Curb & Gutter Sections Detail 4-40: Cross Gutter Detail 4-49: Sidewalk Ramp Installation Detail – AC Conforms in Existing Pavement Detail 4-50: Sidewalk Ramp Details Plaza Style Detail 4-51: Sidewalk Ramp Details Parallel Style Detail 4-A-50: Sidewalk Ramp Detail for Plaza Areas Detail 4-A-52: Sidewalk Ramp Replacement Detail 4-54A: Sidewalk Ramp Details for Retrofit of Existing 4’ Wide Sidewalks (Method A) Detail 4-54B: Sidewalk Ramp Details for Retrofit of Existing 4’ Wide Sidewalks (Method B) Detail 4-54C: Sidewalk Ramp Details for Retrofit of Existing 4’ Wide Sidewalks (Method C)

FORMS

Contract Agreement (6 Sheets) Escrow Agreement (7 Sheets) Payment Bond (2 Sheets) Performance Bond (2 Sheets) Notification Example (1 Sheet)

PUBLIC WORKS AND INFRASTRUCTURE

PROJECT SPECIAL PROVISIONS

SECTION 1 TERMS AND DEFINITIONS

1-1 GENERAL

The work embraced herein shall conform to the provisions in the County of Sacramento 2016 Standard Construction Specifications Revised on May 1, 2023 (herein after referred to as the “Standard Construction Specifications”), and these Project Special Provisions.

SECTION 2. BID REQUIREMENTS AND CONDITIONS

2-1 BID PROPOSAL

The following is added before the last sentence of the first paragraph of Section 2-1, “Bid Proposal,” in the Standard Construction Specifications:

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

The first sentence of the second paragraph in Section 2-1, “Bid Proposal,” in the Standard Construction Specifications is revised to read:

Bids must be submitted on the Agency's eProcurement system website as indicated in the Notice to Bidders.

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. However, if the final quantity of an item of work required under the Contract varies from the Estimated Quantities by twenty-five percent (25%) or more, compensation can be adjusted in accordance with Section 9-1.06, “Changed Quantity Payment Adjustments,” of the State Specifications, except that markups are to be applied per Section 9-9,“Markups for Changed Work,” of the Standard Construction Specifications.

2-2 PREPARATION AND SUBMISSION OF BIDS

Preparation and Submission of Bids shall conform to Section 2-2, “Preparation and Submission of Bids,” of the Standard Construction Specifications and these Project Special Provisions.

The fifth and sixth paragraphs of Section 2-2, “Preparation and Submission of Bids,” of the Standard Construction Specifications are deleted in their entirety and replaced as follows:

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

2-8 SUBCONTRACTORS

As required in Section 2-8 “Subcontractors” of the Standard Construction Specifications, the Contractor shall submit all subcontractors’ license numbers to the County within three

(3) business days after the bid opening. Listing shall be sent to:

Contract & Purchasing Services Department of General 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.

The following is added after the last sentence of the fourth paragraph of Section 2-8 “Subcontractors” of the Standard Construction Specifications:

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

2-9 ADDENDA

Replace Section 2-9, “Addenda,” of the Standard Construction Specifications with the following:

The correction of material discrepancies in (or material additions to or material omissions from) the Plans, Specifications, or other Contract document, or an interpretation thereof, during the bidding period will be made only by an Addendum issued by the Agency. Addenda will be posted on the Agency's eProcurement system website and available for review by all Bidders. Bidders must acknowledge any and all Addenda before submitting a Bid. Addenda become part of the Contract upon issuance. Interpretations or explanations not included in an Addenda will not be considered binding.

2-11 BID GUARANTEE

The Contractor’s attention is directed to the provisions in Section 2-11, “Bid Guarantee,” of the Standard Construction Specifications for the requirements and conditions which the Contractor must observe in the preparation of the proposal form and the submission of the bid.

The following is added as the third paragraph of Section 2-11, “Bid Guarantee,” of the Standard Construction Specifications:

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

2-12 WITHDRAWAL OF BID

Replace Section 2-12, “Withdrawal of Bid,” of the Standard Construction Specifications with the following:

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

2-13 PUBLIC OPENING OF BIDS

Replace Section 2-13, “Public Opening of Bids,” of the Standard Construction Specifications with the following:

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

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 Standard Construction Specifications, and these Project 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 60 calendar days after the bid opening to the lowest responsive, responsible bidder whose proposal complies with all the requirements prescribed in the Standard Construction Specification, and these Project Special Provisions.

3-7 EXECUTION OF THE CONTRACT

Execution of the Contract shall conform to Section 3-7, “Execution of the Contract,” of the Standard Construction Specifications and these provisions.

All items to be returned to the Agency shall be delivered to:

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

3-9 INSURANCE

Replace the list in Section 3-9.01, “General Liability,” of the Standard Construction Specifications, with the following list:

Replace the table in Section 3-9.02, “Automobile Liability,” of the Standard Construction Specifications, with the following table:

SECTION 4 SCOPE OF WORK

Each Occurrence $3,000,000 Products and Completed Operations Aggregate $3,000,000 Personal and Advertising Injury $3,000,000 General Aggregate $3,000,000 Fire Damage $100,000 Pollution Liability $2,000,000

Corporate/Business Owned:

Vehicle Type and Weight Minimum Limits Private passenger $2,000,000 Combined Single Limit Light or medium rated trucks $2,000,000 Combined Single Limit Heavy, extra-heavy or tractor trailer $2,000,000 Combined Single Limit*

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

The work to be performed under this contract includes, in general, furnishing of all labor, materials, and equipment for doing all work necessary for removing and replacing concrete curb, gutter, and/or sidewalk; constructing sidewalk curb ramps; removing and replacing asphalt concrete pavement adjacent to replaced curb and gutter; and doing all other work specified on the plans and in the specifications at various locations in Sacramento County.

The primary work locations are listed in the Appendix, and the limits of work at each location shall be marked in the field by the Engineer. The Engineer may remove locations or specify additional locations. The Contractor shall not receive any additional compensation for removed locations. Added or revised locations, however, shall be paid for at the bid price of the appropriate bid items and no additional compensation will be allowed therefor.

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

A Request for Information shall conform to Section 4-7, “Requests for Information,” of the Standard Construction Specifications and these Project 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 a Request for Information.

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 Project Special Provisions.

5-14 COOPERATION WITH OTHER ENTITIES

The Contractor’s attention is directed to Section 5-5, “Cooperation with Other Entities,” of the Standard Construction Specifications. The Contractor shall cooperate and/or coordinate his work (e.g., revising the project schedule, revising the order of work, etc.)

with any on-going or planned work by others (e.g., the County, utility companies, developers, property owners, etc.) at project locations. If the Contractor’s work is delayed because of cooperation and/or coordination of work, the Contractor shall have no claim against the Agency other than for an extension of time.

The Contractor shall coordinate the work with the following known projects:

o None

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.

All materials required to complete the Work under this Contract shall be supplied or produced, delivered, and installed by the Contractor unless otherwise specified on the Project Plans or in these Project 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 control testing except where noted in the Project Special Provisions. The Contractor shall also be responsible for the cost of any Contractor or County initiated follow-up quality control testing (including re-coring, sample collection, traffic control, inspection, and so on) due to unsatisfactory compaction, material quality, workmanship, and so on. The County will be responsible for quality assurance and acceptance testing or retesting.

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 all costs and for making all arrangements to stockpile and store materials and equipment as work is performed. A stockpile or storage area on private property must be on a commercially zoned property. A copy of the agreement between the Contractor and the private property owner to use the property shall be provided to the Engineer, and the Engineer shall document the area’s condition before Contractor use. A stockpile or storage area shall not be used until the Engineer has documented its condition. The Contractor shall restore a stockpile or storage area to its original condition (unless approved by the Engineer) to the satisfaction of the Engineer.

Any grading or surplus material disposal shall require a grading permit (see Section 18-7, "Surplus Material Disposal").

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 location within the County right-of-way, and 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

Permits, licenses, and certifications shall conform to Section 6-10, “Permit, Licenses, and Certifications,” of the Standard Construction Specifications. The Contractor shall at their sole expense obtain the following encroachment permits from Caltrans, a city jurisdiction, a utility company or agency, or a railroad:

6-10 Permits, Licenses, and Certifications Permits, licenses, and certifications shall conform to Section 6-10, “Permit, Licenses, and Certifications,” of the Standard Construction Specifications. The Contractor shall at their sole expense obtain the following encroachment permits from Caltrans, a city jurisdiction, or a railroad:

• None.

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 Project 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 2 working days (not including day of notification), but no earlier than 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. No excavation shall be allowed until all notified utilities have positively responded to your request.

The Contractor is directed to the Utility Plan. The Contractor shall use extreme care, including but not limited to USA notification, potholing, and hand digging to ensure that his operations do not disturb or damage any existing above ground or underground facility including property owner facilities (irrigation lines, drain pipes, and so on). 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 by revising the order of work or project schedule with the Agency and a utility owner—including a County utility—for any improvement, upgrade, relocation, lowering, adjustment, and protection of utility work.

The Contractor shall be prepared to 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 another operation that will cover a utility facility or cover) shall be carefully referenced by the Contractor. After paving (or another 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 (page 6.12) of the Standard Construction Specifications for utility color codes and symbols. Unless otherwise indicated on the Plans or in these Project 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

7-4.04 ORDER OF WORK

When required by the Project Special Provisions, the plans, or by the Engineer with advanced written notification of at least 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.

The order of work shall comply with the following:

1. All work on 4914 Puma Way shall be scheduled and performed first.

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

7-5 SCHEDULES

Progress schedules shall conform to Section 7-5, “Schedules,” of the Standard Construction Specifications and these Project 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 10% of the monthly Progress Payment, but not more than $25,000, for failure by the Contractor to submit the baseline or monthly updated schedule, as required by these specifications, with each monthly progress payment request. This deduction is cumulative, and it 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 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.

The Contractor shall also submit, on a weekly basis, a four-week rolling schedule conforming to Section 7-5.03, “Four-Week Rolling Schedule,” of the Standard Construction Specifications. The four-week rolling schedule shall be submitted on the first day of the work week or as indicated by the Engineer at the Pre-construction Conference.

Full compensation for 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

7-6.01 DIFFERING SITE CONDITIONS

During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly.

The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

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

No contract adjustment will be allowed under this clause for any effects caused on unchanged work.

7-6.02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER

If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

7-6.03 SIGNIFICANT CHANGES IN THE CHARACTER OF WORK

The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

The term “significant change” shall be construed to apply only to the following circumstances:

1. When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or

2. When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

7-15 TIME OF COMPLETION

The time of completion of this contract shall be 45 working days.

The time limit and other working restrictions specified for the completion of the work contemplated in the Project 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 Project 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 $2,000.00 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.

7-17 INCLEMENT WEATHER AND CONTRACT TIME

Inclement weather protection on work already started shall conform to Section 7-7, “Pursuance of Work During Inclement Weather,” Section 7-10, “Protection of Work, Persons, and Property,” and Section 10-4, “Erosion, Sediment, and Water Pollution Control,” of the Standard Construction Specifications and these Project Special Provisions.

If the Contract is not completed before the start of the winter construction season, the Engineer shall notify the Contractor in writing to cease Work for the winter construction season. The Contractor shall then cease operations and winterize the project limits no later than the date specified in the Engineer’s letter. Project winterization shall conform to Contractor’s WPCP to the satisfaction of the Engineer. After the winter construction season, the Engineer shall notify the Contractor in writing to resume Work.

The Contractor shall resume construction operations within 15 calendar days of the notification date and diligently complete the Contract. The counting of Working Days shall resume 15 calendar days after the date of the notification or when the Contractor resumes work, whichever occurs first. The winter construction season shall be defined as November 1st through March 31st. However, the Engineer shall be the sole judge as to the exact starting and ending dates of the winter construction season, which will be based upon historical and current weather data.

Full compensation for ceasing operations (demobilization), providing and maintaining drainage inlet protection, providing temporary striping, performing various items within the Contractor’s Water Pollution Control Program or as specified herein, and resuming operations (mobilization) after inclement weather and/or the winter construction season shall be 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.

7-20 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.

The Contractor shall have a minimum of one sweeper assigned to provide full-time continuous monitoring and collection of debris, rubbish, dirt, asphalt, and so on. At the end of each workday, all debris, branches, roots, removed fences, rubbish, and other debris in the work area shall be collected and placed in a suitable disposal bin or pile.

Materials to be used later in construction shall be neatly stockpiled. All parts of the work shall be left in a neat and presentable condition at the end of the work shift.

Upon completion of all construction operations, all roadways within the project limits shall be cleaned by sweeping, flushing, power brooms, power blowers, or other means approved by the Engineer, to remove all dirt and foreign material. Haul routes shall be cleaned of materials tracked or deposited by the Contractor’s equipment or personnel.

All sanitary sewer and drainage facilities and their appurtenant structures constructed or modified under the contract shall be cleaned out. All materials and equipment in stockpile and storage locations shall be removed and the areas cleaned to the satisfaction of the Engineer.

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

SECTION 8-1 BASIS AND MEASUREMENT OF PAYMENT QUANTITIES

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.

SECTION 9 CHANGES AND CLAIMS

SECTION 9-2 ORDERING OF CHANGES

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 CCO is approved. A CCO 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 Construction Specifications and these Project Special Provisions.

The lowest, responsive Bidder (or Contractor) shall submit a Water Pollution Control Program (WPCP), for review and approval within 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.

The Contractor shall be responsible for the costs and for liabilities imposed by law as a result of the Contractor's failure to comply with the provisions set forth in this section "Erosion, Sediment, and Water Pollution Control", including but not limited to compliance with the applicable provisions of the Federal, State, and local regulations. For the purposes of this paragraph, costs and liabilities include, but are not limited to, fines, penalties, and damages whether assessed against the County or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act.

In addition to the remedies authorized by law, some of the money due the Contractor under the contract, as determined by the Agency, may be retained by the County until disposition has been made of the costs and liabilities.

The retention of money due the Contractor shall be subject to the following:

A. The Agency will give the Contractor 30 days’ notice of the Agency's intention to retain funds from partial payments, which may become due to the Contractor prior to acceptance of the contract. Retention of funds from payments made after acceptance of the contract may be made without prior notice to the Contractor.

B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06, "Partial Payments," of the State Standard

C. If the Agency has retained funds and it is subsequently determined that the County is not subject to the costs and liabilities in connection with the matter for which the retention was made, the Agency shall be liable for interest on the amount retained at the legal rate of interest for the period of the retention beyond 60 days.

At reasonable times and upon presentation of credentials and other documents as may be required by law, the Contractor shall allow authorized agents of the California Regional Water Quality Control Board, State Water Resources Control Board, United States Environmental Protection Agency and the local storm water management agency to:

A. Enter upon the construction site and the Contractor's facilities pertinent to the work.

B. Have accesses to and copy records that must be kept as specified in the Permit.

C. Inspect the construction site and related soil stabilization practices and sediment control measures.

D. Sample or monitor for the purpose of ensuring compliance with the Permit.

The Contractor shall notify the Engineer immediately upon request from the regulatory agencies to enter, inspect, sample, monitor or otherwise access the project site or the Contractor's records.

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.

10-9 SANITARY REGULATIONS

Add the following to Section 10-9, “Sanitary Regulations,” of the Standard Construction Specifications:

The Contractor shall be solely and completely responsible for implementing the applicable COVID-19 guidelines from the California Department of Industrial Relations, Division of Occupational Safety and Health, and the applicable COVID- 19 guidance from the Centers for Disease Control and Prevention for the protection of workers, including regulations concerning education, training, routine cleaning, on-site washing facilities, and the use of Personal Protective Equipment (PPE) at the workplace (collectively, "Guidelines").

The Contractor shall submit a plan and/or narrative description to the Agency for compliance with these Guidelines prior to commencement of the Work. This safety plan and/or narrative description shall describe all education, training, routine cleaning, on-site washing facilities, Personal Protective Equipment (PPE), or similar to be used at the Project Site.

Full compensation for implementing the Guidelines, and any required updates to the safety plan and/or narrative description, 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 therefore no additional compensation shall be made.

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.

The requirements of this section shall apply to all materials furnished for the project, except for acquisition of materials in conformance with Section 4-1.05, “Use of Materials Found on the Work,” of the State Specifications.

SECTION 11 PRECONSTRUCTION PHOTOGRAPHS AND RECORD DRAWINGS

11-2.01 PRECONSTRUCTION PHOTOGRAPHS

Preconstruction digital photographs shall be taken by the Contractor. Photographs obtained from internet sources (for example, Google) will NOT be accepted. A minimum of 2 digital photographs will be required for each sidewalk ramp installation location and each curb, gutter, and/or sidewalk replacement location (for example, a single address with two separate work locations requires a minimum of 4 digital photographs).

Additionally, a minimum of 1 digital photograph is also required for every 20 linear feet of work area. Each digital photograph shall be taken between 4 and 8 feet above the ground and at the opposite side of the “20-foot” work area (or at different and appropriate angle/position) and show the entire “20-foot” work area.

The minimum resolution for digital photographs, uncompressed TIF or JPEG image files, shall be 5 megapixels. Digital photographs shall be named after the reference number in the Sidewalk Ramp Location List or the Curb, Gutter, and Sidewalk Location List and the sequential number for that location (for example, Ramp01-03.jpg would be the 3rd photo of Location No. 1 in the Sidewalk Ramp Location List). Photographs may also be named in the following format: (1) street name followed by address and sequential number for curb, gutter, and/or sidewalk replacement locations or (2) intersection followed by corner quadrant and sequential number for sidewalk ramp installation (for example, MainSt1234- 03.jpg or Main@1st-NE-01.jpg). Digital photographs shall be taken no more than 14 calendar days prior to the date of demolition, and they shall be delivered on the 20th of each month to the Engineer. Submit digital photographs to the Engineer on a USB flash drive or another media/method designated by the Engineer.

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, and so on. shall be the same as those for preconstruction digital photographs except that the post construction digital photographs shall be taken no more than 30 calendar days after the work at the location is completed (that is, after concrete pouring and finishing, AC restoration, and any necessary hardscape and landscape restoration).

Failure to submit digital photographs in compliance with the above pre-construction or post-construction requirements shall result in Liquidated Damages in the sum of $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 Project 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.