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HomeMy Public PortalAboutTransportation for Livable Communities Streetscape Project Main Street; 1st; 2nd; 3rd; and Railroad Avenues Federal No. STPLER 5102(024), #09-90-31.35GJZ FOR (A = LTE C o MA j'D C DD ° ECT 5 ° EETo fl�S 2" ° So an° D .I D oA� Gig �90—�3fl m DEPARTMENT OF PUBLIC WORKS Larry A. Patterson, P.E., Director Date: September 9, 2002 ADDENDUM NO. 1 330 West 20th Avenue San Mateo, California 94403-1388 Telephone (650) 522-7300 FAX: (650) 522-7301 www.ci.sanmateo.ca.us TRANSPORTATION FOR LIVABLE COMMUNITIES Streetscape Project: Main Street; 1st; 2"d;3'd' and Railroad Avenues FEDERAL AID PRO CT NO. STPLER 5102(024) CITY PROJECT NO. 90-90-31.35 Addendum No. 1 is issued to the above -referenced Contract Book, which is scheduled for bid opening on September 17, 2002 at 2:00 p.m. The following change has been made: BID DATE: The bid date remains unchanged. CONTRACT BOOK: The Schedule of Bid Items has been revised as follows: Item 28 Concrete Curb and Gutter (Type A) shown as LF 1.410 LF is revised to: Item 28 Concrete Curb and Gutter (Type A) LF 1,410 Item 37 Exit Ramp w/Concrete Steps and Railing is revised as Item 37 is deleted NOTE; follows: REPLACE ENTIRE SCHEDULE OF BID ITEMS WITH ENCLOSED SCHEDULE OF BID ITEMS. YOU MUST USE THE REVISED SCHEDULE OF BID ITEMS WHEN SUBMITTING YOUR BID. Page 27 "DBE INFORMATION -GOOD FAITH EFFORTS" the first sentence of the first paragraph is revised to read as follows: "The City of San Mateo established a Disadvantaged Business Enterprise (DBE) goal of 2.9% for the project." Page 65 Section 8-3 RECYCLING REQUIREMENTS the Ilfirst paragraph is revised as follows: " The City of San Mateo will require the selected contractor for this contract to recycle a minimum of 80% by weight of all asphalt concrete and portland cement concrete generated form this project and to document both their intended waste management plans and procedures as well as evidence of reaching the required diversion rate by the end of the project." Page 109 Section 10-2.02 Subsection 1.1 B. Add the following: "4. DURA ART STONE Planters" Page 116 Section 10-2.02 Landscape Planting Add Subsection 3.5 Measurement and Payment The lump sum payment for Landscaping shall include all labor, equipment, and materials for landscaping, irrigation systems, landscape and irrigation maintenance, including furnishing and placing DURA ART STONE Planters and all work and materials included in Sections 10-2.02 and 10-2.03 and shown on the plans except for the items shown separately in the schedule of bid items for this contract?' Q:\pw\PWENG A_CONTRS\2002\TLC Contract \ Addendum I\ADDENDUMI .DOC .JL PLANS: On Construction Detail Sheet C2, Typical Corner Detail, the planters shall be eliminated, and Note #3 shall be revised as follows: "3. DETAILS FOR STREET FURNISHINGS ARE SHOWN ON CONSTRUCTION DETAILS SHEET C4" APPENDIX IV entitled "Federal Minimum Wages: Replace this section in its entirety with the attached Department of Labor, Decision No. CA 020029, Modification Number 16, Dated September 6, 2002. NOTICE Each bidder shall acknowledge receipt of this Addendum by signing one copy of the attached Acknowledgement Sheets and returning it immediately. The bidder shall submit the second copy with the bid documents. Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\Addendum I WDDENDUMi .DOC ADDENDUM NO.1 TRANSPORTATION FOR LIVABLE COMMUNITIES Streetscape Project: Main Street; 1°; 2"; 3s; and Railroad Avenues FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 90-90-31.35 ACKNOWLEDGEMENT I have received Addendum No. 1 to the Contract Book titled, "Transportation for Livable Communities streetscape project Main street; 1st, 2nd 3rd and Railroad Avenues" I have read and understand the information stated in the addendum... Date Bidder's Signature Bidder's Name (Printed) Name of Company RETURN IMMEDIATELY TO: Public Works Department Attn: Support Staff 330 West 20Th Avenue San Mateo, CA 94403 (650) 522-7301 (fax) Q:\pw\PW ENG\A_CONTRS\2002\TLC Contract \ Addendum' \ADDENDUM I .DOC ADDENDUM NO. 1 TRANSPORTATION FOR LIVABLE COMMUNITIES Streetscape Project: Main Street; 1st; 2°d; 3"; and Railroad Avenues FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 90-90-3135 ACKNOWLEDGEMENT I have received Addendum No..1 to the Contract Book titled, "Transportation for Livable Communities streetscape project, Main Street; 1st, 2"d, 3rd and Railroad Avenues". I have read and understand the information stated in the addendum. Date Bidder's Signature Bidder's Name (Printed) Name of Company RETURN WITH BID DOCUMENTS Q:\pw\PWENG\A_CONTRS\2002\TLC Contract \Addenduml WDDENDUMI.DOC - REVISED SCHEDULE OF BID ITEMS (To be submitted with Proposal Form) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 Item No. Description of Work UNIT EST. QTY UNIT PRICE TOTAL COST 1 Progress Schedule (critical path) II LS 1 2 Construction Area Signs If LS 1 3 Traffic Control System If LS 1 4 Signs (Relocate, replace, new) II LS 1 5 Cold Plane Asphalt Concrete Pavement (0.13) SY 5,070 6 Remove Inlet j EA 8 7 , Remove Concrete (sidewalk, driveway, median) . SF 8,800 8 Remove Concrete (curb & gutter) II LF 1,750 9 Remove Storm Drain Pipe II LF 55 10 Adjust Sewer Manhole (to grade) Fl EA 4 11 Adjust Miscellaneous Utility Frame & Cover (to grade) EA 16 12 Adjust Valve Cover (to grade) . II EA 19 13 Adjust Fire Hydrant (to grade) II EA 5 14 Relocate Parking Meter II EA 3 15 Clearing and Grubbing 11 LS 1 16 Develop Water Supply II LS 1 17 Roadway Excavation. II CY 1,750 18 Aggregate Base (Class 2) I TON 1,780 19 Asphalt Concrete (Type B) . lI TON 202 20 Asphalt Concrete Overlay 11 TON 450 21 Portland Cement Concrete I SF 18,500 22 6" HDPE Storm Drain Pipe LF 50 23 8" HDPE Storm Drain Pipe I LF 80 24 12" HDPE Storm Drain Pipe I LF 35 25 15" HDPE Storm Drain Pipe I LF 1,270 26 Storm Drain Inlet(Type SG) i EA 17 27 Storm Drain Manhole EA 6 28 Concrete Curb and Gutter (Type A) I LF 1,410 29 Concrete Gutter Type C LF 940 30 Concrete Sidewalk and Curb Ramp SF 7,000 31 Concrete Driveway F SF 1,320 32 Concrete Valley Gutter SF • 660 33 Unit Brick Paver w/3 ''A" Concrete Slab ; SF 7,490 34 Unit Brick Paver w/8" Concrete Slab SF 7,970 35 Pavement Delineation LS 1 36 Control Access Gate EA 4 3-7 Railing _ 38 Tree Grate Square EA 28 39 Circular Tree Grate (Uplight and Tree Guard) EA 32 40 Steel Bollard EA 8 41 Decorative Steel Bollard EA 59 42 Trash Receptacle EA 21 43 Recycle Bin EA 21 44 Bench - EA 16 45 Planter EA 16 46 Bike Rack EA 16 47 TLC Plaque EA 1 48 Vine Trellis Structure EA 16 49 Landscaping LS 1 50 Irrigation System LS 1 51 Lighting (First Avenue) LS 1 52 Lighting (Second Avenue) LS 1 53 Lighting (Third Avenue) LS 1 54 Lighting (South Railroad Avenue) LS 1 55 Lighting (Main Street) LS 1 56 Lighting — Access Gate (Location 1) LS 1 57 Lighting - Access Gate (Location 2) LS 1 58 Lighting - Access Gate (Location 3) LS 1 59 Lighting - Access Gate (Location 4) LS 1 60 Tivoli Lights (40 foot Stands) EA 13 61 Pedestrian Safety System LS 1 62 PG&E Transformer Vault & Conduit LS 1 63 .- Construction Staking LS 1 64 Mobilization LS 1 TOTAL BID Q:\pw\PWENGIA_CONTRS120021TLC Contract\Addendum I\BIDITEMSADDNM1.doc APPENDIX IV FEDERAL MINIMUM WAGES September 6, 2002 VATS Document Retrieval Page 1 of 35 GENERAL DECISION CA020029.09/06/2002 CA29 Date: September 6, 2002 - General Decision Number CA020029 Superseded General Decision No. CA010029 State: California Construction Type: BUILDING DREDGING HEAVY HIGHWAY County(ies): ALAMEDA rA AVERAS 'CONTRA COSTA FRESNO KINGS MADERA MARIPOSA MERCED MONTEREY SAN BENITO SAN FRANCISCO SAN JOAQUIN SAN MATEO SANTA CLARA SANTA CRUZ STANISLAUS TUOLUMNE BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Date Modification Number 0 ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 COUNTY(ies): ALAMEDA CALAVERAS CONTRA COSTA FRESNO KINGS MADERA Publication 03/01/2002 03/08/2002 03/22/2002 03/29/2002 04/12/2002 04/19/2002 05/10/2002 05/17/2002 05/31/2002 06/07/2002 06/14/2002 07/05/2002 07/19/2002 08/02/2002 08/09/2002 08/23/2002 09/06/2002 MARIPOSA MERCED MONTEREY SAN BENITO SAN FRANCISCO SAN JOAQUIN ASBE0016A 08/01/2002 Includes the application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems INSULATOR/ASBESTOS WORKER AN MATEO ANTA CLARA ANTA CRUZ TANISLAUS UOLUMNE Rates 37.78 Fringes 9.76 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CAQ2002 9/9/02 WAIS Document Retrieval Page 2 ot 35 ASBE0016E 05/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: - Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not HAZARDOUS MATERIAL HANDLER 22.90 3.25 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not - HAZARDOUS MATERIAL HANDLER 13 .90 2.25 ASBE0016F 05/01/1999 Rates Fringes CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA -CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not HAZARDOUS MATERIAL HANDLER 22.01 4.28 BOIL0549B 10/01/2001 BOILERMAKER Rates Fringes 31.51 11.95 BRCA0003B 08/01/2002 MARBLE FINISHER Rates 25.17 Fringes 6.42 BRCA0003D 08/01/2002 MARBLE MASON Rates Fringes 35.44 11.96 BRCA0003G 07/01/2001 Rates Fringes SAN FRANCISCO AND SAN MATEO COUNTIES: 11 BRICKLAYER 31.80 10.50 ALAMEDA, CONTRA COSTA, SAN BENITO AND SANTA CLARA COUNTIES BRICKLAYER 30.52 - 9.63 • CALAVERAS, SAN JOAQUIN, STANISLAUS AND TOULUMNE COUNTIES http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 3 of 35 BRICKLAYER 26.65 8.25 MONTEREY AND SAN CRUZ COUNTIES BRICKLAYER 28.48 10.00 FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES BRICKLAYER 24.70 8.80 FOOTNOTES: Operating a saw or grinder: $p.50 per hour additional. Gunite nozzle person: $1.00 per hour additional. BRCA0003P 07/01/2001 TERRAZZO WORKER TERRAZZO FINISHER Rates Fringes 33.80 10.15 18.06 6.57 BRCA0003T 04/01/2002 Rates ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO,I SAN FRANCISCO,. -SAN MATED, SANTA CLARA AND SANTA CRUZ COUNTIES: TILE LAYER - 34.13 7.20 TILE FINISHER. 11.16 5.97 CALAVERAS, SAN JOAQUIN, STANISLAUS AND ITUOLUMNE COUNTIES TILE LAYER 28.43 7.15 TILER FINISHER 18.66 5.97 FRESNO, KINGS; MADERA, MARIPOSA AND MERGED COUNTIES TILE LAYER 26.27 5.65 TILE FINISHER 18.55 4.77• CARP0003A 08/01/2002 ALAMEDA, CONTRA COSTA, SAN FRANCISCO, COUNTIES DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPPER MONTEREY, SAN BENITO AND SANTA Total Project value $25 Million and over DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPPER Total Project Value under $25 Million DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPPER REMAINDER OF COUNTIES: . Total Project value $25 million and over DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPPER Total Project value under $25 million DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPER Rates SAN MATEO AND SANTA CLARA ;9.75 12.415 14.88 6.795 Fringes CRUZ COUNTIES 29.75 14.88 24.62 12.19 29.75 114.88 23.77 11.89 Fringes 12.415 6.795 12.415 6.795 12.415 6.975 12.415 7.795 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval CARP0034A 07/01/2002 DIVERS.: Diver standby Diver wet pay - Tender 1 Saturation diver DEPTH PAY (Surface Diving): 50 to 100 ft $1.32/ft 100 to'ii50 ft $66.00 + $1.85/ft 150 to]200 ft $158.00 + $2.65/ft 200 ft land over $291.00 + $3.00/ft Rates 32.34 43.59 32.34 46.50 Fringes 14.475 14.475 14.475 14.475 CARP0034C 07/01/2002 PILEDRIVER Rates 29.40 Fringes 14.475 CARP0035A 07/01/2002 - Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, AND SANTA CLARA COUNTIES:. CARPENTER 29.75 11.975 HARDWOOD1I FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR'; SAW FILER 29.90 11.975 BRIDGE BUILDERS 29-.75 11.975 MILLWRIGHT 29.85 13.315 C'A7,AVERAS, FRESNO; KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS, AND TUOLUMNE COUNTIES: TOTAL PROJECT VALUE $25 MILLION AND OVER: CARPENTER 29.75 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER'SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER . . - 29.90 11.975 BRIDGE BUILDERS ' ' 29.75 11.975 MILLWRIGHT ' . - - - 29.85 13.315 1 • TOTAL PROJECT VALUE' UNDER $25HMILLION CARPENTER HARDWOOP FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER BRIDGE !BUILDERS MILLWRIGHT 2 .27 11.975 23.42 27.43 25.27 'MONTEREY, SAN BENITO,- AND SANTA -CRUZ COUNTIES: TOTAL PROJECT VALUE $25 MILLION AND OVER: CARPENTER HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER BRIDGE BUILDERS MILLWRIGHT 29.75 29.90 29.75 29.85 11.975 11.975 13.315 11.975 11.975 11.975 13.315 Page 4 of 35 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 5 of 35 TOTAL PROJECT VALUE UNDER $25,000,000 CARPENTER HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER BRIDGE BUILDERS MILLWRIGHT 24.62 11.975 24.77 27.99 26.62 11.975 11.975 13.315 11 CARP0035H 07/01/2002 'Rates . Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA COUNTIES MODULAR FURNITURE INSTALLER 11.18 5.455 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES MODULAR FURNITUREINSTALLER 16.00 5.455 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS, TUOLUMNE COUNTIES 11 MODULAR FURNITURE INSTALLER 15.23 5.455 ELEC0006A 12/01/2000 Rates Fringes ALAMEDA, CONTRA COSTA, MONTEREY; SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA,' • AND SANTA CRUZ COUNTIES: COMMUNICATIONS AND SYSTEMS WORK: Communications and Systems Installer Communications and'Systems Technician 23.32 II 26.55 3'k+4.10 3%+4.10 SCOPEOFWORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life -safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit,- shall be performed by the inside electrician. ELEC000GH 06/01/2002 SAN FRANCISCO COUNTY: ELECTRICIAN Rates 45.55 Fringes 13.885 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 6 of 35 ELEC0006K 12/01/1999 Rates - Fringes CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS-AND TUOLUMNE COUNTIES: - COMMUNICATIONS AND SYSTEMS WORK: Communications and Systems Installer Communications and Systems Technician 18.72 3%+4.10 21.31 3%+4.10 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or . multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life -safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ELEC0100C 06/01/2002 FRESNO; KINGS, AND MADERA COUNTIES: ELECTRICIAN _ R tes 27.10 Fringes 3%+8.81 ELEC0100F 01/07/2002 Rates FRESNO, KINGS, MADERA AND TULARE COUNTIES: COMMUNICATIONS AND SYSTEMS INSTALLER . - 21.47 Fringes 3%+5.40 SCOPE OF WORK Includesthe installation testing, service and maintenance, of the following systems whichutilizethe transmission and/or transference of voice, sound, vision and digital for commercial, education; security and entertainment purposes for the following: TV monitoring and surveillance, background -foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call system, radio page, school intercom and1 sound, burglar alarms; and low voltage master clock systems. A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS Background foreground musicc Intercom and telephone interconnect systems Telephone systems Nurse call systems Radio page systems School intercom and sound systems http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 7 of 35 Burglar alarm systems Low voltage master clock. systems Multi-media/multiplex systems Sound and musical entertainment systems RF systems - - Antennas and Wave Guide B. FIRE ALARM -SYSTEMS Installation, wire pulling and testing C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance Video security systems Video entertainment systems Video educational systems Microwave transmission systems CATV and CCTV D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems Sonar/infrared monitoring equipment E. COMMUNICATIONS SYSTEMS THAT TRANSMIT INFORMATION' AND/OR CONTROL SYSTEMS THAT TO THE ABOVE LISTED SYSTEMS 'SCADA (Supervisory Control and PCM (Pulse Code Modulation) Inventory Control Systems Digital Data Systems Broadband and Baseband and Carriers Point of Sale Systems VSAT Data Systems Data Communication Systems RF and Remote Control Systems Fiber Optic Data Systems ystems OR RECEIVE ARE INTRINSIC Data Acquisition) WORK EXCLUDED Raceway systems are not covered (excluding Ladder -Rack for the purpose of the above' listed systems). Chases and/or nipples (not to exceed 10 feet) may be installed on open wiring systems. Energy management systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above listed systems (in the scope). Fire alarm systems when installed in raceways (including wire and cable pulling) shall be performed at the electrician wage rate, when either of the following two (2) conditions apply: 1. The project involves new or major trades construction. 2. The conductors for the fire alarm in conduit. remodel building system are installed ELECO234A 12/24/2001 Rates MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES: ELECTRICIANS 32.06 Fringes 3% + 11.59 http://frwebgat.../getdoc.cgi?dbni e=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 8 of 35 ELEC0302A 06/01/2002 Rates CONTRA COSTA COUNTY: ELECTRICIANS - 37 CABLE' SPLICER 41 51 26 Fringes 3%+9.90 3%+9.90 ELEC0332A 06/01/2002 SANTA CLARA COUNTY: ELECTRICIAN CABLE SPLICER Rates 42.57 48.96 Fringes 3%+11.27 3%+11.27 FOOTNOTES: • Work under compressed air or where gas masks are required, or work on ladders, scaffolds, stacks, "Bosun's chairs," or other structures and where the workers are noti protected by permanent guard rails at a distance of 40 to 60 ftt. from the ground or supporting structures: to be paid one Ind one-half times the straight -time rate of pay. Work on structures of 60 ft. or over ('as described above): to be paid twice the straight -time rate of .pay. ELEC0595A 06/01/2002 ALAMEDA COUNTY: Electricians Cable Splicers ELEC0595B 06/01/2002 CALAVERAS AND SAN JOAQUIN COUNTIES: TUNNEL WORK: Electrician Cable splicer ALL OTHER WORK: Electrician Cable splicer Rates Fringes 37.00 4 1.63 Rates 28.32 31.84 7:5%+11.96 31+14.35 31+14.35 Fringes, 28.19 31.71 7.51+11.96 7.51+11.96 7.51+11.96 ELEC0617A 06/01/2002 SAN MATEO COUNTY: ELECTRICIAN Rates Fringes 42.37 31+11.66 ELEC0684A" 07/01/2001 Rates Fringes MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES: Electrician - 28.02 Cable splicer 30.82 71+9.05 71+9.05 ELEC1245A 06/01/2002 LINE CONSTRUCTION Lineman; Cable splicer Rates Fringes 33.16 4.51+7.08 http://frwebgat /getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 9 of 35 Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), and overhead and underground distribution line equipment) Groundman Powderman 28 21 31 19 4.5$+6.80 56 4.5$+6.80 51 4.5%+6.84 ELEV0008A 08/01/2001 ELEVATOR MECHANIC Rates 42'. 735 Fringes 7.455 FOOTNOTE: Vacation Pay: 8% with 5 or more yearsof service, 6t for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. * ENGI0003B 07/01/2001 Rates POWER EQUIPMENT OPERATORS: DREDGING: CLAMSHELL & DIPPER DREDGING; HYDRAULIC SUCTION DREDGING: AREA 1: Leverman - Dredge dozer; Heavy duty repairman -' Booster pump operator; Deck; engineer; Deck Mate; Dredge tender; Winch operator Bargeman; Deckhand; Fireman; Leveehand; Oiler AREA 2: Leverman Dredge dozer; Heavy duty repairman • Booster pump operator; Deck engineer; Deck mate; Dredge tender; Winch operator ' Bargeman; Deckhand; Fireman; leveehand; oiler 34.39 29.43 28.31 25.01 36.39 31.43 30.31 27.01 AREA -DESCRIPTIONS FOR POWER EQUIPMENT 0 ERATORS DREDGING ' These -areas do not apply to piledrivers AREA 1: BUTTE, MARIN, NAPA, SACRAMENTO, YUBA COUNTIES AREA 2: MODOC COUNTY ' The remaining counties. are split betwee noted below: Fringes 12.37 12.37 12.37 12.37 12.29 12.29 12.29 12.29 and steel erectors. SOLANO, SUTTER, YOLO AND Area 1 and Area 2 as ALPINE COUNTY: AREA 1.: Area within the line beginning at the northernmost point of Alpine County at the intersection of the California/Nevada state boundary, http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 10 of 35 Thence southeasterly along the state boundary to the intersection of the northerly line of Township 10N, Range 21E, Thence westerly to the intersection of said county line and the northerly line of Township 10N, Range 18E, Thence northerly along said county line to the point of beginning. AREA 2: Remainder of Alpine County. COLUSA COUNTY: AREA 1: Area lying easterly of the east line of the following townships: Township 16N, Range 7W; Township 17N, Range 7W; Township 18N, Range 7W. AREA 2: Remainder of Colusa County. EL DORADO COUNTY: AREA 1: Beginning at the point of intersection of the northerly line of El Dorado County with the easterly line of Range 10E, Thence southwesterly along said corner of said county, Thence easterly along said county to the intersection of the easterly line of Township 8N, Range 14#, Thence northerly to the northeast corner of Township 1ON, Range 14E, Thence easterly along the 2nd standard parallel north to the intersection of the easterly line county, Thence northerly along said county line to the California/Nevada State Border, Thence northerly along said border to the northerly line of said county, Thence westerly along the county line to the intersection with the easterly line of Township 14N,IRange 14E, southerly to the southeast corner of Township 14E, easterly to the northeast corner of Township 13N, 15E, southerly to the southeast corner of Township 13N, 15E, easterly to the northeast corner of Townshp 12N, 16E, southerly to the southeast corner of Township 12N, Range 16E, Thence westerly to the Range 10E, Thence northerly along beginning. AREA 2: Remainder of El Thence Range Thence Range Thence Range Thence Range Thence county line II line to the southwest of said 14N, • southeast corner of Township 12N, the township line to the point of Dorado County. - GLENN COUNTY: AREA 1: Area lying easterly of the east line of the following townships: Township 18N, Range 7W; Township 19N, Range 7W; Township 20N, Range 7W; Township 21N, Range 7W. AREA 2: Remainder. of Glenn County.- LASSEN COUNTY: AREA 1: Area lying within the following townships: Township 27N, Range 8E; Township 28N, Range 8E;Township 30N, Range 6E; Township 31N, Range 6E; township 32N, Range 6E. AREA 2: Remainder of Lassen County. PLACER COUNTY: AREA 1: Beginning at the point of intersection of the northerly lineofPlacer County with the California/Nevada state border, Thence southwesterly along said countyline to http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA020O2 9/9/02 WAIS Document Retrieval Page 11 ot 35 the southwest corner ot said county, Thence easterly and northeasterly along said -county line to the intersection with the easterly line of Range 10E, Thence northerly to the northwest corner of Township 15N, Range 11E, - Thence easterly to the northeast corner of - Township 15N, Range 11E, Thence northerly to the northwest corner of Township 16N, Range 12E, Thence easterly to the northwest corner of Township 16N, Range 12E, Thence easterly to the northeast corner of Township 16N, Range 14E, Thence southerly along the range line to the intersection of the southerly line of !said county, * ENGI0004L 06/16/2002 - POWER EQUIPMENT OPERATORS: AREA 1: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 8-A AREA 2: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 8-A POWER EQUIPMENT OPERATORS - ALL AREA -1: GROUP 1 Truck crane oiler Oiler GROUP 2 Truck crane oiler Oiler GROUP 3 Truck crane oiler' Hydraulic Oiler AREA 2: GROUP 1 Truck crane oiler Oiler GROUP 2 Truck crane oiler Oiler GROUP 3 Truck crane oiler Hydraulic Oiler Rates 34.47 32.94 31.46 39.08 28,.81 271.49 26.35 25.21 23.00 36.47 34.94 33.46 32.08 30.81 29.49 28.35 27.21 25.00 Fringes 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13 .51 13.51 CRANES AND ATTACHMENTS: 35.35 28.38 26.09 33.59 28.12 25.88 31.85 27.88 27.49 25.60 37' 35 30.38 28.09 35.59 30.12 27.88 33.85 "29.88 28.12 27.60 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 12 of 35 POWER EQUIPMENT OPERATORS - PILEDRIVERS.: GROUP 1 35.69 Truck crane oiler 28.77, Oiler 26.43 GROUP 2 - 33.87 Truck crane oiler 28.46 Oiler 26.16 GROUP 3 32.19 Truck crane oiler 28.17 Oiler 25.94 -GROUP 4 30.42" GROUP 5 27.78 GROUP 6 25;55, POWER EQUIPMENT OPERATORS - STEEL ERECTION: GROUP 1 36.32 Truck crane oiler 29.00 Oiler 26.77 GROUP 2 34.55 Truck crane oiler - 28.78 Oiler 26.50 GROUP 3 33.07 Truck crane oiler 28.51 Hydraulic 28.12 Oiler - 26.28 GROUP 4 - 311.05 GROUP 5 291.75' TUNNEL AND UNDERGROUND POWER EQUIPMENT OPERATORS AREA 1: UNDERGROUND:. GROUP 1-A GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 32.9 30.4 29.2 '27.8 26.7 25.6 SHAFTS, STOPES AND RAISES:. .� GROUP 1-A - 33.04 "GROUP 1 30.57 GROUP 2 _ 29.31 GROUP 3 27.98, GROUP 4 26.74 GROUP 5 25.70 AREA 2: UNDERGROUND:. GROUP 1-A GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 SHAFTS, STOPES AND RAISES: GROUP 1-A GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 34.94 '32.47 31.21 29.88 28.74 27.60 35.04 32.5 31.31 29.98 28.84 27.70 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13:51 13.51 WORK: 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 13.51 FOOTNOTE: Work suspended by ropes or cables, or work on a Yo -Yo Cat: $.60 per hour additional. POWER EQUIPMENT OPERATOR CLASSIFICATIONS http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 13 of 35 GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over;IIPower shovels, over 7 cu. yds. GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu.'yds. m.r.c. GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine; Crane mounted continuous flight tie back machine; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu.jjyd.; Pre -stress wire wrapping.,machine; Side boom cat, 572 or larger; Track loader 4 cu. yds. and over; Wheel excavator (up to and including 750 cu. yds. per hour) GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and'including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer`and/or push cat; Pull - type elevating loader; Gradesetter, grade checker (GPS, mechanical or otherwise); Grooving and grinding machine; Heading shield operator; Heavy-duty drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; Lime spreader; Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene!and similar); Miller Formless M-9000 slope•paver.or similar; Portable crushing and screening plants; Powerblade support; Roller operator, asphalt; Rubber -tired scraper, self -loading (paddle -wheels, etc.); Rubber - tired earthmoving equipment (scrapers); !Slip form paver (concrete); Small tractor with drag;•Soil stabilizer (P & H or equal); Timber skidder; Track loader uOto 4 yds.; Tractor -drawn scraper; Tractor, compressor drill combination; Welder; Woods - Mixer (and other similar Pugmill equipment) GROUP 5: Cast -in -place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete, pump, truck or equipment mounted; Concrete conveyor, building site; Concrete pump or'pumperete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist Mechanical finishers (concrete) (Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine, concrete or asphalt); Mine•or shaft hoist; Portable crusher; Power jumbo operator (setting slip -forms, etc., in tunnels); Screed (automatic or manual); Self-propelled compactor with dozer; Tractor with boom D6 or smaller; Trenching machine, maximum digging capacity over 5 ft. depth; Vermeer T -600B rock cutter or similar II GROUP 6: Armor-Coater (or similar);. Ballast jack tamper; Boom - type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine, truck -mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600, Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor;)Helicopter radio operator; Hydro -hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with attachments); Locomotive; Lull hi -lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck -mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines only); Pipe wrapping machine (tractor propelled and supported); Screed (except asphaltic concrete paving); Self- http://frwebgat.../getdoc.cgi?dbame=Davis-Bacon&docid=CA02002 9/9/02 it WAIS Document Retrieval Page 14 of 35 propelled pipeline wrapping machine; Soils & materials tester; Tractor 'GROUP 7: Ballast regulator; Boom truck or dual-purpose A -frame truck, non rotating - under 15 tons; Truck -mounted rotating telescopic boom type lifting device, Maiiitex or -similar (boom truck) - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r:c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar);' Lift slab machine (Vagtborg and similar types); Maginnes internal'full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals) Self-propelled compactor (without dozer); Signalperson; Slip -form pumps (lifting device for concrete forms); Tie spacer; Tower Mobile; Trenching machine, maximum digging capacity up, to and including 5 ft. depth; Truck - type loader GROUP 8: Bit sharpener; Boiler tender; Box operator; Brakeperson; Combination mixer and compressor (shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator; Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar);IMixermobile; Oiler; Pump operator; Refrigeration plant; Reservoir -debris tug (self- propelled floating); Ross Carrier (construction site); Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum cooling plant; Welding machine (powered other than by electricity) GROUP 8-A: Elevator operator; Skidsteer loader - Bobcat 743 series or smaller, and similar (withoutllattachments); Mini excavator under 25 H.P. (backhoe - trencher) POWER EQUIPMENT OPERATOR CLASSIFICATIONS ALL CRANES AND ATTACHMENTS GROUP 1: Clamshell and dragline over V cu. yds.; Crane, over 100 tons; Derrick,'over 100 tons;Derrick barge pedestal -mounted, over 100 tons; Self-propelled boom -type lifting device, over 100 tons GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and including 100 tons; Derrick barge, 100 tons and under; Self-propelled boom -type lifting device, over.45 tons; Mobile self -erecting tower crane (Potain) over three (3) stories GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Crane, 45 tons and under; Self-propelled boom -type lifting device, 45 tons and under; Truck -mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons; Boom truck or dual purpose A -frame truck, non -rotating, over 15 tons GROUP 3A: Mobile self -erecting tower crane (Potain) three (3) stories or under POWER EQUIPMENT OPERATORS - PILEDRIVERS GROUP 1: Derrick barge pedestal mounted over 100 tons; Clamshell over 7 cu. yds.; Self-propelled boom -type lifting device over 100 tons; Truck crane or crawler, land or barge http://frwebgat.../getdoc.cgi?dbnaMe=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 15 of 35 mounted over 100 tons GROUP 2: Derrick barge pedestal mounted 45 tons to and including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom -type -lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons -up to and including 100 tons GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom -type lifting device 45 tons and under; Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under • GROUP'.4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer GROUP 6: Deckhand; Fire tender POWER EQUIPMENT OPERATORS - STEEL GROUP 1: Crane over 100 tons; Derrick propelled boom -type lifting device over ERECTORS over 100 tons; Self - 100 tons GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom -type lifting device over 45 tons to 100 tons; Tower crane GROUP 3: Crane, 45 tons -and -under; Self-propelled boom -type lifting device, 45 tons and under GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder ' GROUP 5: Boom cat POWER EQUIUPMENT OPERATORS: TUNNEL AND UNDERGROUND WORK GROUP 1-A: Tunnel bore machine operator, 20' diameter or more GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator GROUP 2: Combination slusher and motor operator; Concrete pump or pumperete gun; Power jumbo operator GROUP 3: Drill doctor; Mine or -shaft hoist GROUP 4: Combination slurry mixer cleaner; Grouting Machine GROUP 5: Bit Sharpener;' Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump operator; Slusher operator operator; Motorman • AREA DESCRIPTIONS POWER EQUIPMENT OPERATORS CRANES AND ATTACHMENTS TUNNEL AND UNDERGROUND These areas do not apply to piledrivers and steel erectors. AREA 1: ALAMEDA, CONTRA COSTA, KINGS, MERCED, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO,. SANTA CLARA, SANTA CRUZ AND STANISLAUS COUNTIES AREA 2 - The remaining counties are split between Area 1 and http://frwebgat.../getdoc.cgi?dbnlame=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 16 of 35 Area 2 as noted':.below: CALAVERAS COUNTY: AREA 1: Area within the line beginning at the southernmost point of Calaveras County, Thence northerly along the southeasterly county line to the intersection with the easterly line of Range 15 East, Thence northerly to the northeast corner of Township 5N, Range 15E, Thence westerly to the southeastcorner of Township 6N, Range 14E, Thence northerly along the range line to the intersection withthe northerly line of said county, Thence westerly and southerly along the county line to the point of beginning. AREA 2: Remainder of Calaveras County. FRESNO COUNTY: AREA 1: Area within the line beginning at the southeast corner of Township 13S, Range 28E, Thence northerly to the northeast "corner of Township 13S, Range 28E, Thence westerly to the southeast corner of Township 128, Range 27E, Thence northerly to the northeast corner of Township 12S, Range 27E, Thence westerly to the southeast corner of Township 11S, Range 26E, Thence northerly to the northeast corner of Township 11S, Range 26E, Thence westerly, to the southeast corner of Township 10S, Range 25E, - - Thence northerly to the northeast corner of Township 9S, Range 25E, • - - Thence westerly to the southeast corner of Township 8S, Range 24E, Thence northerly to the northeast corner of Township 88, Range 24E, Thence westerly along the north line of Township 88 to the intersection with the Fresno County line, Thence southwesterly and northwesterly) along said county line to the intersection with the southeasterly line of Merced County, II Thence southwesterly along said county line to the intersection with the easterly line of San Benito County, Thence southerly along said county line -to the intersection with the easterly line of Monterey County, Thence southeasterly along said county line to the intersection with the northwesterly line of Kings County, Thence northeasterly along the southeasterly line of Fresno Countyto the pointof beginning. AREA 2: Remainder of Fresno County. MADERA COUNTY: AREA 1: Area within the line beginning at the point of intersection of:Fresno County, Madera County, and Merced County, - Thence southeasterly and northeasterly along the southerly line of Madera County totheintersection with the northerly line of Township 8S, Thencewesterlyto the southeast corner of Township 7S, Range 23E, .Thence northerly to the northeast corner of Township 6S,. Range 23E, http://frwebgat.../getdoc.cgi?dbnl e=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 17 of 35 Thence westerly along the north line of Township.68. to the intersection of the northwesterly line of Madera County, Thence southwesterly along said county line to the point of beginning. AREA 2: Remainder of Madera County. MARIPOSA COUNTY AREA 1: AREA 1: Area within the line beginning at the point of intersection of Stanislaus County with Mariposa County, Thence southeasterly along the westerly line of Mariposa County to the intersection of Madera County, Thence northeasterly along said county line to the itersection of the southerly line of Township 5S, Thence westerly to the southeast cornir of Township 5S, Range 20E, Thence northerly to the northeast corner of Township 5S, Range 20E, I Thence westerly to the southeast corner of Township 4S, Range 19E, Thence northerly along the range line to the intersection with the northerly line of Mariposa County, Thence westerly along said county line to the point of beginning. AREA 2 :-Remainder of Mariposa County MONTEREY COUNTY: AREA 1: Area within a line beginning at the intersection of the southerly line of Township 19S with the Pacific Ocean, Thence easterly along the southerly line of Township 19S to the northwest corner of Township 20$, Range 6E, Thence southerly to the southwest corner of Township 20$, range 6E, Thence easterly to the northwest corner of Township 21S, Range 7E, Thence southerly to the southwest corner of Township 21S, Range 7E, Thence easterly to the northwest corner of Township 22$, Range 9E, Thence southerly to the southwest corner of Township 22S, Range 9E, Thence easterly to the northwest corner of Township 235, Range 10E, Thence southerly to the southwest corner of Township 245, Range 10E, Thence easterly along the southerly line of Township 24S to the southeasterly corner of Monterey County, Thence northwesterly along said county line to the point of intersection with the southerly line of Santa Cruz County, Thence westerly along the northerly line of Monterey County to the Pacific Ocean, Thence southerly along the Pacific Ocean to the point of beginning. AREA 2: Remainder of Monterey County. TUOLUMNE COUNTY: AREA 1: Area within the line beginning at the point of intersection of the easterly line of Township 2S, Range 19E, with the southerly line of Tuolumne County, Thence northerly to the northeast corner of Township 1S, Range 19E, Thence westerly to the southeast corner of Township 1N, Range 18E, Thence northerly to the northeast corner of Township 3N, Range 18E, http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 18 of 35 Thence westerly to the southeast corner of Township 4N, Range 17E, Thence northerly to the northeast corner of Township 4N, Range 17E, • Thence northerly to the northeast corner of Township 4N, Range 17E, Thence westerly to the southeast corner of Township 5N, Range 15E, Thence northerly to the intersection f the county line with the easterly line of Township 5N, Range 15E, Thence southwesterly along the county line to the intersection of the northeasterly line f Stanislaus County, Thence southeasterly along said county line to the southernmost corner of Tuolumne County, Thence easterly along the county line to the point of beginning. AREA 2: Remainder of Tuolumne County. IRON0001U 07/01/2002 • Rates Fringes ALAMEDA, CATANERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: IRONWORKERS: Fenceerector Ornamental, reinforcing and structural 25.97 26.86 15.29 15.29 FOOTNOTE: CITY OF SAN'FRANCISCO defined as the city limits of San Francisco (as described by the San Francisco County Recorder's Office as of July 1, 1998), the Golden Gate Bridge in its entirety, and the west side of the San Francisco Bay Bridge up to and including Treasure Island): Zone fee: $10.00 per day. i IRON0001V 07/01/2002 MONTEREY COUNTY: IRONWORKERS: Fence erector -Ornamental,-reinforcing--an structural Rates 25.97 26.86 FOOTNOTE: Work at the Army Defense Language Institute, Naval Post Graduate School additional $2.00 per hour. Fringes 15.29 15.29 and the LAB00036A 07/01/2001 SAN FRANCISCO AND SAN MATEO COUNTIES: BRICK TENDER Rates • 23.32 FOOTNOTES: Underground work such as sewers, manholes, catch basins, sewer pipes, telephone conduits, tunnels and -cut trenches: $5.00 per day additional. Work in live sewage: $2.50per day additional. Fringes 9.61 LAB00036B 07/01/2001 Rates SAN FRANCISCO AND SAN MATEO COUNTIES: Fringes http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 19 of 35 PLASTERER TENDER 23.32 9.69 FOOTNOTES: Work on a suspended scaffold, $5.00 per day additional. Work operating a plaster mixer pump gun: $1.00 per hour additional. - LAB00067B 12/01/2001 ALAMEDA, rATAVERAS, CONTRA MARIPOSA, MERCED, MONTEREY, SAN FRANCISCO, SAN JOAQUIN, COUNTIES: • Rates Fringes COSTA, FRESNO, KINGS, MADERA, SAN BENITO, SAN MATEO,- SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE ASBESTOS REMOVAL TABORER 1 .30 2.11 SCOPE OF WORK: Covers site mobilization; initial site clean-up; site preparation; removal of asbestos containing materials from walls and ceilings; or from pipes, boilers and mechanical systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos -containing materials by hand or with equipment or machinery; scaffolding;' fabrication of temporary wooden barriers; and assembly of decontamination stations. LAB00067H 06/24/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: LABORERS: • Construction specialist group 23.34 9.08 Group 1 22J64 9.08 Group 1-a 22186 9.08 GROUP 1-b: see note below - GROUP 1-c 22 69 9.08 GROUP 1-d:, see note below GROUP 1-e - 23.19 9.08 GROUP 1-f 21122 9.08 GROUP 1-g (Contra Costa County) 21136 8.08 GROUP 2 21149 9.08 GROUP 3 21139 9.08 GROUP 4 - - ' - 15108 9.08 See groups 1-b and 1-d under laborer classifications. GUNITE LABORERS: ' GROUP 1 - - 23 ' GROUP 2 - - - 23 GROUP 3 22 GROUP 4 - 22 WRECKING WORK: GROUP 1 GROUP 2 GROUP 3 22 22 16 60 .10 .51 .39 .64 .49 .08 9.08 9.08 9.08 9.08 9.08 9.08 9.08 GARDENERS,- HORTICULTURAL AND LANDSCAPE LABORERS: New construction 22139 9.08 Establishment warranty period 16.08 9.08 rATAMERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN- BENITO, SANTA CRUZ, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: ' http://frwebgat::./getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/.9/02 WAIS Document Retrieval Page 20 of 35 LABORERS: Construction specialist group Group 1 Group 1-a GROUP 1-b: see note below GROUP 1-c GROUP 1-d: see note below GROUP 1-e GROUP 1-f GROUP 2 GROUP 3 GROUP 4 22i 34 21.!64 21. 86 21.69 22:19 211/22 2149 '21!39 15:08 See groups 1-b and 1-d under laborer classifications. GUNITE LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 WRECKING WORK: GROUP 1 GROUP 2 GROUP 3 23.60 23U.0 22'.51 22139 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 22:64 8.13 221/49 8.13 1e!O8 8.13 GARDENERS, HORTICULTURAL AND LANDSCAPE LABORERS: New construction 211(39 8.13 Establishment warranty.period 154.08 8.13 FOOTNOTES: Laborers working off or with%or from bos'n chairs, swinging' scaffolds, belts shall receive' $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection withIlaborers' work; Masonry and plasterer tender; Cast -in -place manhole form setter; Pressure pipelayer; Davis trencher 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work;. Concrete. sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker;. Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime; caustic and similar type materials (applying means applying, dipping or handling ofsuch materials); Lagging, sheeting, whaling, bracing; trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including .repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast -manhole setter; Pressure pipe tester; Post hole digger, air,gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap.stonepaver and rock-slinger, including placing of sacked concrete and/or sand ,(wet or dry) and gabions http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval :Page 21 of 35 and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with -laborers' work;IVibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner -Denver model DH143 and similar type drills; Track driller; jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of -power; Mechanical pipe layers,lall types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever typeregardlessof method used for such loading and placing; High:scalers (including drilling of same); Tree topper; Bit grinder - GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. "Sewer cleaner" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all . recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track land road beds. All employees performing work covered herein shall receive $-.25 per hour above their regular rate for all work performed on underground structures not specifically hovered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply tocutand cover work of subway construction after the temporary :over has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying) ;. Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of dame, including repair of voids; Precast manhole setters, cast in 'Place manhole form setters - GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke -setter and rigger (clearing work); Concrete bucket dumper and-chute;'Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 22 of 35 erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines; Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: All clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsitejonly); material cleaner (jobsite only). The classification "material cleaner" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the` material is to be salvaged and stocked-to'be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of "form stripping, cleaning and oiling and moving to the next point of erection". GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural nozzle operator GROUP 2: Nozzle operator (including gun, GROUP 3: Rebound GROUP 4: Gunite laborer pot); Ground person WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi -skilled wrecker (salvaging of other building 'materials) GROUP 3: General laborer (includes all clean-up work, loading lumber, loading and burning of debris) LAB00067N 06/30/2002 TUNNEL AND SHAFT LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 Rates 27 00 26 ,77 2052 2025 26.107 25 153 Fringes 9.08 9.08 9.08 9.08 9.08 9.08 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Ground person; Gunite and shotcrete nozzle operator GROUP 2: Rod person; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powder person - heading; Cherry picker operator . where car is lifted; Concrete finisher in tunnel; Concrete screed per on; Grout pump operator and pot person; Gunite & shotcrete gunperson& pot person; Header person; High pressure nozzle operator; Miner - tunnel, including top and bottom person on shaft and raise work; Nipper; Nozzle operator on slick line; Sandblaster - pot person GROUP 4: Steel form raiser and setter; Timber person, retimber person (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender Chuck tender; Powder person - primer house http//frwebgat.../getdoc.cgi?dbname-Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 23 of 35 GROUP 5: Vibrator operator, pavement breaker; Bull gang - muckers, track person; Concrete crew-- includes nodding and spreading GROUP 6: Dump person (any method); Grout crew;- Rebound. person; Swamper II LAB00073C 07/01/2001 Rates . Fringes. CALAVERAS, MARIPOSA,- MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: --BRICK TENDER 23.34 5.36 LAB00073E CALAVERAS, STANISLAUS 01/01/2001 FRESNO, KINGS, MADERA, AND TUOLUMNE. COUNTIES: • PLASTERER - TENDER Rates Fringes MARIPOSA, MERCED, SAN JOAQUIN, 21.10 If 8.25 LABO0166A 07/01/1999 ALAMEDA AND.CONTRA COSTA COUNTIES: BRICK TENDER Rates 20.90 FOOTNOTES: - Work on jobs where heat -protective clothing per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day addition,. Fringes 10.26 is required: $2.00 LABO0166B 07/01/1999 ALAMEDA AND CONTRA COSTA COUNTIES: PLASTERER TENDERS: Plasterer tender Gun operator LABO0185A 07/01/2001 MONTEREY AND SAN BENITO COUNTIES: BRICK TENDER LABO0270A; 07/01/2001 SANTA CLARA COUNTY: BRICK TENDER Rates 23.25 24.00 Rates 23.24 Rates FOOTNOTE: $2.00 per hour for.refactory heat -protective clothing is required. ANTA CRUZ COUNTY: BRICK TENDER 24.05 work where 23.05 Fringes 10.16 10.16 Fringes 5.36 Fringes 6.15 6.15 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 24 of 35 LABoo270E 07/01/2000 R tes SAN BENITO, SANTA CLARA AND SANTA CRUZ COUNTIES: All wood framed buildings four (4) stories or less and excludes steel structures, structures with metal studs PLASTER TENDER All wood framed buildings five (5) stories or more includes all steel structures and all structures with metal studs PLASTER TENDER Fringes 22.68 6.85 24.60 6.75 LABO0294A 07/01/2001 FRESNO, KINGS AND MADERA COUNTIES: BRICK TENDER Rates 23.64 Fringes 5.36 LABO0297A 09/01/1998 - MONTEREY AND SAN BENITO COUNTIES: PLASTERER TENDER Rates Fringes 15.95 FOOTNOTE: Mixer person: $4.00 per day additional. PAIN0016A 07/01/2002 ALAMEDA AND CONTRA COSTA: PAINTERS: Work on industrial buildings (used for the manufacture and processing of goods for sale or service); Also, steel construction (bridges), stacks, towers, tanks and similar structures): Brush and Roller Working over 50 feet 100 to 180 feet 34.27 over 180 feet 36.27 Spray and Sandblast Working over 50 feet 100 to 180 feet 34.77 over 180 feet 36.77 Application of Exotic materials Working over 50 feet 100 to 180 feet 35.02 over 180 feet 37.02 All Other Work: Brush and Roller Working over 50 feet 100 to 180 feet 34.02 over 180 feet 36.02 Rates 30.27 32.2 30.7,7 32.7 31.02 33.02 Fringes 9.95 9.95 9.95 9.95 9.95 9.95 9.95 9.95 9.95 9.95 9.95 9.92 30.02 9.95 32.02 9.95 9.95 9.95 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 25 of 35 Application of Exotic materials 30.77 Working over 50 feet 32.77 100 to 180 feet 34.77 over 180 feet - 36.77 9.95 9.95 9.95 9.95 PAIN0016C -08/01/2002 • Rates Fringes rATAVERAS, MARIPOSA, MERCED, MONTEREY, SAN BENITO SAN JOAQUIN, SANTA CRUZ, STANISLAUS, TUOLUMNE COUNTIES: DRYWALL FINISHER/TAPER' -30:78 9.26 ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SANT MATEO AND SANTA CLARA COUNTIES: I DRYWALL FINISHER/TAPER 33.43 10.88 PAIN0016H 07/01/2001 FRESNO, KINGS AND MADERA COUNTIES: DRYWALL TAPER PAINTER Rates 21.83 20.58 -5.98 Fringes 5.98 FOOTNOTES: Paperhangers, and work. over 30 feet (does not include work from a lift): $0.50 per hour additional. Spray painters and sandblasters: $0.75 per hour additional. Lead paint abaters: $0.75 per hour additional. PAIN0016K 01/01/1999 FRESNO, KINGS, MADERA-AND COUNTIES: SOFT FLOOR LAYER Rates Fringes 18.63 4.09 PAIN0o16N 07/01/2001 Rates Fringes MONTEREY, SAN BENITO, SAN MATEO, SANTA CLARA.AND SANTA CRUZ COUNTIES: PAINTER: 28.55 8.62 PAIN0016Q 03/01/1999 cALAVERAS AND SAN JOAQUIN COUNTIES:" PAINTERS: '.Brush Sandblaster; Waterblaster; Steam cleaning Work with coal tar and exotic materials - - Rates 8.05 19.05 19.80 Fringes 7.23 7.23 7.23 PAIN0016S 11/01/2001 Rates MARIPOSA, MERCED, STANISLAUS, AND TOULUMNE COUNTIES: PAINTER: Brush Paperhanger; Spray & Sandblast Hazardous coating, application 20.41 21.41 7.82 Fringes 7.82 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 26 of 35 and removal PAIN0016Y 07/01/2001 SAN. FRANCISCO COUNTY: PAINTER 22.16 rt Rates 29.56 7.82... Fringes 8.20 PAIN0169A 07/01/2001 Rates FRESNO, KINGS, MADERA, MARIPOSA AND MER`CED COUNTIES: GLAZIER - 24.75 Fringes 8.52 * PAIN0169E 07/01/2002 ALAMEDA AND CONTRA COSTA COUNTIES: GLAZIER Rates Fringes 32.33 10.09 PAIN0169I 07/01/2000 ALAMEDA AND CONTRA COSTA: -SHOWER DOOR INSTALLER Rates' 23.57 Fringes 4:60 PAID HOLIDAYS: New Year's Day, President's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. CA020029 - 1 * PAIN0718B 07/01/2002 SAN FRANCISCO AND SAN MATEO COUNTIES: GLAZIER Rates 30.90 Fringes 11.51 PAIN0767A . 07/01/2001 Rates Fringes CALAVERAS, SAN JOAQUIN; STANISLAUS AND ITUOLUMNE COUNTIES: GLAZIER 27.93 8.41 PAID HOLIDAYS: New Year's Day, Washington's Birthday, Memorial Day, Fourth July, Labor Day, Thanksgiving Day, Day after Thanksgiving Day, and Christmas Day. FOOTNOTE: Work thirty (30) feet or over free fall: $0.60 per hour additional. - PAIN1176A 06/26/2000 PARKING LOT STRIPING/HIGHWAY MARKING: GROUP 1 GROUP 2 GROUP 3 GROUP 4 Service Person (maintenance and Rates 22.84 22.45 1'9.51 22.15 Fringes 6.91 6.91 6.91 6.91 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 27 ot 35 repair ot equipment) Parking.Lot, Game Court . and Playground Installer 13.33 5.87 19.51 6.91 PARKING LOT STRIPING / HIGHWAY MARKING LASSIFICATIONS GROUP 1: STRIPER: Layout and application of painted traffic stripes and marking; hot thermo plastic tape traffic stripes and markings GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers,lother traffic delineating devices; includes all related surface preparation (sandblasting, waterblasting, grinding) as part of the application process GROUP 3: TRAFFIC SURFACE ABRASIVE BLASTER: Removal of traffic lines and markings; preparation of surface for coatings and traffic control devices GROUP 4: TRAFFIC PROTECTIVE DELINEATING SYSTEMS INSTALLER: Removes, relocates, installs permanently affixed roadside and parking delineation barricades, fencing; guard rail, cable anchor, retaining walls, reference signs, and monument markers PAIN1237C 06/01/2001 Rates Fringes CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE COUNTIES: SOFT FLOOR LAYER 25.00 7.17 * PAIN1600D 09/01/2002 Rates Fringes ALAMEDA; CONTRA COSTA, MERCED, MARIPOSAHMONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: SOFT FLOOR LAYER 33.85 9.93 * PAIN1621A 07/01/2002 Rates Fringes MONTEREY, SAN BENITO, SANTA CLARA AND SANTA CRUZ COUNTIES: GLAZIER -32.36 10.11 PLAS0001D 07/01/2001 CEMENT MASON Rates Fringes 27..18 7.58 PLAS0066B 07/01/2001 Rates Fringes ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES: PLASTERER 28.76 11.40 PLAS0300A 07/01/2002 Rates FRESNO, KINGS AND MADERA COUNTIES: PLASTERER 23.53 SAN; BENITO, SANTA CLARA AND SANTA • Fringes 8.95 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 28 of 35 CRUZ COUNTIES: PLASTERER CALAVERAS AND SAN JOAQUIN COUNTIES: PLASTERER MONTEREY COUNTY: PLASTERER MARIPOSA,,MERCED, STANISLAUS AND: TUOLUMNE COUNTIES:• PLASTERER 2 .67 8.98 2 .34 9.48 25.06 9.48 2 .35 9.48 • PLUM0036A 07/01/2002: rAT1AVERAS, MARIPOSA, MERCED, COUNTIES: PLUMBER & STEAMFITTER R tes Fringes SAN JOAQUIN, STANISLAUS AND TUOLUMNE 2 .29 FRENSO, KINGS AND MADERA COUNTIES: PLUMBER & STEAMFITTER 2 .79 11.09 11.09 PLUM0036E 01/01/2000 FRESNO COUNTY: BUILDING CONSTRUCTION ONLY PIPE TRADESMAN Rates L .50 Fringes 4.70 SCOPE OF WORK Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping for culverts in connection with storm sewers and drains Grouting, dry packing and diapering of joints, holes or chase's including paving over joints, in piping; Temporary piping for dirt work for building site preparation; -Operating jack hammers, pavement breakers, chipping guns,. concrete saws and spades to cut holes, chases and channels for piping systems; Digging, grading, backfilling and ground preparation for all types of pipe to all points of the jobsite; Ground preparation including ground leveling, layout and 'planting of shrubbery, trees and ground cover, including watering, mowing, edging, pruning and fertilizing, the breaking of concrete, digging, backfilling and tamping for the preparation and completion of all work in connection with lawn sprinkler and landscaping; Loading, unloading and distributing materials at jobsite; Putting away materials in storage bins in jobsite secure storage area; Demolition of piping and fixtures for remodeling and additions;. Setting up and tearing down work benches, ladders and job shacks; Clean-up and sweeping of jobsite; Pipe wrapping and waterproofing where tar or similar material is applied for protection of buried piping; Flag person PLUM0036I 01/01/2000 MERCED COUNTY: PIPE TRADES PERSON: Building construction only Rates 11.50 Fringes 4.70 SCOPE OF WORK: Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping for culverts in connection with storm sewers and drains; Grouting, dry packing and -diapering of joints, holes or chases including paving over http:'//frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 29 ot.35 joints, in piping; Temporary piping fordirt work for building site preparation; Operating jack hammers, pavement breakers, chipping guns, concrete saws and spadesllto cut holes, chases and channels for piping systems; Digging, grading, backfilling and ground preparation for all types of pipe to all points of the jobsite; Ground preparation including ground leveling, layout and planting of shrubbery, trees and groundllcover, including watering, mowing, edging, pruning and fertilizing, the breaking of concrete, 'digging, bac]cfilling and tamping for the preparation and completion of all work in connection with lawn sprinkler and landscaping; Loading, unloading and distributing materials at jobsite; Putting away materials in storage bins in jobsite secure storage area; Demolition of piping and fixtures for remodeling and additions; Setting up and tearing down work benches, ladders and job shacks; Clean-up and sweeping of jobsite; Pipe wrapping and waterproofing where tar or similar material is applied for protection of buried piping; Flag person * PLUM0036U 07/01/2002 MONTEREY AND SANTA CRUZ COUNTIES: PLUMBER & STEAMFITTER PLUM0038A 07/01/2000 SAN FRANCISCO COUNTY: PLUMBERS: Work on wooden frame structures 5 stories or less excluding high-rise buildings and ' commercial work such as hospitals, prisons, hotels and schools All other work LANDSCAPE/IRRIGATION FITTER Rates 31.59 Fringes 11.09 Rates Fringes 28.50 39.00 17.35 21.55 27.32 10.15 PLUM0159A 07/01/2002 CONTRA COSTA COUNTY: Construction of motels under 4 stories PLUMBERS & STEAMFITTERS All other work PLUMBERS & STEAMFITTERS Rates Fringes 2 7.41 35.21 9.64 14.34 PLUM0342A 07/01/2061 ALAMEDA COUNTY PLUMBERS, PIPEFITTERS AND STEAMFITTER Rates Fringes 35.76 13.44 PLUM0355D 07/01/2002 Rates Fringes ALAMEDA, CAMaVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,' MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO, http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 30 of 35 SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES: UNDERGROUND UTILITY -WORKER 23.75 5.05 PLUM0355G 07/01/2002 -. Rates Fringes ALPINE; AMADOR, BUTTE, COLUSA; EL DORADO, GLENN, LASSEN, MODOC, NAPA, NEVADA, PLACER, PLUMAS, SACRAMENTO, SHASTA, SIERRA, SISKIYOU, SOLANO, SUTTER, TEHAMA, TRINITY, YOLO, AND YUBA COUNTIES LANDSCAPE FITTER 23.75 5.05 PLUM0393A 07/01/2001 SAN BENITO AND SANTA CLARA COUNTIES: PLUMBER & PIPEFITTER: Work on motels and hotels which do not exceed 4 stories in height, excluding garages and parking areas. All other work PLUM0467A 07/01/2002 SAN MATEO COUNTY: PLUMBER, PIPEFITTER, & STEAMFITTER REFRIGERATION & AIR CONDITIONING ALL OTHER WORK Rates 20.64 41.80 10.78 Fringes 5.30 Rates Fringes 0.65 12.12 9.40 11.81 ROOF0027C 07/01/2002 Rates FRESNO, KINGS, AND MADERA COUNTIES: ROOFER 21.60 FOOTNOTE: Work with pitch, pitch base I£. pitch impregnated products or any material containing coal tar pitch, on any building old or new4l where both asphalt and pitchers are used in the application of a built-up roof or tear off: $2.00 per hour additional. ll ROOF0040B 08/01/2001 Rates SAN FRANCISCO & SAN MATEO COUNTIES: ROOFER 22.87 Fringes 7.15 Fringes 11.27 ROOF0081A 08/01/2000 ALAMEDA AND CONTRA COSTA COUNTIES: ROOFER Rates 2.80 Fringes 9.85 ROOF0081E 08/01/2001 Rates Fringes CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND http://frwebgat.../getdoc.cgi?dbnl e=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 31 of 35 TUOLUMNE COUNTIES: ROOFER 19.8 6.15 ROOF0095B 08/01/1996 MONTEREY, SAN BENITO, SANTA CLARA, ROOFERS: Kettle person (2 kettles); Bitumastic, enameler, coal tar, pitch and mastic worker All other work SFCA0483A 08/01/2001 Rates Fringes AND SANTA CRUZ COUNTIES: 26.07 24.07 ALAMEDA, CONTRA COSTA, SAN FRANCISCO, COUNTIES: 6.75 6.75 Rates Fringes SAN MATEO AND SANTA CLARA SPRINKLER FITTER (FIRE) 36.59 11.20 SFCA0669K 04/01/2002 Rates Fringes CAT,AVERAS, FRESNO, KINGS, MADERA, MARIPOSA-, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: SPRINKLER FITTER (FIRE) 29.35 6.05 SHEE0104A 07/01/2002 ALAMEDA AND CONTRA COSTA COUNTIES: Work on projects with an HVAC contract price of $270,000 equipped with packaged units or a unitary system; Also, tenant completion work extending from an existing trunk line or an existing water or air loop to registers and/or diffusers; Also, remodel or add-on contracts on existing facilities providing the contract price is $165,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also, pre-engineered and pre -manufactured siding SHEET METAL WORKER ALL OTHER WORK: SHEET METAL WORKER Rates 3 Fringes .71 13.47 37.40 13.47 SHEE0104B 07/01/2002 MONTEREY AND SAN BENITO COUNTIES: SHEET METAL WORKER Rates 31.41 Fringes 10.19 SHEE0104D 07/01/2002 http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 32 of 35 SAN MATEO COUNTY: Work with an HVAC contract price of $270,000 equipped with packaged units or a unitary system; Also, tenant completion work extending from an existing trunk line or air loop to registers and/or diffusers; Also, remodel or add-on contracts on existing facilities providing the contract price is $165,000 or - less; Also, architectural sheet metal contracts of $100,000 or less; Also, pre-engineered and pre -manufactured siding SHEET METAL WORKER ALL OTHER WORK SHEET METAL WORKER Rates 35.10 Fringes 38.55 12.12 SHEE0104E 07/01/2002 SAN FRANCISCO COUNTY: Work with an HVAC contract price of $80,000 or less; Also, tenant completion work providing the contract price is $80,000 or less; Also, remodel or add-on contracts on existing facilities providing the contract price is $50,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also, pre-engineered and pre -manufactured siding SHEET METAL WORKER ALL OTHER WORK: SHEET METAL WORKER SHEE0104G 07/01/2002 SANTA CRUZ COUNTY: SHEET METAL WORKER SHEE0104H 07/01/2002 SANTA CLARA COUNTY: Work with an HVAC contract price ' of. $270,000 equipped with packaged units or a unitary system; Also, tenant completion work extending from an existing trunk line or air loop to registers and/or diffusers; Also, remodel or add-on contracts on existing facilities providing the contract price is Rates 37.09 37.86' Fringes 11.87 13.00 'Rates Fringes 32:95 Rates 9.91 Fringes http://frwebgat.../getdoc.cgi?dbnam e=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document Retrieval Page 33 of 35 $165,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also pre-engineered and pre -manufactured siding SHEETMETAL WORKER -ALL OTHER WORK SHEET METAL WORKER 36.54 - 10.77 38.75 12.61 SHEE0104O 07/01/2002 Rates- Fringes ALAMEDA, CONTRA COSTA; MONTEREY, SAN BENITO,.SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: Metal decking and siding only: SHEETMETAL WORKER 28.17 13.59 SHEE0162A 07/01/2002 Rates - Fringes rAT,AVERAS AND SAN JOAQUIN COUNTIES: SHEET METAL WORKER 26.97 10.63 SHEE0162C 07/01/2002 ' Rates MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE 'COUNTIES: SHEET METAL WORKER (excluding metal deck and siding) 28.18 Fringes 11.93 SHEE0162D 06/01/2002" FRESNO, KINGS, AND MADERA COUNTIES: SHEET METALWORKER Rates 28.52 Fringes 12.46 SHEE0162M 07/01/1999 it Rates Fringes rAT,AVERAS, FRESNO, KINGS,- MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Metal decking and siding only: SHEET METAL WORKER TEAM0094A 07/01/2002 iC 29.42 9.52 Rates Fringes TRUCK DRIVERS: 11 ' GROUP 1 23:02 12.55 GROUP 2 23.32 12.55 GROUP 3 - 23.62 12.55 GROUP 4 23:97 12.55 GROUP 5 24.32 12.55 FOOTNOTES: Articulated dump truck; Bulk cement spreader (with or without auger);-Dumperete truck; Skid truck (debris box); Dry pre -batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck yardage rate. Heater planer; .Asphalt burner; Scarifier burner; Industrial lift truck.(mechanical tailgate); Utility and clean-up truck: Use http://frwebgat.../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 WAIS Document. Retrieval Page 35 of 35 1.) Has there been an initial decision be: in the matter? This can * an existing published wage determination * a survey underlying a wage determination - * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additionalclassification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage. and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) shouldbe followed. • With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington; D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by -a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrativ END OF GENERAL DECISION Review Board are final. http://frwebgat.,../getdoc.cgi?dbname=Davis-Bacon&docid=CA02002 9/9/02 1 I I I I i I I I I t 1 CITY OF SAN MATEO CITY PROJECT NO. 90-3135 TLC NO. MTC ID SM-03 FI13ERAL AID PROJECT NO. STPLER 5104 (024) • The special provisions contained herein have been prepared by or under the direction of the following Registered Persons. ;k: (MERE) CIVIL ENGINEER THOMAS & COMPANY ( REGISTE L CAL ENGINEER ALLIANCE ENG ERING CONSULTANTS riet)vGr,Y REGISTERED LANDSCAPE ARCHITECT SUGIMURA & ASSOCIATES No. 51415 Exp. 4-30-0civtt OF CO CONTRACT BOOK TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 CITY OF SAN MATEO, CALIFORNIA 111 CITY COUNCIL AWARD: October 2002 CONTRACT DRAWINGS NO. 21926 (50sheets) ,I TIME OF COMPLETION: 145 Working Days I L I I I I I I I CONTENTS NOTICE INVITING SEALED PROPOSALS BID PROPOSAL FORMS PROPOSAL FORM SCHEDULE OF BID ITEMS SUBCONTRACTING REQUIREMENTS AND LIST OF SUBCONTRACTORS BIDDER'S STATEMENT GUARANTY PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE PUBLIC CONTRACT CODE SECTION 10232 STATEMENT NON -COLLUSION AFFIDAVIT DEBARMENT AND SUSPENSION CERTIFICATION NON -LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS DISCLOSURE OF LOBBYING ACTIVITIES LOCAL AGENCY BIDDER DBE INFORMATION CERTIFICATE OF NON-DISCRIMINATION CERTIFICATE OF PAYMENT OF PREVAILING WAGE SCALE CERTIFICATE OF REQUIREMENT TO PAY WORKERS' COMPENSATION EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION 1 I I I I I l I I L I I I i I I I I Sections 1 Specifications and Plans 1-1.01 General 1-1.02 Definitions and Terms 2 Proposal Requirements, Conditions and Non -Discrimination Guidelines 2-1.01 General 2-1.01A Federal Lobbying Restrictions 2-1.02 Examination of the Plans, Specifications, and Site of Work 2-1.03 Employment of Apprentices 2-1.04A Non -Discrimination Policy 2-1.04B Lowest Responsible Bidder 2-1.04C Standards of Non -Discrimination 2-1.04D Certificate of Non -Discrimination 2-2.01 Disadvantaged Business Enterprise (DBE) 2-2.02 DBE Goal for this Project 3 Submission of DBE Information and Award and Execution of Contract 3-1.01 General 3-1.01A DBE Information 3-1.02 Award of Contract 3-1.03 Subcontracts 3-1.04 Changes Initiated by the Agency 3-1.05 Contract Bonds 3-1.06 Liability Insurance 3-1.07 Hold Harmless and Indemnity Provision 4 Beginning of Work, Time of Completion, and Liquidated Damages 4-1.01 General 4-1.02 Beginning of Work 4-1.03 Construction or Fabrication and Delivery Schedule 4-1.04 Delays and Extensions of Time 4-1.05 Pre -Construction Conference 4-1.06 Time of Completion 4-1.07 Liquidated Damages 4-1.08 Location of Utilities 4-1.09 Traffic and Access 4-2.01 Substantial Completion of Work 4-2.02 Acceptance of Contract 5 General 5-1 Miscellaneous 5-1.01 Encroachment Permit 5-1.02 Prevailing Wage and Weekly Certified Payroll Submission 5-1.03 Hours of Labor 5-1.04 Labor Nondiscrimination 5-1.05 Certificate of Compliance 5-1.06 Removal of Asbestos and Hazardous Substances 5-1.07 San Mateo Business License Guidelines 5-1.08 Notice of Potential Claim 5-I.09 Attorney Fees 5-1.10 Payment 5-1.1OA General Q:\pw\PWENG41_CONTRS120021TLC Contract\Sectionl-5pec3.doc 2 8/22/02 5-1.10B Ten Percent (10%) Retention 5-1.10C Partial and Final Payments 5-1.10D Prompt Progress Payment to Subcontractors 5-1.10E Prompt Payment of Withheld Funds to Subcontractors 5-1.11 Mediation 5-1.12 Arbitration 5-1.13 Mobilization 5-1.14 Subcontractor and DBE Records 5-1.15 DBE Certification Status 5-1.16 Performance of DBE Subcontractors and Suppliers 5-1.17 Subcontracting 5-2 Control of Work 5-2.01 Surveying 5-2.02 Measurements and Quantities 5-2.03 Cooperation and Collateral Work 5-2.04 Protection and Restoration of Existing Improvements 5-2.05 Record of Existing Traffic Control and Temporary Markers Water Pollution 8 Materials 8-1 Buy America Requirements 8-2 State Furnished materials 8-3 Recycling Requirements 9 Description of Work 10 Construction Details 10-01.01 Dust Control 10-01.02 Mobilization 10-01.03 Prequalified and Tested Signing and Delineation Materials 10-01.04 Construction Area Signs 10-01.05 Maintaining Traffic 10-01.06 Traffic Control System 10-01.07 Existing Highway Facilities 10-01.08 Relocate Roadside Sign 10-01.09 Salvage Roadside Sign 10-01.10 Cold Plane Asphalt Concrete Pavement 10-01.11 Remove Inlets 10-01.12 Remove Concrete 10-01.13 Remove Storm Drain Pipe 10-01.14 Adjust Miscellaneous Utility Frames and Covers to Grade 10-01.15 Cleating and Grubbing 10-01.16 Watering 10-01.17 Earthwork 10-01.18 Aggregate Base 10-01.19 Asphalt Concrete 10-01.20 Portland Cement Concrete Pavement 10-01.21 Reinforcement 10-01.22 Roadside Signs 10-01.23 HDPE Plastic Storm Drain Pipe 10-01.24 Storm Drain Inlets 10-01.25 Storm Drain Manhole 10-01.26 Miscellaneous Concrete Construction (Minor Concrete) 10-01.27 Unit Brick Pavers I Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\Sectionl-Spec3.doc 3 8/22/02 10-01.28 Pavement Delineation 10-01.29 Control Access Gate 10-01.30 Ornamental Tree Grate 10-01.31 Decorative Steel Bollard 10-01.32 Trash Receptacle 10-01.33 Recycle Bin 10-01.34 Bench 10-01.35 Planter 10-01.36 Bike Rack 10-01.37 TLC Plaque 10-01.38 Vine Trellis Structure 10-2.01 Irrigation Systems 10-02.02 Landscape Planting 10-02.03 Landscape and Irrigation Maintenance 10-3.00 Signals, Lighting and Electrical Systems I I 1 I I I I I I 13 Relations with the Railroad 14 Federal Requirements 14.1 Federal Requirements Training Special Provisions APPENDIX I APPENDIX II APPENDIX III APPENDIX IV APPENDIX V APPENDIX VI AGREEMENT FOR PUBLIC IMPROVEMENT CITY STANDARD DRAWINGS: NOT USED STATE STANDARD PLANS: NOT USED FEDERAL MINIMUM WAGES DEPARTMENT OF LABOR DIVERSION SUMMARY FORM SAMPLE NOTICE LETTER Q:\pw\PWENG\A_CONTRS12002\TLC Contract\Sectitii bSpec3.doc 4 8/22/02 NOTICE INVITING SEALED PROPOSALS I 1 TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 CITY OF SAN MATEO, CALIFORNIA 1. Sealed bids will be received by the City Council of the City of San Mateo, California, for improvements to Main Street, Railroad; First, Second, Third Avenues and other work as shown on the Contract Drawings No. 21926 and as described in this Contract Book and the State of California, Department of Transportation Standard Specifications and Standard Plans dated July 1992. The work described requires that the bidder be licensed by the State of California as a Class A. 2. The Contract Book, plans, and proposal forms are available at the Public Works Deparhnent, City Hall, 330 West 20th Avenue, San Mateo, California. A non-refundable fee of $50.00 per set is required if picked up or $60.00 for each set if mailed. Any questions regarding the contract documents should be directed to Harry R. Hecht at 650/522 7300, or in writing at the above address . 3. The estimated construction cost of this project is $2,000,000. This estimate is not based on a "contractor's cost take off' I of the project, but is derived from an averaging of costs for work on similar projects in the area of which the City is aware. This figure is given to indicate the relative order of magnitude of this project and is not intended to influence or I affect in any way the amount bid for this project. 4 This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990. I 5. All bids shall be accompanied by a bid bond, cashier's check, or certified check made payable to the City of San Mateo in an amount not less than ten percent (10%) of the aggregate amount of the bid. I 6. Contractor is notified that he shall comply with the requirements for Non -Discrimination as set forth in Section 2, "Proposal Requirements, Conditions, and Non -Discrimination Guidelines," in the Special Provisions. 1 7. Addenda issued during the time of bidding shall become a part of the documents furnished bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific I acknowledgement in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions. It is the responsibility of the contractor to I contact the City to determine the existence of any and all addenda. 8. The time of completion for this contract shall be 145 working days, beginning from the date specified in the Notice to Proceed. I9. This project has a goal of 2.9 percent (minimum) disadvantaged business enterprise (DBE) participation. I 10. The City will ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. 1 11. This project is subject to the "Buy America" provisions of the Surface Transportation Assistance Act of 1982 as amended by the Intermodal Surface Transportation Efficiency Act of 1991. I 12. The right is reserved, as the interest of the City may require, to reject any or all bids, to waive any informality in bids, and to accept, modify, or reject any items of the bid, or in the case of a single bid being received to extend the acceptance date by up to thirty (30) days with notice. The City of San Mateo is a charter City and any contract entered Q:\pw\PWE G\A_CONTRS\2002\ TLC Contract\Sectionl-Sped 5 8/22/02 I into is subject to the provisions of the City of San Mateo Charter, which may supersede certain provisions of the ,i public Contract Code and other provision of state law. I I I I I 1'. I I I II I I I I 13. In general, the prevailing wage scale, as determined by the Director of Industrial Relations of the State of California, in force on the day this bid was announced or determined by the administrator of the Wage and Hour Division, U.S. Department of Labor, in force on the day bids are opened, which ever is higher, will be the minimum paid to all craftsmen and laborers working on this project. In some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the expiration date in effect on the date of advertisement for bids. In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project. Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed after this date have been predetermined. If work is extended past this date, the new rate must be paid and should be incorporated in contracts the Contractor enters into. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. The wages as set forth in the General Prevailing Wage Rates for this project will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office for the convenience of bidders. The State Prevailing Wage Rates may also be obtained from the California Department of Industrial Relations Internet web site at http://www.dir.ca.gov. Any errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. The Federal minimum wage rates for this project as predetermined by the United Sates Secretary of Labor are set forth in Appendix IV. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of"Proposal and Contract" books. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. Attention is directed to the Federal minimum wage rate requirements in the books entitled "Proposal and Contract." If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and Subcontractor shall not pay less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do no contain the State wage rate determination otherwise available to use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. The U.S. Department of Transportation (DOT) provides a toll -free "hotline" service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m., eastern time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report these activities. The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. 14. Said sealed proposals shall be delivered to the City Clerk, City Hall, 330 West 20th Avenue, San Mateo, California 94403, at or before 2:00 p.m., September 17, 2002, and they shall be opened and read by a City Representative at said date and time at a public meeting called by him. 15. Said City Representative shall report the results of the bidding to the City Council at a later date, at which time the City Council may award the contract to the lowest responsible bidder as so reported; or as the City's interest may dictate, City Council may exercise its right to modify the award or to reject any or all bids. Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\Sectionl-Spec3.doc 6 8/22/02 I I I I I I I I 1 1 I I I 16. To ensure performance, City reserves the right to retain ten percent (10%) of the contract price for 35 days after the Notice of Completion is recorded. However, pursuant to the Public Contracts Code Section 22300, the Contractor may substitute securities for said ten percent (10%) retention or request that the City make payments of retention earned directly to an escrow agent at the Contractor's expense. The provisions of the Public Contracts Code Section 22300 are hereby expressly made a part of the contract. Dated: August 24, 2002 /s/Sue Lempert, MAYOR Q:\pw\PW ENG\A_CONTRS\2002\TLC Contract \Seaionl-Spec3.doc 7 8/22/02 I PROPOSAL FORM (Entire proposal to be submitted as sealed bid.) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 I TO THE HONORABLE CITY COUNCIL 11 CITY OF SAN MATEO, CALIFORNIA DEAR COUNCIL MEMBERS: FOR THE TOTAL SUM OF (use figures only) computed from the unit and/or lump sum prices shown on the attached schedule of bid items, the undersigned hereby proposes and agrees that if this proposal is accepted he will contract with the City of San Mateo, California, to furnish all labor, materials, tools, equipment, transportation, and all incidental work and services required to complete all items of work shown in the contract documents. All work shall conform to the lines, grades, and dimensions shownon said drawings and shall be done in accordance with this Contract Book and the State of California Department of Transportation Standard Specifications and State Standard Plans dated July 1992. The work for which this proposal is submitted is for construction in conformance with the special provisions (including the • payment of not less than the State general prevailing wage rates or Federal minimum wage rates, whichever is higher, the project plans described below, including the addenda thereto, the contract annexed hereto, and also in conformance with the California Department of Transportation Standard Plans dated July 1992, the Standard Specifications dated July 1992 and the Labor is Surcharge and Equipment Rental rates in effect on the date the work is accomplished. This proposal is also subject to the terms and conditions of the attached LIST OF SUBCONTRACTORS and BIDDER'S STATEMENT. ADDENDA — This proposal is submitted with respect to the changes to the contract included in the addenda number/s By my signature on this proposal I certify, under penalty of perjury under the laws of State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify under penalty of perjury under the laws of State of California and United States of America, that Non Collusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct. The work shall be paid for at the unit and/or lump sum prices shown on the attached SCHEDULE OF BID I I EMS. Contractor's Signature Date Name of Company Phone Number ( ) Fax Number Q:1pw1PWENGW_CONTRS\20021TLC Contract\Sectionl-Sl;ec3.doc 8 8/22/02 1 1 1 I i 1 I I i I I I I Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor often, one hundred, etc., or one -tenth, or one -hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentagewise the unit price or item total in the City of San Mateo's Final Estimate of cost. If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided. Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail. The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the City of San Mateo, and that discretion will be exercised in the manner deemed by the City of San Mateo to best protect the public interest in the prompt and economical completion of the work. The decision of the City of San Mateo respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the City Of San Mateo, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the City of San Mateo that the contract has been awarded, the City of San Mateo may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the City of San Mateo. By my signature on this proposal, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the City of San Mateo, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the following prices, as shown on the schedule of bid items. I Q:1pw\PWENGW CONTRS\2002\TLC Contract \ Sectionl-Spec3.doc 9 8/22/02 I I SCHEDULE OF BID ITEMS (To be submitted with Proposal Form) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 Item No. Description of Work UNIT EST. QTY UNIT PRICE TOTAL COST 1 Progress Schedule (critical path) LS 1 2 Construction Area Signs LS 1 3 Traffic Control System LS 1 4 Signs (Relocate, replace, new) LS 1 5 Cold Plane Asphalt Concrete Pavement (0.13) SY 5,070 6 Remove Inlet EA 8 7 Remove Concrete (sidewalk, driveway, median) SF 8,800 8 Remove Concrete (curb & gutter) LF 1,750 9 Remove Storm Drain Pipe LF 55 10 Adjust Sewer Manhole (to grade) EA 4 11 Adjust Miscellaneous Utility Frame & Cover (to grade) EA 16 12 Adjust Valve Cover (to grade) EA 19 13 Adjust Fire Hydrant (to grade) EA 5 14 Relocate Parking Meter EA 3 15 Clearing and Grubbing LS 1 16 Develop Water Supply LS 1 17 Roadway Excavation CY 1,750 18 Aggregate Base (Class 2) TON 1,780 19 Asphalt Concrete (Type B) TON 202 20 Asphalt Concrete Overlay TON 450 21 Portland Cement Concrete SF 18,500 22 6" HDPE Storm Drain Pipe LF 50 23 8" HDPE Storm Drain Pipe LF 80 24 12" HDPE Storm Drain Pipe LF 35 25 15" HDPE Storm Drain Pipe LF 1,270 26 Storm Drain Inlet(Type SG) EA 17 27 Storm Drain Manhole EA 6 28 Concrete Curb and Gutter (Type A) LF 1.410 29 Concrete Gutter Type C LF 940 30 Concrete Sidewalk and Curb Ramp SF 7,000 31 Concrete Driveway SF 1,320 32 Concrete Valley Gutter SF 660 33 Unit Brick Paver w/3 %2" Concrete Slab SF 7,490 U Q: 1pw\PWENG\A_CONTRS\2002\TLC Contract\Sectionl-Spec3.doc 10 8/22/02 34 Unit Brick Paver w/8" Concrete Slab SF 7,970 I 1 1 144 35 Pavement Delineation LS 1 36 Control Access Gate EA 4 37 Exit Ramp w/Concrete Steps and Railing 38 Tree Grate Square EA 28 39 Circular Tree Grate (Uplight and Tree Guard) EA 32 40 Steel Bollard EA 8 41 Decorative Steel Bollard EA 59 42 Trash Receptacle EA 21 43 Recycle Bin EA 21 Bench EA 16 45 Planter EA 16 46 Bike Rack EA 16 47 TLC Plaque EA 1 48 Vine Trellis Structure EA 16 49 Landscaping LS 1 50 Irrigation System LS 1 51 Lighting (First Avenue) LS 1 52 Lighting (Second Avenue) LS 1 53 Lighting (Third Avenue) LS 1 54 Lighting (South Railroad Avenue) LS 1 55 Lighting (Main Street) LS 1 56 Lighting — Access Gate (Location 1) LS 1 57 Lighting - Access Gate (Location 2) LS 1 58 Lighting - Access Gate (Location 3) LS 1 59 Lighting - Access Gate (Location 4) LS 1 60 Tivoli Lights (40 foot Stands) EA 13 61 Pedestrian Safety System LS 1 62 PG&E Transformer Vault & Conduit LS 1 63 Construction Staking LS 1 64 Mobilization LS 1 TOTAL BID 1 t r I Q:\pw1PWENGW_CONf RS120021TLC Contract\Section I-Spec3.doc II 8/22/02 i I I I I I I I 1 I I 5 I I I SUBCONTRACTING REOUIREMENTS AND LIST OF SUBCONTRACTORS (To be submitted with Proposal Form) 1RANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 Each bidder acknowledges it is aware and familiar with the requirements related to subletting and subcontracting set forth in Section 2-1.054 and 8-1.01 of the State Standard Specifications, and in the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code of the State of California. These requirements include a provision that the Contractor shall perform, with its own organization, contract work amounting to at least 50 percent of the contract price. (Note: Also see 5-1.16 Subcontracting) Each bidder in submitting his bid for the doing of the work or improvement shall in his bid or offer, in accordance with the provisions of Section 4104 of the Public Contract Code of the State of California, set forth the following: I . Name and address of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or the improvement in an amount in excess of one-half (1/2) of one percent (1%) of the general contractor's total bid or $10,000, whichever is greater. 2. The specific work and dollar amount of work which will be done by each subcontractor. 3. If no portion of the work is to be subcontracted as provided in item 1, insert the word "none" in the space provided and sign below. 4. On projects with DBE goals, the subcontractor listing requirement, set forth herein on this "title," is in addition to the DBE subcontractor listing required by the second Friday after the bid opening: Bidder DBE Information. The two listings must be consistent when the subcontracting amount meets the appropriate dollar amount thresholds. NAME ADDRESS SPECIFIC WORK DOLLAR AMOUNT $ $ $ $ Contractor's Signature Q:\pw\PWENGIA_CONTRS120021TLC Contract 'Sectionl Spec3aoc 12 8/22/02 I BIDDER'S STATEMENT I SHEET 1 OF 3 (To be submitted with Proposal Form) I TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 I The undersigned has carefully read the STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Standard Specifications, 1992 Edition, and realizes that any variation or deviation from these specifications, requirements and conditions shall be sufficient grounds for rejection of all or any part of the work performed. Such rejected work shall be replaced entirely 1 at the Contractor's expense, and failure to do so within a reasonable length of time shall be sufficient reason for the withholding of payment for any part of or all of the work and forfeiture of the Contractor's bond. I The undersigned Contractor's license number and class is Class ( ), and the expirationdate is . Contractor may leave above blank, but information must be provided prior to the time of award. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract as I provided in Section 10181 of the Public Contract Code and shall result in the forfeiture of the security of the bidder. Pursuant to Business and Professions Code Section 7028.15 I, declare under penalty of perjury that the foregoing and the statements contained in the bid for the above titled project are true and correct and that this declaration is made on this _ day of , 200 , at , California. The undersigned understands he must meet the requirements of Section 2, "PROPOSAL REQUIREMENTS, CONDITIONS. IAND NON-DISCRIMINATION GUIDELINES," of these Special Provisions prior to award of contract and conform to those guidelines throughout the duration of the contract. IThe undersigned understands that this project is subject to the "Buy America" provisions of the Surface Transportation Assistance Act of 1982 (see section 8.1 of the special provisions). ' It is understood that the quantities set forth herein are approximate only and are to be used only for the comparison of bids and the guidance of the bidder. IIf awarded the contract, the undersigned hereby agrees to sign and file an agreement, attached as Appendix I, together with the necessary bonds, certificate(s) of insurance, related endorsements for general and automobile liability insurance, and proof of a San Mateo Business License in the office of the City Clerk within eight (8) days, not including Saturdays, Sundays and legal V holidays, after the bidder has received notice from the City of San Mateo that the contract has been awarded and to commence work within five (5) days of the date specified in the notice to proceed, and to complete the work under said contract within the specified number of working days beginning from the date specified in the notice to proceed. Further, the undersigned agrees to insure that all subcontractors obtain a San Mateo Business License in accordance with Section 5-1.05 of the Special Provisions, SAN MATEO BUSINESS LICENSE GUIDELINES. Contractor and all subcontractors also agree to keep the Business License current for the entire term of the contract. I I Q:\pwWWENG\A_CONTRS\20021TLC ContrachSecfionl-Spec3.doc 13 8/22/02 I I I I I r I I I I I I I I I I I BIDDER'S STATEMENT (con't) SHEET 2 OF 3 (To be submitted with Proposal Form) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 The undersigned has checked carefully all the figures listed in the Schedule of Bid Items and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Enclosed find bond or certified check or cashier's check No. of the Bank for Not less than ten (10) percent of this bid payable to the City of San Mateo, California, and which is given as a guarantee that the undersigned will enter into the contract if awarded to the undersigned. The undersigned agrees that this bid may not be withdrawn for a period of forty-five (45) days after the date set for the opening thereof. NOTE: IF THE PROPOSAL IS MADE BY AN INDIVIDUAL, HIS NAME AND POST OFFICE ADDRESS MUST BE SHOWN. IF THE PROPOSAL IS MADE BY A PARTNERSHIP, THE NAME AND ADDRESS OF EACH MEMBER OF THE FIRM OR PARTNERSHIP MUST BE SHOWN (if more than two members of a firm or partnership, please attach an additional page; OR IF MADE BY A CORPORATION, THE PROPOSAL SHALL SHOW THE NAME OF THE STATE UNDER THE LAWS OF WHICH THE CORPORATION WAS CHARTERED AND THE NAMES, TITLES AND BUSINESS ADDRESSES OF THE PRESIDENT, SECRETARY AND TREASURER OF SAID CORPORATION. Q:\pw\PWENGW_CONTRS\2002\TLC Contract\SectionlSpec3.doc 14 8/22/02 I 1 1 I I I I I I I 1 BIDDER'S STATEMENT (con't) SHEET 3 OF 3 (To be submitted with Proposal Form) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 SIGNATURES FOR BIDDER: If INDIVIDUAL, sign below: Signature Date Print name Post Office Address If PARTNERSHIP, sign below (show names of non - signing partners): Signature Date Name of Partner Post Office Address Signature Date Name of Partner Post Office Address (if different) If CORPORATION, sign below (show names of non -signing officers): a CORPORATION Name of State Where Chartered Signature Date Print name of person signing bid Title List names of the following officers: PRESIDENT SECRETARY TREASURER Post Office Address City State Zip Business Street Address (please include even if P.O. Box is used) City State Zip Q:\pwWWENGW_CONTRS\2002\TLC Contract \Sectionl-Spec3.doe 15 8/22/02 I I i I I I I 1 I i I I I I GUARANTY (To be submitted with Proposal Form) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 To the City of San Mateo: FOR CONSTRUCTION OF (insert ) The undersigned guarantees the construction and installation of the following work included in this project: (insert additional information) Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within six months after the date on which this contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacement or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by the undersigned. In the event City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed with reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all costs and expenses; including attorneys' fees, reasonably incurred by reason of the said failure or refusal. Contractor Date Q:\pw\PWENGA_CONfRS\2002\TLC Contract4Sectionl-Spec3.doc 16 8/22/02 i I I I I I I r 1 I I I I PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT (To be submitted with Proposal Form) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), bidder hereby declares under penalty of perjury that the bidder: ❑ has ❑ has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 110, including the Regents of the University of California or the Trustees of the California State University. The teen "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check before "has" or "has not" in one of the boxes provided. The above statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Q:\pw\P W ENGW_CONTRSC002\TLC Contract\Section l-Spec3.doc 17 8/22/02 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE (To be submitted with Proposal Form) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 In accordance with Public Contract Code Section 10162, the bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of violation of law or safety regulation? 0 Yes ❑ No 1 If the answer is yes, explain the circumstances in the following space: 1 1 1 I i I I 1 1 Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\SectionlSpec3.doc 18 8/22/02 1 1 I 1 1 1 i 1 i 1 1 it 1 i 1 I 1 PUBLIC CONTRACT CODE SECTION 10232 STATEMENT (To be submitted with Proposal Form) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of the National Labor Relations Board. The above statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. ® Q:\pw\PWENGW_CONTRS\2002\TLC ContractSectionl-Spec3.doc 19 8/22/02 1 1 I 1 I 1 1 1 I 1 i 1 1 r 0 I I 1 1 NON -COLLUSION AFFIDAVIT TITLE 23, UNITED STATES CODE, SECTION 112 (To be submitted with Proposal Form) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 In accordance with Title 23, United States Code, Section 112 and Public Contact Code 7106, the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Statement, Questionnaire, and Non -Collusion Affidavit are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement, Questionnaire, Non -Collusion Affidavit. Bidders are cautioned that making false certification may subject the certifier to criminal prosecution. QApwWWENG\A_CONTRS120021TLC ContracttSection3Spec3.doc 20 8/22/02 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 (To be submitted with Proposal Form) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer manager: 1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; 2. Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; 3. Does not have a proposed debarment pending; and 4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space: Exceptions will not necessarily result in denial of award, but will be considered in de ermining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this certification. Q:\pw\PWENGW_CONTRS\2002\TLC Contract\Sectionl-Spec3.doc 21 8/22/02 1 I I 1 I I I I I NON -LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS (To be submitted with Proposal Form) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Q:\pw\PW ENG\A_CONTRS\2002\TLC ConttactSectionl-Specidoc 22 8/22/02 1 1 1 t 1 I 1 i 1 1 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 1. Type of federal action: ❑ a. Contract b. Grant c. Cooperative agreement d. Loan e. Loan guarantee f Loan insurance 2. Status of federal action: 0 a. Bid/offer/application b. Initial award c. Post -award 3. Report type: ❑ a. Initial b. Material change For material change only: year quarter date of last report 4. Name and address of reporting entity: ❑ Prime ❑ Subawardee Tier , if known 5. If reporting entity in #4 is Subawardee, enter name and address of prime: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal program name/description: CFDA number, if applicable: 8. Federal Action Number, if known: 9. Award amount, if known: $ 10. a. Name and address of lobbying entity (if individual, last name, first name, MI): (attach Continuation Sheet(s), if necessary) b. Individuals performing services (including address if different from #10a) (last name, first name, MI): (attach Continuation Sheet(s), if necessary) 11. Amount of payment (check all that apply): $ ❑ actual ❑ planned 13. Type of payment (check all that apply): ❑ a. retainer ❑ b. one-time fee ❑ c. commission ❑ d. contingent fee ❑ e. deferred ❑ f. other; specify: 12. Form of payment (check all that ❑ a cash ❑ b. in -kind; specify: nature apply): value 14. Brief description of services performed or to be performed and date(s) of service, including officer(s), employee(s), or member(s) contacted, for payment indicated in item #11: (attach Continuation Sheet(s), if necessary) 15. Continuation Sheet(s) attached: ❑ Yes ❑ No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: Print Name: Title: Phone No: Date: Federal Use Only:Authorized for Local Reproduction/Standard Form-LLL I Q:\pw\PWENGW_CGNTRS\2002\TLC ContractVSection4Spec3.dac 23 8/22/02 1 I 1 1 I I i 1 INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to Title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by a Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10(a). Enter the last name, first name, and middle initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind request. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of Q:\pw\PWENG\A_CONCRS\2002\TLC Comract\SectionlSpec3.doc 24 8/22/02 1 1 I 1 I I I 1 information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. Q:\pw\PWENGW CONTRS\2002\TLC Contract \Se tionl-Spec3.doc 25 8/22/02 LOCAL AGENCY BIDDER - DBE - INFORMATION 1 I 1 1 1 1 1 This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in Section 3-1.O1A of the Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive. CO: RTE: K.P.: CONTRACT NO.: BID AMOUNT: $ BID OPENING DATE: BIDDER'S NAME: BIDDER'S ADDRESS: DBE GOAL FROM CONTRACT: DBE PRIME CONTRACTOR CERTIFICATION CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED r DBE CERT. NO. NAME OF DBEs (Must be certified on the date bids are opened - include DBE address and phone number) DOLLAR AMOUNT DBE' IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Copies of the DBE quotes are required. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above shall be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid pursuant to the Subcontractors Listing Law and Section 2-1.01, "General," of the Special Provisions. 1. DBE prime contractors shall enter their DBE certification number. DBE prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces. 2. If 100% of item is not to be performed or furnished by DBE, describe exact portion of item to be performed or furnished by DBE. 3. See Section 2-2.01, "Disadvantaged Business Enterprise," to determine the credit allowed for DBE fines. Total Claimed Participation $ % Signature of Bidder Date (Area Code) Tel. No. Person to Contact (Please Type or Print) er- DBE-Iafonoation (Rev 09-. Q:\pw\PWENG\A_CONTRS\2002111.0 Contract\SectionlSpec3.doc 26 8/22/02 1 1 11 1 1 1 1 1 1 DBE INFORMATION -GOOD FAITH EFFORTS The City of San Mateo established a Disadvantaged Business Enterprise (DBE) goal of % for this project. The information provided herein shows that adequate good faith efforts were made. A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Inital Solicitation Follow Up Methods and Dates C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Breakdown of Items D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, and the firms selected for that work (please attach copies of quotes from the firms involved): Q:1pw1P W ENGW_CONIRS120021TLC Contract\Section l-5 pec3.doc 27 8/22/02 i I I I I I I I F I I V I I I I I Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.). Name of Method/Date of Results Agency/Organization Contact H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): Q:\pw\P W ENG\A_CONTRS\2002\TLC Contract\Sudon 1-Spec3.doc 28 8/22/02 I I,. I I V I I I I I I If I CERTIFICATE OF NON-DISCRIMINATION (To be submitted with Proposal Form) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER•5102(024) CITY PROJECT NO. 09-90-31.35 On behalf of the bidder making this proposal, the undersigned certifies that there will be no discrimination in employment with regard to race, color, religion, sex, disability, or national origin; that all federal, state, local directives, and executive orders regarding non-discrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively. BIDDER By: (Name and Title of Person Making Certification) Date Q:\pw\PWENO\A_CONTRS\2002\TLC Contract\Sectionl-Spec3.doc 29 8/22/02 CERTIFICATE OF PAYMENT OF PREVAILING WAGE SCALE (To be submitted with Proposal Form) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 On behalf of the bidder, the undersigned certifies that the Prevailing Wage Scale, as determined by the Director of Industrial Relations of the State of California or as determined by the Administrator of the Wage and Hour Division, U.S. Department of Labor, in force on the day this bid was opened, whichever is higher, will be the minimum paid to all craftsmen and laborers working on this project. In some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the expiration date. In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project. Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed after this date have been predetermined. If work is extended past this date; the new rate must be paid and should be incorporated in contracts the Contractor enters into. Any contractor awarded a public works project who intends to use a craft or classification not shown on the general prevailing wage determinations will be required to pay the wage rate of that craft or classification most closely related to it as shown in the general determinations effective at the time the bids are opened. Attention is directed to Section 14, Federal Requirements for Federal -Aid Construction Project. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office for the convenience of bidders. Any errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in Appendix IV. The undersigned understands that weekly certified payrolls must be submitted for verification. BIDDER By: 1 Name and title of person making certification Date I I Q:\pw\PWENG\A CONTRS\2002\TLC Contract\Sectionl-Spec3.doc 30 8/22/02 Questions shall be addressed to: Department of Labor Relations Division of Labor Statistics and Research Prevailing Wage Unit 45 Fremont Street, Suite 1160 P.O. Box 42063 San Francisco, CA 94142-0603 Questions regarding Federal Labor Standards shall be addressed to: Branch of Construction Wage Determination Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 I Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\Sectionl-Spec3.doc 31 8/22/02 CERTIFICATE OF REQUIREMENT TO PAY WORKERS' COMPENSATION (To be submitted with Proposal Form) TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. is BIDDER it By: (Name and title of person making certification) Date I I I I L I I 1 Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\Sectionl-Spec3.doc 32 8/22/02 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder , proposed subcontractor , hereby certifies that he has has not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925; 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) I I Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Q:\pw\P W ENG'.A_CONTRS\2002\TLC Contract\Section l-Spec3.doc 33 6/22/02 SPECIAL PROVISIONS TRANSPORTATION FOR LIVABLE STREETSCAPE PROJECT: MAIN STREET; 1ST; 2ND; 3RD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO.09-90-3135 CITY OF SAN MATEO DEPARTMENT OF PUBLIC WORKS STATE OF CALIFORNIA SECTION 1. SPECIFICATIONS AND PLANS 1-1.01 GENERAL. The work embraced herein shall be done in accordance with the State of California Department of Transportation Standard Specifications, 1992 Edition (hereinafter referred to as the Standard Specifications); the State of California Department of Transportation Standard Plans, 1992 Edition; and according to these Special Provisions. The bidder's attention is directed to the provisions in Section 1, "Definitions and Terms," of the Standard Specifications and these Special Provisions for the requirements and conditions which must be observed in the preparation of the proposal form and the submission of a bid. Project contract drawings shall govern in lieu of conflicting provisions of the Standard Plans; Standard Plans and project contract drawings shall govern in lieu of conflicting provisions of the Standard Specifications; the Special Provisions shall govern in lieu of conflicting provisions of both the Standard Specifications and the Standard Plans, but shall in no way nullify non - conflicting portions of the Standard Specifications. 1-1.02 DEFINITIONS AND TERMS. Wherever in the Standard Specifications, special provisions or contract documents, unless the context otherwise requires, the following terms shall have the following meaning: Department of Transportation. The City of San Mateo, State of California. Director of Transportation. The City Council of the City of San Mateo, State of California. Agency, Architect, Authorized Representative, City, City Representative, Construction Manager, City Engineer, Geotechnical Engineer. Resident Engineer, Project Architect, Soil Engineer Shoring Engineer, Owner, or Owners Representative. The Director of Public Works of the City of San Mateo, Stateof California, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Contractor, General Contractor, Electrical Contractor, or Construction Site Manager. The Contractor acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory. The established laboratory of the Materials and Research Section of the Department of the Transportation of the State of California or laboratories authorized by the Engineer to test materials and work involved in the contract. State. The City of San Mateo Transportation Buildinz, Sacramento. City Hall, City of San Mateo, State of California. State Highway Engineer. The Director of Public Works of the City of San Mateo, State of Q:\pw\PWENG\A_CONTRS\2002\Tt.0 Contract\Section2 Revised.doc 34 822/02 California. Standard Specifications. Means the 1992 edition of the Standard Specifications of the State of California, Department of Transportation. Any reference therein to the State of California or State agency, office or officer shall be interpreted to refer to the City or its corresponding agency, office or officer acting under this contract. Work. All the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written order of the Engineer. If no standard plan is listed for a detail needed to complete the required work; Department of Transportation standard plans will be used. I I I 1 I I Q:\pw\PWENGIA_CONrRS\2002\TLC Contrail\Section2 Revised.doc 35 8/22/02 1 1 I I SECTION 2. PROPOSAL REQUIREMENTS, CONDITIONS AND NON-DISCRIMINATION GUIDELINES 2-1.01 GENERAL. The bidder's attention is directed to the provisions in Section Z "Proposal Requirements and Conditions," of the Standard Specifications and these Special Provisions for the requirements and conditions which must be observed in the preparation of the proposal form and the submission of a bid. In addition to the subcontractors required to be listed in conformance with Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications, each proposal shall have listed therein the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. 2-1.01A FEDERAL LOBBYING RESTRICTIONS. Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal -aid contractor to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the samepurposes in connection with this Federal -aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form -LLL, "Disclosure of Lobbying Activities", with instructions for completion of the Standard Form is also included in the Proposal, Signing the Proposal shall constitute signature of the Certification. The above -referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: 1. A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or 2. A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or 3. A change in the officer(s), employee(s), or member(s) contacted to influence or attempt to influence a covered Federal action. Q:\pw\PWENG\A_CONTRS\2002\TLC Contracl\Section2 Revised doc 36 8/22/02 I I l 1' I 1 1 • r 1 I I I 2-1.02 EXAMINATION OF PLANS. SPECIFICATIONS, AND SITE OF WORK. The bidder shall examine carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantity of materials to be furnished and as to the requirements of the proposal, plans, specifications and contracts. The bidder represents that he or she is fully qualified to perform this examination and review. If the bidder determines that any portion of the site or the plans and specifications present any interpretation problems of any kind, the bidder shall note such a determination upon this proposal form and attach any additional information necessary to state the basis of the bid. Failure to note any such determination shall be conclusive. evidence of acceptance by the bidder of the sufficiency of the plans and specifications. 2-1.03 EMPLOYMENT OF APPRENTICES. Contractor shall be responsible for compliance with California Labor Code Section 1777.5 relating to employment of apprentices for all apprenticeable occupations when the contract amount exceeds $30,000 or 20 working days or both. 2-1.04A NON-DISCRIMINATION POLICY. It is the policy of the City of San Mateo that all qualified persons are to be afforded equal opportunities of employment on any public works contract entered into with the City. The bidder's attention is further directed to the following Notice that is required by Chapter 5 of Division 4 of Tide 2, California Code of Regulations. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.01A(4), "Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. 2-1.04B LOWEST RESPONSIBLE BIDDER. In order to promote the policy declared above, contracts for public works will be awarded only to such bidders as are determined to meet the following qualifications of lowest responsible bidder. The lowest responsible bidder shall be the bidder who offers to perform the work involved according to the plans and specifications therefore for the least amount of money; provided the bidder has the ability, capacity and, when necessary, the required State or other license and that he and his subcontractors have undertaken an affirmative action program to promote the full realization of equal employment opportunities meeting the minimum requirements set forth herein. Any subcontractor failing to comply herewith shall be deemed unqualified and shall be substituted. In determining to whom the award is to be made, the awarding authority may consider, in addition to the bid or quotation received, the experience of the bidder for the particular service sought, the quality of work that the bidder has done, the quality of the product or materials provided by the bidder, the ability of the bidder to complete the project in a timely manner, the safety compliance record of the bidder, and the insurance carried by the bidder. 2-1.04C STANDARDS OF NON-DISCRIMINATION Q:\pw\P W ENG\A_CONTRS\2002\TLC Contract\Section2 Rev i sed.doc 37 8/22/02 A.The successful bidder and each subcontractor shall undertake affirmative action to ensure that applicants and employees are treated fairly such that the principles of equal opportunity in employment are demonstrated positively and aggressively during employment, without regard to race, color, religion, sex, disability, or national origin. I 1 I I I I I I I I 1 I I I B.In all advertisements for labor or other personnel or requests for employees of any nature, the successful bidder and each subcontractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability, or national origin. 2-1.04D CERTIFICATE OF NON-DISCRIMINATION. Each bidder on any public works contract shall sign the certification of nondiscrimination, which is a part of the proposal form. Each subcontractor shall, prior to entering into a contract with any successful bidder, execute and file with the City a certificate of non-discrimination. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. Please provide copies of all notices sent to the City (see Appendix VI Sample Letter). 2-2.01 DISADVANTAGED BUSINESS ENTERPRISE (DBE). This project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprise in Department of Transportation Financial Assistance Programs". The Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged Business (DBE) program developed pursuant to the Regulations; particular attention is directed to the following matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of US Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material of supplies, or as a trucking company; C. A DBE bidder, not bidding as a joint venture with a non -DBE, will be required to document one or a combination of the following: 1. The bidder will meet the goal by performing work with its own forces. 2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 3. The Bidder, prior to bidding, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work, or portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture. The DBE joint venturer must submit the joint venture agreement with the proposal or the DBE information form required in the Section entitled "Submission of DBE information and Award and Execution of Contract" of these special provisions; E. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually Q:\pw\PWENG\A CON RS12002\TLC Contract \Section2 Revised.doc 38 8/22/02 I i t I I 1 I I I I I 1 I I I I performing, managing and supervising the work; F. DBEs must be certified by either the California Department of Transportation, or by a participating agency which certifies in conformance with Title 49, Code of Federal Regulations, Part 26, as of the date of bid opening. It is the Contractor's responsibility to verify that DBEs are certified. Listings of certified DBEs are available from the following sources: 1. The Department's DBE Director, which is published quarterly. This Directory may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520; 2. The Department's Electronic Information Bulletin Board Service, which is accessible by modem and is updated weekly. The bulletin Board may be accessed by first contacting the Department's Business Enterprise Program at Telephone: (916) 227-8937 and obtaining a user identification and password; 3. The Department's web site at http://www.dot.ca.gov/hq/bep/index.htm; G. Credit for trucking by DBE's will be as follows: 1. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. 2. If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the fum must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph G.2. if the person both owns and operates distribution equipment for products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract -by -contract basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of the paragraph G.2. 3. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. H. Credit for DBE trucking companies will be as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting the DBE goal; 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract, 3. The DBE receives credit for the total value of the transportation services it provides on Q:\pw1PWENG'A_CONTRS\2002\TLC Contract.Section2 Revised.dac 39 8/22/02 I I 1 I U I I I I 1 1 t I I i the contract using trucks its own, insures, and operates using drivers it employs; 4. The DBE may lease trucks from another DBE fret, including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract; 5. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee of commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE; 6. For the purposes of this paragraph H, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. I. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for breach of this contract. J. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. 2-2.02 DBE GOAL FOR THIS PROJECT. The City of San Mateo has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this project: Disadvantaged Business Enterprise (DBE): 2.9 percent It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to assure meeting the goal for DBE participation. Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at http://www.dot.ca.uov/he/beQ to verify the current availability of this service. Q:1pw1PWENGW_CONTRS120021TLC Contract \Section2 Revised.doe 40 8/22/02 I 1 I I I I I 1 I I I l I r SECTION 3. SUBMISSION OF DBE INFORMATION AND AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL. The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard Specifications and these special provisions for the requirements and conditions concerning submittal of DBE information and award and execution of contract. It is the bidder's responsibility to make enough work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made adequate good faith efforts to do so. The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER — DBE INFORMATION" form included in the Proposal. If the DBE information is not submitted with the bid, the DBE information form shall be removed from the documents prior to submitting the bid. 3-1.01A DBE INFORMATION. If DBE information is not submitted with the bid, the apparent successful bidder (low bidder), the second low bidder and the third low bidder shall submit DBE information to the City Clerk's Office located at City Hall, 330 W. 20th Avenue, San Mateo, CA, 94403 so the information is received by the City, no later than 4:00 p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening. DBE information sent by U.S. Postal Service certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal nonresponsive. Other bidders need not submit DBE information unless requested to do so by the Department. When such request is made, the DBE information of such bidders shall be submitted so the information is received by the City/County no later than close of business on the third day, not including Saturdays, Sundays, and legal holidays, after said notification, unless a later time is authorized by the City. The bidder's DBE information shall establish that the DBE goal will be met or that a good faith effort to meet the goal has been made. To establish good faith efforts, the bidder shall demonstrate that the goal will be met or that, prior to bidding, adequate good faith efforts to meet the goal were made. Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their adequate good faith efforts information along with their DBE goal information to protect their eligibility for award of the contract in the event the City, in its review, finds that the goal has not been met. The information to show that the DBE goal will be met shall include the names of DBEs and DBE joint venture partners to be used, with a complete description of work or supplies to be provided by each, the dollar value of each DBE transaction, and a written confirmation that the DBE is participating in the contract. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by the DBE shall be included in the DBE information, including the planned location of that work. The work that a DBE prime contractor has committed to performing with its own forces as well as the work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies will count toward the goal. (Note: DBE subcontractors to whom the bidder proposes to directly subcontract portions of the work are to be named in the bid. — See Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications and Section 2-1.01, "General," of these special provisions, regarding listing of proposed subcontractors.) The information necessary to establish the bidder's good faith efforts to meet the DBE goal should include: Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\Section2 Revised.doc 41 8t22/02 I i I I I I I I I I I I I I i 1 I 1. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder. 2. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested. 3. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate the sufficient work to meet the DBE goal was made available to DBE firms. 4. The names, addresses and phone numbers of rejected DBE firms, the firms selected for that work, and the reasons for the bidder's choice. 5. Efforts made to assist DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs. 6. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. 7. The names of agencies contacted to provide assistance in contacting, recruiting and using DBE firms. 8. Any additional data to support a demonstration of good faith efforts. 3-I.02AWARD OF CONTRACT. The right is reserved to reject any and all proposals. The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. Meeting the goal for DBE participation or demonstrating to the satisfaction of the City, adequate good faith efforts to do so is a condition for being eligible for award of contract. Such award, if made, will be made within 45 days after the opening of the proposals. This period will be subject to extension for such further period as may be agreed upon in writing between the Department and the bidder concerned. All bids will be compared on the basis of the Engineer's Estimate of the quantities of work to be done. 3-1.03SUBCONTRACTS. The Contractor is prohibited from employing any subcontractor that is ineligible under Labor Code section 1777.1. 3-1.04CHANGES INITIATED BY THE AGENCY. The City of San Mateo reserves the right to change the scope of this contract in order to align the contract price to the monies available. Presently there is approximately $1,500,000 available for this project. The City shall have full authority and discretion to determine the decrease or increase in quantities required as well as the subprojects that will be altered, added or deleted. The Contractor shall not be entitled to any additional compensation or adjustment in the unit prices bid because of the above -stated alteration of this project. 3-1.05 CONTRACT BONDS. Before execution of the contract by the Agency, the Contractor shall file with the agency surety bonds satisfactory to the City in the amounts and for the purposes noted below. Bonds shall be duly executed by a responsible corporate Surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. The Contractor shall pay all bond premiums, costs, and incidentals. Each bond shall be signed by both the Contractor and Surety and the signature of the authorized Q:\pw\PWENG\A CONTRS\2002\TLC Contract\Section2 Revised.doc 42 8/22102 1 I I I i, I 1 I 1 I I I I I agent of the Surety shall be notarized. The Contractor shall provide two acceptable surety bonds; one for labor and materials and one for performance. The "Payment Bond" (Material and Labor Bond) shall be for not less than 100 percent of the contract price, to satisfy claims of material suppliers and of mechanics and laborers employed by it on the work. The bond shall be maintained by the Contractor in full force and effect until the completed work is accepted by the Agency, and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code. The "Faithful Performance Bond" shall be for 100 percent of the contract price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or latent developed defects. 3-1.06 LIABILITY INSURANCE. The Contractor shall provide and maintain: A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. Such insurance shall include coverage for owned, hired, and non -owned automobiles. C. Workers Compensation in at least the minimum statutory limits. D. General Provisions for all insurance. (Based on the type of project, determine if additional insurance language is required.) All insurance shall: Include the City of San Mateo, its elected and appointed officers, employees, and volunteers as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above -designated insureds. 2. Be primary with respect to any insurance or self-insurance programs of City, its officers, employees, and volunteers. 3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance. a. In addition to requiring that you provide an insurance certificate showing the levels and types of coverage required for your project or contract, the City of San Mateo also requires you to provide the City with a copy of the actual endorsements to the commercial general, automobile, and any excess liability insurance policies that show that the City of San Mateo, its boards, commissions, officers, agents, and employees have been named as additional insureds by the insurers. These endorsements are required because California Insurance Code § 384 expressly provides that an insurance certificate is not proof of what the underlying insurance policy actually contains. If you look at an insurance certificate, you will notice that the certificate actually says the same thing. Therefore, a certificate has minimal legal value and the City cannot be reasonably certain that it is covered under the policies shown Q:\pw\PWENGIA_CONTRS\20021TLC Contract\Section2 Revised.doc 43 822/02 on the certificate without endorsements. An endorsement is a piece of paper that modifies the terms of the underlying policy and is issued by the insurance company itself, rather than a broker. A copy of a sample endorsement for commercial general liability is on the following page for your reference. 4. No changes in insurance may be made without the written approval of the City Attorney's office. Q:1pw5PWENGIA_CONTRS\20021TLC ContracttSection2 Revised.doc 44 8/22/02 I I I i I I I I I I 1 I I I a I 1 I CITY OF SAN MATEO INSURANCE REQUIREMENTS WORKERS COMPENSATION INSURANCE: Minimum statutory limits. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. Prior to commencement of services, insurance coverage must be evidenced by a properly executed policy endorsement showing that the insurance is primary with respect to any insurance or self insurance programs of City, its officers, employees, and volunteers and additional insured coverage in addition to a certificate of insurance (sample endorsement attached). and it shall name "The City of San Mateo, its elective and appointed officers, employees, and volunteers, as additional insureds." AUTOMOBILE LIABILITY INSURANCE: Automobile Liability Bodily and Property Damage Combined, $1,000,000.00 aggregate. Such insurance shall include coverage for owned, hired, and non -owned automobiles. This insurance must be primary with respect to any insurance or self insurance programs of City, its officers, employees, and volunteers. Prior to commencement of services, insurance coverage must be evidenced by a properly executed policy endorsement showing that the insurance is primary with respect to any insurance or self insurance programs of City, its officers, employees, and volunteers and additional insured coverage in addition to a certificate of insurance. and it shall name "The City of San Mateo, its elective and appointed officers, employees, and volunteers, as additional insureds." NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. To prevent delay and insure compliance with the requirements of the specifications, the insurance certificates and endorsements must be returned to: JEAN HILL, SR. MANAGEMENT ANALYST CITY OF SAN MATEO PUBLIC WORKS DEPARTMENT 330 West 20th Avenue San Mateo, CA 94403 Q:\pw1PWENG\A_CONTRS\2002\TLC Contract\Section2 Revised.doc 45 8/22/02 I I i I I i I I I I I I I I SAMPLE ENDORSEMENT FORM FOR COMMERCIAL GENERAL LIABILITY POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of person or organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Q:\pw\PWENGW_CONTRS\2002\TLC Contract\Section2 Revised.doc 46 8/22/02 I r I 1 1 I e I 1 1 i I I 1 I 1 E 3-1.07 HOLD HARMLESS AND INDEMNITY PROVISION. The Contractor agrees (1) to hold harmless and indemnify City of San Mateo and its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from performance of this contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo, its officers or employees, and (2) to defend City of San Mateo, its officers or employees there against; provided, however that this provisions does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of City of San Mateo or (b) the active negligence of City of San Mateo; further provided, that this provisions shall not affect the validity of any insurance contract, workers compensation or agreement issued by an admitted insurer as defined by the Insurance Code. Q:\pw\PWENGW_CON7RS\2002\TLC Contract Section2 Revised.doc 47 8/22/02 I I a i I I I I I I I i I I I SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES 4-1.01 GENERAL. Attention is directed to the provisions in Section 8-1.03, "Beginning of Work," in Section 8-1.06, "Time of Completion," and in Section 8-1.07, "Liquidated Damages," of the Standard Specifications and these Special Provisions. 4-1.02 BEGINNING OF WORK. The Contractor shall begin work within five (5) calendar days after the date of the notice to proceed and shall diligently prosecute the same to completion. 4.1.02A ORDER OF WORK The Contractor shall erect signage prior to starting work on the site. The signage shall be one sign 4x8 feet painted by a professional sign painter and mounted on two 4x4s. The sign message shall include at a minimum the following information: the name of the project, the project sponsor (MTC), its estimated cost, time of project completion, the contractors phone number prominently displayed for information andemergency purposes, the City's name and the names of the present City Council Members. The Owner's Representative prior to sign construction will approve the final layout and wording of the sign. Full payment for the signs shall be included in the other items of work and no separate payment will be made for this work. The Contractor shall start and complete work from the Railroad to Main Street prior to beginning work on the east side of the Railroad. Main Street from First to Third Avenue will be performed in cooperation with two contractors on adjacent sites and will be started with a separate notice to proceed. The remaining work on the west side of the railroad will also be performed in cooperation with two adjacent contractors. Work on the east side of the Railroad can commence when the work on the west side of the Railroad on First, Second, and Third Avenue is completed. The order of work will be in accordance with the Traffic Handling provisions in Section 4 of these Special Provisions and in Section 10-1.05 of these Special Provisions. 4-1.03 CONSTRUCTION OR FABRICATION AND DELIVERY SCHEDULE. After notification of award and prior to start of any work, the Contractor shall submit to the Engineer for approval its proposed construction or fabrication and delivery schedule. The schedule shall be in the form of a tabulation, chart, or graph and shall bein sufficient detail to show the chronological relationship of all activities of the project including, but not limited to, estimated starting and completion dates of various activities, submittal of shop drawings to the Engineer for approval, procurement of materials, and scheduling of equipment, and delivery of finished product. 4-1.04 DELAYS AND EXTENSIONS OF TIME. In the event that a disagreement shall arise between the City and the Contractor over Time of Performance as extended by the City due to an allowed suspension of work, the Contractor may request an extension from the City Council. Such requests shall be filed with the City Clerk, addressed to the City Council, at least twenty (20) days prior to the expiration of the Time of Performance as modified. The ruling of the City Council shall be final and conclusive. 4-1.05 PRE -CONSTRUCTION CONFERENCE. A preconstruction conference will be held at a location selected by the City for the purposes of review and approval of said schedule and to discuss construction procedures and payment schedule. Contractor shall be represented by his superintendent of work and major subcontractors. The City will be represented by members of the organization having direct control of supervision of the project. 4-1.06 TIME OF COMPLETION. The Contractor shall prosecute work to completion before the expiration of 145 working days, beginning from the date specified in the Notice to Proceed. In addition, the contractor shall prosecute work to completion before the expiration of 25 working days for the work on Main Street from First to Third Avenue from the date specified in the Q:\pwIPWENG\A_CONTRS\2002\TLC ContractSection2 Revised.doc 48 8/22/02 I I 1 1 I I I I I I I I 1 I I 1 second notice to proceed. The City will furnish the Contractor weekly a statement of working days remaining on the contract. 4-1.07 LIOUIDATED DAMAGES. Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the City of San Mateo. Such damages will be determined. For each consecutive calendar day in excess of the time specified for completion of the work (as adjusted), the Contractor shall pay to the City of San Mateo, or have withheld from monies due it, the sum of the amount necessary to cover any add-on costs or lost revenue and by cost plus an estimate of overhead costs incurred by the City; e.g., inspection and administrative costs, loss of revenue or the cost of alternative services during delay, etc. Execution of the contract under these specifications shall constitute agreement by the City of San Mateo and Contractor that $1,200 per working day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work within the allotted time, that liquidated damages shall not be construed as a penalty, and that the amount calculated by the City may be deducted from payments due the Contractor if such delay occurs. Execution of the contract under these specifications shall constitute agreement by the City of San Mateo and Contractor that $2,200 per working day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work on Main Street between First and Third Avenues within the allotted time, that liquidated damages shall not be construed as a penalty, and that the amount calculated by the City may be deducted from payments due the Contractor if such delay occurs. 4-1.08 LOCATION OF UTILITIES. The Contractor's attention is directed to Section 8-1.10 and 15 of the Standard Specifications. At least forty-eight (48) hours prior to commencing work, the Contractor shall notify Underground Service Alert (USA) so that the various utility companies may field -mark said installations. Once the field marks are in place, the Contractor shall be responsible for all marked utilities damaged during construction or claims resulting from said damage. In addition, the City shall not be responsible for any unmarked utility damaged during construction or any claims resulting from this damage; except for damage to City of San Mateo utilities that the City has not marked within forty-eight (48) hours after receiving notice from USA to do so and which were not marked at the time the damage occurred. 4-1.09 TRAFFIC AND ACCESS. The Contractor shall be responsible, during all phases of the work, to provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flagmen as described and specified in the State of California, Department of Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance Work Zones, 1990 Edition. (Section 360, California Vehicle Code, defines highways to include streets.) The provisions of this manual will become a part of the requirements of the contract. When flagmen are used the contractor will bear the entire cost of he flagmen in lieu of the provisions stated in Section 12-2.02 of the Standard Specifications. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to the abutting property owners or motoring public. Convenient access to driveways, houses, and buildings along the line of work shall be maintained unless otherwise approved by the City in advance. Contractor shall request and obtain approval from City before any lane closures are implemented. Open excavation and ditches across a roadway shall be covered and guarded in such a manner as to permit safe traffic flow during hours when no work is being performed. Closure of Railroad Avenue for short durations will be allowed with adequate flagmen and with QApw\PWENG\A CONTRS\2002\TLC Contract\Section2 Revised.doc 49 822/02 I I I I I I I 3 I I I I I I I prior written approval of the San Mateo Public Works Department. When necessary to construct a sidewalk the contractor shall provide signage and direct the pedestrian traffic safely to the other side of the street. Lane closures can occur only on one street at a time. See Section 10.105 for additional requirements for maintaining access and traffic. SECTION 4-2. ACCEPTANCE OF CONTRACT 4-2.01 SUBSTANTIAL COMPLETION OF WORK. The Contractor shall request an inspection to determine substantial completion. The substantial completion of work is considered as for the benefit of the City that the City's facility is ready for public use. The substantial completion of work for this project is defined to include as a minimum: the street is open for regular vehicle traffic, bicyclists, and pedestrians; and all the existing street and off-street facilities have been restored to the pre -construction or better condition. If the inspection confirms that substantial completion has been obtained, the City will issue a Notice of Substantial Completion and discontinue counting working days for the project. The City will also issue a punch -list of any minor work items that must be completed prior to Final Acceptance of the contract. 4-2.02 ACCEPTANCE OF CONTRACT. When the Engineer has made the final inspection as provided in Section 5-1.13 "Final Inspection" of the Standard Specifications, including sign -off of all punch -list items, and when the Contractor has submitted a set of full size blue lines of the contract plans with all the changes to reflect "As Built" conditions, the Public Works Director will recommend that the City Council formally accept the contract, and upon Council acceptance, file the Notice of Completion. Immediately upon and after such acceptance by the City Council, the contractor will be relieved of the duty of maintaining and protecting the work as a whole, and he will not be required to perform any further work thereon, except warranty work; and the Contractor shall be relieved of his responsibility for injury to persons or property or damage to the work which occurs after the formal acceptance by the City Council. The City will release the retention 35 days after recording the Notice of Completion. Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\Seetion2 Revised.doc 50 8/22102 I I i I I I I I 1 I r I SECTION 5. GENERAL 5-1.01 MISCELLANEOUS. The control of work will be in accordance with the applicable portions of the State of California Department of Transportation Standard Specification Section 5. The control of the materials will be in accordance with the applicable sections of Section 6 of the Standard Specifications. The removal of existing facilities will be done in accordance with the applicable sections of Section 15 of the Standard Specifications. 5-1.02 PREVAILING WAGE AND WEEKLY CERTIFIED PAYROLL SUBMISSION. Attention is directed to Section 7-1.01A(2), "Prevailing Wage", of the Standard Specifications. The general prevailing wage rates as determined by the Director of Industrial Relations of the State of California or as determined by the Administrator of the Wage and Hour Division, U.S. Department of Labor, in force on the day this bid was opened, whichever is higher, will be the minimum paid to all craftsmen and laborers working on this project. In some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the expiration date. In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project. Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed after this date have been predetermined. If work is extended past this date, the new rate must be paid and should be incorporated in contracts the Contractor enters into. Any contractor awarded a public works project who intends to use a craft or classification not shown on the general prevailing wage determinations will be required to pay the wage rate of that craft or classification most closely related to it as shown in the general determinations effective at the time the bids are opened. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office for the convenience of bidders. The State prevailing Wage rates may also be obtained from the California Department of Industrial Relations Internet web site at http://www.dir.ca.gov. Any errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in Appendix IV. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of "Proposal and Contract" books. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. Attention is directed to the Federal minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determination. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. Q:\pw\PWENGW_CONTRS\20021TLC Contract\Section2 Revised.doc 51 The U.S. Department of Transportation (DOT) provides a toll -free "hotline" service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m., eastern time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report these activities. The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. Each Contractor and Subcontractor and any lower -tier Subcontractor shall submit weekly certified payrolls for each work week from the time he starts work on the project until he completes his work. If he performs no work on the project during a given work week, he may either submit a weekly payroll form with the notation, "No work performed during this work week," or submit a letter to that. effect. He should identify his initial and final payrolls by marking them "Initial" and "Final." Payrolls shall be completed and submitted no later than seven (7) work days following completion of the work week. 5-1.03 HOURS OF LABOR. Construction operations beyond the eight -hour normal workday and on legal holidays may occur on occasion if approved in advance by the City. The Contractor shall notify the City Engineer in writing twenty-four (24) hours prior to any non -emergency type overtime operations or forfeit the sum of the job inspector's pay per day (or prorated portion thereof). Normal workday hours for this project shall be between 7:30 a.m. and 5:00 p.m. unless specifically modified in writing. 5-1.04 LABOR NONDISCRIMINATION. Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.01A(4), "Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. 5-1.05 Certificate of Compliance The Contractor shall provide the Engineer a Certificate of Compliance from the manufacturer in conformance with the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications for all automated devices furnished for the project. 5-1.06 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES. When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and 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 report the condition to the Engineer in writing. Q:\pw\PWENG\A CONTRS\20021TLC Contract\Section2 Revised.doc 52 8/22/02 1 i 1 I 1 1 I I r I In conformance with Section 25914.1 of the Health and Safety Code, 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. 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 conformance with the provisions in Section 8-1.09, "Right of Way Delays," of the Standard Specifications. 5-1.07 SAN MATEO BUSINESS LICENSE GUIDELINES. A business license shall be obtained as required by the San Mateo Municipal Code, Chapter 5. Section 5.24.090 of said Chapter 5 provides that "Every person conducting the business of contractor shall pay an annual tax. 5-1.08 NOTICE OF POTENTIAL CLAIM. Section 9-1.04, "Notice of Potential Claim," of the Standard Specifications is amended to read: 9-1.04 Notice of Potential Claim. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this Section 9 1.04 shall not be a prerequisite as to matters within the scope of the protest provisions in Section 4 1.03, "Changes," or Section 8 1.06, "Time of Completion," or the notice provisions in Section 5 1.116, "Differing Site Conditions," or Section 8 1.07, "Liquidated Damages," or Section 8 1.10, "Utility and Non -Highway Facilities," nor to any claim which is based on differences in measurements or errors of computation as to contract quantities. The written notice of potential claim shall be submitted to the Engineer prior to the time that the Contractor performs the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within 15 days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim. The written notice of potential claim shall be submitted on Form CEM 6201 furnished by the Department and shall be certified with reference to the California False Claims Act, Government Code Sections 12650 - 12655. The notice shall set forth the reasons for which the Contractor believes additional compensation will or may be due and the nature of the costs involved. Unless the amount of the potential claim has been stated in the written notice, the Contractor shall, within 15 days of submitting said notice, furnish an estimate of the cost of the affected work and impacts, if any, on project completion. Said estimate of costs may be changed or updated by the Contractor when conditions have changed. When the affected work is completed, the Contractor shall submit substantiation of his actual costs. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this Section 9 1.04 that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed. Should the Contractor, in connection with or subsequent to the assertion of a potential claim, request inspection and copying of documents or records in the possession of the Department that pertain to the potential claim, Contractor shall make its records of the project, as deemed by the Q:\pwWWENGW CONTRS\20021TLC Contract\Section2 Revised.doc 53 822/02 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 Department to be pertinent to the potential claim, available to the Department for inspection and copying. 5-1.09 ATTORNEY FEES. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000, shall be recoverable as costs (that is, by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably. 5-1.10 PAYMENT 5-1.10A GENERAL. Attention is directed to Section 9-1.06, "Partial Payments," and 9-1.07, "Payment After Acceptance," of the Standard Specifications and these Special Provisions. Except as directed otherwise in these specifications, full compensation for completing all of the work indicated on the plans and directed herein is considered to be included in the contract unit prices paid for the various items of work and no separate payment will be made therefor. 5-1.10B TEN PERCENT (10%) RETENTION. To ensure performance, City is entitled to retain ten percent (10%) of the contract price for 35 days after it records the Notice of Completion. However, pursuant to the Public Contracts Code Section 22300, the Contractor may substitute securities for said ten percent (10%) retention or request that the City make payments of retentions earned directly to an escrow agent at the Contractor's expense. The provisions of the Public Contracts Code Section 22300 are hereby expressly made a part of the contract. 5-1.10C FINAL PAYMENT AND CLAIMS. Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications is amended to read: 9-1.07B Final Payment and Claims. Prior to acceptance as specified in SP4-2.03, the Engineer will make a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of said amount, segregated as to contract item quantities, extra work and any other basis for payment, and shall also show therein all deductionsmade or to be made for prior payments and amounts to be kept or retained under the provisions of the contract. All prior estimates and payments shall be subject to correction in the proposed final estimate. The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the contract so that the Engineer receives such written approval or statement of claims no later than close of business of the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of such written approval or statement of claims by the Engineer shall not be later than close of business of the next business day. No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required under the provisions in Sections 4-1.03, "Changes," 8-1.06, "Time of Completion," 8-1.07, "Liquidated Damages," 5-1.116, "Differing Site Conditions," 8-1.10, "Utility and Non -Highway Facilities," and 9 1.04, "Notice of Potential Claim," unless the Contractor has complied with the notice or protest requirements in said sections. On the Contractor's approval, or if he files no claim within said period of 30 days, the Engineer will issue a final estimate in writing in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City will pay the sum so found to be due less any retention. Also upon Contractor's approval of the proposed final estimate, or if he files no claim within said period of 30 days, the Engineer will request acceptance of the contract by the City Council. Such final estimate and payment thereon shall be conclusive and binding against both Q:\pw1PWENGV+_CON RS\2002\TLC Contract\Secdon2 Revised.doc 54 8/22/02 parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except as otherwise provided in Sections 9-1.O3C, "Records," and 9-1.09, "Clerical Errors." If the Contractor within said period of 30 days files claims, the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City will pay the sum so found to be due less any retention. Such semi final estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims filed within the time and in the manner required hereunder and except as otherwise provided in Sections 9-1.03C, "Records," and 9-1.09, "Clerical Errors." Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. If additional information or details are required by the Engineer to determine the basis and amount of said claims, the Contractor shall furnish such further information or details so that the information or details are received by the Engineer no later than the fifteenth day after receipt of the written request from the Engineer. If the fifteenth day falls on a Saturday, Sunday or legal holiday, then receipt of such information or details by the Engineer shall not be later than close of business of the next business day. Failure to submit such information and details to the Engineer within the time specified will be sufficient cause for denying the claim. The Contractor shall keep full and complete records of the costs and additional time incurred for any work for which a claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Failure to permit access to such records shall be sufficient cause for denying the claims. Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language: Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et seq., the undersigned, (name) (title) (company) Q;\psv\PWENG\A_CONTRS12002\TLC ContractVSection2 Revised.doc 55 8/22/02 I 11 I 1 1 1 1 I hereby certifies that the claim for the additional compensation and time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties. Dated /s/ Subscribed and sworn before me this day of Notary Public My Commission Expires Failure to submit the notarized certificate will be sufficient cause for denying the claim. Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the City at its discretion. Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act. The City Council will make the final determination of any claims which remain in dispute after completion of claim review by the Engineer. The Director of Public Works will review such claims and make a written recommendation thereon to the City Council. Upon final determination of the claims, the Engineer will then make and issue his final estimate in writing and within 30 days thereafter the City will pay the sum less any retention found due thereon. Such final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except as otherwise provided in Sections 9-1.03C, "Records," and 9-1.09, "Clerical Errors." 5-1.10D PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS. Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. 5-1.10E PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS. The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with Section 7-1.17, "Acceptance of Contract," of the Standard Specifications or 4-2 of the Special Provisions. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 5-1.11 MEDIATION. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed -upon service. The mediator shall be selected by a "blindfolded" process. Q:\pw1PWENGW_CONTRS\2002\TLC Contrac0.Section2 Revised.doc 56 8/22/02 I 1 I 1 1 I i 1 1 The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 5-1.12 ARBITRATION. After mediation above, and upon agreement of the parties, any dispute arising out of or relating to this agreement may be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties. 5-1.13 MOBILIZATION. Payment for mobilization, if included as a separately stated bid item, will be as follows: A. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is five percent (5%) or more of the original contract amount, fifty percent (50%) of the contract item price for mobilization or five percent (5%) of the original contract amount, whichever is the lesser, will be included in said estimate for payment. B. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is ten percent (10%) or more of the original contract amount, the total amount earned for mobilization shall be seventy-five percent (75%) of the contract item price for mobilization or 7.5 percent of the original contract amount, whichever is the lesser, and said amount will be included in said estimate for payment. C. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization; is twenty percent (20%) or more of the original contract amount, the total amount earned for mobilization shall be ninety-five percent (95%) of the contract item price for mobilization or 9.5 percent of the original contract amount, whichever is the lesser, and said amount will be included in said estimate for payment. D. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is fifty percent (50%) or more of the original contract amount, the total amount earned for mobilization shall be one hundred percent (100%) of the contract item price for mobilization or ten percent (10%) of the original contract amount, whichever is the lesser, and said amount will be included in said estimate for payment. Any remainder will be paid Contractor at close of the job. The contractor price paid for mobilization shall include full compensation for furnishing all labor, materials, tools, and equipment necessary for mobilization as specified herein. The maximum allowable price bid for mobilization shall be: $150,000. 5-1.14 SUBCONTRACTOR AND DBE RECORD. The Contractor shall maintain records showing the name and business address of each first -tier subcontractor. The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these fines. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the contract, a summary of these records shall be prepared on "Final Report — Utilization of Disadvantaged Business Enterprises (DBE), First Tier Subcontractors" Q:\pw\PWENGW_CONTRS\2002\TLC ContractVSection2 Revised.doc 57 8/22/02 i 1 1 1 1 1 1 1 i 1 1 I I 1 1 1 Form CEM-2402 (F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. The amount of $10,000 will be withheld from payment until a satisfactory form is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies listed in the Contractor's DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies which is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner -operators, for the leasing of trucks. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confum that the amount of credit claimed toward DBE participation conforms with Section 2-2.01 The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. This documentation shall be submitted on "Monthly DBE Trucking Verification," Form CEM-2404 (F). 5-1.15 DBE CERTIFICATION STATUS. If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, "Disadvantaged Business Enterprises (DBE) Certification Status Change" Form CEM-2403 (F) indicating the DBE's existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. 5-1.16 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS. The DBE's listed by the Contractor in response to the requirements in the section of these Special Provisions entitled "Submission of DBE Information and Award and Execution of Contract", which are determined by the Department to be certified DBE's shall perform the work and supply the materials for which they are listed unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources. Authorization to utilize other forces or sources of materials may be requested for the following reasons: 1. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. 2. The listed DBE becomes bankrupt or insolvent. 3. The listed DBE fails or refuses to perform his subcontract or furnish the listed materials. 4. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. 5. The work performed by the listed subcontractor is substantially unsatisfactory and is not Q:\pw\PWENGW CONTRS\2002\TLC Contract\Section2 Revised.doc 58 8/22/02 1 1 I 1 I I 1 1 in substantial accordance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. 6. It would be in the best interest of the City. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. 5-1.17 SUBCONTRACTING. Attention is directed to the provisions in Section 8-1.01, "Subcontracting", of the Standard Specifications, Section 2, "Proposal Requirements and Conditions and Non -Discrimination Guidelines", Section 3, "Submission of DBE Information and Award and Execution of Contract", and elsewhere in these Special Provisions. 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 web site at http://www.dir.ca.govldir/Labor law/DLSE/Debar.html. The requirement in the third paragraph of said Section 84.01 that the Contractor shall perform with his own organization contract work amounting to not less than 50 percent of the original contract price is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 in these Special Provisions that the Contractor perform not less than 30 percent of the original contract work with his own organization. Each subcontract and any lower tier subcontract that may in turn by made shall include the "Required Contract Provisions Federal -Aid Construction Contract" in Section 14 of these special provisions. This requirement shall be enforced as follows: Non-compliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. The DBE information furnished under Section 3-1.01A, "DBE Information," of these Special Provisions is in addition to the subcontractor information required to be furnished under said Section 8-1.01, "Subcontracting" and Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications. In conformance with the Federal DBE regulations Sections 26.53 (t(1) and 26.53(0(2) Part 26, Title 49 CFR: A. The Contractor shall not terminate for convenience a DBE subcontractor listed in response to Section 3-1.01A, "DBE Information," and then perform that work with its own forces, or those of an affiliate without the written consent of the Department, and B. If a DBE subcontractor is terminated or fails to complete its work for any reason, the Contractor will be required to make good faith efforts to substitute another DBE subcontractor for the original DBE subcontractor, to the extent needed to meet the contract goal. The requirement in Section 2-2.01, "Disadvantaged Business Enterprise (DBE)", of these Special Provisions that DBE's must be certified on the date bids are opened does not apply to DBE substitution after award of the contract. Q:\pw1PWENGW CON7RS\2002\TLC Contract\Section2 Revised.doc 59 8/22/02 1 1 1 I i I I 1 1 1 The "Subletting and Subcontracting Fair Practices Act" (Public Contract Code Section 4100- 4113, inclusive) applies to the work covering street (or highway) lighting and traffic signals and requires subcontractors, if used for such work, to be listed in the prime contractor's proposal; prohibits the substitution of subcontractor, except as therein authorized; and provides for penalties for violations of the Act. Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE subcontractors after the opening of the proposals. Each bidder shall, with respect to the work covering street (or highway) lighting and traffic signals, list in his Proposal: 1. The name and the location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor, specially fabricates and installs a portions of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid. 2. The portion of the work which will be done by each such subcontractor. Only one subcontractor shall be listed for each such portion. A sheet for listing the subcontractors, as required by the Subletting and Subcontracting Fair Practice Act, is included in the proposal. SECTION 5-2. CONTROL OF WORK 5-2.01 SURVEYING. Contractor will furnish and set construction stakes and marks to establish lines and grades required for the completion of work as shown on the plans and as specified in the Standard Specifications and the Special Provisions. Except horizontal and vertical control and right of way staking by City Representative, all other specifications, including requirements in Section 5-1.07, "Lines and Grades," of the Standard Specifications, that require establishment of lines and grades by the City Representative, shall not apply to this Contract. Before starting survey work submit in writing for approval by the City Representative, proposed procedures, methods, equipment, and typical stake markings to be used. Procedures, methods, and typical stake markings shall be in accordance with Chapter 11, Construction Surveys, of the Department of Transportation publication entitled Survey Manual. Copies of this portion of Surveys Manual are available to Contractor, free of charge, at the Department of Transportation, Plans and Bid Documents counter, Room 39, 1120 N Street, P.O. Box 942874, Sacramento, CA 94274-0001. Perform construction staking as necessary to control Work. Furnish and set construction stakes and marks with accuracy adequate to assure completed Work conforms to lines, grades, and sections shown on Drawings. Vertical alignment, grid -grade notes, slope -stake listing, and coordinates of centerlines and layout lines will be furnished to Contractor for use in performing construction staking. City Representative will establish and furnish survey data to Contractor for construction control surveys, horizontal and vertical, as shown on Drawings and as described in Chapter 11, Sections 11-02 and 11-03, of said Surveys Manual. If Contractor's operations destroy any City Representative's survey control points, Contractor shall either replace such control points, at no additional cost to the City, or request City Representative to replace destroyed control points. Contractor replacement subject to verification by City Representative. If requested to replace control points, the City Representative will do so within ten working days. Cost of verification of or cost of replacement of City Representative's control surveys shall be deducted from moneys due or to become due Contractor. Contractor shall not be allowed any adjustments in Contract time for such verification or replacement of survey control points by the Q:\pMPWENG\A CONTRS\2002\TLC ContrachSection2 Revised.doc 60 822/02 1 1 1 1 1 1 1 I 1 1 City Representative. If right of way is not marked when Contractor mobilizes on -site, Contractor shall notify. City Representative of need for right of way control monuments at least 15 working days in advance of starting operations that require right of way monumentation. City Representative will replace right of way control monuments requiring replacement and cost of replacement will be deducted from any moneys due or to become due Contractor. Contractor shall make computations necessary to establish exact position of Work from control points. Computations, survey notes, and other records necessary to accomplishing Work shall be neat, legible and accurate. Copies of computations, notes, and other records shall be furnished to City Representative prior to beginning work that requires their use. Construction stakes shall be removed from Project site when no longer needed. Upon completion of construction staking and prior to acceptance of Contract, computations, survey notes, and other data used to accomplish Work shall be furnished to City Representative and shall become property of the State. Contract shall include furnishing labor, materials, tools, equipment, and incidentals for construction staking, as shown on Drawings, as specified in the Special Provisions, and as directed by City Representative. Staking of line and grade will be done by the City survey crew at no cost to the contractor once only. The Contractor shall notify the City 48 hours in advance when requesting construction stakes. Resetting of survey stakes lost due to the contractor's negligence will be charged to the contractor at the rate of $89.00 per man per hour or fraction thereof. The Engineer will be the judge of what constitutes negligence. Any appeal of this decision will be referred to the Public Works Commission. The Public Works Commission decision will exhaust the administrative procedures for appeal. 5-2.02 MEASUREMENT OF QUANTITIES. When payment for a work item is to be made on a tonnage basis, the Contractor shall furnish the Engineer a legible copy of a licensed weigh -master's certificate showing gross, tare and net weight of each truckload of material. Certificates shall be delivered to the Engineer at the job site upon delivery of the material. 5-2.03 COOPERATION AND COLLATERAL WORK. The City of San Mateo, its workers and contractors, and others, have the right to operate within or adjacent to the worksite to perform work. The City of San Mateo, the Contractor, and each of such workers, contractors, and others, shall coordinate their operations and cooperate to minimize interference. Work on Century Theater's facility and the City's Main Street Parking facility will be under construction at the same time as this project. The contractor will cooperate and coordinate the activities with both of these contractors. 5-2.04 PROTECTION AND. RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall repair or replace all existing improvements not designated for removal which are damaged or removed as a result of its operation. Improvements, such as but not limited to, curbs, gutters, sidewalks, driveways, fences, walls, signs, pavements, raised pavement markers, thermoplastic pavement markings, signs, sprinkler systems, or plantings, shall be repaired and replaced to a condition equal to or better than the original condition. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the various bid items and no additional compensation shall be made by City. 5-2.05 RECORD OF EXISTING TRAFFIC CONTROL AND TEMPORARY MARKERS. Prior to the removal of any of the existing traffic control delineation, the contractor shall take whatever action is necessary to ensure that said delineation can be accurately replaced at its previous location upon completion of base failure repair or overlay. Q:\pw\PWENG\A CONTRS\2002\TLC Contract Section2 Rev ised.doc 61 8/22/02 I 1 1 I i I I I 1 1 1 I I I 1 I I 1 The new delineation shall be replaced not less than three nor more than four days after installation of the overlay. If on those streets not designated to be resurfaced, the existing traffic control system is impacted by base failure repair, or other construction activities, the Contractor shall install temporary Davidson markers until the permanent traffic control system can be replaced by the contractor. The contractor shall provide temporary crosswalk markings until the permanent installation has been done. All costs to the Contractor for temporary markings and removing it, shall be included in the various bid items and no additional compensation shall be made by City. Q:\ps PWENGW_CONIRS\2002\TLC Contract\Section2 Revised.doc 62 8/22/02 1 I I I t I I I I I I I I SECTION 7. WATER POLLUTION . 7-1.01 WATER POLLUTION. In compliance with the "City of San Mateo Storm Water Management and Discharge Rules and Regulations" ("Discharge Rules") the Contractor shall exercise every reasonable precaution to prevent the discharge of any material which is not solely stormwater (i.e., rain) to the storm drain system which includes, but is not limited to, catch basins, drainage channels, and creeks. Non -allowable discharges include, but are not limited to, eroded soil from stockpiles or disturbed earth on -site, concrete and concrete washout water, sawcut slurry, fuel, oil, and other vehicle fluids, solid wastes, and construction chemicals. Stormwater pollution control work is intended to provide prevention, control, and abatement of such stormwater pollution, and shall consist of constructing those facilities which may be contained in the Contractor's stormwater pollution control program, shown on the plans, specified herein, or directed by the Engineer. At the pre -construction conference the Contractor shall submit, for acceptance by the Engineer, a program to control stormwater pollution effectively during construction of the project. Such program shall show the schedule for the erosion control work included in the contract, if applicable, and for all stormwater pollution control measures which the Contractor proposes to take in connection with construction of the project. The Contractor shall include the following minimum actions as identified by the San Francisco Bay Regional Water Quality Control Board (when applicable to project): I.Stabilize site access points to avoid tracking materials off -site; 2.Stabilize denuded areas prior to the wet season (Oct. 15 through Apr. 15); 3 .Protect adjacent properties; 4.Stabilize temporary conveyance channels and outlets; 5. Use sediment controls and filtration to remove sediment from water generated by dewatering; 6.Use proper materials and waste storage, handling, and disposal practices; 7.Use proper vehicle and equipment cleaning, fueling, and maintenance practices; 8.Control and prevent discharge of all potential construction -related pollutants; 9.Prepare a contingency plan in the event of unexpected rain or a control measure failure. In addition, when applicable, during saw cutting the Contractor shall cover or barricade catch basins using control measures such as filter fabric, straw bales, sand bags; or fine gravel dams to keep slurry out of the storm drain system. When protecting an inlet, the Contractor shall ensure that the entire opening is covered. The Contractor shall shovel, absorb, and/or vacuum saw cut slurry and pick up all waste prior to moving to the next location or at the end of each working day, whichever is sooner. If saw cut slurry enters a storm drain inlet, the Contractor shall remove the slurry immediately. The Contractor shall coordinate stormwater pollution control work with all other work done on the contract. The Contractor shall not perform any clearing and grubbing or earthwork on the project, other than that specifically authorized in writing by the Engineer, until the required storm water pollution control program has been accepted. It shall be the Contractor's responsibility to train all employees and subcontractors on the approved stormwater pollution control measures. The City will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised stormwater pollution control program, or for any delays to the work due to the Contractor's failure to submit an acceptable stormwater pollution control program. During construction of the project, if the stormwater pollution control measures being taken by the Contractor prove inadequate to control stormwater pollution, the Engineer may direct the Contractor to revise his operations and/or his stormwater pollution control program. If the Q:'pw\PWENG\A_CONfRS\2002\TLC Contract\Section2 Revised.doc 63 822/02 • I I I I I I I I I I I I Contractor fails to adequately revise his operations after such direction, the Engineer may cause the stormwater pollution control measures to be performed by others, the costs to be deducted from any monies due or to become due the Contractor. The complete cleanup of all material which is discharged from the project in violation of the Discharge Rules shall be the responsibility of the Contractor. Should the Contractor fail to respond promptly and effectively to the Engineer's request for cleanup of such discharges, the Engineer may cause the cleanup to be performed by others, the costs to be deducted from any monies due or to become due the Contractor. Nothing in the terms of the contract nor in the provisions in this section shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of stormwater pollution. The cost of creating and implementing an acceptable storm water pollution control program will be included in the various bid items and no additional compensation shall be made. Q:\pw\PWENGW_CONfRS\2002\ TLC.Contract \Sectian2 Revised.doc 64 822/02 I I i I I I I I I I r SECTION 8. MATERIALS SECTION 8-1 BUY AMERICA REQUIREMENTS. Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041 (a) and 1048 (a), and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, ❑alletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting and any other coating that protects or enhances the value of such steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements. A certificate of compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions allowed herein. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one - tenth of one percent (0.1%) of the total contract cost or $2,500.00, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporation such materials into the work. 8-2 STATE -FURNISHED MATERIALS. Attention is directed to Section 6-1.02, "State - Furnished Materials," of the Standard Specifications and these special provisions. 8-3 RECYCLING REQUIREMENTS The City of San Mateo will require the selected contractor for this contract to recycle a minimum of 50% by weight of all asphalt concrete and portland cement concrete generated from this project and to document both their intended waste management plans and procedures as well as evidence of reaching the required diversion rate by the end of the project. At the pre -construction meeting, the contractor shall submit to the City for review and approval a solid waste management plans identifying procedures to be used for management of waste generated by this project, including the location of the facilities to be used for both disposal and recycling and the estimated quantities of waste and recyclables. The contractor may obtain construction and demolition recycling service provider listings and recycling technical assistance from the Public Works Department, Recycling Specialist (650-522- 7346 or pwrecycle@ci.sanmateo.ca.us). Helpful background information and recycling resources are also available at www.recycleworks.org. At the conclusion of the project the contractor will be required to complete a Diversion Summary Compliance form whichdocuments materials recycled and disposed, facilities utilized, and weights of materials generated by the project, as well as attach receipts that verify materials and quantities shown as disposed and recycled. This form is to be submitted with the final "Request for Payment." Form is attached as Appendix V. Q:1pw\PWENGW_CONTRS\20021TLC Contract\Section2 Revised.doc 65 822/02 I I I L I I r I I I I I SECTION 9. DESCRIPTION OF WORK The Contractor shall perform all work necessary to complete the contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish and install all materials, equipment, tools, labor, and incidentals necessary to complete the work. The work to be performed under this contract shall include, but not be limited to, the following: The work consists of placing asphalt paving, construction of curb and sidewalk, installation of lighting, construction of drainage, placing an irrigation system, installation of planting, plant establishment, installation of bollards and other pedestrian amenities. Q:\pw\PWENGW_CONTRS\2002\TLC ContractSection2 Revised.doc 66 8/22102 I 1 a I I I I I I I 1 I I I SECTION 10. CONSTRUCTION DETAILS 10-1.01 DUST CONTROL Dust control shall conform to the provisions in Section 10, "Dust Control," of the Standard Specifications and these special provisions. Dust control measures shall be taken 7 days per week regardless of the Contractor's work schedule. During the progress of the work, the Contractor shall keep the entire job site in a clean and orderly condition. Spillage resulting from hauling operations along or across streets, roads, paths or other existing improvements shall be removed immediately by the Contractor. All gutters and roadside ditches shall be kept clean and free from obstruction. Any deviations from this practice must have written approval from the Engineer. The Contractor shall govern his operations and construction methods at all times so as to prevent any dust problems within the area of work, along haul routes or along adjacent properties and shall provide the water wagons, water, labor, or any material or equipment required to provide adequate control of dust to the complete satisfaction of the Engineer. Dust problem is defined as any visible airborne particles within the project site and project haul routes that are a result of the Contractor's activities. When airborne particles are visible and the Engineer orders a dust control application, such work shall be performed within the same day. If Contractor fails to correct the dust problem when so ordered, the City will initiate cleanup by it's own forces or an outside contractor. All costs for said cleanup will be borne by the Contractor and deducted from any monies due him. Street sweepers with dust control systems will be allowed as an alternative for dust control on paved approaches to the project. Power brooms or other similar devices without dust control systems will not be allowed. Any damage resulting from dust shall be the complete and sole responsibility of the Contractor. Before final acceptance of the work, the Contractor shall carefully clean up the work area and premises, remove all surplus construction materials and rubbish of all kinds from the grounds which he has occupied and leave them in a neat condition. Payment No separate payment will be made for any work performed or any material used to control dust resulting from the Contractor's performance of the work, either inside or outside the right of way. Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing dust control, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer, shall be considered as included in the various contract items of work requiring dust control and no additional compensation will be allowed therefor. 10-1.02 MOBILIZATION Mobilization shall conform to the provisions in Section 11, "Mobilization," of the Standard Specifications and to these special provisions. Contractor shall remove, store, and later replace and/or reconstruct existing facilities as may be necessary in order to access the site with equipment and materials necessary for his construction operations. The Contractor shall restore the access points used by its operations to their original condition when no longer required for the work. Limit of removal of existing facilities shall be approved by the Engineer prior to beginning of such work. Payment The contract lump sum price paid for mobilization shall include full compensation for furnishing all labor, materials, Q:\pw\PWENGW_CONrRS\2002\TLC ContracMcw Section l0.doc Page 67 Special Provisions 08/21/02 I 1 a V 1 i p I I I 1 1 tools, equipment, and incidentals, and for doing all the work involved in mobilization, including restoration of the access points. Mobilization payments will be made in accordance with Section 5-1.06D "Mobilization Payments" of these Special Provisions. 10-1.03 PREQUALIFIED AND TESTED SIGNING AND DELINEATION MATERIALS The California Department of Transportation (Caltrans) maintains a trade name list of approved, prequalified and tested signing and delineation materials and products that the Contractor may use on the project. The Contractor's attention is directed to the fact that the City of San Mateo does not maintain or have a copy of the aforementioned list. If the Contractor, at his option, chooses to use any of the signing and delineation materials and products on the list, he shall furnish the Engineer a copy of said list for verification prior to its use. The fact that the signing and/or delineation material is on the list of prequalified and tested products and materials maintained by the State shall not preclude the Engineer from sampling and testing any of the signing and delineation materials or products at any time. The listing of approved prequalified and tested signing and delineation materials and products cover the following: Materials and Products Temporary pavement markers Striping and pavement marking tapes Pavement markers, reflective and non -reflective Flexible Class 1 delineators and channelizers Object and barrier markers Railing, sound wall and barrier delineators Sign sheeting and base materials Reflective sheeting for barricades Reflective sheeting for channelizers Reflective sheeting for markers and delineators Reflective sheeting for traffic cone sleeves Reflective sheeting for barrels and drums None of the above listed signing and delineation materials and products shall be used in the work unless the material or product is listed on the Department of Transportation's (Caltrans) List of Approved Traffic Products. A Certificate of Compliance shall be furnished as specified in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications for signing and delineation materials and products. This Certificate of Compliance shall also certify that the signing and delineation material or product conforms to the prequalified testing and approval of the Department of Transportation, Division of Traffic Operations, and was manufactured in accordance with the approved quality control program. The following is a listing of approved prequalified and tested signing and delineation materials and products: Pavement Markers, Permanent Type Retroreflective a) Apex, Model 921 (4"x4") b) Ray-O-Lite, Models SS, RS, and AA (4"x4") c) Stimsonite, Models 88 (4"x4"), 911 (4"x4"), and 953 (2.75"x4.5") d) 3M Series 290 (3.5"x4") Retroreflective with Abrasion Resistant Surface (ARS) a) Ray-O-Lite "AA" ARS (4"x4") b) Stimsonite, Models 911 (4"x4") and 953 (2.75"x4.5") c) 3M Series 290 (3.5"x4") Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\New section 10.doc Page 68 Special Provisions 08/21/02 I I I I U 1 I I Retroreflective with Abrasion Resistant Surface (ARS) (Used for recessed applications) a) Stimsonite, Model 948 (2.3"x4.7") b) Ray-O-Lite, Model 2002 (2.3"x4.6") c) Stimsonite, Model 944SB (2"x4")* d) Ray-O-Lite, Model 2004 ARS (2"x4")* *For use only in 4.5" wide (older) recessed slots Non -Reflective for use with Epoxy Adhesive, 4" Round a) Apex Universal (Ceramic) b) Highway Ceramics, Inc. (Ceramic) Non -Reflective for use with Bitumen Adhesive, 4" Round a) Apex Universal (Ceramic) b) Abex Universal, Model 929 (ABS) c) Elgin Molded Plastics, "Empco-Lite" Model 900 (ABS) d) Highway Ceramics, Inc. (Ceramic) e) Hi -Way Safety Inc., Models P20 -2000W and 2001Y (ABS) f) Interstate Sales, "Diamond Back" (ABS) and (Polypropylene) g) Alpine Products, D -Dot (ABS) h) Road Creations, Model RCB4NR (Acrylic) Pavement Markers, Temporary Type Temporary Markers for Long Term Day/Night Use (6 months or less) a) Apex Universal, Model 924 (4"x4") b) Davidson Plastics Corp., Model 3.0 (4"x4") c) Elgin Molded Plastics, "Empco-Lite" Model 901 (4"x4") d) Road Creations, Model R41 C (4"x4") e) Vega Molded Products, "Temporary Road Marker" (3"x4") Temporary Markers for Short Term Dav/Night Use (14 days or less) (For seal coat or chip seal applications, clear protective covers are required) a) Apex Universal, Model 932 b) Davidson Plastics, Models T.O.M., T.R.P.M., and "HH" (High Heat) c) Hi -Way Safety, Inc., Model 1280/1281 Striping and Pavement Marking Material Permanent Traffic Striping and Pavement Marking Tape a) Advanced Traffic Marking, Series 300 and 400 b) Brite-Line, Series 1000 c) Swarco Industries, "Director 35" (For transverse application only) d) Swarco Industries, "Director 60" e) 3M, "Stamark" Series 380 and 5730 f) 3M, "Stamark" Series A320 Bisymetric (For use on low -volume roadways only) g) 3M, "Stamark" Series A420, A440, N420, and N440 (For transverse application only) Temporary (Removable) Striping and Pavement Marking Tape (6 months or less) a) Brite-Line, Series 100 b) P.B. Laminations, Aztec, Grade 102 Q:\pw\PWENGW_CONTRS\2002\TLC ContractNew Section I O.doc Page 69 Special Provisions 08/21/02 c) Swarco Industries, "Director -2" d) 3M, "Stamark", Series A620 e) 3M Series A145 Removable Black Line Mask (Black Tape: For use only on Asphalt Concrete surfaces) f) Advanced Traffic Marking Black "Hide -A -Line" (Black Tape: For use only on Asphalt Concrete surfaces) Preformed Thermoplastic (Heated in place) a) Flint Trading, "Premark" and "Premark 20/20 Flex" b) Pavemark, "Hotape" Removable Traffic Paint a) Belpro, Series 250/252 and No. 93 Remover Class 1 Delineators One -Piece Driveable Flexible Tvpe, 66" a) Carsonite, Curve -Flex CFRM-400 b) Carsonite, Roadmarker CRM-375 c) Davidson Plastics, "Flexi-Guide Models 400 and 566" d) FlexStake, Model 654TM e) GreenLine, Models HWD1-66 and CGDI-66 0 J. Miller Industries, Model JMI-375 (with soil anchor) Special Use Flexible Type, 66" a) Carsonite, "Survivor" with 18" U -Channel base b) FlexStake, Model 604 c) GreenLine, Models HWD and COD (with 18" U -Channel base) d) Safe -Hit with 8" pavement anchor (SH248-GPI) e) Safe -Hit with 15" soil anchor (SH248-GP2) and with 18" soil anchor (SH248-GP3) I 1 I I Surface Mount Flexible Type, 48" a) Bent Manufacturing Co., "Masterflex" Model MF-180EX-48 b) Carsonite, "Super Duck II" c) FlexStake, Surface Mount, Models 704 and 754TM Channelizers Surface Mount Type, 36" a) Bent Manufacturing Co., "Masterflex" Models MF-360-36 (Round) and MF-180+36 (Flat) b) Carsonite, "Super Duck" (Flat SDF-436, Round SDR-336) c) Carsonite, Super Duck II, Model SDCF203601MB "The Channelizer" d) Davidson Plastics, Flex -Guide Models FG300LD and FG300UR e) FlexStake, Surface Mount, Models 703 and 753TM f) GreenLine, Model SMD-36 g) The Line Connection, "Dura-Post" Model DP36-3 (Permanent) h) The Line Connection, "Dura-Post" Model DP36-3C (Temporary) i) Repo, Models 300 and 400 j) Safe -Hit, Guide Post, Model SH236SMA Conical Delineators, 42" (For 28" traffic cones, see the Standard Specifications) a) Bent Manufacturing Co., "T -Top" Q:\pw1PWENG\A_CONTRS\20021TLC Contract\New Section 10.doc Page 70 Special Provisions 08/21/02 b) Plastic Safety Systems, "Navigator -42" c) Roadmaker Company, "Stacker" d) TrafFix Devices, "Grabber" Object Markers Type "K". 18" a) Carsonite, Model SMD-615 b) FlexStake, Model 70IKM c) Repo, Models 300 and 400 d) Safe -Hit, Model SH718SMA e) The Line Connection, Model DP21-4K Type "0" Object Markers, 18-24" a) Carsonite, Super Duck II b) FlexStake, Model 701KM c) Repo, Models 300 and 400 d) Safe -Hit, Models SH824SMA WA and SH824GP3_WA e) The Line Connection, Model DP21-4Q Temporary Railing (Type K) Reflectors and Concrete Barrier Markers Impactable Tyne a) ARTUK, "FB" b) Davidson Plastics, Model PCBM-12 c) Duraflex Corp., "Flex 2020" and "Electriflex" Non-impactable Type a) ARTUK, JD Series b) Stimsonite, Model 967 (with 3 1/4" Acrylic cube corner reflector) c) Stimsonite, Model 967LS d) Vega Molded Products, Models GBM and JD Thrie Beam Barrier Markers (For use to the left of traffic.) a) Duraflex Corp., "Railrider" b) Davidson Plastics, "Mini" (3"x10") Concrete Barrier Delineators, 16" (For use to the right of traffic. When mounted on top of barrier, places top of reflective element at 48".) a) Davidson Plastics, Model PCBM T-16 b) Safe -Hit, Model SH216RBM Concrete Barrier -Mounted Mini -Drum (10"x14"x22") a) Stinson Equipment Company, "SaddleMarker" Sound Wall Delineator (Applied to a vertical surface. Place top of reflective element at 48".) a) Davidson Plastics, PCBM S-36 Guard Railing Delineator (Place top of reflective element 48" above plane of roadway.) Wood Post Type, 27" a) Carsonite, Model 427 b) Davidson Plastics, FG 427 and FG 527 Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\New Section 10.doc Page 71 Special Provisions 08/21/02 I 1 I I I I I I t 1 I I I I c) FlexStake, Model 102 GR d) GreenLine, GRD 27 e) J. Miller, Model JMI-375G t) Safe -Hit, Model SH227GRD Steel Post Type, 27" a) Carsonite, Model CFGR-327 with CFGRBK300 Mounting Bracket Retroreflective Sheeting Channelizers, Bather Markers and Delineators a) 3M, High Intensity b) Reflexite, PC -1000 Metalized Polycarbonate c) Reflexite, AC -1000 Acrylic d) Reflexite, AP -1000 Metalized Polyester e) Reflexite, AR -1000 Abrasion Resistant Coating t) Stimsonite, Series 6200 (For rigid substrate devices only) Traffic Cones, 13" Sleeves a) Reflexite, SB (Polyester), Vinyl, or "TR" (Semi -transparent) Traffic Cones, 4" and 6" Sleeves a) 3M, Series 3840 b) Reflexite, Vinyl, "TR" (Semi -transparent), or "Conformalite" Barrels and Drums a) Reflexite, "Super High Intensity" or "High Impact Drum Sheeting" b) 3M Series 3810 Barricades: Type I, Engineering Grade a) American Decal, Adcolite b) Avery Dennison, 1500 and 1600 c) 3M, Scotchlite, Series CW Barricades: Type II, Super Engineering Grade a) Avery Dennison, "Fasign" 2500 Series b) Kiwalite Type II c) Nikkalite 1800 Series Signs: Type II, Super Engineering Grade a) Avery Dennison, "Fasign" 2500 Series b) Kiwalite Type II c) Nikkalite 1800 Series Signs: Type III. High -Intensity Grade a) 3M, Series 3800 b) Nippon Carbide, Nikkalite Brand Ultralite Grade II Signs: Type IV, High -Intensity Prismatic Grade a) Stimsonite, Series 6200 Signs: Type VII, High -Intensity Prismatic Grade a) 3M, Series 3900 Q:\pw\PWENG\A_CONTRS\2002\TLC Convact\New Section 10.doc Page 72 Special Provisions 08/21/02 Signs: Type VI, Roll -Up Signs a) Reflexite, Vinyl (Orange) and "SuperBright" (Fluorescent orange) b) 3M, Series RS34 (Orange) and RS20 (Fluorescent orange) Sign Substrate for Construction Area Signs 1 1 I I I I r 1 I I I I 1 I I Aluminum Fiberglass Reinforced Plastic (FRPPJ a) Sequentia, "Polyplate" b) Fiber-Brite 10-1.04 CONSTRUCTION AREA SIGNS Construction area signs shall be furnished, installed, maintained, and removed when no longer required, by the Contractor, in accordance with the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Contractor shall, at a minimum, provide the following construction area signs: • Ten (10) CI8 "Road Construction Ahead" signs, 48" x 48" • Ten (10) C13 "End Construction" signs, 36" x 12" • Four (4) "Sidewalk Closed, Use Other Side of Street' signs, 48" x 48" Contractor shall also provide construction area signs as required by Section 12-3.06, "Construction Area Signs," of the Standard Specification. The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing any excavation for construction area sign posts. The regional notification centers include, but are not limited to, the following: Notification Center Telephone Underground Service Alert - Northern California (USA) 1(800) 227-2600 All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes. Contractor shall submit a Construction Area Sign Plan to the Engineer for approval prior to placing any signs. Exact construction area sign locations shall be as directed by the Engineer. The Contractor shall receive no additional compensation for the relocation of signs deemed necessary by the Engineer, should he proceed to place signs in advance of having sign locations approved by the Engineer. Payment Construction area signs will be paid for on a lump sum basis, which lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing construction area signs, including erecting or placing, maintaining (including covering and uncovering as needed), and removing when no longer needed for construction, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Q:\pw\PWENGV+_CON7RS12002\TLC Contract\New Section 10.doc Page 73 Special Provisions 08/21/02 I 1 i I I I 1 I' I i r I I I 1 I I 1 10-1.05 MAINTAINING TRAFFIC Attention is directed to Sections 7-1.08, "Public Convenience," 7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications, Section 4-1.09, "Traffic and Access," of these special provisions, and these special provisions. The first paragraph of Section 12-2.02, "Flagging Costs," shall not apply. Nothing in these special provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 7-1.09. The minimum size specified for Type II flashing arrow signs in the table following the second paragraph of Section 12- 3.03, "Flashing Arrow Signs," of the Standard Specifications is amended to read "36 inches by 72 inches". In the Standard Plans, Note 10 on Standard Plan T10, Note 9 on Standard Plan T10A, Note 5 on Standard plan T11, Note 6 on Standard Plan TI2, Note 5 on standard Plan T13, and Note 4 on Standard Plan T14 are revised to read: All traffic cones used for night lane closures shall have reflective cone sleeves as specified in the specifications. The second and third paragraphs of Section 12-3.10, "Traffic Cones," of the Standard Specifications are amended to read: During the hours of darkness traffic cones shall be affixed with reflective cone sleeves. The reflective sheeting of sleeves on the traffic cones shall be visible at 1,000 feet at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective cone sleeves shall conform to the following: 1. Removable flexible reflective cone sleeves shall be fabricated from thereflective sheeting specified in the special provisions, have a minimum height of 13 inches and shall be placed a maximum of 3 inches from the top of the cone. The sleeves shall not be in place during daylight hours. 2. Permanently affixed semitransparent reflective cone sleeves shall be fabricated from the semitransparent reflective sheeting specified in the special provisions, have a minimum height of 13 inches, and shall be placed a maximum of 3 inches from the top of the cone. Traffic cones with semitransparent reflective cone sleeves may be used during daylight hours. 3. Permanently affixed double band reflective cone sleeves shall have 2 white reflective bands. The top band shall be 6 inches in height, placed a maximum of 4 inches from the top of the cone. The lower band shall be 4 inches in height, placed 2 inches below the bottom of the top band. Traffic cones with double band reflective cone sleeves may be used during daylight hours. The type of reflective cone sleeve used shall be at the option of the Contractor. Only one type of reflective cone sleeve shall be used on the project. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient access to cross streets, driveways, and buildings along the line of work shall be maintained. Existing roadway surfaces within the project limits shall remain, except as required for subsurface work, until removal is necessary for construction of the roadway structural section. In this regard, general roadway excavation shall not commence until authorized by the Engineer. The Contractor shall, at a minimum, maintain one continuous 12 -foot wide, paved, traffic lane in each direction and one 5 -foot wide, paved, elevated; pedestrian travel way continuous on one side of the street, through the construction zone at all times. Q:\pw\PWENGV+_CONTRS\2002\TLC Contract\New Section 10.doc Page 74 Special Provisions 08/21/02 1 1 1 i I I 1 I I I 1 I 1 1 I 1 I Vehicle traffic can be reduced to two-way traffic in one lane, with proper flagmen on First and Second Avenue. Traffic on Third Avenue cannot be reduced in any manner during commute hours from 6:30 a.m. to 9:00 a.m. From 9:00 a.m. to 4:00 p.m. traffic can be reduced by one lane with adequate signage and flagging with approval of the Engineer. Contractor shall maintain access to existing businesses at all times. Contractor shall construct, maintain, and later remove when no longer required, such temporary facilities as may be necessary to maintain traffic flow and public access. Such temporary facilities shall include, but are not limited to, asphalt concrete ramps, driveways, and conforms. Compacted aggregate base material or subgrade shall not be open to public traffic, including access to businesses, unless the Contractor has prior written approval from the Engineer. Pedestrian access facilities shall be provided through construction areas within the right of way as shown on the plans and as specified herein. Pedestrian walkways shall be provided with surfacing of asphalt concrete, Portland cement concrete or timber. Surface shall be skid resistant and free of irregularities. Hand railings shall be provided on each side of pedestrian walkways as necessary to protect pedestrian traffic from hazards due to construction operations or adjacent vehicular traffic. Railings shall be constructed of wood, S4S, and shall be painted white. Railings and walkways shall be maintained in good condition by the Contractor. Walkways shall be kept clear of obstructions. Full compensation for providing said pedestrian facilities shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. Full compensation for complying with the provisions in "Maintaining Traffic" shall be considered as included in the various contract items of work and no additional compensation will be allowed therefor. 10-1.06 TRAFFIC CONTROL SYSTEM The traffic control system shall consist of placing temporary construction signs, closing traffic lanes, removing existing pavement delineation and markings, and providing cones, markers, barricades, lights, signs, fiaggers and any other devices necessary to complete the work shown on the plans. All components of the traffic control system shall conform to the provisions of Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications, the provisions of Section 4-1.09, "Traffic and Access," of the special provisions, the provisions under "Maintaining Traffic' and "Construction Area Signs" elsewhere in these special provisions and these special provisions. The provisions in this section will not relieve the Contractor from the responsibility to provide additional devices or take the measures as may be necessary to comply with the provisions in Section 7-1.09, "Public Safety," of the Standard Specifications. The Contractor shall develop and furnish an overall Stage Construction and Traffic Control Plan for all phases of work. The Contractor shall submit the Stage Construction and Traffic Control Plan within FIVE (5) WORKING DAYS after the pre -construction conference. Delays upon the part of the Contractor in submitting a Plan, in the format as outlined in these special provisions and as directed by the Engineer, shall not constitute a valid reason for time extensions should the Contract time elapse before completion of said project. The Contractor is further advised that consideration for adequate review time, as determined by the Engineer, shall be included in the work schedule. The Stage Construction and Traffic Control Plan shall include advisory signs, 3' x 6' minimum, stating expected delays, including dates, times and affected streets. Wording and placement of advisory signs shall be approved by the Engineer: Signs shall be set in place a minimum of seven (7) calendar days prior to commencement of construction site work. The Stage Construction and Traffic Control Plan shall show how the Contractor will complete all the work indicated on Q:\pwWWENGW_CONTRS\2002\TLC Contract\ew Suction l0.doc Page 75 Special Provisions 08/21/02 1 1 1 1 1' I I I 1 I I I I I 1 I I the plans, in conformance with the Standard Specifications and special provisions, while providing for passage of traffic through the construction zone as required in Section 10-12C, "Maintaining Traffic," of these special provisions, including detours and temporary pavement striping and marking at each stage. No construction site work shall commence until the Engineer has approved the Stage Construction and Traffic Control Plan and the required signs have been installed. If any component in the traffic control system (including but not limited to cones, channelizers, barricades, signs, lights, pavement delineation, markers, and markings, and temporary raised pavement markers) is damaged, displaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair or replace said component to its original condition and reinstall the component to its original location at his/her expense. Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall take the necessary precautions and provide additional traffic control measures to protect those who must pass through the work. If the Contractor shall appear to be neglectful or negligent in providing warning or protective measures, the Engineer may direct attention to the existence of a hazard, and require that additional barricades, flashers, warning and detour signs or lights be installed by the Contractor, or additional flaggers provided. Any action or lack of action by the Engineer as provided herein shall not relieve the Contractor from responsibility for public safety. Traffic Control for Pavement Striping During pavement striping operations and pavement marker placement operations using bituminous adhesive, traffic shall be controlled with temporary lane closures, in accordance with the provisions of Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications, or by use of an alternate traffic control plan proposed by the Contractor. The Contractor shall not start pavement striping operations using an alternate plan until he has submitted his plan to the Engineer and has received written approval of said plan. Alternate traffic control plans for striping operations shall conform to the provisions in Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with a new pattern of temporary pavement delineation or permanent pavement delineation. Temporary pavement markers which conflict with a new traffic pattern or which are applied to the final layer of surfacing or existing pavement to remain in place shall be removed when no longer required for the direction of public traffic, as determined by the Engineer. Remove Pavement Markers Existing pavement markers, when no longer required for traffic lane delineation as directed by the Engineer, shall be removed and disposed of. Remove Traffic Stripes and Pavement Markings Existing traffic stripes and pavement markings that are in conflict with temporary and/or permanent traffic stripes and pavement markings shall be removed as shown on the plans and as directed by the Engineer. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within 10 feet of a lane occupied by public Q:\pw\PWENOIA_CONIRS\20021TLC ContractWew section IO.doc Page 76 Special Provisions 08/21/02 I I I 1 1 I 1 1 1 I I I I 1 I I I traffic, the residue including dust shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operation. Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in Section 7-1.09, "Public Safety," of the Standard Specifications. Channelizers Channelizers, when used, shall be surface mounted type and shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Channelizers shall conform to the provisions in "Prequalified and Tested Signing and Delineation Materials," elsewhere in these special provisions. Channelizer posts shall be orange in color. Channelizers, when used, shall be cemented to the pavement using hot melt bitumen adhesive and in the same manner provided for cementing pavement markers to pavement in the section of these special provisions entitled "Pavement Markers." The Contractor shall maintain in good condition all of the components of the Traffic Control System, including but not limited to; temporary pavement markings, markers, striping and edge lines, channelizers, barricades, signs, and cones. The Contractor shall, at his own expense, repair or replace all of said components of the Traffic Control System whether damaged, stolen, or worn out from use, regardless of the quantity or frequency of replacement. Payment The contract lump sum price paid for traffic control system shall include full compensation for furnishing a complete Stage Construction and Traffic Control Plan, for all labor, including flagging costs and pilot car, materials, including all stationary and portable signs, lights, traffic cones, channelizers, and lane delineators, tools, equipment and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the approved Stage Construction and Traffic Control Plan, the Standard Plans, as specified in the Standard Specifications, and these special provisions, and as directed by the Engineer and no additional compensation shall be allowed therefor. Full compensation for removal of existing and temporary pavement delineation, markers, and markings shall be considered as included in the contract lump sum price paid for traffic control system and no additional compensation will be allowed therefor. Full compensation for maintaining the components of the traffic control system, including repair and/or replacement when damaged or otherwise, regardless of the amount or frequency thereof, shall be considered as included in the contract lump sum price paid for traffic control system and no additional compensation will be allowed therefor. 10-1.07 EXISTING HIGHWAY FACILITIES The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. The word "highway" as used herein and in the Standard Specifications is understood to mean City of San Mateo street. Materials not designated to be salvaged or reused on the project shall be removed and disposed of outside the City of San Mateo in accordance with the provisions in Section 7-1.13 of the Standard Specifications. Payment Full compensation for removing, cleaning, salvaging, adjusting to grade, relocating, storing, resetting, and disposing of existing highway facilities, and for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\New Section 10.doc Page 77 Special Provisions 08/21/02 I 1 I 1 I I 1 I I I the work involved in same, unless specified herein below in these special provisions for separate measurement and payment, shall be considered as included in the various contract items of work and no additional compensation will be allowed therefor. 10-1.08 RELOCATE ROADSIDE SIGN Existing roadside signs shall be removed and relocated as shown on the plans, and shall comply with the provisions in Sections 56-2, "Roadside Signs," 15-2.04, "Salvage," and 15-2.05, "Reconstruction," of the Standard Specifications and these special provisions, and as directed by the Engineer. Each roadside sign shall be relocated on the same day said sign is removed from its original location, unless otherwise directed by the Engineer. Signs shall be mounted on new posts. Two holes shall be drilled in each post as required to provide a breakaway feature as shown on State of California, Department of Transportation Standard Plan RS2. If roadside signs shown on the plans to be relocated cannot be placed in their permanent location on the same day as they are removed because of construction, then the Contractor shall place them temporarily on skids in a location visible to traffic as directed by the Engineer. Any damage to permanent surfacing or facilities as a result of the Contractor's operations shall be repaired or replaced, as directed by the Engineer, by the Contractor at the Contractor's expense. Payment The lump sum price paid for signs (relocate, replace, new) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in relocating existing roadside signs as shown on the plans, including new posts, and temporary mounting as may be required, complete in place, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.09 SALVAGE ROADSIDE SIGN Existing roadside signs, where shown on the plans to be salvaged shall be removed and stored onsite until picked up by the City. Roadside signs damaged by the Contractor or his operations that have been designated to be salvaged, shall be repaired or replaced, as directed by the Engineer, by the Contractor at the Contractor's expense. Payment The lump sum price paid for signs (relocate, replace, new) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in salvaging existing roadside signs as shown on the plans, including temporary storage on site until picked up by the City, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. No adjustment of the contract unit price will be made for any increase or decrease in the quantity of roadside signs to be salvaged. Section 4-1.03B, "Increased or Decreased Quantities," of the Standard Specifications shall not apply to the item of work, "Salvage Roadside Sign." Q:1pw\PWENG\A_CONTRS\2002\TLC Contract\New Section l0.doc Page 78 Special Provisions 08/21/02 I 1 S I I I I I I I I I I I 1 I 10-1.10 COLD PLANE ASPHALT CONCRETE PAVEMENT Existing asphalt concrete pavement shall be cold planed at the locations and to the dimensions shown on the plans, and as necessary for providing a minimum thickness of new asphalt concrete in conform areas of driveways, parking lots and alleys as specified in Section 10-1.20, "Asphalt Concrete" of these special provisions. Planing asphalt concrete pavement on city streets shall be performed by the cold planing method. Planing of the asphalt concrete pavement shall not be done by the heater planing method. This requirement may be waived for pave miscellaneous conform areas outside the street right of way if approved by the Engineer. The depth, width and shape of the cut shall be as indicated on the plans or as directed by the Engineer or as required by Section 10-1.20 of these special provisions. The final cut shall result in a uniform surface conforming to the plan details. The outside lines of the planed area shall be neat and uniform. The road surfacing or miscellaneous area surfacing to remain in place shall not be damaged in any way. Cold planing machines shall be equipped with a cutter head not less than 30 inches in width and shall be operated so as not to produce fumes or smoke. The cold planing machine shall be capable of planing the pavement without requiring the use of a heating device to soften the pavement during or prior to the planing operation, except as provided above by special approval of the Engineer. Planed widths of pavement shall be continuous. Following planing operations, a drop-off of more than 0.15 -foot will not be allowed at any time between adjacent lanes open to public traffic. Where transverse joints are planed in the pavement at conform lines no drop-off shall remain between the existing pavement and the planed area when the pavement is opened to public traffic. If asphalt concrete has not been placed to the level of existing pavement before the pavement is to be opened to public traffic a temporary asphalt concrete taper shall be constructed. Asphalt concrete for temporary tapers shall be placed to the level of the existing pavement and tapered on a slope of 30:.1 or flatter to the level of the planed area. Asphalt concrete for temporary tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. Temporary asphalt concrete tapers shall be completely removed, including the removal of all loose material from the underlying surface, before placing the permanent surfacing. Such removed material shall be disposed of outside the City of San Mateo in accordance with the provisions in Section 7-1.13 of the Standard Specifications. Any damage to concrete curbs, curb & gutter, sidewalks, concrete pads, utility frames and covers, manholes and other facilities during planing operations shall be repaired by the Contractor at the Contractor's expense to the satisfaction of the Engineer. The material planed from the roadway surface, including material deposited in existing gutters or on the adjacent traveled way, shall be removed and disposed of outside the City of San Mateo in accordance with the provisions in Section 7-1.13 of the Standard Specifications. Removal operations of planed material shall be concurrent with planing operations and follow within 50 feet of the planer, unless otherwise directed by the Engineer. Planing asphalt concrete pavement will be measured by the square yard. The quantity to be paid for will be the actual area of surface planed and authorized by the Engineer, irrespective of the number of passes required to obtain the depth shown on the plans. Planing beyond the limits shown on the plans, which are not authorized by the Engineer in writing, will not be measured nor paid for. Payment The contract price paid per square yard for plane asphalt concrete pavement shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in planing asphalt Q:\pw\PWENGW_CONrRS\2002\TLC ConnactWew Section 10.doc Page 79 Special Provisions 08/21/02 I I I i 1 I I I I 1 I I I I 1 I concrete surfacing on city streets and disposing of planed material, including furnishing the asphalt concrete for and constructing, maintaining, removing, and disposing of temporary asphalt concrete tapers, as specified in the Standard Specifications and these special provisions and as directed by the Engineer. No adjustment of the Contract bid price will be made for any increase or decrease in quantities of planing asphalt concrete required. The provisions of Section 4-1.O3B, "Increased or Decreased Quantifies," of the Standard Specifications shall not apply to the item of "Cold Plane Asphalt Concrete Pavement". 10-1.11 REMOVE INLETS Existing drainage inlets, where any portion of the structure is within 3 feet of the grading plane in excavation areas, or within one foot of the original ground in embankment areas, or where shown on the plans to be removed, shall be completely removed and disposed of outside the City of San Mateo in accordance with the provisions in Section 7-1.13 of the Standard Specifications. Holes and depressions below the subgrade of new street structural section shall be backfilled with compacted Class 3 aggregate subbase. Frames and grates shall be salvaged and delivered to the City of San Mateo at a location to be determined by the Engineer. Payment The contract unit price paid for remove inlet shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing inlets, including disposal outside the city, salvaging existing frames and grates, and structure excavation and backfill, as shown on the plans, as specified in the Standard Specifications and these special provisions and as directed by the Engineer. Full compensation for salvaging existing frames and grates and delivering to the city at the location designated by the Engineer shall be considered as included in the contract unit price paid for remove inlet and no separate payment will be made therefor. 10-1.12 REMOVE CONCRETE Existing portland cement concrete facilities, where shown on the plans to be removed, shall be completely removed and disposed of outside the City of San Mateo in accordance with Section 7-1.13 of the Standard Specifications. Curb and gutter shall be removed at construction joints or expansion joints only, as directed by the Engineer. Concrete facilities shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1-1/2 inches. Concrete sidewalk or driveway sections to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk, as required. Holes and depressions below the subgrade of new street structural section or new sidewalk, driveway or median subgrade shall be backfilled with compacted Class 3 aggregate subbase. Payment The contract unit price paid per linear foot for remove curb or curb and gutter and per square foot for remove sidewalk or driveway, shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing existing Portland cement concrete and reinforcement including disposal outside the city and backfill as necessary with aggregate subbase, as shown on the plans, as specified in the Standard Specifications and these special provisions and as directed by the Engineer. Removal of concrete electrolier foundations will not be paid for separately, but is considered as included in the cost of Q:1 ow\ PWENGW_CONTRS\20021TLC Contract\New Section lO.doc Page 80 Special Provisions 08/21/02 I I 1 I I I I I I I I I I remove and salvage electrolier. 10-1.13 REMOVE STORM DRAIN PIPE Existing storm drain pipe designated on the plans to be removed, shall be completely removed and disposed of outside the City of San Mateo in accordance with Section 7-1.13 of the Standard Specifications. Holes and depressions below the subgrade of new street structural section or new sidewalk, driveway or median subgrade shall be backfilled with compacted Class 3 aggregate subbase. Portions of existing storm drain pipe identified on the plans to be abandoned under existing facilities to remain shall be completely filled with Portland cement slurry backfill for the entire length of abandoned pipe left in place. Pipe shall be formed and sealed at outlet into existing storm drain inlets to remain prior to filling with slurry so that slurry does not spill into existing inlet and to form a smooth, neat face flush with the existing inlet wall. Payment The price paid per linear foot for remove storm drain pipe shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing and disposing of existing storm drain pipe, backfilling depressions with aggregate subbase or for backfilling abandoned pipe to remain with Portland cement slurry, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.14 ADJUST MISCELLANEOUS UTILITY FRAMES AND COVERS TO GRADE Frames and covers of existing electrical; telephone and cable pull boxes, water meters, water valves, sanitary sewer clean -outs, monitoring wells and other miscellaneous utility covers shall be adjusted to grade in conformance with the provisions of Section 15-2.05, "Reconstruction", of the Standard Specifications, and these special provisions, and as directed by the Engineer. The Contractor shall coordinate with the Engineer and the appropriate utility company to determine on a case -by -case basis whether each utility frame and cover can be reused or shall be replaced by a new frame and cover provided by the utility company or the City of San Mateo. All existing frames and covers to be replaced shall become the property of the contractor and be disposed of as indicated below. All frames and covers in sidewalks or other concrete areas shall be adjusted to final grade prior to placing the new concrete and secured so they will not be dislocated by placement of new concrete. Frames shall be adjusted such that the top of cover, when installed, will be flush with the finished grade of the surrounding new concrete. New concrete shall be placed against the adjusted frame and properly vibrated so that no voids are left, with care taken so that placement of the adjusted frame and cover is not disturbed or altered and frames and covers are not damaged. The adjusted frame and cover shall be protected at all times during placement and curing of concrete so that no concrete or debris can fall into the utility opening or onto the utility cover plate. Any concrete spilled on the utility cover shall be removed by the Contractor to the satisfaction of the Engineer. All frames and covers in asphalt concrete paved areas shall not be adjusted to final grade until the adjacent surfacing has been completed. Frames shall be adjusted such that the top of cover, when installed, will be flush with the finished grade of the surrounding new asphalt concrete. The existing surface to receive a new grade ring or box or upon which the existing frame will be placed is to be cleaned and all cracks and chips are to be filled with cement mortar to form a clean, neat surface equivalent to the surface of a new component. Concrete removal or steel removal shall be performed without damage to any portion that is to remain in place. All damage to the existing concrete or steel, which is to remain in place, shall be repaired with a cement mortar mix or Q:1pw1PWENG\A_CONTRS\20021TLC Contract\New Section 10.doc Page 81 Special Provisions 08/21/02 1 1 I 1 i 1 I I ,1 I I I I I I proper welding to a condition equal to that of a new concrete box or steel fabricated unit. If, in the Engineer's judgement, the repaired utility box or frame is unsuitable, the Contractor shall remove the damaged part, and all parts above it, and then replace or reconstruct the utility box or frame. The cost of repairing and/or replacing existing concrete or steel, which, in the Engineer's judgement, was damaged by the Contractor's operations shall be at the Contractor's expense. All materials removed during adjustment, including the existing frame and cover if it is replaced, shall become the property of the Contractor and shall be disposed of outside the City of San Mateo in accordance with the provisions in Section 7-1.13 of the Standard Specifications. If, in the Engineer's judgement, the existing frame or existing cover is unsuitable, the unsuitable frame or cover shall be replaced with a new frame or cover and paid for as provided in Section 15-2.05 of the Standard Specifications. Unsuitable frames and covers shall become the property of the Contractor and shall be disposed of as provided above. The cost of replacing unsuitable frames and covers, which in the Engineer's judgement were damaged by the Contractor's operations, will be at the Contractor's expense. Payment The contract unit price paid for adjust existing electrical, telephone and cable pull boxes, water meters, water valves, sanitary sewer clean -outs, monitoring wells or other miscellaneous utility frame and cover to grade shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in adjusting the frame and cover to grade, complete in place, including structure excavation and backfill, furnishing and installing grade rings or boxes or additional steel and welding as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.15 CLEARING AND GRUBBING Clearing and grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these special provisions. Clearing and grubbing shall include the removal of all interfering existing improvements and objectionable materials from the limits of construction including irrigation facilities, miscellaneous concrete and metal, fencing, trees, roots, brush, weeds, plants, grasses, and all other objectionable materials, as determined by the Engineer, not specified elsewhere for measurement and payment in these special provisions. Vegetation shall be cleared and grubbed only within the limits of work.. All existing vegetation outside the limits of work shall be protected from injury or damage resulting from the Contractor's operations. The Contractor's attention is specifically directed to the existence of trees, shrubs and decorative plantings that are within the street right of way limits but outside the limit of work, that are to remain and be protected. The Contractor shall coordinate with the City to identify all trees, shrubs and decorative plantings within close proximity to the new back of walk, to be protected, prior to proceeding with clearing and grubbing operations. All activities controlled by the Contractor, except cleanup or other required work, shall be confined within the limits of the new back of sidewalks. Nothing herein shall be construed as relieving the Contractor of his responsibility for final cleanup of the highway as provided in Section 4-1.02, "Final Cleaning Up," of the Standard Specifications. Payment The contract lump sum price paid for clearing and grubbing shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in clearing and grubbing, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer, including removal and disposal of all the resulting material. 10-1.16 WATERING Developing water supply and applying water shall conform to the provisions of Section 17, "Watering," of the Standard Q:\pw\PWENGW CONTRS\2002\TLC Conttact\New Section 10.doc Page 82 Special Provisions 08/21/02 I I i I 1 I 1 I 1 I I I I Specifications and these special provisions. In addition to all other water supply requirements for the construction work, the Contractor's attention is directed to the importance of dust control on this project. The Contractor shall provide dust control at all times including Saturdays, Sundays and holidays as ordered by the Engineer. The Contractor shall diligently control dust resulting from his operations and from public traffic passing through the work by the application of water and/or dust palliative. Whenever the Contractor shall appear to be negligent in controlling dust, the Engineer may direct attention to the existence of a dust hazard and instruct the Contractor to immediately alleviate said hazard. For the purpose of progress payments, payment for this item shall be based on the pro rata share ofthe work completed. When, in the opinion of the Engineer, the Contractor has been inattentive to a dust hazard, any portion of the progress payment for develop and apply water may be withheld until the dust hazard has been corrected. Payment The contract lump sum price paid for develop water supply shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in developing a sufficient supply of water and furnishing pipe lines or other necessary equipment to supply water to the water application equipment for all water required for the work, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.17 EARTHWORK Earthwork shall conform to the provisions in Section 19, "Earthwork," of the Standard Specifications and these special provisions. Roadway excavation shall be considered as including all excavation required by this contract within the roadway prism, and other areas shown on the plans, including asphalt concrete pavement, Portland cement concrete pavement, concrete foundations, and all other materials not designated for separate payment under Section 10-1.16, "Clearing and Grubbing," of these special provisions. Remove base and surfacing shall be considered as roadway excavation. Contractor's attention is directed to the fact that the existing pavement to be removed to construct the on -street parking areas may consist of portland cement concrete with asphalt concrete overlay as indicated on the plans. Removal of underlying portland cement concrete pavement shall be considered as roadway excavation. Excavation or backfill, including imported borrow, as required for driveways, swales, grade to drain areas, and establishment of the design grading plane as shown on the plans and as directed by the Engineer, shall be considered as included in the contract unit price paid per cubic yard for roadway excavation and no separate payment will be made therefor. Roadway excavation shall also include the regrading of areas within and outside of the right of way that are not paved and are affected by the construction activities. Said areas shall be backfilled as necessary with clean native material or imported borrow suitable for planting purposes, or its intended purpose, and compacted and graded as shown on the plans or as directed by the Engineer. All abandoned gas, sewer, water, and other utility pipe lines, except manhole frames, castings, covers, and other iron appurtenances, encountered within the excavation of the roadway prism shall become the property ofthe Contractor and shall be removed and disposed of outside the City of San Mateo in accordance with the provisions of Section 7-1.13 of the Standard Specifications. Removing concrete shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Concrete removed shall be disposed of outside the City of San Mateo in Q:\pw\PWENGW_CONTRS\20021TLC Contract\New Section lO.doc Page 83 Special Provisions 08/21/02 accordance with the provisions of Section 7-1.13 of the Standard Specifications. 1 1 I I 1 I I I I I I I All existing asphalt concrete must be removed at least to the top surface of the underlying aggregate base material, even if it is below the rough grading plane. The Contractor at his option may use the cold planing method of removing the existing asphalt concrete. Grindings with no aggregate size greater then 3 inches may be disposed of at the City dump on Third Avenue (now closed to general dumping). Roadway excavation shall be performed to the limits and elevations shown on the plans and as specified in these special provisions. Property, improvements, and landscaping that are to remain and are damaged as a result of the Contractor's operations, whether inside or outside the project limits, shall be repaired or replaced by the Contractor entirely at the Contractor's expense. Any damage to utility facilities resulting from the Contractor's operations, as determined by the Engineer, shall be repaired by the Contractor entirely at the Contractor's expense and to the satisfaction ofthe Engineer. The Contractor's attention is further directed to Section 19-1.02, "Preservation of Property," of the Standard Specifications. Conform lines where shown on the plans, except for areas to be cold planed, shall be sawcut to a neat line before excavation. The sawcut line shall first be delineated in the field by the Contractor and approved by the Engineer. Sawcuts shall be made with a power driven saw to a minimum depth of 0.17 feet. The Contractor shall conduct operations in such a manner that existing paved roadway surfaces within the project limits remain, except as required for subsurface work, until removal is necessary for construction of the new roadway structural section. In this regard excavation shall not commence until authorized by the Engineer. The Contractor's attention is directed to Section 10-1.05, "Maintaining Traffic," of these special provisions. Upon completion of rough grading at the grading plane, or placing any subsequent layer thereon, the surface of the roadbed shall be brought to a smooth, even condition free of humps and depressions, satisfactory for use of public traffic. However, public traffic shall not be allowed to travel on the unprotected subgrade of the roadway, unless specificallyapproved by the Engineer, pursuant to the requirements to protect the subgrade material from structural damage as specified in Section 10-1.18, "Earthwork," of these special provisions. After the surface of the roadbed has been brought to a smooth and even condition for the passage of public traffic as above provided, any work ordered by the Engineer for the accommodation of public traffic prior to commencing subgrade operations shall be performed by the Contractor, entirely at the Contractor's expense. Paragraph 15 of Section 7-1.08 of the Standard Specifications shall not apply. After subgrade preparation for a specified layer of material has been completed, the Contractor shall, at his expense, repair any damage to roadbed or completed subgrade, including damage caused by his operations or use by public traffic. Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the City of San Mateo in accordance with the provisions in Section 7-1.13 of the Standard Specifications and in conformance with local agency requirements. Payment Roadway Excavation is a final pay item. The Contractor's attention is directed to Section 5-2.02, "Measurement of Quantities," of these special provisions, regarding final pay items. The contract unit price paid per cubic yard for roadway excavation shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in roadway excavation and backfill as necessary to set the design grade, including special operational procedures and equipment required to protect the subgrade, disposal of excavated materials, and importing of borrow material, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. The Contractor is reminded that the item "Roadway Excavation" is a Final Pay item and the estimated quantity of Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\New section 10.doc Page 84 Special Provisions 08/21/02 1 I 1 r I I1 11 I I I i I roadway excavation shown in the Schedule of Bid Items is the actual and final quantity that will be paid in accordance with Section 9-1.015, "Final Pay Quantities," of the Standard Specifications. Removal of curb and gutter, sidewalk, and driveway will be measured and paid for separately as specified in Section 10-1.12, "Remove Concrete," of these special provisions. Full compensation for sawcutting existing surfacing shall be considered as included in the contract price paid for roadway excavation and no additional compensation will be allowed therefor. Full compensation for importing borrow material as necessary, and for grading or regrading material as necessary, to set design grades as shown on the plans or as may be called out in the Standard Specifications or these special provisions shall be considered as included in the contract price paid for roadway excavation and no additional compensation will be allowed therefor. No adjustment of the Contract bid price will be made for any increase or decrease in quantities of Roadway Excavation required. The provisions of Section 4-1.03B, "Increased or Decreased Quantities," ofthe Standard Specifications shall not apply to the item of "Roadway Excavation." 10-1.18 AGGREGATE BASE Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, "Aggregate Bases," of the Standard Specifications and these special provisions. The first paragraph of Section 26-1.02A, "Class 2 Aggregate Base," of the Standard Specifications is amended by adding the following sentence: Aggregate shall be produced from commercial quality aggregate consisting of broken stone, crushed gravel, natural clean, rough -surfaced gravel and sand, or a combination thereof. The grading of aggregate for Class 2 aggregate base shall conform to the 3/4 -inch maximum grading as provided in Section 26-1.02A, "Class 2 Aggregate Base," of the Standard Specifications. Aggregate base shall be placed where shown on the plans (including placement as a base course as necessary for temporary driveway, temporary walkway, driveways, curbs, curb ramps, sidewalks, and asphalt concrete pavement), as specified in these special provisions and as directed by the Engineer. Any damage to the subgrade due to the Contractor's negligence or violation of these special provisions shall be repaired by the Contractor as discussed in Section 10-1.18 to the satisfaction of the engineer at no additional cost to the City of San Mateo. Payment The contract unit price paid per ton for Class 2 aggregate base shall include full compensation for furnishing all labor, materials (including water in the material at the time of weighing as provided in Section 26-1.06, "Measurement," of the Standard Specifications), tools, equipment and incidentals and for doing all the work involved in furnishing and placing the Class 2 aggregate base, complete in place, including special procedures and/or equipment necessary to protect the subgrade, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.19 ASPHALT CONCRETE Asphalt concrete shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions. Asphalt concrete used for paving the roadway and other areas not specifically designated on the plans as place asphalt Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\New Section l0.doc Page 85 - Special Provisions 08/21/02 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 concrete (miscellaneous area) shall be Type B, meeting the %" Maximum, Medium aggregate grading requirement as specified in Section 39 of the Standard Specifications. The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the Engineer in accordance with California Test 367 using the samples of aggregates furnished by the Contractor in conformance with Section 39-3.03, "Proportioning," of the Standard Specifications. Asphalt concrete designated on the plans as place asphalt concrete (miscellaneous area), shall be Type B, meeting the %2" Maximum, Medium aggregate grading requirement as specified in Section 39 of the Standard Specifications. The amount of asphalt binder used in asphalt concrete for place asphalt concrete (miscellaneous area) shall be increased one percent (1 %) by mass of the aggregate over the amount of asphalt binder determined for used in asphalt concrete placed on the roadway. Asphalt concrete pavement shall be compacted to a minimum of 95 percent relative compaction. The Contractor will be responsible for any damage to existing or new curbs, gutters, and driveways. Any asphalt concrete or asphaltic emulsion stains occurring during the course of this Contract will be cleaned by sandblasting, or any other method satisfactory to the Engineer. At road intersection conforms additional asphalt concrete surfacing material shall be placed and hand raked, if necessary, and compacted to form smooth transitions between the new pavement cross section and the existing crowned pavement sections. The Contractor is further advised that it will be his responsibility to assure that the existing drainage patterns are to be maintained at all locations, as indicated on the plans, or as directed by the Engineer. The Contractor's attention is directed to Paragraph 12 of Section 39-6.01, "Spreading and Compacting," of the Standard Specifications: "Longitudinal joints in the top layer shall correspond with the edges of proposed traffic lanes. Longitudinal joints in all other layers shall be offset not less than 0.5 -foot alternately each side of the edges of traffic lanes." A drop of more than 0.15 -foot will not be allowed at any time between adjacent lanes open to traffic. Payment The contract unit price paid per ton for asphalt concrete (Type B) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in constructing asphalt concrete (Type B), complete in place, as shown on the plans and as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work necessary to hand rake roadway intersection conforms shall be considered as included in the contract price paid per ton for asphalt concrete and no additional compensation will be allowed therefor. Asphalt concrete (Type B) used for temporary facilities in order to maintain public vehicular and pedestrian traffic through the work area and to maintain access to adjacent businesses and that are not shown on the plans, shall not be measured and paid for separately and shall be considered as included in the various contract items of work as specified in Section 12C, "Maintaining Traffic," of these special provisions. 10-1.20 PORTLAND CEMENT CONCRETE PAVEMENT Portland cement concrete pavement shall conform to the provisions in Section 40, "Portland Cement Concrete Pavement," of the Standard Specifications and these special provisions, and as directed by the Engineer. Q:\pw\PWENGIA_CON7RS\2002\TLC Contract\New Section nl.doc Page 86 Special Provisions 08/21/02 11 11 I 1 f ' I Dust -on hardener for parking areas shall be "Lithochrome" by L.M. Scofield Company, Los Angeles, Ca. (800-800- 9900) or approved equal. The color to be determined by the City. Dust -on hardener shall be installed in accordance with the manufacturer's recommendations. Payment The contract unit price paid per square foot for portland cement concrete pavement shall include full compensation for furnishing all labor, materials (including cement in the amount specified), tools, equipment, andincidentals, and for doing all the work involved in constructing portland cement concrete pavement, complete in place, including reinforcement, and subgrade preparation, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.21 REINFORCEMENT Reinforcement shall conform to the provisions in Section 52, "Reinforcement," of the Standard Specifications and these special provisions. Measurement and Payment Full compensation for furnishing and placing all reinforcing steel (including wire mesh and dowels) shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed therefore. 10-1.22 ROADSIDE SIGNS Roadside signs shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these special provisions. Payment The contract lump sum price paid for roadside signs (relocate, replace, new) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in relocating, salvaging, furnishing and installing roadside signs and object markers, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.23 HDPE PLASTIC STORM DRAIN PIPE Storm drain pipe of the types and sizes shown on the plans shall conform to the provisions in Section 64, "Plastic Pipe," of the Standard Specifications and these special provisions, unless otherwise noted. Plastic pipe for storm drain systems shall have a smooth interior and annular exterior corrugations conforming to AASHTO M294, Type S. All pipe and fittings shall be made of high density polyethylene (HDPE) material meeting the requirements of ASTM D3350, minimum cell classification 335420C. Except as otherwise designated by classification on the plans or in the specifications, joints for culvert and drainage pipes shall conform to the plans or specifications for standard joints. Pipe bedding and backfill shall conform to the details shown on the plans and shall conform to the provisions in Section 19-3, "Structure Excavation and Backfill," of the Standard Specifications. Payment The contract unit prices paid per linear foot for the various sizes of plastic (HDPE) storm drain pipe shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing storm drain pipe, complete in place, including structure excavation and structure backfill, replacement paving where pipe is installed under existing street to remain, and connecting new pipe to existing or new facilities, including concrete collars or concrete tees and reinforcement, as shown on the plans, as specified in the Standard Q:\pw\PWENGV+_CONTRS\20021TLC Contract New Section 10.doc Page 87 Special Provisions 08/21/02 Specifications and these special provisions, and as directed by the Engineer. 10-1.24 STORM DRAIN INLETS Storm drain inlets shall be provided or constructed as detailed on the plans, and shall conform to the provisions in Section 51-1.02, "Minor Structures," and Section 70, "Miscellaneous Facilities," of the Standard Specifications and these special provisions, and as directed by the Engineer. Frames and grates shall conform to the provisions in Section 75, "Miscellaneous Metal," of the Standard Specifications. Grates shall be bicycle proof. Inlets shall be covered in an acceptable manner, as determined by the Engineer, to allow for vehicular traffic up until the time the structure is raised to grade. Type SG Inlets Inlets identified on the plans as Type SG shall be constructed as shown on the plan details for Type SG inlet. Inlet boxes shall be precast concrete, Santa Rosa Cast Products Company, Model 2K, or approved equivalent. All structures and grates in traffic areas shall be designed to withstand H-20 highway loading. Drop inlets may be poured in two or more units and shall be provided with interlocking joints. Lifting holes shall be provided to facilitate job handling. The following material and specifications are to be used by the manufacturer: 1. The minimum compressive strengths of concrete shall be 3000 psi. 2. Portland cement, Type H, modified shall conform to ASTM C-150. 3. Aggregates shall conform to ASTM C-33. 4. Reinforcing shall consist of welded wire fabric conforming to ASTM A-185 and/or bars grade 60 steel conforming to ASTM A-615. Frame and grate shall be Santa Rosa Cast Products Company, Standard Bicycle Proof Frame and Grate for Drop Inlet, Model BK, or approved equal. Frame and grate shall be hot dipped galvanized after fabrication per ASTM A-123 and shall include a grate locking device. Payment Storm drain inlets shall be measured and paid for per each of actual count in place of the type(s) shown on the plans and listed in the Schedule of Bid Items. The contract unit price paid per each for Type SG storm drain inlet shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing Type SG storm drain inlets, complete in place, including frame and grate, structure excavation and structure backfill, reinforcement, and connecting to new or existing facilities, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.25 STORM DRAIN MANHOLE Storm drain manholes shall be constructed as shown on the plan details for Storm Drain Manhole, and shall conform to the provisions in Section 70, "Miscellaneous Facilities," of the Standard Specifications and these special provisions, and as directed by the Engineer. Storm drain manhole boxes shall be precast concrete, Santa Rosa Cast Products Company, Model 1R, or approved equivalent. All structures and grates in traffic areas shall be designed to withstand H-20 highway loading. Drop inlets may be poured in two or more units and shall be provided with interlocking joints. Lifting holes shall be provided to facilitate job handling. The following material and specifications are to be used by the manufacturer: 1. The minimum compressive strengths of concrete shall be 4000 psi. 2. Portland cement, Type II, modified shall conform to ASTM C-150. 3. Aggregates shall conform to ASTM C-33. QApw\PWENO1A_CONTRS\2002\TLC Contract New Section 10doc Page 88 Special Provisions 08/21/02 1 1 1 1 1 1 1 r 1 I 1 1 1 4. Reinforcing shall consist of welded wire fabric conforming to ASTM A-185 and/or bars grade 60 steel conforming to ASTM A-615. Frame and cover for storm drain manhole shall be Type "B" in accordance with City of San Mateo standard plans and shall comply with the provisions in Section 75, "Miscellaneous Metal," of the Standard Specifications. Payment The contract unit price paid per each for storm drain manhole shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing storm drain manhole, complete in place, including structure excavation and structure backfill, frame and cover, pavement removal and restoration, and connecting to new or existing facilities, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.26 MISCELLANEOUS CONCRETE CONSTRUCTION (MINOR CONCRETE) Curbs, driveways, sidewalks, curb ramps, and footings, shall be Class B concrete and shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalks," and Section 90-10, "Minor Concrete," of the Standard Specifications and these special provisions, and as directed by the Engineer. All sidewalk constructed adjacent to curbs shall be poured monolithic with curb unless otherwise approved in writing by the Engineer. Saw cuts shall be full depth. Expansion joints shall be placed as shown on the plans. Expansion joints shall be filled with 1/2 -inch thick premolded joint filler conforming to the provisions in Section 51-1.12C, "Premolded Expansion Joint Fillers," of the Standard Specifications. The joint filler shall be shaped to the cross section of the curb. Concrete for curb and gutter, sidewalk and driveway shall have 1 lb. or 1 pint of lampblack added per cubic yard of concrete mix. Curing of concrete curbs, gutters, sidewalks, curb ramps, driveways; curb walls and planter walls shall conform to the provisions in Section 90-7.01 C, "Waterproof Membrane Method," of the Standard Specifications. Mock-ups Prior to constructing any architectural concrete paving, Contractor shall construct, at an on -site location specified by the Engineer, individual mock-ups showing each concrete paving finish specified and shown on the plans. Mock-ups shall include sealant joint preparation. Each finish shall be 4' x 4' minimum. Mock-ups shall be approved by the Engineer. All architectural concrete paving shall match approved mock-ups. Contractor shall remove and dispose of mock-ups after completion of work and dispose of off -site. Concrete Paving Type 1 — Decorative Walks Type 1 concrete paving shall have integral color mixture: L.M. Schofield, Chromix #C-20 "Limestone," per manufacturer's specifications. Type 1 concrete paving shall have a buffwash finish as specified herein. Concrete Paving Type 2 — Bands at Interlocking Pavers Type 2 concrete paving shall have integral color mixture: L.M. Schofield, Chromix #C-34 "Dark Grey," per manufacturer's specifications. Q:\pw\PWENGIA_CONTRS12002\TLC Conhact\New Section lOAoc Page 89 Special Provisions 08/21/02 I 1 I 1 I 1 1 Type 2 concrete paving shall have a light to medium broom finish as specified herein. Concrete Paving Type 3 - Plaza Type 3 concrete paving shall have integral color mixture: L.M. Schofield, Chromix #C-20 "Limestone," per manufacturer's specifications. Stain for Type 3 concrete paving shall be L.M. Schfield, Lithochrome Chemstain #CS -16, "Faded Terra Cotta." Type 3 concrete paving shall have a buffwash finish as specified herein. Concrete Paving Type 4 — Wave Band Type 4 concrete paving shall have integral color mixture: L.M. Schofield, Chromix #C-14 "French Grey," per manufacturer's specifications. Stain for Type 4 concrete paving shall be L.M. Schfield, Lithochrome Chemstain #CS -1 1, "Fern Green." Type 4 concrete paving shall have a sandblast finish as specified herein. Concrete Paving Type 5 — Star Type 4 concrete paving shall have integral color mixture: L.M. Schofield, Chromix #C-14 "French Grey," per manufacturer's specifications. Stain for Type 4 concrete paving shall be L.M. Schfield, Lithochrome Chemstain #CS -11, "Fern Green." Type 4 concrete paving shall have a sandblast finish as specified herein. Buffwash Finish: a) Rotary finish shall be produced on partially -hardened concrete. The surface shall be thoroughly wetted and brushed with stiff fiber or wire brushes, using water freely, until the surface mortar is removed and the aggregate uniformly exposed. The surface shall be rinsed with clean water. b) Expose fines and matrix to match mock-up. c) Non -ramp surfaces shall provide a coefficient of friction in excess of 0.60 (wet) per ASTM C 1028. Ramp surfaces shall provide a coefficient of friction in excess of 0.80 (wet) per ASTM C 1028. d) Sandblast Finish: a) The concrete surface shall be sandblasted. Unless otherwise specified, degree of sandblasting shall be light. (Light sandblasting is sandblasting sufficient to expose fine aggregate with occasional exposure of coarse aggregate; exposed coarse aggregate should not project more thanl /16 inch. b) Apply surface retarder to all surfaces designated to receive sandblast finish in accordance with manufacturer's Application Instructions. c) Wash off retarder within 16 hours to expose aggregate. Remove sufficient surface to expose coarse aggregate to a depth of 1/8 inch. Payment The contract unit price paid for each miscellaneous concrete item listed in the Schedule of Bid Items shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing each respective item, complete in place as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Full compensation for furnishing and placing bar reinforcing steel, dowels, anchor bolts, washers and nuts for ornamental fence posts, welded wire fabric, fiber reinforcing, integral concrete coloring, expansion joints, weakened plane joints, scoring, and any other items identified in each respective plan detail shall be considered as included in the contract unit price paid for the various contract items of work listed above and no separate payment will be made Q:\pw1PWENG\A_CONTRS\2002\TLC.Contrac0New Section l0.doc Page 90 Special Provisions 08/21/02 therefor. Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing mock-ups shall be considered as included in the prices paid for the various items of work involved and no additional compensation will be allowed therefor. Class 2 aggregate base placed under curbs, curb & gutter, sidewalks, curb ramps, and driveways, shall be measured and paid for separately as specified in Section 26, "Aggregate Base," of these special provisions. 10-1.27 UNIT BRICK PAVERS Unit brick pavers shall conform to the details shown on the plans, as specified herein, and as directed by the Engineer. Materials used in the construction of the unit brick paving shall meet or exceed the requirements contained in the following ASTM standards: ASTM C 67 Specification for Method of Sampling and Testing Brick and Structural Clay ASTM C 144 ASTM C 150 ASTM C 216 ASTM C 418 ASTM C 902 ANSI A 118.10 Specification for Aggregate for Masonry Mortar Specification for Portland Cement Specification for Face Brick (Solid Masonry Units Made from Clay or Shale) Specification for Test Method for Abrasion Resistance Specification for Pedestrian and Light Traffic Paving Brick Specification for Dry -Set Portland Cement Contractor shall submit six (6) full-sized samples of paving units, showing color ranges and unit dimensions. Final units installed shall match the approved samples. Contractor shall prepare a mock-up panel(s), approximately four (4) feet by six (6) feet in a location as directed by the Engineer, using methods and materials to be used in the final construction. Panels shall show the color range and texture of the pavers, the bond pattern, the width and treatment of grout joints, corner treatment, and related details. The Contractor shall receive written approval of the mock-up panel(s) from the Engineer prior to start of unit paving operations. Payment The contract prices paid per square foot for unit brick pavers as listed in the Schedule of Bid Items shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and installing unit brick pavers as shown on the plans, including bedding materials and subgrade preparation, as specified in these special provisions, and as directed by the Engineer. Full compensation for constructing mock-ups shall be considered as included in the various contract items of work involved and no additional compensation will be allowed therefore. 10-1.28 PAVEMENT DELINEATION Traffic stripes and pavement markings shall comply with the provisions in section 84, "Traffic Stripes and Pavement Markings," of the Standard Specifications; these special provisions, the Standard Plans, and as directed by the Engineer. Pavement markers shall conform to the provisions in Section 85, "Pavement Markers," of the Standard Specifications, these special provisions, the Standard Plans, and as directed by the Engineer. Traffic stripes and pavement markings shall be thermoplastic unless otherwise noted on the plans. Paint Curb (2 -Coat) Q:\pw1PWENG\A_CONTRS12002\TLC Contract\New Section 10.doc Page 91 Special Provisions 08/21/02 Paint curb (2 -Coat) shall conform to the provisions in Sections 59-6, "Painting Concrete," of the Standard Specifications and these special provisions. I 1 I I Curbs that are shown on the plans to be painted shall be painted (2 -Coat). The entire face of curb and top of curb shall be painted as directed by the Engineer. Solvent borne paints shall not be used in San Mateo County. The State Specification No. For glass beads in Section 84-3.02, "Materials," of the Standard Specification is amended to read "8010-21C-22 (Type II)." Thermoplastic Traffic Stripes And Pavement Markings The State Specification No. for glass beads in Section 84-2.02, "Materials," of the Standard Specifications is amended to read "8010-21C-22 (Type II)." PAVEMENT MARKERS Paragraph 6, Section 85-1.06, Placement," of the Standard Specifications, stating that markers shall not be placed on new asphalt concrete surfacing until surfacing has been opened to public traffic for a period of not less than 14 days, shall not apply. Pavement markers shall be placed to the line and limits established by the Engineer, as shown on the plans, and the Standard Plans, All additional work necessary to establish a satisfactory line for markers shall be performed by the Contractor, including correction of minor irregularities. At the option of the Contractor, a hot melt bituminous adhesive may be used to cement the markers to the pavement instead of the Rapid Set Type or Standard Set Type epoxy adhesive specified in Section 85-1.06, "Placement," of the Standard Specifications. Bituminous adhesive material shall conform to the following: Specification ASTM Designation Requirement Flash Point, COC, °F D92 550 Min. Softening Point,°F D36 200 Min. Brookfield Thermosel Viscosity, Centipoise, No. 27 Spindle, 20 RPM, 400°F D4402 3,000-6,000 Penetration, dmm, 100g, 5. Seconds, 77°F D5 10-20 Filler Content, percent by weight (Insoluble in 1,1,1 Trichloroethane) D2371 65-75 Filler material used in bituminous adhesive shall be Type PC, Grade III, calcium carbonate conforming to the requirements of ASTM Designation: DI 199, and shall conform to the following fineness: Sieve Size Percent Passing No. 100 100 No. 200 95 No. 325 75 Q:\pw\PWENG\A_CONTRS\2002\TLC ContractWew Section 10.doc Page 92 Special Provisions 08/21/02 Bituminous adhesive shall be heated indirectly in an applicator with continuous agitation or recirculation. Bituminous adhesive shall not be heated above the maximum safe heating temperature recommended by the manufacturer and shall not be applied at temperatures greater than 425°F nor less than 375°F. 1 1 1 1 I 1 I I 1 Immediately after application of the adhesive, pavement markers shall be placed in position and pressure applied until firm contact is made with the pavement. Placement of pavement markers using bituminous adhesive shall conform to the requirements of the third, fourth, ninth, and tenth paragraphs in said Section 85-1.06 of the Standard Specifications, except as follows: 1. Markers shall not be placed when the pavement or air temperature is 50°F or less. 2. Blast cleaning of clean, new asphalt concrete surfaces will not be required. When bituminous adhesive is used for pavement marker placement, traffic control during placement operations shall conform to the requirements of"Maintaining Traffic" of these special provisions. The Contractor shall take all necessary precautions to protect newly installed markers from disturbance until the Engineer determines the adhesive has set sufficiently to bear traffic. Disturbed pavement markers shall be reset by the Contractor, entirely at the Contractor's expense. No separate payment will be made for the resetting of disturbed or damaged pavement markers. Blue fire hydrant markers shall be placed in accordance with Caltrans Traffic Manual figure 6-48 and as directed by the Engineer. Payment The contract lump sum price paid for pavement delineation shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and installing all pavement delineation, paint, markers, reflective markers, and thermoplastic stripes and markings, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.29 CONTROL ACCESS GATE Control access gate shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the details in the plans and these special provisions. Payment The contract unit price paid per each for control access gate shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and installing control access gate, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.30 ORNAMENTAL TREE GRATE Ornamental tree grates shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the details in the plans and these special provisions. Ornamental tree grates shall be installed in accordance with the manufacturer's recommendations. Tree grates shall be of cast iron and shall conform to ASTM A-48-76 Class 35 or better. Tree grates, when seated, shall be flush with the top of the frame. Tree grates and frames shall be level with the surrounding sidewalk. Tree grates shall be Neenah Foundry Company, Model R -8838-A 180 degrees Round and Model R-8708 180 degrees Q:\pwwWWENGW_CONTRS\2002\TLC Contract'New Section l0.doc Page 93 Special Provisions 08/21/02 I I 1 1 I 1 1 1 1 I I I 1 1 I 1' Square, or approved equal. Backfill shall be suitable for planting, as specified elsewhere in these special provisions. Payment The contract unit price paid per each for ornamental tree grate shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and installing ornamental tree grate, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.31 DECORATIVE STEEL BOLLARD Decorative Steel Bollard shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the details in the plans and these special provisions. Decorative Steel Bollard shall be Spring City Electrical Manufacturing Company, Newburyport Iron Bollard, or approved equal. Payment The contract unit price paid per each for bollard shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and installing bollard, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.32 TRASH RECEPTACLE Trash Receptacle shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the details in the plans and these special provisions. Trash receptacle shall be Victor Stanley, Ironsites Series Model #S-42 with 10 -inch diameter stainless steel ashtray, 'Dark Green', or approved equal. Payment The contract unit price paid per each for trash receptacle shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and installing trash receptacle, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.33 RECYCLE BIN Recycle bin shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the details in the plans and these special provisions. Recycle Bin shall be Victor Stanley, Ironsites Series Model #S-42 with custom plaque, 'Dark Green', or approved equal. Payment The contract unit price paid per each for recycle bin shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and installing recycle bin, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.34 BENCH Bench shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the Q:\pw\PWENGW_CONTRS\2002\TLC Contract\New Section 10.doc Page 94 Special Provisions 08/21/02 I I V I I I I I 1 I 1 L I details in the plans and these special provisions. Bench shall be Columbia Cascade Company, Timberform Site Furniture, Renaissance Bench with 3" armrests: Model 2807, 'Dark Green' or approved equal. Payment The contract unit price paid per each for bench shall include full compensation for furnishing all labor, materials, tools, equipment; and incidentals, and for doing all the work involved in furnishing and installing bench, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.35 PLANTER Planter shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the details in the plans and these special provisions. A. Pots shall be as manufactured by Quickcrete Products, (919)737-6240, Contact Brian Gotz. Pot types and sizes to be furnished: Pot Key Model Number A QR-SR-3622p in color C 12, with T7 finish B QR-SR-2418p in color C 12, with T7 finish C QR-SR-2418p in color C 12, with T7 finish C. Pot quantities shall be as shown on the drawings. D. Furnish and install Quickrete matching saucers for all pots. Saucers to be sized per manufacturers' parts list. E. Interior sealer for pots shall be Vulkem 102 per Section 07120. F. Exterior sealer shall be factory -applied, matte finish. G. All pots shall be cast with 1/2" threaded PVC insert for drainage at base of pot (side outlet). Provide 1/2" threaded flush plug for each pot. Q:\pw\PWENGW_CONTRS\2002\TLC ContractWew Section lO.doc Page 95 Special Provisions 08/21/02 I I I r I t 1 J I I I I I 1 Payment The contract unit price paid per each for planter include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and installing planter, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.36 BIKE RACK Bike Rack shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the details in the plans and these special provisions. Bike Rack shall be Columbia Cascade Company, Cycloops,: Model 2173 -P -C, 'Dark Green' or approved equal. Payment The contract unit price paid per each for bike rack shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and installing bike rack, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.37 TLC PLAQUE TLC Plaque shall be furnished by the City and installed at the location shown on the plans or where directed by the Engineer, and shall conform to the details in the plans and these special provisions. Payment The contract unit price paid per each for TLC plaque shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing TLC plaque, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.38 VINE TRELLIS STRUCTURE Vine Trellis Structure shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the details in the plans and these special provisions. Payment The contract unit price paid per each for vine trellis structure shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and installing vine trellis structure, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Q:\pw\PWENGIA CONTRS12002\TLC Contract\New Section 10.doc Page 96 Special Provisions 08/21/02 I I I I I I I I I I 1 10-2.01 IRRIGATION SYSTEMS PART 1— GENERAL 1,1 THE REQUIREMENT A. The CONTRACTOR shall furnish all materials, equipment and labor necessary to complete all irrigation systems and related WORK as shown on the Drawings and/or as specified herein. B. The Plans indicate the general arrangement of piping and equipment, but do not necessarily indicate all offsets, fittings and accessories that may be required. The CONTRACTOR shall furnish any incidental materials and labor not specifically called for but required to provide an irrigation system which will operate efficiently and provide adequate coverage. C. Work Covered in this Section: 1. Selecting appropriate and acceptable irrigation system materials and accessories. 2. Installing a functional and complete irrigation system with electronic controller. 3. Testing an irrigation system to assure compliance with all applicable codes, standards and recommendations. 4. Establishing and setting appropriate and acceptable run-times for each station on the irrigation controller. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Section 10-01.17 Utility Earthwork B. Section 10-02.02 Landscape Planting C. Section 10-02.03 Landscape and Irrigation Maintenance Q:\pw\PWENGW_CONTRS\2002\TLC Contract\New Section 10.doc Page 97 Special Provisions 08/21/02 I I I I t I I I I 1 I I I I 1.3 REFERENCE SPECIFICATIONS CODES, AND STANDARDS A. Federal Specifications and Standards: NEC National Electric Code AASHTO American Association of State Highway and Transportation Officials B. State of California (Caltrans) Standards: 1. Standard Specifications: Section 20-5 Irrigation Systems C. Commercial Standards: ASTM D 1785 Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120. ASTM D 2241 Specification for Poly(Vinyl Chloride) (PVC) Pressure -Rated Pipe (SDR Series). ASTM D 2464 Specification for Threaded Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80. ASTM D 2466 Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40. ASTM D 2467 Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80. ASTM D 2564 Specification for Solvent Cements for Poly(Vinyl Chloride) (PVC) Plastic Piping Systems. ASTM D 2737 Standard Specification for Polyethylene (PE) Plastic Tubing. ASTM D 2855 Standard Practice for Making Solvent -Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings. ASTM F 656 Specification for Primers for Use in Solvent Cement Joints of Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings. UL Underwriters' Laboratories Inc. NSF National Sanitation Foundation 1.4 CONTRACTOR SUBMITTALS A. Submittals shall be provided by the CONTRACTOR as required by this Section. B. The CONTRACTOR shall retain all manufacturer documentation and warranty information accompanying the installed equipment. Said documentation and warranty information shall be submitted to the ENGINEER upon request, but not later than the date when the installation is complete. C. If the CONTRACTOR wishes to substitute the materials, products, or manufacturers' explicitly listed in these specifications, a list of the proposed substitutions along with the corresponding manufacturer documentation and warranty information shall be submitted to the ENGINEER at least thirty (30) Q:\pw\PWENGW_CONTRS\2002\TLC Contract\New Section l0.doc Page 98 Special Provisions 08/21/02 I 1 I I I I $ I I I I I days before beginning work covered by this Section. Substitute materials will be acceptable only if the CONTRACTOR demonstrates that the substitutions are equal to the specified products. An equal product must be consistent in quality and features when compared to the specified product, must be compatible with the CITY'S existing system and inventory of replacement parts, and must have the same or better manufacturers' warranty. D. Upon request of the ENGINEER, but not later than the date of the final review, the CONTRACTOR shall submit to the ENGINEER a complete set of "As -Built" record plans which accurately depict all changes noted on the job -site plan set. Said record plans shall be submitted on reproducible mylar or sepialar prints made from the original planting and irrigation plans. In addition, the CONTRACTOR shall submit one complete reduced set of record irrigation plans printed on 11 -inch by 17 -inch white paper. The plant establishment period described in Section 02935 "Landscape and Irrigation Maintenance" will not commence until all changes have been accurately drafted onto the record plans, and these plans have been submitted and accepted by the ENGINEER. 1.5 QUALITY ASSURANCE A. The CONTRACTOR shall schedule all reviews by the ENGINEER of the irrigation installation and system testing at least twenty-four (24) hours prior to the anticipated review. B. The CONTRACTOR shall request a review by the ENGINEER at the following points in the progress of the irrigation system installation: I. Before backfilling any segment of pipe, swing joint, valve, electrical conduit/conductor, grade level enclosure, or other irrigation system component, the ENGINEER shall review the parts and their assembly to assure conformance with the Drawings, the Plans and with this Section. 2. After backfilling the main -line pipe and all appurtenant valves, the CONTRACTOR shall demonstrate that the main -line is pressure -tight by performing the following Hydrostatic Test: After thoroughly flushing the pipe network, the CONTRACTOR shall slowly fill the system with water. All air shall be purged from the system before all remote control valves are closed. All in -line isolation valves shall be open during the hydrostatic test, unless otherwise authorized by the ENGINEER. The hydrostatic test shall consist of charging the system to a static gauge pressure of 125 pounds per square inch (psi). The system shall be capable of maintaining the static pressure with not more than a 5 psi loss for a period not less than 1 hour, or as otherwise directed by the ENGINEER. If leaks appear during the test, the leaks shall be repaired, and then the flushing and hydrostatic test shall be repeated. 3. After the planting is complete, and after the sprinklers and other irrigation components are installed, the ENGINEER shall review the entire irrigation system for leaks, for proper performance, and for conformance with the Plans and Drawings. The CONTRACTOR shall demonstrate that the irrigation system functions properly and provides complete coverage in all planting areas. Any leaks which appear during the review shall be promptly repaired. For areas with rotors or spray heads, the system shall provide head -to -head coverage. Any deficiencies discovered by the ENGINEER shall be promptly corrected. 4. For reviews during the plant establishment period, see Section 02935 "Landscape and Irrigation Maintenance." 1.6 QUALITY CONTROL A. During the course of the work, the CONTRACTOR shall comply with all applicable Federal, State, Q:\pw\PWENG\A_CONTRS\20021TLC Contract\New Section 10.doc Page 99 Special Provisions 08/21/02 I I l �i 1 S I p I and City of San Mateo regulations, and of those from other agencies having jurisdiction over the work. B. The CONTRACTOR shall be responsible for any hazards created in the public right-of-way or any damage to private property caused by leaks, overspray, or other problems associated with the irrigation system during its installation and throughout the plant establishment period. C. The CONTRACTOR shall assure that all open excavations are properly protected during all phases of the irrigation system installation. No soil shall be stockpiled in an area which may impede the safe passage of pedestrians or vehicles, including street and sidewalk areas which are open to the public. D. The CONTRACTOR shall maintain one complete set of the irrigation plans for the project at the job - site. In the event any portion of the work is not installed as indicated on the plans, said changes shall be accurately noted and drafted onto the job -site plan set. The CONTRACTOR shall make neat, legible annotations thereon daily as the WORK proceeds, showing all changes including the exact locations, sizes and types of equipment actually installed. This job -site plan set shall be available at all times for review by the ENGINEER. E. The CONTRACTOR shall be responsible for any damage to the irrigation system which occurs before or during the plant establishment period. PART 2 -- PRODUCTS 2.1 GENERAL All irrigation system components shall be new and without flaws or defects. 2.2 STANDARD CONTROLLER A. Controller: The standard irrigation controller shall be a Rainmasterl) Hawk (6 and 12 Station) with F5 Series Flow sensor and integral lightning/surge protection, or approved equal. The controller shall have enough stations to control all valves indicated on the Plans including those designated for future extensions, plus a minimum of two spare stations. B. Cabinet: The cabinet for the standard irrigation controller and components shall be a vandal- and weather -resistant, stainless steel pedestal cabinet with integral locking mechanism. The cabinet shall fully enclose all controller components, accessories, and terminal connections. For irrigation systems which utilize reclaimed water, an adhesive -backed sticker with purple background and white letters shall be placed on the cabinet door which reads "CAUTION: RECLAIMED WATER - DO NOT DRINK" printed in both English and Spanish. The CONTRACTOR shall provide one of the following cabinets: 1. V.I.T. Products, Inc., Strong Box® Model SB-18SS with a PED-18SS pedestal. 2. Approved equal. 2.3 ELECTRICAL COMPONENTS A. General: All electrical components shall be UL listed, and installed according to NEC, PG&E, and/or CITY regulations, and manufacturer recommendations. B. Electrical Service: I Q:\pw\PWENOW_CONTRS\2002\TLC Contract \New Section l0.doc Page 100 Special Provisions 08/21/02 I I I I 1 I I I 1 I I 1. The raceway of electrical conduits for the electrical service between the service point of connection and the controller shall conform to Section 02890 "Traffic Signals and Lighting Systems," except that the minimum conduit size shall be 3/4 -inch diameter. The maximum number of bends for this service shall be no greater than 360 degrees. 2. All electrical service conductors shall be copper AWG size 10 or larger, Type TW or THW, with a temperature rating of 60 degrees C or higher, unless otherwise noted on the plans. Wire splices shall only occur in approved grade level enclosures with UL listed water -proof connectors, or in a weather -tight junction box inside the controller cabinet. 3. The electrical receptacle installed inside the controller cabinet shall have ground fault circuit interrupter (GFCI) protection. C. Low Voltage Control Circuits: 1. All low voltage control circuit conductors shall be copper AWG size 14 Type UF, or larger. The common wire for the low voltage circuit shall be AWG size 12. The CONTRACTOR shall provide one extra AWG size 12 or larger wire which extends parallel to the entire length of common wire as a spare and coil an extra 24" of the spare wire into each remote control valve box. The insulation jacket color for each wire shall be as follows: a. Control wires (+) shall be red. b. Common wire (-) shall be white. c. Spare wire shall be any color other than red, black, or white. 2. Low voltage wire splices shall be assembled using a 3M Direct Bury Splice Kit, or approved equal. The 3M DBY kit, or equal, shall be used for up to two AWG size 12 wires. The 3M DBR kit or equal, shall be used for up to three AWG size 10 wires. Wire splices shall only occur in grade level enclosures. If an intermediate splice is required, the CONTRACTOR shall locate the splice inside a grade level enclosure, as described in the "Grade Level Enclosure" section of this section. 2.4 WATER METERS AND BACKFLOW PREVENTION DEVICES A. Water Meters: Water meters for irrigation systems shall be provided in accordance with city standards. All irrigation equipment must be connected to a water meter installed exclusively for landscaping purposes. No portion of the irrigation system may be connected to a water meter utilized for domestic use. B. Backflow Prevention Assemblies: Backflow prevention assemblies for irrigation system shall be provided in accordance with city standards. 2.6 VALVES A. Remote Control Valves: The standard remote control valve shall be a Rain Bird® PEB series valve, or approved equal. B. Quick -Coupling Valves: The standard non -potable, quick -coupling valve shall be a Rain Bird® 44NP series valve with locking purple rubber cover, or approved equal. C. Ball Valves: The standard ball valve shall be aRBl® (King Bros. Industries), WLT series PVC low - torque valve, or approved equal. For remote control valve or main -line isolation valve installations, the CONTRACTOR may utilize a ball valve with integral union to eliminate the required threaded Q:\pw\PWENGW_CONTRS\2002\TLC Contract\New Section 10.doc Page 101 Special Provisions 08/21/02 I 1 t 1 1 I r t I 1 I I 1 1' 1 I I coupling and separate union shown on the Drawings. 2.6 SPRINKLER HEADS A. Tree and Shrub Bubblers: The standard tree and shrub bubblers shall be Toro FB-25-PC series pressure -compensating flood bubblers, or approved equal. The CONTRACTOR shall provide bubblers with the appropriate flood pattern for each application. 2.7 OTHER PROPRIETARY IRRIGATION COMPONENTS OR SYSTEMS A. With the approval of the ENGINEER, the irrigation system may be designed using proprietary irrigation components in lieu of the products specified and shown on the Drawings. It will be the CONTRACTOR'S responsibility to demonstrate that the proprietary component or system functions as well as or better than a system designed using specified products. B. If a system utilizing proprietary components is approved for use by the ENGINEER, the Plans shall include all applicable installation details and specifications published by the manufacturer. In addition, the CONTRACTOR shall submit manufacturer documentation and warranty information to the ENGINEER prior to installation. 2.8 GRADE LEVEL ENCLOSURES A. The standard grade -level enclosures shall be as shown on the plans. 2.9 PIPES, SLEEVES, AND FITTINGS A. Pipes: The standard irrigation pipe material shall be Class 12454-B PVC pipe conforming to ASTM D 1784. All pipe material shall be NSF listed, except pipe used for systems which utilize reclaimed water. The standard pipe segment length shall be 20 feet. The standard pipe design shall be as follows: 1. For 1/2 -inch to 2 -inch nominal pipe diameter, the CONTRACTOR shall provide solvent -weld Schedule 40 or threaded Schedule 80 PVC 1120 conforming to ASTM D 1785. 2. For 2 -1/2 -inch to 4 -inch nominal pipe diameter, the CONTRACTOR shall provide IPS size SDR 13.5 315 PSI PVC 1120 conforming to ASTM D 2241. B. Each length of pipe shall be marked with the nominal diameter in inches, the Schedule or SDR designation, the ASTM D 1784 cell classification and the manufacturer's name and code. C. If a pipe segment must pass beneath a hardsurfaced area, the CONTRACTOR shall enclose said pipe within a Schedule 40 PVC sleeve where possible and shall install a color coded warning tape placed over the sleeve. D. Slip Fittings: All solvent -weld PVC pipe fittings shall conform to ASTM D 2466 for Schedule 40 slip fittings, or ASTM D 2467 for Schedule 80 slip fittings. E. Threaded Fittings: All threaded PVC pipe fittings shall conform to ASTM D 2464 for Schedule 80 threaded fittings. Flex Risers shall be manufactured from a corded rubber hose material permanently fastened to Schedule 80 threaded male adapters on each end. F. All irrigation mains shall be continuously marked in conformance with the appropriate ASTM and the requirements of Section 15075, "Piping Identification Systems." Qipw\PWENG\A_CONTRS\2002\TLC Contract -New Section 10.doc Page 102 Special Provisions 08/21/02 I I I I I 1 I I 1 I I I I I I 2.10 SOLVENT CEMENTS AND PIPE THREAD COMPOUNDS A. Solvent Cements: All solvent -weld PVC pipe material and slip fittings shall be joined using a solvent cement conforming to ASTM D 2564. The CONTRACTOR shall use a regular -bodied cement to join pipes with nominal diameters from 1/2 -inch to 2 -inches, and a medium -bodied cement to join pipes larger than 2 - inches. In addition, for all solvent -weld pipes which will serve as main -lines, or for those pipes with nominal diameters larger than 2 -inches, the CONTRACTOR shall first apply a primer conforming to ASTM F 656 before applying the cement. B. Pipe Thread Compounds: All threaded PVC pipe material and fittings shall be assembled using a pipe thread compound or Teflon tape designed to provide a leak -proof pressure -tight seal by filling voids between threads. 2.11 BACKFILL A. Irrigation trenches which run through planting areas shall be backfilled using Native material, as defined in Section 02315 "Utility Earthwork." B. The sand backfill indicated on the Drawings for irrigation mainline and electrical trenches shall conform to Sand as defined in Section 02315 "Utility Earthwork." C. For irrigation pipes which extend in sleeves through hardsurfaced areas, the trenches shall be backfilled in conformance with Section 02315 "Utility Earthwork." PART 3 — EXECUTION 3.1 GENERAL: A. All irrigation system components shall be installed in accordance with this Section, with the Drawings, with the manufacturer's recommendations, and with established industry standards. The CONTRACTOR shall do nothing which may jeopardize any manufacturer warranty. 3.2 POINTS -OF -CONNECTION A. Before beginning work on the irrigation system installation, the CONTRACTOR shall locate all points -of - connection, both for the water supply, and for the electrical service to the controller. The points -of - connection shall conform to the following requirements: 1. Water Supply: All irrigation piping must be connected to a metered water service installed exclusively for landscaping purposes, and in accordance with standards established by the California Water Service Company. In addition, the irrigation systems for median island landscaping shall be connected to a water meter provided exclusively for the median island(s), unless otherwise approved by the ENGINEER. The CONTRACTOR shall install a backflow prevention device in accordance with Section 15140 "Backflow Prevention Assemblies" immediately downstream of the meter. 2. Electrical Service: The point of connection to the electrical system must be acceptable to both PG&E and the ENGINEER. The CONTRACTOR shall adhere to all regulations established by PG&E when connecting the controller to the secondary electrical service. B. If work on either the water service or electrical service point -of -connection requires an existing service to be shut-off, the CONTRACTOR shall coordinate said shut-off with the ENGINEER. At no time shall the period of the shut-off extend more than 24 -hours, unless specifically authorized by the ENGINEER If a shut-off of more than 24 -hours is authorized, the CONTRACTOR shall provide irrigation water by some Q:\pw\PWENG\A_CONTRS\2002\TLC Conlract\New Section 10.doc Page 103 Special Provisions 08/21/02 I I I I I 1 I I I I I I I I I other means to all affected plants, even if the areas are being maintained by CITY staff. Said watering shall be performed as often as necessary to maintain healthy plant growth throughout the duration of the shut-off. 3.3 VERIFYING WATER PRESSURE A. After locating the water service points -of -connection, the CONTRACTOR shall determine whether the water pressure at this point is within 5 pounds per square inch (psi) of the design pressure indicated on the Plans. If the pressure is more than 5 psi higher or lower than the design pressure, the CONTRACTOR shall notify the ENGINEER of this determination. B. At the ENGINEER'S discretion, it may be necessary to amend the irrigation design to account for the actual measured water pressure. No work shall proceed until the ENGINEER is satisfied that the design pressure and actual pressure are within a reasonable tolerance. 3.4 SLEEVES BENEATH HARDSURFACING A. Irrigation pipes and controller wires beneath hardsurfaced areas or through concrete or masonry walls/foundations shall be placed inside sleeves where possible. The ends of each sleeve shall extend a minimum of 2 -inches beyond the limit of the hardsurfacing material, unless otherwise authorized by the ENGINEER. Seal the open ends of the sleeve using expandable foam. B. All sleeves shall have a color codes warning tape placed over the sleeve in accordance with Section 15075 "Piping Identification Systems." In addition, the CON TRACTOR shall stamp an "I" on the top -of -curb or sidewalk above the location of the sleeve so the ends can be found in the future. C. Sleeves and the required warning tape above each sleeve must be installed before any hardsurfacing or bedding materials are installed. Boring beneath hardsurfacing to install sleeves after the hardsurfacing materials are placed is not allowed without special approval from the ENGINEER. D. Sleeves shall be installed without bends or angled fittings to allow for future removal and replacement of the contained pipe or wire. 3.5 SYSTEM LAYOUT A. The controller shall be located where shown on the plans. B. The backflow prevention assembly shall be installed as shown on the plans. 3.6 TRENCHING A. Trenches for irrigation pipe, fittings, and electrical conduits shall be free of jagged rubble, large rocks, or other sharp objects which may puncture or cause adverse stresses on the buried features during or after backfill. B. Trenches for irrigation piping shall be of sufficient width to accommodate pipe laid in a serpentine alignment. C. Where trenching for new irrigation facilities is performed in areas planted with existing frees, shrubs, or other significant landscape features, the trenching alignment shall be adjusted as necessary to avoid damage to the root systems of these existing features. If the trenching will pass through areas which contain existing groundcover plantings or turf, all disturbed areas shall be restored to their original condition after backfill. Q:\pw\PWENCW_CONTRS\2002\TLC Contract\New Section 10.doc Page 104 Special Provisions 08/21/02 I I I I I I I 1✓ I I I I I I I I I I D. If an existing irrigation facility or other underground utility or structure is damaged, broken, or severed during the trenching operation, the CONTRACTOR shall repair said facility to a standard equal to or better than the original construction. 3.7 INSTALLING IRRIGATION PIPES AND CONTROL WIRES A. Irrigation pipes shall be installed according to the following criteria: 1. Before assembly, all pipe shall be stored with the ends of the pipe wrapped, or with the pipe segments elevated above the ground surface to keep dirt and other debris out of the pipe. 2. If the pipe is brittle or sun -bleached when delivered to the site, it shall be replaced. 3. Parallel pipes may be placed in a common trench, provided that a minimum horizontal clearance of 3 -inches is maintained between the buried pipes. No pipe shall be installed parallel to and directly over another pipe. 4. At pipe crossings, the crossing angle shall be approximately perpendicular, but not less than 45 degrees. A minimum of 3 -inches vertical clearance shall be maintained between crossing pipes. If a change in pipe elevation is necessary at a crossing to maintain the required vertical clearance, said change shall be accomplished using an offset constructed of 45 degree fittings. 5. All pipe shall be cut straight and true. After cutting, the cut end shall be reamed -out to the full inside diameter of the pipe, and all burrs shall be removed. The CONTRACTOR shall use caution to assure that the cuttings and burrs do not fall inside the pipe during assembly. 6. All irrigation pipe shall be installed in a serpentine alignment to allow for thermal expansion and contraction. 7. Mainline pipes with rubber gasket joints shall be installed in accordance with Section 02511 "PVC Pressure Pipe," with concrete thrust blocks at every change in pipe direction. B. Irrigation fittings shall be installed according to the following criteria: 1. All solvent -weld PVC pipe shall be assembled in accordance with ASTM D 2855 "Standard Practice for Making Solvent -Cemented Joints with Poly(Vinyl Chloride) (PVC) Pipe and Fittings." The CONTRACTOR shall use a regular -bodied solvent cement to join pipes with nominal diameters from 1/2 -inch to 2 -inches, and a medium -bodied cement to join pipes larger than 2 -inches. In addition, for all solvent -weld pipes which will serve as main -lines, or for those pipes with nominal diameters larger than 2 -inches, the CONTRACTOR shall first apply a primer to the fitting and end of pipe before applying the cement and assembling the joint. 2. All threaded PVC pipe shall be assembled using pipe thread compound or Teflon tape, except that Teflon tape shall not be applied to the threads which will receive the spray head, rotor, or emitter. If Teflon tape is used, no more than three wraps shall be applied to each fitting. C. Control Wires shall be installed according to the following criteria: 1. Control wires shall only be spliced inside grade level enclosures. Said splices shall be assembled using a water -proof manufactured wire splice system in accordance with the manufacturer's instructions. 2. When possible, the CONTRACTOR shall install wiring in the same trench as the irrigation Q:\pw\PWENO\A_CONTRS12002\TLC Contract\New Section 10.doc Page 105 Special Provisions 08/21/02 mainline. 3. Each bundle of control wires to be buried shall be gathered and taped at an interval not exceeding 10 feet. The bundle shall than be taped to the top of the irrigation mainline. Standard electrical tape shall be used to bundle the wires and to affix the bundle to the irrigation main. 4 All low -voltage control wires shall have a 24 -inch length of excess wire coiled inside each remote control valve enclosure. 3.8 INSTALLING VALVES AND GRADE -LEVEL ENCLOSURES A. Remote control valves shall be installed according to the following criteria: 1. Only one remote control valve assembly shall be installed inside each grade level enclosure. a I I I I I 1 I a 1 1 2. The size of the remote control valve shall match the line -size of the irrigation pipe which it controls. All accessory components and fittings shown on the Drawings as integral parts of the remote control valve assembly shall be the same line -size as the valve. Each valve assembly shall have unions installed on both ends to allow for future removal of the assembly for maintenance or replacement, as shown on the Drawings. 4. The bottom of the remote control valve assembly shall be fully supported by Class 2 permeable material placed inside the grade -level enclosure. B. Quick coupling valves shall be installed where shown on plans. C. Ball valves shall be installed according to the following criteria: 1. If an irrigation mainline will be extended to serve a future landscaped area, the mainline shall terminate with a line -size ball valve installed inside a grade -level enclosure. 3.9 ASSEMBLING RISERS, SPRAY HEADS, BUBBLERS, AND EMITTTERS. A. General: Before any risers on heads are installed, the CONTRACTOR shall thoroughly flush the entire main -line pipe network with clean water and then perform the hydrostatic test described in this section. No risers or heads shall be installed until the ENGINEER is satisfied that the mainline is adequately flushed and pressure -tight. B. Spray Heads shall be installed according to the following criteria: 1. The riser assemblies for all spray heads shall be installed with triple -swing joints as indicated on the Drawings. Said triple -swing assemblies shall allow for both horizontal and vertical adjustment of each head without leaking. 2. Before installing each head, the CONTRACTOR shall confirm whether the specified pop-up height, radius; arc and trajectory are appropriate given the site conditions and proposed layout of the plant materials. If a deviation from the Plan is necessary to achieve adequate irrigation coverage, said deviation shall be authorized by the ENGINEER, then executed by the CONTRACTOR at no additional cost to the CITY. 3. The heads shall be positioned such that the spray from each head reaches the closest Q:\pw\PWENGW_CONTRS\2002\TLC ContracnNew Section 10.doc Page 106 Special Provisions 08/21/02 I I I I I a� I 1 I I I I S I I 1 1 1 surrounding head, thus providing "head -to -head" coverage. The CONTRACTOR shall make adjustments or add additional heads, if necessary, to achieve head -to -head coverage in all areas irrigated by rotors or spray heads. 4. Spray heads shall be placed not closer than 3 -inches from the edge of a hardsurfacing material, wall, or foundation to allow access for edging equipment. 5. All heads shall be set perpendicular to the finish grade, including those in sloping areas. The trajectory of each head shall be adjusted by selecting an appropriate pop-up height and nozzle trajectory rather than by tilting the head. C. Bubblers shall be installed according to the following criteria: 1. Tree bubblers shall operate on a separate dedicated controller station to allow the bubblers to function even when other stations are shut-off. This will allow the valves for shrubs, groundcover, and/or turf to be shut-off during drought conditions without compromising the survival of the trees. 2. Each bubbler shall be installed within the limits of the plant pit. 3. NOT USED D. NOT USED 3.10 BACKFILL A. Trench backfill shall be placed in accordance with the Drawings. The CONTRACTOR shall use care in placing backfill to prevent damaging or distorting the buried features. B. The CONTRACTOR shall exercise care during the compaction of trench backfill material to avoid compacting the soil within the drip -line of existing trees or other significant landscape features scheduled to remain. C. If trench settlement occurs within the landscaped area, the CONTRACTOR shall place and compact additional backfill material in the ruts or depressions until a uniform surface is achieved. 3.11 INSTALLING AND PROGRAMMING THE CONTROLLER A. Controller Installation: 1. The controller shall be installed as shown on the Drawings and in accordance with the manufacturer's recommendations and instructions. 2. All communication and electrical service wires shall be installed inside UL listed Schedule 40 conduit. The cumulative change in conduit direction by use of elbow fittings shall not exceed 360 degrees for any conduit run. 3. For the controller's electrical service connection, the CONTRACTOR shall install a 5 -amp in - line fuse on the hot leg of the service, in accordance with Section 02890 "Traffic Signals and Lighting Systems." Said fuse shall be located inside a precast concrete grade level enclosure with a lid marked "Irrigation." The grade level enclosure for the fuse shall be positioned immediately adjacent to the secondary splice box designated by PG&E at the point -of - connection. The service conductors shall run inside a conduit from the grade level enclosure to Q:\pw\PWENG\A_CONTRS\2002\TLC Contracl\New Section 10.doc Page 107 Special Provisions 08/21/02 I I I I I I I I r I M I I t r 1 I I the controller cabinet (direct burial wire is not allowed). 4. If the distance between the grade level enclosure and the controller cabinet exceeds 250 -feet, the CONTRACTOR shall install intermediate grade level enclosures to accommodate wire splices for the electrical service conductors at a spacing not to exceed 250 -feet. 5. The CONTRACTOR shall connect the low -voltage control wires to the controller in a sequential arrangement according to the station numbers shown on the Plans. B. Controller Programming: I. Run-times and frequency of watering for each station shall be programmed according to appropriate evapotranspiration rates for each month within the San Mateo area. 2. The controller shall be programmed to operate all stations during non -daylight hours, unless otherwise authorized by the ENGINEER. 3.12 OPERATING THE SYSTEM A. When complete, the irrigation system shall deliver water at a rate which is compatible with the needs of the plant materials and with the infiltration rate of the soil. The system shall be adjusted by the CONTRACTOR to eliminate overspray or runoff during normal operation. Repeat cycles shall be programmed if the runoff problems cannot be corrected by other adjustments. B. The CONTRACTOR shall establish accounts with all applicable utility companies to provide services for the irrigation system. The ENGINEER will assign addresses for all services upon request of the DEVELOPER or CONTRACTOR. Said services may include water and electrical. Said accounts shall be paid by the CONTRACTOR until completion of the Plant Establishment Period, as described in Section 02935 "Landscape and Irrigation Maintenance." END OF SECTION Q:\pw\PWENG A_CON RS\2002\TLC Contract\New Section ]O.doc Page 108 Special Provisions 08/21/02 I I I I I I 1 I I I 1 r I I I I I I I 10-2.02 LANDSCAPE PLANTING PART 1 - GENERAL 1.1 THE REQUIREMENT A. The CONTRACTOR shall furnish all materials, equipment, and labor to complete all planting and related work as shown on the Drawings and/or as specified herein. B. Work Covered in this Section: 1. Installing root barriers and water barriers. 2. Planting trees, shrubs, and groundcover. 3. Placing mulch in landscape areas. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Section 10-02.02 Irrigation System B. Section 10-02.03 Landscape and Irrigation Maintenance 1.3 REFERENCE SPECIFICATIONS,.CODES, AND STANDARDS A. Federal Specifications and Standards: AASHTO - American Association of State Highway & Transportation Officials. American Association of State Highway and Transportation Officials B. State of California (Caltrans) Standards: 1. Standard Specifications — Section 20-4 Highway Planting Section 20-4 Highway Planting C. Commercial Standards: ANSI Z60.1 —An Annotated Checklist of Woody Ornamental Plants of California, Oregon and Washington. 1.4 CONTRACTOR SUBMITTALS A. Submittals shall be provided by the CONTRACTOR as required by this Section. B. Submit to the ENGINEER certificates of inspection required by law for transportation of plant materials to the site. Clearance from the County Agricultural Commissioner, as required by law, shall be obtained before trees or other plant materials are delivered from outside San Mateo County. C. The CONTRACTOR shall, upon request of the ENGINEER, produce records to verify the ordering and delivery of specified quantities and types of plant material for each project. D. If the CONTRACTOR wishes to substitute plants for those indicated on the Plans, a list of the proposed substitutions shall be submitted to the ENGINEER at least thirty (30) days before beginning work covered by this Section. Q:\pw\PWENGW_CONTRS\2002\ TLC Contract\New Section l0.doc Page 109 Special Provisions 08/21/02 1.5 QUALITY ASSURANCE A. All trees and other plant materials shall comply with Federal and. State laws requiring inspection for plant diseases and pest infestations. Inspection certificates required by law shall accompany each shipment of plant material. Clearance from the County Agricultural Commissioner, as required by law, shall be obtained before trees or other plant materials are delivered from outside San Mateo County. B. The CONTRACTOR shall schedule all reviews by the ENGINEER of planting materials and work at least twenty-four (24). hours prior to the anticipated review. C. The CONTRACTOR shall request a review by the ENGINEER at the following points in the progress of the landscape planting work: 1. At the time when the locations of all trees and shrubs (5 -gallon size or larger) are flagged in the planting areas, the ENGINEER will review the plant locations for required clearances to utilities and structures, for intersection line -of -sight criteria established by AASHTO, and for conformance with the Plans. 2. Upon delivery of plant materials, the ENGINEER will review all trees, shrubs, and groundcover plantings, and/or selected sod rolls for conformance to the criteria listed below. The plants to be reviewed shall be set out in their containers or arranged in such a way as to allow access to all sides of each plant for inspection, and shall not be planted until the ENGINEER has approved their quality, health, and vigor. 3. Notwithstanding routine inspections during the course of the work, the ENGINEER will, upon completion, review all trees, shrubs, and groundcover, and/or sod to confirm whether the plant materials and accessories were installed in accordance with the Drawings, or whether any damage to the plants occurred during planting. If the plant materials are found to be acceptable, the plant establishment period will commence, as described in Section 02935, "Landscape and Irrigation Maintenance." If unacceptable plant materials are identified, they shall be promptly removed, disposed of, and replaced by the CONTRACTOR at no cost to the City. D. The ENGINEER reserves the right to inspect trees, shrubs, groundcover, and turf for size and condition of root systems, for injuries and latent defects, for disease or infestation, and for any other unsatisfactory or defective condition. This inspection may occur at any time during the progress of the work, or during the plant establishment period. 1.6 QUALITY CONTROL A. Planting shall be performed by a CONTRACTOR licensed to perform landscape work who employs personnel familiar with planting procedures. All work shall be performed under the supervision of a knowledgeable, qualified planting foreman. PART 2 — PRODUCTS 2.1 PLANT MATERIALS A. General: 1. All plant materials shown on the Plans shall be specified by both the Common Name and the Q:\pw\PWENG\A_CONTRS12002\TLC Contract\New Section 10.doc Page 110 Special Provisions 08/21/02 I I I I I I 1 1 p I I $ I 1 Scientific Name (genus, species and cultivar), and by container size. 2. The quality and size of all plant material shall conform to the State of California Grading Code of Nursery Stock. Only No. 1 grade nursery grown stock shall be provided: 3. The CONTRACTOR shall furnish the quantities and sizes of plant material necessary to complete the work shown. If a plant list is included on the Plans, and the quantities of plant materials shown on the plant list is in conflict with the symbols shown on the Plans, the symbols shall govern. 4. Plant materials shall be delivered with tags or stakes identifying each plant species. 5. All plant materials shall be free from insects, diseases, and/or fungi which may threaten their survival, or which will require costly treatment or maintenance to contain. 6. All plant materials shall be free of dead branches and dead branch tips, and shall have foliage of normal density, size, and color in order to be considered vigorous and thriving. B. Trees: All trees shall be true to name as ordered or shown on the planting plans and shall be labeled individually or in groups by species and cultivar (where appropriate). All threes shall comply with federal and state laws and regulations requiring inspection for plant disease, pests and weeds. Inspection certificates required by law shall accompany each shipment of plants. Clearance from the County Agricultural Commissioner, if required, shall be obtained before planting trees originating outside the county in which they are to be planted. Even though trees may conform to county, state,. and federal laws, the buyer may impose additional requirements. 1. TREE CHARACTERISTICS AT THE TIME OF SALE OR DELIVERY Tree health As typical for the species/cultivar, trees shall be healthy and vigorous, as indicated by: • foliar crown density • length of shoot growth (throughout crown) • size, color and appearance of leaves • uniform distribution of roots in the container media • appearance of roots • absence of twig and/or branch dieback • relative freedom from insects and diseases Note: some of these characteristics cannot be used to determine the health of deciduous trees during the dormant season. 2. Crown Form: Trees shall have a symmetrical form as typical for the species/cultivar and growth form. 3. Central Leader: Trees shall have a single, relatively straight central leader and tapered trunk, free of codominant stems and vigorous, upright branches that complete with the central leader. Preferably, the central leader should not have been headed. However, in cases where the original leader has been removed, an upright branch at least 'A (one-half) the diameter of the original leader just below the pruning point shall Q:1pw1PWENG\A_CONTRS120021TLC ContractNew Section 10.doc Page 1 l l Special Provisions 08/21/02 I I I I I I I 1 I I I i I i be present. Note: This section applies to single trunk trees grown with normal straightness, as typically used for street or landscape planting. This specification does not apply to plants that have been specifically cultured in the nursery or selected for unusual or unique shape, such as contorted forms, topiary forms, espalier forms, multi -stem, or clump forms. 4. Potential Main Branches: Branches shall be distributed radially around and vertically along the trunk, forming a generally symmetrical crown typical for the species. Potential main branches shall be evenly spaced and have appropriate space between them. Branches shall be no larger than 2/3 (two thirds) the diameter of the trunk, measured 1" (one inch) above the branch. The attachment of scaffold branches shall be free of included bark. 5. Temporary Branches: Unless otherwise specified, small "temporary" branches should be present along the lower trunk below the first potential permanent branch, particularly for trees less than 1-1/2" (one and one- half inches) in trunk diameter. Temporary branches should be distributed around and vertically along the lower trunk. They should be no greater than 3/8" (three -eights inch) in diameter, and no greater than IA (one- half) the diameter of the trunk at the point of attachment. Heading of temporary branches is usually necessary to limit their growth. 6. Trunk Trunk diameter and taper shall be sufficient so that the tree will remain vertical without the support of a nursery stake. The trunk shall be free of wounds (except properly -made pruning cuts), sunburned areas, conks (fungal fruiting -bodies), wood cracks, bleeding areas, signs of boring insects, galls, cankers and/or lesions. Trunk diameter at 6" (six inches) above the soil surface shall be within the diameter range shown for each container size below: Container Soil Volume* Trunk Diameter (in.) Soil level from Container Top 15 gallon 3.3 0.75" to 1.5" 1.75" to 2.75" 24 inch box 10.5 1.5" to 2.5" 2.25" to 3" "Approximate soil volume in gallons 7. Roots The trunk, root collar (root crown) and large roots shall be free of circling and/or kinked roots. Soil removal near the root collar may be necessary in order to verify that circling and/or kinked roots are not present. The tree shall be well rooted in the container: When the trunk is carefully lifted the trunk and root system shall move as one. The top -most roots or root collar shall be within 1" (one inch) above or below the soil surface. The soil level should be within 2" (two inches) of the top of the container. (see table above) When the container is removed, the rootball shall remain intact. The rootball periphery should be free of large circling and bottom -matted roots. The acceptable diameter of Q:\pw\PWENOW_CONTRS\2002\TLC Contract\New Section 10.doc Page 112 Special Provisions 08/21/02 i I I I I I I I 1 I I I I I I 1 circling peripheral mots depends on species and size of rootball. The maximum acceptable size should be indicated for the species (if necessary) On grafted or budded trees, there shall be no suckers from the root stock. At time of inspection and delivery, the rootball shall be moist throughout, and the tree crown shall show no signs of moisture stress, as indicated by wilt. Roots shall show no signs of being subjected to excess soil moisture conditions, as indicated by root discoloration, distortion, death, or foul odor. C. INSPECTION/DELIVERY A. The ENGINEER reserves the right to reject trees that do not meet specifications as set forth in these guidelines or as adopted by the ENGINEER. If a particular defect or sub -standard element or characteristic can be easily corrected, appropriate remedies shall be required. If destructive inspection of rootballs is to be done, the buyer and seller should have a prior agreement as to the time and place of inspection; minimum number and/or percentage of a species (cultivar) and as to who is financially responsible for the inspected trees. The CONTRACTOR shall coordinate with the ENGINEER on how many days notification are needed prior to delivery. D. Shrubs: 1. Physical criteria: a. Each shrub must stand upright without support. b. All container shrubs shall be free of girdling roots, defined as those roots greater than 1/8 -inch diameter circling the periphery of the root ball. The top of the root ball shall be free of "knees" (roots) protruding above the soil, and the bottom shall be free of matted roots. E. Groundcover shall be grown in a nursery under climatic conditions similar to those in the locality of the project. F. Substitutions will not be allowed unless specifically authorized by the ENGINEER, and unless the substitution is consistent with the DESIGN REVIEW approval. If a substitution is desired, the CONTRACTOR shall submit, in writing, proof that a specified material is unavailable along with a list of proposed substitutions. The proposed substitutions must be the nearest equivalent size and variety of the unavailable material, and must be compatible with the site conditions and proposed improvements. 2.2 MULCH Unless otherwise specified on the Plans, all landscaped areas, excluding plant pit areas, shall have a 3 -inch layer of mulch placed atop the finish grade. The mulch shall consist of wood chips. The mulch shall conform to the following criteria: 1. Wood chips shall be manufactured from clean wood. The particle size of the chips shall be between 1/2 -inch and 3 -inches in length, and not less than 3/8 -inch in width and 1/16 -inch in thickness. At least 85 percent, by volume, of wood chips shall conform to the sizes specified. 2.4 ACCESSORIES A. Root Barriers shall be provided for all trees within 5 -feet of any hard -surfacing material (i.e. sidewalks, curb & gutter, decorative paving, etc.). The root barrier shall be fabricated from a high density and high impact plastic such as polyvinyl chloride (PVC), acrylonitrile-butadiene-styrene Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\New Section 10.dac Page 113 Special Provisions 08/21/02 I 1 I 1 1 I i I 1 1 1 I 1 I I (ABS), polystyrene, polypropylene, or polyethylene, and shall have a minimum thickness of 0.06 - inches. The ENGINEER encourages the use of products which contain post -consumer recycled plastic. The barrier shall have 1/2 -inch to 3/4 -inch high raised vertical ribs on the inner surface spaced not more than 8 -inches apart to discourage circling roots. If segmented panels are used, each panel shall be permanently interlocked to the adjacent panels to form a continuous linear or cylindrical barrier. PART 3 — EXECUTION 3.1 GENERAL REQUIREMENTS A. The following work must be complete prior to any landscape planting described in this Section: 1. Underground utility work. 2. Irrigation Systems per Section 10-02.01. 3. Hardsurfacing improvements including sidewalks, decorative paving, drainage swales and curb & gutter, lighting, fencing, etc. B. Prior to excavating plant pits, confirm the location of all underground joint trench facilities, sewer mains or laterals, water mains or services, storm drain pipes or sidewalk drains, and other utilities, and take proper precautions so as not to damage or disturb such improvements during the course of the work. If a conflict exists between the existing improvements and the specified plant pit locations, promptly notify the ENGINEER. Where such obstructions cannot be removed, the plant locations may be adjusted, if approved by the ENGINEER. The CONTRACTOR shall remain responsible for the repair of any damaged utilities caused by negligence during planting operations. 3.2 PREPARATION FOR PLANTING A. Protect and maintain all plant material delivered to the site according to accepted horticultural practices. Proper maintenance between delivery and planting shall include regular watering and any necessary pruning, as well as protection from animals, wind, excessive sun exposure, and vandals. B. To protect the irrigation system and other underground improvements from damage, the CONTRACTOR shall flag all irrigation heads, grade level enclosures and sleeves, communication conduits, and other similar structures before beginning work under this Section. C. Before planting, the CONTRACTOR shall install the following accessories, as shown on the Drawings: 1. Root barriers shall be installed with their top edges set just above grade (not buried), or as recommended by the manufacturer. 3.3 PLANTING OF TREES, SHRUBS, AND GROUNDCOVER A. Planting may occur during winter months only if the weather conditions do not adversely affect the materials or the soil condition. B. The ENGINEER may make adjustments in the location of plants in order to maintain the minimum clearances shown on the Drawings, or to mitigate an unforeseen conflict. In no case shall the CONTRACTOR locate shrubs closer than 2 -feet and trees closer than 4 -feet to hardsurfacing or structures. All trees within 5 -feet of a hardsurfaced area shall be installed with root barriers. C. At street intersections, driveways, and roadway curves, trees and shrubs shall not be planted in areas Q:\pw1PWENGIA_CONTRS12002\TLC Contract\Ncw Section IO.doc Page 114 Special Provisions 08/21/02 I a I I I I 1 I I I I I 1 1 where the mature height of the plant will obstruct a driver's line -of -sight as defined by AASHTO Sight Distance criteria D. Plant holes shall be dimensioned as shown on the Drawings, and shall be roughly cylindrical. The walls and bottoms of plant holes, including those drilled with a power auger shall be scarified. E. If existing tree roots over 1 -inch diameter are severed while excavating the plant pits, the severed faces of the roots shall be cut cleanly with a sharp axe or saw, and then thoroughly coated with emulsified asphalt made especially for use on cut or damaged plant tissues. If the exposed roots cannot be treated immediately, they shall be covered with wet burlap to prevent them from drying out. F. Plants shall not be handled by stems, trunks, or tops, but only by the container. If damage occurs as a result of the careless handling of a plant, the ENGINEER shall have the authority to reject said plant, and require the CONTRACTOR to provide a replacement at the CONTRACTOR'S expense. G. Plants shall be carefully removed from containers. All tin containers, other than knockout cans, shall be cut on two sides to facilitate removal of plants with as little disturbance as possible to the root ball. Cans shall be cut with can cutters or similar equipment. In no case shall cans be broken open with an axe, mattock, or other inappropriate tool. H. If plants do not have young feeder roots which are creamy in color and visible at the edge of the container, the CONTRACTOR shall loosen the roots by cutting in a few places to encourage new feeder root development around the perimeter of the rootball. I. Shrubs and trees shall have their parent trunks set true and plumb in a vertical position. The top of the plant ball shall be set approximately 1 -inch above the finish grade of the planting area. The CONTRACTOR will be held responsible for any settling which occurs, and shall raise and replant any plant whose crown settles below the finish grade. J. Soil excavated from the plant pits, if suitable as topsoil as defined in Section 02911 "Landscape Soil Preparation," may be re -used for planting backfill. If unsuitable soil is encountered while excavating the plant pits, such soil shall be removed from the site, and a sufficient amount of approved topsoil for installing the plant material shall be provided. If soil amendments and/or fertilizer is required per the landscape compatibility/horticultural report, then these materials shall be incorporated before backfill is placed. K. The CONTRACTOR shall place backfill in the plant hole after setting the plant in place and assuring that the trunk is plumb. After bringing the backfill level with the surrounding grade, the CONTRACTOR shall tamp the backfill around the root ball and water thoroughly. If the soil within the plant pit settles, then additional backfill shall be placed. L. Immediately after planting, remove the nursery stake Of any) and securely stake and tie all trees in accordance with the Drawings. Tree stakes shall be installed on the westerly or windward side of the tree for single -stake configurations, or parallel to the curb line for double -stake configurations. Install each tie in a figure "8" pattern with a loop large enough to allow for two years' growth. M. Except where a plant is in a turf area, or where a single plant space is otherwise edged, the CONTRACTOR shall form a bent or ridge of soil in a neat circle at the drip -line of each tree and shrub, to retain irrigation water. N. Remove turf in a 36 -inch diameter area around all trees planted in turf. O. Water each tree or shrub thoroughly during planting and immediately after backfilling, and water Q:1pw\PWENGW_CONTRS\2002\TLC ContracANew Section l0.doc Page 115 Special Provisions 08/21/02 I 1 1 1 i I 1 1 1 I 1 I I 1 I 1 1 again after basin has been constructed. P. If ruts or depressions appear in the turf area after sod has been placed, said depressions shall be filled with top soil so that the finish surface of the turf is uniform throughout. Q. Groundcover plants shall be planted in a triangular pattern at a spacing not to exceed that shown on the Drawings. 3.4 POST PLANTING PROCEDURES A. After planting, the CONTRACTOR shall install any accessories shown on the Drawings, including tree stakes, perforated pipe aerators, and/or tree grates. The following conditions apply to the installation of these accessories: 1. Tree stakes shall be installed with their top ends set below the lowest scaffold branch of the tree. 2. Perforated pipe aerators shall be installed with their top ends set just above grade (not buried). 3. Tree Grates shall be installed flush with the surrounding sidewalk or hardsurfacing material. B. After the pre -emergent herbicide is applied, a 3 -inch thick layer of mulch shall be placed in all landscape areas. The mulch shall not be placed in the plant pits, or in contact with the parent trunk of any tree, shrub, or groundcover plant, unless otherwise specified. C. Following planting and initial watering, the CONTRACTOR shall water all plants and planted areas as necessary to keep the ground moist from the surface to well below the root systems. The foliage of trees, shrubs, or groundcover shall not be wetted when exposed to the hot sun. D. The Contractor shall protect all plants and planted areas against trespassing, theft, and damage during the plant establishment period. If any plants are injured, removed, or destroyed, they shall be treated or replaced as required by the ENGINEER at no cost to the CITY. E. Maintenance of all plant material during the plant establishment period shall be performed by the CONTRACTOR per Section 10-2.02 "Landscape and Irrigation Maintenance." END OF SECTION 10-2.03 LANDSCAPE AND IRRIGATION MAINTENANCE PART 1-- GENERAL 1.1 THE REQUIREMENT A. The CONTRACTOR shall provide all materials, equipment, and labor necessary during the plant establishment and maintenance period to complete all maintenance and related work on the installed landscaping and irrigation system as shown on the Drawings and as specified herein. B. Work Covered in the Section: 1. Maintaining trees, shrubs, groundcover, and/or turf in a healthful, vigorous condition through proper and routine watering, pruning and care. Q:\pw1PWENG A_CONTRS\2002\TLC Contract\New Section 10.doc Page 116 Special Provisions 08/21/02 I I I I I I 1 1 1 I 1 I I I I 2. Promoting proper establishment of trees, shrubs, groundcover, and turf through regular maintenance which may include correcting drainage or settlement problems, protecting root systems, weeding, straightening trees, pruning for safe traffic sight distance, and adjusting planting stakes and ties. 3. Analyzing plant problems and applying correct types and rates of fertilizers, insecticides, fungicides, and herbicides in accordance with the regulations of the San Mateo County Agricultural Commissioner. 4. Providing professional pest control as outlined herein, including vector and rodent control. 5. Maintaining, reporting, and correcting any non-functioning feature or inefficient operation of the automatic irrigation system or associated backflow prevention assemblies. 6. Performing routine general maintenance and clean-up of the landscaped, open space, and/or park areas, including litter and trash removal, and repair of any damage resulting from vandalism, graffiti, or natural cause. 7. Replacing and re-establishing any tree, shrub, groundcover plant, which is found to be in an unhealthful or dying condition, or which has been stolen or vandalized. 8. Performing weed abatement or other required maintenance in open space or riparian areas. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Section 10-2.02 Irrigation Systems B. Section 10-2.03 Landscape Planting 1.3 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Federal Specifications and Standards: AASHTO American Association of State Highway and Transportation Officials ANSI A300-1995 Tree, Shrub and other woody plant maintenance, standard practice B. State of California (Caltrans) Standards: 1. Standard Specifications Section 20-4 Highway Planting C. Reference: State of California Department of Pesticide Regulations State of California Department of Industrial Relations Director's List of Hazardous Substances Construction Safety Orders of the State of California International Society of Arboriculture (ISA) 1.4 CONTRACTOR SUBMITTALS A. At the time of landscape planting, the CONTRACTOR shall submit to the ENGINEER the following: 1. Submit a schedule of proposed routine maintenance activities, including irrigation, fertilization, and plant maintenance during the plant establishment and maintenance periods. 2. Submit a weekly mowing and maintenance schedule to the ENGINEER for each landscaped Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\ew Section lOAoc Page 117 Special Provisions 08/21/02 I i I I I I I I i I I I I I I I I I I area. The ENGINEER shall be notified prior to any changes in the weekly schedule. 3. Submit the names, phone numbers, and addresses of contact persons and alternates who shall be responsible for the care of the landscaping and irrigation system during the maintenance period, and who are capable of responding to the ENGINEER'S concerns on short notice. B. If the CONTRACTOR wishes to substitute different replacement plants for those indicated on the Drawings, a list of the proposed substitutions shall be submitted to the ENGINEER at least thirty days prior to the proposed date of replacement. Substitutions are subject to the approval of the ENGINEER, and/or the Design Review Committee process administered by the City of San Mateo Planning Division. C. The CONTRACTOR shall submit to the ENGINEER a certificate of inspection, as required by law, for transportation of any replacement plant materials to the site. Clearance from the County Agricultural Commissioner, as required by law, shall be obtained before trees or plant materials are delivered from outside San Mateo County. D. If the ENGINEER determines that additional soil samples need to be analyzed to investigate a potential soil -related plant problem, the DEVELOPER or CONTRACTOR shall instruct a qualified soil testing laboratory to analyze additional samples. The results and recommendations of the analysis, including the formulation and rate of application for agricultural chemicals, shall be submitted to the ENGINEER for approval prior to application. 1.5 QUALITY ASSURANCE A. All of the landscaped areas will be reviewed on a regular basis by the ENGINEER. A report may be prepared by the ENGINEER after each inspection detailing the condition of the trees, shrubs, turf, groundcovers, and the general appearance of the site. If the ENGINEER, during routine inspection, determines that the landscaped area has not been maintained according to these specifications, the Plant Establishment Period will stop, and a notice describing the deficiencies will be forwarded to the CONTRACTOR. The CONTRACTOR shall promptly correct all noted deficiencies. The Plant Establishment Period will not commence again until the ENGINEER is satisfied that all deficiencies have been corrected. It is the CONTRACTOR'S responsibility to notify the ENGINEER as soon as the CONTRACTOR encounters problems with plant materials and the general appearance of the site. 1.6 QUALITY CONTROL A. All maintenance work performed per this Section shall be performed by a CONTRACTOR licensed to perform landscape maintenance work who employs personnel familiar with irrigation and plant material maintenance. All work shall be performed under the supervision of a person who is knowledgeable about the CITY'S maintenance requirements and standards, who can effectively communicate with the ENGINEER B. It shall be the CONTRACTOR'S responsibility to maintain all of the landscaped areas in a condition that is acceptable to the ENGINEER, and in a manner which is consistent with accepted horticultural practice. C. All plants which die, which become damaged or diseased, or which are stolen shall be replaced by the CONTRACTOR at the CONTRACTOR'S expense. Replacements shall be new container plants of equivalent size and species as compared to the dead, damaged, or missing plants. The replacements shall be installed within fourteen calendar days from the date when the problem is discovered. D. The CONTRACTOR'S foreman and employees shall have sufficient knowledge of the project, of the Drawings, and of these specifications so that the work can be performed in a manner consistent with Q:\pw\PWENGW_CONTRS\2002\TLC Contracl\New Section 10.doc Page 118 Special Provisions 08/21/02 1 1 1 1 1 1 1 1 1 1 I I 1 1 I 1 I these specifications. PART 2 — PRODUCTS 2.1 GENERAL A. All materials shall be provided by the CONTRACTOR, including any necessary replacement plants or irrigation parts. 2.2 EQUIPMENT A. Any piece of maintenance equipment which utilizes an internal combustion engine shall be equipped with a muffler. The CONTRACTOR shall refrain from using noise -producing equipment between the hours of 11:00 pm and 7:00 am. 2.3 UTILITY SERVICES A. All utility company bills associated with the landscaping or irrigation system shall be paid by the CONTRACTOR until the maintenance responsibility is transferred to the City at the end of the plant establishment and maintenance period. It shall be the CONTRACTOR'S responsibility to notify the appropriate utility company of the transfer of billing accounts upon acceptance of the landscape improvements by the ENGINEER. 1. Water: The CONTRACTOR shall establish accounts with the Water Department for each water meter supplying irrigation water to the landscaped areas. 2. Electricity: The CONTRACTOR shall establish accounts with PG&E for each electrical meter installed for the controller and/or any landscaping, security, or monument lighting within the public right-of-way or public landscape easement area. 2.4 FERTILIZER A. Agricultural chemicals shall bear the manufacturer's label and guaranteed analysis, and shall be subject to the ENGINEER'S review before application. B. The CONTRACTOR shall furnish a complete fertilizer conforming to the landscape compatibility/horticultural report submitted for the project. 2.5 INSECTICIDES, FUNGICIDES, HERBICIDES AND RODENTICIDES A. Insecticides, fungicides, herbicides, and rodenticides shall be consistent with the recommendations included in the horticultural/landscape compatibility report prepared in accordance with Section 02911 "Landscape Soil Preparation" and shall follow the pesticide control advisor's written recommendations as well as meeting the requirements on the label, and shall be supplied in the original manufacturer's containers with complete application and emergency care instructions. B. A Material Safety Data Sheet (MSDS) shall accompany any substance which is listed on the State of California Department of Industrial Relations Director's List of Hazardous Substances. The MSDS for each substance shall be available at all times to any worker who uses the substance during the course of the work. 2.6 TREE STAKES, TREE TIES, AND OTHER ACCESSORIES Q:\pw\PWENGW_CONTRS\2002\TLC Contract\New Section l0.doc Page 119 Special Provisions 08/21/02 1 1 1 1 1 1 I I 1 I A. Tree stakes, tree ties, and other accessories shall be consistent with Section 02930 "Landscape Planting," and shall be consistent with the materials existing at the site. 2.7 IRRIGATION COMPONENTS A. All irrigation components shall be consistent with Section 02810 "Irrigation Systems," and shall be consistent with the materials existing at the site. PART 3 — EXECUTION 3.1 PLANT ESTABLISHMENT AND MAINTENANCE PERIOD A. The CONTRACTOR shall provide maintenance of all landscaping areas and irrigation systems for a period not less than 120 calendar days. Said period will begin upon notification from the ENGINEER that the plant establishment and maintenance period has formally commenced. B. In order for the plant establishment and maintenance period to commence, the ENGINEER must be satisfied that all landscape and irrigation work has been performed in accordance with these Specifications, with the Drawings, and with the project plans. The ENGINEER will confirm compliance during a walk-through arranged by the CONTRACTOR at the completion of the installation. All deficiencies noted by the ENGINEER during the walk-through must be corrected before the plant establishment period can commence. C. After the plant establishment period begins, the CONTRACTOR shall perform all maintenance work described in this section or required by the ENGINEER. If the CONTRACTOR fails to perform the maintenance work to the satisfaction of the ENGINEER, the plant establishment and maintenance period may be suspended by the ENGINEER until strict compliance is demonstrated. D. Approximately 30 calendar days before the plant establishment and maintenance period is scheduled to end, the CONTRACTOR shall request a courtesy walk-through with the ENGINEER. The ENGINEER will again review the health of the plant materials, the operation of the irrigation system, and the condition of the site. During this walk-through, the CONTRACTOR shall prepare written notes of any deficiencies discovered by the ENGINEER A copy of these notes shall be provided to the ENGINEER upon request. The CONTRACTOR shall then promptly correct all noted deficiencies. E. On or about the date when the plant establishment and maintenance period is scheduled to end, the CONTRACTOR shall request a fmal walk-through with the ENGINEER. All deficiencies noted during the courtesy walk-through must be resolved to the satisfaction of the ENGINEER before the final walk- through will be scheduled. If, during the final walk-through, new deficiencies are discovered, the ENGINEER will prepare a fmal Punch List. Said list will then be forwarded to the CONTRACTOR, and will serve as the final list of deficiencies which must be resolved prior to acceptance. F. Since ornamental landscapes require an intensive program of regular maintenance, the CONTRACTOR'S failure to promptly correct one deficiency may result in other more significant and costly deficiencies (e.g. failure to repair a broken irrigation head may result in the loss of plant material). As such, the CONTRACTOR will remain responsible for the condition of the entire landscaped area until final acceptance is granted by the ENGINEER The ENGINEER reserves the right to amend the Punch List and to extend the plant establishment and maintenance period if the CONTRACTOR fails to promptly correct noted deficiencies. G. Upon written acceptance of the landscaped area for permanent maintenance by the CITY, the CONTRACTOR shall notify all utility companies supplying services to the site that the maintenance obligation has been assumed by the City of San Mateo as stated in UTILITY SERVICES in PART 2 - Q:\pw1PWENG\A CONTRS12002\TLC Contract'ew Section 10.doc Page 120 Special Provisions 08/21/02 PRODUCTS of this Section. It shall be the CONTRACTOR'S responsibility to initiate the transfer of billing accounts to the CITY'S name after acceptance has been granted. 1 1 1 I I 1 I i 3.2 GENERAL MAINTENANCE PROCEDURES A. General: The CONTRACTOR shall provide, until final acceptance of the project, regular maintenance of all plants and planted areas in a healthful, thriving condition in accordance with accepted horticultural practices and ISA Pruning standards. Maintenance operations shall include watering, weeding, replanting, fertilizing, clearing debris, and any other operations necessary to maintain plant health and vigor, including treatment for fungus, diseases, insect pests, weeds, or rodents. B. Protection: The CONTRACTOR shall protect all plants and other landscaping improvements including existing landscaping against trespass, vandalism, and theft Said protection shall be provided from the time the improvements are installed until the conclusion of the plant establishment and maintenance period. If any plants or other improvements are damaged, vandalized, or stolen, they shall be repaired or replaced as required by the ENGINEER Any necessary temporary safeguards or barriers shall be provided by the CONTRACTOR, and removed when no longer needed. C. Pest Control: 1. The CONTRACTOR shall act as or coordinate with a licensed specialist to identify any pest management problems which may arise in the landscaped area. The specialist shall be familiar with various integrated pest management (IPM) programs. The CONTRACTOR may be required to develop an IPM plan to effectively eradicate any diseases or pest problems which develop during the plant establishment and maintenance period. The development and execution of the IPM program shall be the responsibility of the CONTRACTOR 2. The noxious weed, disease, and pest control methods may include any combination of the following: A. Pre -emergent herbicide application B. Post -emergent herbicide application C. Weeding D. Tree injection E. Aquatic herbicide application F. Trap and release techniques G. Poison baiting H. Debris or food source removal I. Water jetting. J. Insecticide, fungicide, rodenticide or other K. Pesticide application L. Repeated control methods as necessary M. The use of insect predators N. Any other procedure recommended by the arborist, pest control advisor, or required by the ENGINEER. 3. If requested by the ENGINEER, the CONTRACTOR shall provide a copy of any spray report showing details of areas, times, chemicals and rates of application. 4. Under no circumstances shall agricultural chemicals be allowed to contaminate any open waterways or storm drain networks. The application rates shall not exceed the manufacturer's recommendations or be applied in a manner inconsistent with the label or pest control advisor's Q:\pw\PWENG\A_CONTRS\2002\ TLC Contract\New Section 10.doc Page 121 Special Provisions 08/21/02 written recommendations, and any spilled material shall be cleaned -up immediately and completely. 1 11 1 I I 1 D. Manual weeding shall be performed in conjunction with chemical weed control methods. The CONTRACTOR shall remove both the root system of the weed, and the exposed growth. A trowel or small hand shovel shall be used to loosen the soil prior to removal of each weed. The CONTRACTOR shall exercise caution when working in areas with buried drip irrigation systems to prevent the drip tubing from becoming damaged or severed. The presence of weeds that have gone into flower and seed will be grounds for suspension of the plant establishment and maintenance period until the ENGINEER is assured that the weed problem has been brought under control. E. Pruning shall be performed in strict accordance with ISA standards. 3.3 TREE MAINTENANCE A. A complete and balanced pruning program shall be provided for all trees. Trees shall be pruned to accentuate their natural form by properly selecting and developing permanent scaffold branches that are smaller in diameter than the trunk or branch on which they are growing. All dead, damaged, diseased, crossing, rubbing, or otherwise unhealthy plant parts shall be removed. Tree crowns shall be thinned if they become too heavy to be self-supporting, or if they are susceptible to wind or storm damage. The CONTRACTOR shall maintain a 12 -inch minimum radius clearance measured from the face of the tree trunk. B. All trees shall be inspected by the CONTRACTOR after every wind or rain storm to determine if any damage has occurred. Broken branches shall be pruned, and stakes shall be straightened and adjusted as necessary so that the tree trunk is in a plumb, vertical position. C. Broad -leaf evergreen trees may be pruned and thinned throughout the year, whereas deciduous trees shall be pruned only if required to correct vandalism damage, wind damage, or disease. Prune and shape all trees to avoid future problems of height, spread or wind damage and so that the natural appearance will be enhanced. D. If a conifer tree loses its terminal leader, a new leader shall be pruned and trained. Under no circumstances shall any conifer tree be topped or pruned into an unnatural shape. E. Recognized horticultural practices shall be followed when pruning trees, including the use of appropriate took Plant parts shall be cut flush to the branch collar. Birches, alders; maples and pines shall not be pruned until after June 1st. Any debris generated during pruning operations shall be collected and disposed of by the CONTRACTOR. F. All cuts shall be made with a clean, even cut at the branch collar ring adjacent to the nearest bud or other branch. On large limbs, initial cuts shall be made using the three -cut system outwards from final cut to avoid excessive weight and bark tearing. No wound sealers shall be used unless approved by the ENGINEER G. The CONTRACTOR shall trim any "suckers" and water shoots which appear around the base of the parent trunk, and shall treat the cuts with a growth regulator/sealer as specified in PART 2 - PRODUCTS of Section 10-2.03. H. Trees planted in the median island which are within 300 -feet of a street intersection shall be pruned to prevent line -of -sight obstructions for vehicle traffic. The CONTRACTOR shall provide a minimum of 8 -feet of vertical clear space measured from the top of curb to the lowest scaffold branch. In addition, the CONTRACTOR shall prune trees to maintain the sight clearance for all traffic and guide directional Q:\pw\PWENGW_CONTRS\2002\TLC Contracalew Section lo.doc Page 122 Special Provisions 08/21/02 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 signs. I. Trees planted adjacent to walking surfaces shall be pruned to raise the lower branches above head height wherever the branches overhang the walking surface. J. Trees planted beneath overhead utility wires shall be pruned as necessary to prevent the branches from interfering with the suspended wires. K. The CONTRACTOR shall spray trees for diseases and insects if these problems become apparent, or if directed by the ENGINEER. L. Tree stakes shall be maintained in a vertical position, and in good repair. Ties shall be checked periodically, and all worn or broken ties shall be replaced. If ties become tight or begin to interfere with proper tree growth, they shall be adjusted. M. The CONTRACTOR may remove staking which is no longer needed by trees with sufficient trunk caliper, upon approval of the ENGINEER. 3.4 SHRUB MAINTENANCE A. The CONTRACTOR shall provide a complete and horticulturally correct shrub pruning program. A combination of shearing and selective hand pruning shall be performed. When shrubs are sheared, the CONTRACTOR shall also perform selective hand pruning to regenerate new branches, eliminate dense plant crowns, and to encourage the development of balanced foliage. When planted in masses, shrubs shall be allowed to grow together to fill the bed. Shearing shall only be done to maintain a neat, uniform appearance and to keep shrubs growing within their intended space. B. Shrubs at intersection corners shall be pruned to prevent driver sight obstructions within the safe sight distance zone defined by AASHTO Sight Distance criteria. In general, shrubs shall be allowed to grow no higher than 30 -inches above the top of curb within the area designated as the sight distance zone, although a lesser height may be required at certain locations. C. The foliage of shrubs planted along sidewalks, curbs, or other hardsurfaced areas shall be pruned back to maintain a 6 -inch minimum clearance measured from the edge of the hardsurfacing: D. The foliage of shrubs planted adjacent to fences, buildings, walls, pedestal -type utility enclosures, or other vertical elements shall be periodically pruned -back such that the branches do not rub on or become entangled in the feature, except that a clear path to the feature shall be provided if access is necessary (e.g. a path to the door of a pedestal -type utility enclosure shall be maintained at all times). E. Shearing of hedge shrubs shall be performed in an even, uniform manner. Care shall be exercised so that gaps or holes do not develop as a result of poor shearing practices. Large heavy stems shall be selectively removed to encourage foliar growth inside the branch network. F. All trimmings generated during pruning operations shall be disposed of by the CONTRACTOR on the day of pruning. 3.5 GROUNDCOVER AND PERENNIAL MAINTENANCE A. All groundcover plantings shall be trimmed back from hardsurfacing materials, header boards, shrubs, trees and utility enclosures. All groundcover areas shall be edged using a power edger or other appropriate tool. Upon completion of the edging operation, the groundcover edge shall be set back approximately I/2 inch from the edge of the hardsurfacing. All clippings or displaced soil shall be Q:\pwWWENGW_CONTRS\2002\TLC Contract\New Section 10.doc Page 123 Special Provisions 08/21/02 removed and/or swept into the groundcover area when edging is complete. B. The CONTRACTOR shall provide regular maintenance of all seasonal and perennial flower beds. This includes the removal of all spent blooms and dead plant material. Beds shall also be regularly weeded. At the end of each season, perennials shall be cut back to ground level after the foliage has died back. All annual flowers shall be removed once damaged by frost. The flower beds shall then be raked level, and all debris removed and disposed of by. the CONTRACTOR. All annual flower beds shall be replanted in the Spring, if required by the ENGINEER. 3.6 GENERAL MAINTENANCE AND CLEAN UP 1 1 1 1 I 1 1 I 1 A. Cleanup shall be performed by the CONTRACTOR, and shall include the pick-up of scattered trash, the emptying of all refuse containers, and the removal of all leaves, branches, excess soil, empty plant containers, grass cuttings, weeds, or any other debris that mayaccumulate at the site. B. The CONTRACTOR shall promptly remove graffiti from any surface within the landscaped area. Said surfaces may include sound walls, controller cabinets, monument signs, benches, play equipment, light fixtures, etc. The CONTRACTOR shall notify the San Mateo Police Department if a graffiti problem persists. C. All planted areas, around shrubs and trees, adjacent paved areas, areas next to buildings, next to buildings, fences, benches, sidewalks, curbs, and gutters shall be kept free from weeds, litter, rocks, glass, and debris. D. All cracks or joints in sidewalks, curbs, street gutters, and other hard -surfaced areas shall be treated with a herbicide if weeds begin to propagate in the cracks. E. Bark, sand, and gravel areas shall be raked as required to keep them level and free of foreign material. F. Sidewalks and other hard -surfaced areas shall be kept swept free of any sediment, sand, gravel, or mulch that might be washed onto such areas from adjacent landscape slopes. 3.7 GRADING MAINTENANCE A. If the root ball of any plant settles below the level indicated on the drawings, said plant shall be raised and replanted to the proper elevation. B. Depressions shall be filled with top soil as necessary to achieve a uniform surface. C. The watering basin surrounding each plant pit shall be repaired as necessary to assure proper irrigation of each plant. Water basins in the turf area will not be permitted. 3.8 IRRIGATION SYSTEM MAINTENANCE A. General: 1. It is the CITY'S objective to actively pursue water conservation within publicly -owned landscape areas. The CONTRACTOR can expect the administration of this irrigation specification to be closely monitored. 2. The CONTRACTOR shall have full responsibility to ensure watering requirements are met within each landscaped area. The CONTRACTOR shall be capable of performing repairs, installations and modifications to the existing irrigation system to adequately irrigate all landscaped areas. Q:\pw1PWENGW_CONTRS\2002\TLC Contract\New Section 10.doc Page 124 Special Provisions 08/21/02 1 I 1 1 1 I 1 1 1 I 1 1 3. If any part of the irrigation system is vandalized or stolen, the CONTRACTOR shall immediately repair or replace the affected component. If the component cannot be repaired immediately, the CONTRACTOR shall initiate a program of manual watering for all affected areas until the system is fully functional or install a loaner unit. All irrigation items stolen or vandalized shall be reported to the ENGINEER. B. Maintenance and repair: 1. As part of the maintenance obligation, the CONTRACTOR shall regularly inspect the operation of the complete irrigation system, including periodic manual checks of the operation of each station. If a damaged component is discovered, the CONTRACTOR shall promptly repair the damage using replacement parts which are compatible with the original parts. 2 All spray heads shall operate efficiently and without obstruction. The pop-up extension shall glide smoothly to a fully extended position when in operation, and shall retract completely when the watering cycle ends. The nozzles shall spray with the proper arc and trajectory, and the orifice shall remain unobstructed. The screen within each head shall be periodically cleaned. Replacement parts shall be compatible with the existing equipment, and shall be installed in accordance with the manufacturer's recommendations. 3. If required by the ENGINEER, the rotor or spray head at the end of the lateral line for each station shall be removed so the system can be flushed with water. Said flushing shall be performed until the water flows clean. The rotor or spray head shall then be carefully reinstalled. 4. All remote control valves shall close consistently and completely at the conclusion of each station cycle. Main -line irrigation leaks shall be promptly repaired. 5. The controller shall be inspected weekly to assure that the system programming is appropriate and efficient. The CONTRACTOR shall replace any controller which does not perform to the manufacturer's specifications. 6. All spray heads, bubblers, and emitters shall be adjusted to eliminate clogs or over spray onto the streets, walkways, buildings, walls, signs, or other features that may be damaged or stained by irrigation water. C. Watering: 1. Seasonal programming of the controller shall be performed by the CONTRACTOR according to the evapotranspiration rates for different months of the year and the plant's crop coefficient factor. The time and duration of watering for each station shall be adjusted regularly to account for seasonal temperature and precipitation changes. The irrigation shall be shut-off during weeks of heavy rain. 2. Manual watering shall be performed only to supplement the irrigation water provided to particular plants or areas by the automatic irrigation system. Manual watering shall not be performed to disguise a deficiency in the automatic irrigation system. If the automatic irrigation system fails to adequately distribute water to all landscaped areas or plants, the CONTRACTOR shall modify the irrigation system as necessary to achieve complete coverage. 3. Following planting and initial watering, the CONTRACTOR shall assure that the irrigation system provides water for all plants and planted areas as necessary to keep the ground moist from the surface to well below the root systems. END OF SECTION Q:1pw1PWENGIA CONTRS12002\TLC ContlactlNew Section 10.doc Page 125 Special Provisions 08/21/02 1 I I I I I I 1 I I 1 1 I I 1 10-3.00 SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS 1.1 DESCRIPTION Modifying and installing street lighting, access gates, PG&E transformer vault and conduit, irrigation controller cabinets and pedestrian safety system as part of the street improvements on First, Second and Third Avenues, South Railroad Avenue and Main Street shall conform with the latest edition of the Caltrans Standard Specifications Section 86 "Signal, Lighting and Electric Systems" of the Standard Specifications, and these Specifications. 1.2 COST BREAKDOWN Cost breakdowns shall conform to the provisions in Section 86-1.03, "Cost Break -Down", of the Standard Specifications and these Special Provisions. The Engineer shall be furnished a cost breakdown for each contract lump sum item of work described in this Section 10-3. The cost breakdown shall be submitted to the Engineer for approval within 15 days after the contract has been approved. The cost breakdown shall be approved, in writing, by the Engineer before any partial payment for the items of electrical work shall be made. The cost breakdown shall include the following items in addition to those listed in the Standard Specifications: A. PG&E Transformer Vault 1.3 EQUIPMENT LIST AND DRAWINGS This section shall conform to the provisions in Section 86-1.04 of the Standard Specifications and these special provisions. A maintenance manual shall be furnished for the pedestrian safety equipment: The Maintenance manual and operation manual may be combined into one manual. The maintenance manual or combined maintenance and operation manual shall be submitted prior to purchase. The Maintenance manual shall include, but need not be limited to, the following items: A Specifications B Design Characteristics C General operation theory D Function of all controls E Trouble shooting procedure (diagnostic routine) F Block circuit diagram G Geographical layout of components H Schematic diagrams I List of replaceable component parts with stock numbers. 1.4 MAINTAINING EXISTING AND TEMPORARY TRAFFIC FACILITIES Maintaining existing and temporary electrical systems shall conform to the provisions in Section 86-1.06, "Maintaining Existing and Temporary Electrical Systems," of the Standard Specifications and these Special Provisions. Q:\pw\PWENGW_CONTRS\2002\TLC Contract\New Section l0.doc Page 126 - Special Provisions 08/21/02 1 I I I I 1 I I I I I 1 I I 1 I 1.5 TRENCHING AND BACKFILLING Trenching, backfilling and pavement restoration shall conform to the provisions in Section 86 — 2.01 "Excavating and Backfilling" of the State specifications and these Special Provisions. 1.6 FOUNDATIONS Foundations shall conform to the provisions in Section 86-2.03 "Foundations" of the Standard Specifications and these Special Provisions. When a foundation is to be abandoned the top of the foundation shall be removed to a depth of not less than 24" below the top of the roadway. 1.7 STANDARDS, STEEL PEDESTALS AND POSTS Electroliers standards shall conform to. Section 86-2.04 "Standard, Steel Pedestals and posts" of the Standard Specifications and the Standard Details and as modified in the Standard Provisions. All lighting poles and standards shall be provided with handholes. Handhole covers and access doors shall be secured with allen-head screws or other tamper resistant devices. Location of each new pole and post shall be approved by the City prior toexcavation for foundation. Contractor shall exercise caution when excavating for foundation to avoid conflicts with any underground utility lines. The Contractor shall notify the City and appropriate utility company immediately if conflicts occur. Should the location of poles to be relocated because of conflicts; the Contractor shall do so at no additional cost to the City. 1.8 CONDUIT Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and these Special Provisions. Conduit to be installed underground shall be schedule 40 PVC type, with no concrete cover, unless otherwise noted. Conduit from the tree receptacles to the nearest pull box shall the Galvanized Rigid Steel type. The service riser shall be the schedule 80 PVC type. Conduit runs shown on the plans are diagramatic only. Conduit runs shown in front of the lip of gutter on the plans shall be installed under the new curb and gutter. When a standard coupling cannot be used for coupling metal -type conduit, an UL -listed threaded union coupling, as specified in the third paragraph in Section 86-2.05C, "Installation," of the Standard Specifications, or a concrete - tight split coupling or concrete -tight set screw coupling shall be used. Rigid metal conduit to be installed shall not be used as a drilling or jacking rod. Insulating bonding bushings will be required on metal conduit. After conductors have been installed, the ends of conduits terminating at pull -boxes and cabinets shall be sealed with an approved sealing compound. Conduits entering pull -boxes shall enter at an angle not greater than 45 degrees from the horizontal. QApw\PWENO\A_CONTRS\2002\TLC Conhact\New Section 10.doc Page 127 - Special Provisions 08/21/02 I 1 I I I 1 1 I 1 I I I I I 1 Conduit between irrigation controller cabinet and adjacent service pull box shall be trade size 1 1/2 inches. The Contractor shall coordinate the installation of the PG&E conduit as shown on Sheet E-4 with PG&E. This conduit shall be inspected by PG&E before backfilling to ensure that the installation conforms to the requirements of PG&E. 1.9 PULL -BOXES Pull -boxes shall conform to the provisions in Section 86-2.06, "Pull -boxes," of the Standard Specifications and these Special Provisions. Grout shall not be placed in the bottom of pull -boxes. Pull -box covers used within the street light. When pull box is located in the Brown Band area, the pull box cover and portion of pull box surrounding the cover shall be treated with Bomanite "Micro -Top" or approved equal to match the surrounding concrete color. One cover shall be treated and submitted for approval at the same time the concrete mockups are constructed. Pull boxes shall be installed as shown on Caltrans Standard Plan ES -8. Covers for city systems shall be marked "CITY" in lieu of "CALTRANS." Covers shall be marked "ELECTRIC" in lieu of "STREET LIGHTING." 1.10 PG&E PULL BOX PG&E pull box shall have inside dimensions of 3'x 5'x 4'-6" DEEP. Pull box shall be rated for full traffic with a concrete type cover. The complete assembly shall conform to PG&E code "040327". The shop drawings for this pull box shall be approved by PG&E. The installation shall be coordinated with and inspected by PG&E to ensure that the installation conforms to PG&E standards. 1.11 PG&E TRANSFORMER VAULT PG&E transformer vault shall have inside dimensions of 4'-6"x 8'-6"x 7'-6" DEEP. Vault shall be rated for traffic with a concrete type cover. The complete assembly shall conform to PG&E code "041439". The shop drawings for this vault shall be approved by PG&E. The installation shall be coordinated with and inspected by PG&E to ensure that the installation conforms to PG&E standards. 1.12 CONDUCTORS AND WIRING Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors," and Section 86-2.09, 'Wiring," of the Standard Specifications and these Special Provisions. All splices shall be insulated by. "Method B". See CalTrans Standard Plan ES -13 for splicing details. 1.13 BONDING AND GROUNDING Bonding and grounding shall conform to the provisions of Section 86-2.10, "Bonding and Grounding," of the Standard Specifications and these Special Provisions. 1.14 SERVICE Service shall conform to the provisions of Section 86-2.11, "Service of the. Standard Specifications", and these special provisions. Q:\pwPMENGv+_CONrRS\2002\TLC Contract\New Section 10.doc Page 128 Special Provisions 08/21/02 Continuous welding of exterior seams in service enclosures is not required. Type III service equipment enclosures shall be the aluminum type. Circuit breakers shall be the cable-in/cable-out type, mounted on non -energized clips. All circuit breakers shall be mounted vertically with the up position of the handle being the "ON" position. The neutral conductor shall run from the service equipment enclosure to the controller cabinet without splicing to any other neutral conductor. The bottom of the lowest circuit breaker shall be 600 -mm minimum above the bottom of the service equipment enclosure. 1.15 NUMBERING OF ELECTRICAL EQUIPMENT The Contractor shall contact the City for electrolier and electrical equipment numbering information and place these numbers on the equipment as directed by the City. Self-adhesive reflective numbers and edge sealer will be City -furnished in conformance with the provisions in Section 5.0, "Control of Work and Materials" of these Special Provisions. The numbers and edge sealer shall be placed on the equipment where designated by the Engineer. Where new numbers are to be placed on existing or relocated equipment, the existing numbers shall be removed. Reflective numbers shall be applied to a clean surface. Only the edges of the numbers shall be treated with edge sealer. Where shown on the plans 5 -digit, self-adhesive equipment numbers shall be placed for all electroliers and service pedestals. On service pedestals, the numbers shall be placed on the front door. On electroliers, the numbers shall be placed as shown on the plans. 1.16 TESTING Testing shall conform to the provisions of Sections 86-2:14, "Testing" of the Standard Specifications and these Special Provisions. The functional test for each system shall consist of not less than fifteen (15) days. If unsatisfactory performance of the system develops, the conditions shall be corrected and the tests shall be repeated until the fifteen (15) days of continuous, satisfactory operation is obtained. The following rules will be observed during the functional test: a. It is assumed that all equipment will be in first-class working order at the beginning of the test. Therefore, adjustment or replacement of components will be considered as a malfunction and cause for termination of the test. b. The test period shall be started on a date mutually agreeable to the City and the Contractor c. A malfunction in a local controller cabinet or its components will terminate the test at that location only. d. The Contractor shall coordinate with the Engineer during the test period. The City shall provide someone who is thoroughly familiar with the maintenance and operation of the equipment. On receipt of the reported malfunction, the Contractor will respond to the call with a representative of the City.. In the event of a malfunction the restoration of normal operation shall not be delayed by an attempt to determine responsibility for cause of the Q:\pw\PWENG\A_CONTRS\2002\TLC ContrnctWew Section 10.doc Page 129 Special Provisions 08/21/02 malfunction. If the cause of the malfunction cannot be ascertained prior to restoration of normal operation and subsequent investigation does not reveal that the malfunction was caused by circumstances beyond the Contractor's control, it shall be assumed that the equipment has failed. e. In the event that it is not possible for the Contractor's representative to agree on the cause of the malfunction, the City's decision shall be binding. f. During malfunctions beyond Contractor's control, acceptance test shall be suspended until corrections have been made. Malfunctions to be excluded from this test include: Light bulb failure. Failures caused by other than supplier equipment or personnel. Failures caused by natural disasters or acts of God. 1.17 PAINTING Painting shall conform to the provisions in Section 86-2.16, "Painting," of the Standard Specifications and these Special Provisions. Prior to commencing painting work, the Contractor shall consult with the Engineer for possible deletion of the painting requirement on certain hardware items. All new pedestrian push button and sign standards or posts shall be galvanized. 1.18 LUMINAIRES Luminaires to be installed on this project shall be as shown on the plans and as specified in Section 86-6.01 of the Standard Specifications, the Standard Provisions and these Special Provisions. Ballasts shall be the lead or lag regulator type. 1.19 PEDESTRIAN SAFETY SYSTEM DESCRIPTION: The mid -block pedestrian safety system shall be installed at the location shown on the contract plans as recommended by the manufacturer or supplier (LightGuard System, Inc. at 707-542-4547 or approved equal). The pedestrian safety system shall alert motorists that they are approaching an occupied crosswalk. SUBMITTALS: The contractor shall submit manufacturer's installation and operating instructions for all pedestrian safety equipment. The pedestrian safety system shall include, but is not limited to, the following: LED LIGHT FIXTURES: Light -emitting diode (LED) in -roadway warning signal shall be amber and unidirectional in a durable housing and shall not extend more than 0.75 inches above the pavement. The light source shall be an amber, non -diffused LED lamp. The lighting fixtures shall emit light in only one direction, the direction of approaching vehicles, and not shine into or across the marked crosswalk, so as not to be viewed by crossing pedestrians. The LED lights shall operate at an enhanced flash rate of multiple flashes per second. The flash rate shall meet or exceed the standards established in the Caltrans Traffic Operations interim guidelines. The light fixture housing shall be high tensile aluminum alloy with an anti -corrosion finish applied to ensure suitable protection for the life of the product. The lighting fixture shall be capable of withstanding normal vehicle traffic without sustaining permanent deformation or cracking of materials. Fixtures shall have a smooth shaped Q:1pw1PWENGW_CONTRS\20021TLC ContractNew Section 10.doc Page 130 Special Provisions 08/21/02 I I I i I I I I I M I I I I face and shall have a diameter of not more than eight (8) inches. In -roadway warning signals shall be place on both outside edges of the crosswalk striping as shown on the plans. POWER CONTROL UNIT: Drive electronics are to be housed in a NEMA 3 R Aluminum Type III -AF service enclosure. Contained in the enclosure is the power control unit (PCU) which is based on an 8 -bit embedded micro - controller. Keyboard and LCD shall be provided to allow user adjustments to the system, and programmed software. System shall operate on 12.5 volt DC power. When operated, the LED in -warning signal shall operate in a controlled flashing mode, with a pulse pattern of 1 second at 4 to 6 pulses per second with a 50% duty cycle, followed by 1 second of steady ON. The pulse rate and duty cycle shall not be within the range of the photoconvulsive frequency indicated by the National Institute of Health of Epilepsy Research (NIHER). The pedestrian safety system shall be automatically activated using the bollard activation system. The system shall consist of bollards placed so that pedestrians entering the crosswalk passing between them automatically activates the system. Each bollard shall contain sensors that project a modulated infrared light beam that detects directional movement for entry into the crosswalk and not for exit. CONDUCTORS: Conductors for lighting fixtures shall be stranded #14 AWG, type RHH or RHW-2 (Type EPR/Hypalon 600 Volt Power Cables, 90 degrees Celsius dry and 75 degrees Celsius wet). Conductors for the push button post and active pedestrian symbol sign shall be stranded 7 # 18 signal cables with TFN insulation and PVC Jacket (Type TC, UL 1277 600 Volt Cables, 90 degrees Celsius.) Conductors shall be installed either in underground conduit or in sawcuts as noted on the plans. All conductors in sawcuts shall be installed per manufacturer recommendations and details. INSTALLATION AND STARTUP: The Contractor may install equipment for pedestrian safety system prior to AC overlay or installation of sidewalk. The contractor shall coordinate with the manufacturer's representative to ensure that the system is installed and operates as recommended by the manufacturer. The manufacturer shall provide startup assistance in the presence of the Engineer. 1.20 PHOTOELECTRIC CONTROLS Photoelectric controls for City systems shall be Type II or similar to Type IV as shown on the plans and shall conform to the provisions in Section 86-6.07 of the Standard Specifications and these Special Provisions. Supply voltage rating shall be 120 to 240 volts. 1.21 REMOVING, REINSTALLING OR SALVAGING ELECTRICAL EQUIPMENT Salvaged electrical materials shall be hauled to and stockpiled at the City Corporation Yard on: 1949 Pacific Boulevard San Mateo, CA. 94403 The Contractor shall provide equipment, as necessary, to safely unload and stockpile the material. A minimum of 2 working days notice shall be given prior to delivery. Full compensation for hauling and stockpiling electrical materials shall be considered as included in the contract Q:\pw\PWENGW CONTRS\2002\TLC Contract\New Section IO.doc Page 131 Special Provisions 08/21/02 price paid for the item requiring the material to be salvaged, and no additional compensation will be allowed therefore. 1.22 MEASUREMENT AND PAYMENT The contract lump sum prices paid for lighting at each location shall include miscellaneous electrical work such as providing electrical service for irrigation control, access gstes, pedestrian safety system, Automatic Vehicle Identification (AVI) and closed circuit television (CCTV). The contract lump sum prices paid for lighting shall also include empty raceway for telephone, PIV valve, AVI and closed circuit television as shown on the plans and as described in these specifications. The AVI and CCTV equipment will be supplied and installed by others. However, the Contractor shall coordinate provisions for electric service and empty communications raceway for this equipment with the City. The contract lump sum prices paid for the pedestrian safety system shall include providing and installing all the equipment associated with the pedestrian safety system as shown on the plans and as described in these specifications. The contract lump sum price paid for PG&E transformer vault pull boxes and conduit shall include providing all the materials and doing all the work in providing this equipment as shown on Sheet E-4 and as described in these specifications. Full compensation for hauling and stockpiling electrical materials shall be considered as included in the contract price paid for the item requiring the material to be salvaged, and no additional compensation will be allowed therefore. END OF SECTION Q:\pw\PWENGW_CONTRS\2002\TLC Contract\New Section 10.doc Page 132 Special Provisions 08/21/02 I I I I I I U I I 1 t I I I SECTION 13. RAILROAD RELATIONS AND INSURANCE 13.01 GENERAL This work shall consist of all work and materials necessary to coordinate with the railroad for the duration of the project as shown on the plans, as specified in these special provisions and as directed by the Engineer. A Right of Entry Permit Agreement from the Peninsula Corridor Joint Powers Board (PCJPB), will be required for construction within the railroad right-of-way. Contractor shall execute a Right of Entry Permit Agreement (Agreement) with the PCJPB and shall abide by the requirements therein. A sample of the Agreement is attached hereto for reference. As used in the Right of Entry Permit Agreement, unless the context otherwise requires, the terms used in the Agreement shall have the following meanings: Permittor.—The term "Permittor" as used in the Right of Entry Permit Agreement includes, in addition to the Peninsula Corridor Joint Powers Board (PCJPB). the City and County of San Francisco, the County of San Mateo, the County of Santa Clara Transit District, the San Mateo County Transit District, the Union Pacific Railroad Company and the National Railroad Passenger Corporation, the City of South San Francisco, the State of California, and the assigns of any of them. Permittee.—The term "Permittee" as used in the Right of Entry Permit Agreement means the Contractor and his Subcontractor(s), their agents, employees and invitees. In addition to Article 9, "Indemnity," and Article 10, "Insurance;" of the Right of Entry Permit Agreement, the following parties shall be added as Indemnitees and named as additional insureds: Property. The term "Property" used in this section shall refer to the property owned by PCJPB, Caltrain. Work in and adjacent to PCJPB's right-of-way shall require close cooperation with and approval by PCJPB. No work shall commence within PCJPB's Operating Envelope until the Agreement has been executed between PCJPB and the Contractor, proper insurance certificates are provided and approved, and a PCJPB approved Site Specific Work Plan (SSWP) is received by the Contractor. All work within and adjacent to the Operating Envelope shall be performed in accordance with PCJPB's Standards, Volume I, Section 3, "Operating System Interface", which is attached as Exhibit C to the Right of Entry Agreement for reference. In addition to complying with requirements of PCJPB's Operating System Interface, additional restrictions may be imposed on the Contractor's work in and adjacent to PCJPB right-of-way. There will be several PCJPB construction projects occurring simultaneously along PCJPB's railroad corridor between the Counties of San Mateo, San Francisco, and Santa Clara therefore PCJPB may need to further restrict Contractor's operations. These additional restrictions shall be based on ongoing review of actual progress on various projects. Actual working hours available will be provided to the Contractor during construction. Except for an extension of time which may be granted as determined in pursuant to the provisions in Section 8-1.07, "Liquidated Damages," of the Standard Specifications, the Contractor shall have no claim for damage or compensation for any delay or hindrance as a result of additional restrictions imposed by PCJPB to the Contractor's construction operations within or adjacent to the railroad right of way. Full compensation for obtaining the PCJPB Right of Entry Agreement, including payment of approximate $900.00 fee and the cost of premiums for obtaining PCJPB required insurance and bonding; coordination with PCJPB as required by Agreement; and all necessary tools, equipment, labor, materials and incidentals required by compliance with this section of the special provisions shall be borne by the Contractor at its own expense and shall be considered as included in the various items of work to be performed on or over the PCJPB right-of-way and no separate payment or additional compensation will be allowed therefore. Contractor shall comply with the latest revision of the PCJPB's Standards Volume I "A Manual for Track Specifications and Design Guidelines for Grade Separations and Any Other Encroachments" and Volume II "A Manual for Right of Way Standards for Longitudinal and Transverse Utility Encroachments" for all work on or adjacent to PCJPB property. If there is a conflict between PCJPB Standards and any other specifications the PCJPB Standards will prevail for work performed Q:1pw\PWENGW CONTRS\20021TLC Contrac[VSection4-13raiirelations.doc 133 8/22/02 I I 1 i r i I I I I I I I on or over the PCJPB right-of-way. By reference PCJPB Standards Volume I and II are incorporated into these Special Provisions. The PCJPB Standards are available at SamTrans, 1250 San Carlos Ave, San Carlos, CA 94070, at Contractor 's expense, for approximately $20. Excavation shoring and falsework plans shall be prepared in conformance with PCJPB Standards Volume I and. Shoring tie backs will not be permitted to be installed under operating tracks. All excavation shoring plans, falsework plans and their structural calculations shall be prepared and stamped by a California Professional Engineer licensed in Civil Engineering with a minimum of 5 years of experience specializing in the design of shoring subjected to railroad loading or falsework constructed adjacent to live railroad traffic, or shall be a registered California Professional Engineer licensed to use the title "Structural Engineer". No placement of temporary formwork, falsework or bracing shall be allowed within 14'horizontally of the nearest track centerline. All falsework shall be in accordance with the State of California, Department of Transportation (Caltrans) Falsework Manual and PCJPB Standards, current edition. The Contractor shall submit a SSWP as required by the PCJPB prior to the beginning of any excavation work on the PCJPB right of way. The SSWP shall be submitted to the Engineer and shall provide sufficient detail of the work plan (to include limits of excavation) All Contractor submittals and communications required by the PCJPB, except those required to execute the Agreement, shall be submitted directly to the City Engineer or his/her representative. The City Engineer or his/her representative will then transmit the appropriate submittals to the PCJPB for coordination with the PCJPB for submittal review, comment and approvals. The City Engineer or his/her representative will return all submittals to the Contractor after PCJPB consideration. Submittals for items related to PCJPB work or which may impact PCJPB's facilities (e.g. shoring adjacent to tracks, etc.) shall require an extended review cycle (minimum 45 days) to allow PCJPB to review. The Contractor shall comply with all requirements of the PCJPB while performing work on PCJPB right-of-way and in addition shall comply with the following specific requirements as follows: 1. As required by the Operating Systems Interface, all Contractor employees are required to have successfully completed within the last 12 months a PCJPB Roadway Worker Protection (RWP) training program before entering onto PCJPB right-of-way. Employees completing the program will be given a sticker to be displayed on their hardhats while working on or over the right-of-way. For arrangement of this training, Contractor shall contact the following PCJPB representative: Mr. Chris Payne, (650) 508-7740. 2. The Contractor shall take protective measures necessary to keep PCJPB facilities, including track ballast, free of sand or debris resulting from construction operations. Any damage to PCJPB facilities resulting from Contractor 's operations will be repaired or replaced by the PCJPB and the cost of such repairs or replacement shall be deducted from the Contractor 's progress and final pay invoice amounts. This requirement modifies that found in the Right of Entry Permit Agreement by allowing the City to directly deduct monies from Contractor invoiced amounts. 3. The Contractor's submittal as required by the Right of Entry Permit Agreement to be executed between the PCJPB and Contractor, Section 5, "Working Procedures", paragraph (a) shall not be considered as fulfilling the requirements for preparation and submittal of required SSWP's and detailed plans and calculations for shoring and falsework. The intent of this paragraph is to prepare and submit working drawings, which provide the PCJPB with location and general details concerning construction activities and temporary construction facilities and operations. After approval of these working drawings Contractor shall then prepare SSWP's as required by PCJPB for approval prior to performing specific construction activities. As part of the approval process for Site Specific Work Plans (SSWP), the Contractor must submit details and staging plans and calculations to the PCJPB for any work which can impact the PCJPB's operations. For example installation of shoring shall require staging plans as part of the SSWP, showing how each portion of the work is sequenced and accomplished during Passenger Non -Revenue Hours approved by PCJPB. This type of work shall only be performed when there are no trains operating. 4. The Contractor shall provide temporary fencing at the end of each working day where existing fencing is removed in connection with the Contractor's operations. Temporary fencing shall conform to the requirements specified Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\Section4-13railrelations.doc 134 822102 elsewhere in these special provisions. Fencing shall remain in place until all work is complete and removal is approved by the City Engineer or his/her representative. It is the intent of providing the temporary fence that Contractor shall not cross the tracks to perform work on the other side of the tracks. The Contractor shall use existing public crossings of the right-of-way for purposes of moving personnel, tools, materials and equipment to the other side of the tracks and right-of-way. 5. The CONTRACTOR is directed to the latest Caltrain schedule titled "Caltrain Service" for exact hours of operations for commuter train service. Train timetable is available at Samtrans, 1250 San Carlos Ave., Suite 355, San Carlos, CA or most any Caltrain train station. It is anticipated during the duration of this contract that PCJPB may be increasing the number of trains per day significantly as follows: - Weekdays: from 68 trains per day to 78 trains per day - Saturday: from 28 trains per day to 32 trains per day - Sunday: from 10 trains per day to 20 trains per day The timetable, however, does not include operations of UPRR freight train service and PCJPB work trains mainly during night time (Passenger Non -Revenue) hours. PCJPB will coordinate and approve the Contractor 's work during periods of freight train and PCJPB work trains operations through the SSWP process. The Contractor's work to be done during Passenger Non -Revenue hours will have to be coordinated with freight train and PCJPB work trains operations. All work to be done during Non -Revenue hours must allow for passage of freight trains and PCJPB work trains unless special permission has been granted by PCJPB through the SSWP process. When freight trains are scheduled to pass through the project area all construction must stop until the train has cleared the area and the flagger permits construction to restart. (In City agreement with PCJPB.) Within the terms of the Agreement are provisions for enforcement of liquidated damages against the Contractor should it cause delay to PCJPB commuter train operations. These terms shall supersede those contained in the current PCJPB Standard Volume 1, Section 3, Part 1.03, Item C. These Liquidated Damages are in addition to those that may be imposed by the CITY. There is no limit to the amount of total liquidated damages that may be assessed against the Contractor. Liquidated damages shall be deducted by the City from monies due to the Contractor. Full compensation for furnishing all labor, materials, tools, equipment and materials for doing all work required for coordinating with the railroad, meeting requirements, obtaining permits and paying fees shall be included in the contract prices paid for various items of work that require railroad coordination and no additional compensation will be allowed therefor. Q1pw1P W ENG\A_CONTRS\20021TLC Contract\Section4.13railrelations.doc 135 8/21/02 I I I I I i I f I I i I I I I § A M F IL IE RIGHT OF ENTRY PERMIT AGREEMENT (San Mateo County) This Right of Entry Permit Agreement ("Agreement" or "Permit") is entered into as of 2002 ("Effective Date"), by and between the SAN MATEO COUNTY TRANSIT DISTRICT, a public agency ("Sam Trans") collectively referred to herein as "Railroad," or "Permitor" and , a California corporation ("Permittee"). RECITALS: A. Railroad is the owner of the peninsula corridor right-of-way ("Right -of -Way"), and specifically that certain real property which is located in the County of San Mateo, State of California, in the vicinity of MP _ as depicted on Exhibit A which is attached to this Agreement and incorporated into it by this reference (the "Property"). The National Railroad Passenger Corporation ("Operator"), under Agreement with Railroad, operates the Peninsula Commute Service on the Right -of -Way, and oversees maintenance of the Right -of -Way, including the Property. B. Permittee has entered into a contract with ("Agency") for the purpose of ("Work") upon Railroad's property. C. Permittee desires to obtain a right of entry permit from Railroad that will permit Permittee to enter onto and work on Railroad's Property in connection with the Work. D. Railroad is willing to grant the Permit to Permittee on the terms and conditions hereinafter set forth for the purposes of performing said Work. FOR VALUABLE CONSIDERATION; the receipt of which is acknowledged, the parties agree as follows: 1. Grant of Permit. Subject to the conditions, covenants and restrictions of this Agreement, Railroad grants to Permittee a personal, revocable right of entry permit for the purposes of performing the Work on the Property together with necessary rights of ingress and egress over the Property for these purposes in the location described in the print of the drawing attached and incorporated as Exhibit B. 2. No Permanent Improvements Allowed. Permittee shall not construct any permanent improvements on the Property unless Permittee has entered into a separate agreement with Railroad allowing such improvements. Permit Fee. Permittee shall pay the permit fee of $900. Service Agreement. This Agreement does not require the Permittee to enter into a Service Agreement with Railroad. 3. Condition to Effectiveness. As a condition precedent to the effectiveness of this Agreement, Permittee shall have paid the permit fee indicated in Section 3 above, made any deposit indicated in Section 4, Q:1pw1PWENGW_CONTRS120021TLC Contract\Section4-13railrelations.doc 136 8/21/02 r 1 1 I it above and provided to Railroad insurance certificates that certify that Permittee has the kinds of insurance described in Exhibit C-2, attached hereto and by this reference made a part hereof. I 4. Work Procedures. All Work performed by Permittee shall be performed in accordance with the Railroad's Operating Systems Interface; Exhibit C and the Work Procedures described in Exhibit C-1, both of which are attached hereto and by this reference made a part hereof. 5. Nonexclusiveness of Permit. This permit is nonexclusive and nonpossessory. Permittee must allow access to the Property by other parties possessing prior rights, unless separate arrangements are made with such parties. t 6. Prior Rights. This Permit is made subject and subordinate to the prior and continuing right and I obligation of Railroad, its successors and assigns, to use the Right -of -Way in the performance of its transportation operations. There is reserved unto Railroad, its successors and assigns, the right to construct, reconstruct, maintain and use existing and future facilities and appurtenances, including, without limitation, existing and future transportation, communication, railroad tracks and pipeline facilities and appurtenances in, upon, over, under, across and along the Right -of -Way. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants, I encumbrances, liens and claims of title that may affect the Right -of -Way. The word "grant" shall not be construed as a covenant against the existence of any of these or establish any ownership interest in the Right -of - 1 Way. 7. Term of Permit. The term of this Permit shall commence upon the start of the Work upon the Property and shall continue until the Work is completed or this Permit is terminated or suspended as set forth herein: I written notice. (a) Either party may terminate this Agreement without cause by giving thirty (30) calendar days' ' (b) Railroad may immediately terminate the Permit by notice to Permittee upon Permittee's discontinuance of the Work for one continuous year or the abandonment of any facilities installed on the Property. (c) Railroad may immediately suspend the Permit by notice to Permittee if Permittee defaults II with respect to any covenant or condition of this Agreement; Railroad may immediately terminate this Permit by notice to Permittee if Permittee fails to correct the default within thirty (30) days after receipt of notice from Railroad to do so. (d) Railroad may immediately terminate or suspend this Permit by notice to Permittee upon any failure of Permittee (or Agency) to reimburse Railroad for any amount owing as and when due as provided any agreement with Railroad. (e) The Permit shall lapse and become void if Work is not commenced within one year of the date of this Agreement. Upon suspension of the Permit, Permittee shall immediately vacate the Property and refrain from entering onto it until the Permit is reinstated in writing by Railroad. Upon termination of the Permit for any reason established in this Section 9, Railroad may, at its sole election, at any time thereafter either complete the Work or remove the improvements placed on the Property or any portion thereof and restore the Property to its original condition, at Permittee's sole cost and expense. Permittee acknowledges and agrees that the Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\Section4-l3railrelations.doc 137 8/21/02 i 1 t I I I I 1 I I I I 1 I t 1 performance of the Work or the installation of any improvements on the Property pursuant to this Agreement shall not in any way whatsoever limit Railroad's right to terminate this Permit pursuant to the terms hereof or any of Railroad's rights hereunder. Permittee's indemnity obligations set forth in Sections 11, 12 and 13 shall survive termination of this Permit for any reason. 8. Fiber Optics Systems. The rights granted by this Agreement are subject to the rights of Railroad (or anyone acting with the permission of Railroad) to construct, reconstruct, maintain and operate fiber optic and other telecommunications systems ("Systems") in, upon, along, across and beneath the Right -of -Way, including the Property upon which the Work shall be conducted. Permittee agrees to reimburse Railroad and/or the owner of the Systems for all expenses which would not have been incurred except by reason of the use of the Property by Permittee, its agents, employees or invitees, including relocation costs or any damages incurred by such owner due to injury to the Systems. 9. Assumption of Risk/Waiver of Claims. Permittee shall assume all risk of damage to any and all improvements constructed as part of the Work and appurtenances and to any other property of Permittee, or any property under the control or custody of Permittee while upon or near the Property of Railroad incident to the performance of the Work, caused by or contributed to in any way by the construction, operation, maintenance or presence of Railroad's operations at the Property and Railroad shall not be liable therefor. (a) Neither Railroad nor any of its directors, officers, agents or employees shall be liable for any damage to the property of Permittee, its officers, agents, employees, contractors or subcontractors, or their employees, or for any bodily injury or death to such persons, resulting or arising from the condition of the Property or its use by Permittee. (b) Permittee acknowledges that this Permit is freely revocable by Railroad and in view of such fact, Permittee expressly assumes the risk of making any expenditures in connection with this Permit, even if such expenditures are substantial. Without limiting any indemnification obligations of Permittee or other waivers contained in this Permit and as a material part of the consideration for this Permit, Permittee fully RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, Indemnitees (as defined in Section 12 below) under any present or future laws, statutes, or regulations, including, but not limited to, any claim for inverse condemnation or the payment of just compensation under law or equity, in the event that Railroad exercises its right to revoke or terminate this Permit. (c) Permittee acknowledges that it will not be a displaced person at the time this Permit is terminated or revoked or expires by its own terms, and Permittee fully RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, Indemnitees under any present or future laws, statutes, or regulations, including, without limitation, any and all claims for relocation benefits or assistance from Railroad under federal and state relocation assistance laws. (d) Permittee expressly acknowledges and agrees that the fees payable hereunder do not take into account any potential liability of Railroad for any consequential or incidental damages including, but not limited to, lost profits and arising out of disruption to the facilities or Permittee's uses hereunder. Railroad would not be willing to give this Permit in the absence of a waiver of liability for consequential or incidental damages due to the acts or omissions of Railroad or its Agents, and Permittee expressly assumes the risk with respect thereto. Accordingly, without limiting any indemnification obligations of Permittee or other waivers contained in this Permit and as a material part of the consideration for this Permit, Permittee fully RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights, and causes of action against for consequential and incidental damages (including without limitation, lost profits and covenants not to sue Indemnitees for such Q:\pw\PWENGIA_CONTRSi20021TLC Contractlsection4-13railrelations,doc 138 8/21/02 damages arising out of this Permit or the uses authorized hereunder, including, without limitation, any interference with uses conducted by Permittee pursuant to this Permit, regardless of the cause, and whether or not due to the negligence of Railroad Indemnitees, except for the gross negligence and willful misconduct of Railroad. (e) As part of Permittee's agreement to accept the Permit Area in its existing condition, and without limiting such agreement, Permittee on behalf of itself and its successors and assigns, waives its right to recover from, and forever releases and discharges, Railroad Indemnitees, and their respective heirs, successors, administrators, personal representatives and assigns, from any and all Claims, whether direct or indirect, known or unknown, foreseen and unforeseen, that may arise on account of or in any way be connected with the physical or environmental condition of the Property and any related improvements or any law or regulation applicable thereto or the suitability of the Permit Area for Permittee's intended use. (f) Permittee hereby releases Railroad from any liability, including any claims for damages or extra compensation (i) arising from construction delays due to work by Railroad forces or Railroad operations, (ii) as the result of the failure or inability of Railroad to provide necessary flaggers or inspectors, (iii) due to the presence of Hazardous Materials on the Property, (iv) any failure by Railroad to investigate or identify the presence of such materials, (v) for work done by Railroad forces, or (vi) for Railroad operations. (g) In connection with the foregoing releases, Permittee acknowledges that it is familiar with Section 1542 of the California Civil Code, which reads: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Permittee acknowledges that the releases contained herein include all known and unknown, disclosed and undisclosed, and anticipated and unanticipated claims. Permittee realizes and acknowledges that it has agreed upon this Permit in light of this realization and, being fully aware of this situation, it nevertheless intends to waive the benefit of Civil Code Section 1542, or any statute or other similar law now or later in effect. The releases contained herein shall survive any termination of this Permit. 10. Indemnity. Permittee shall release, defend (with counsel reasonably satisfactory to Railroad) and indemnify the Peninsula Corridor Joint Powers Board, the City and County of San Francisco, the Santa Clara Valley Transportation Authority and the San Mateo County Transit District, the Union Pacific Railroad Company and the National Railroad Passenger Corporation, and all of their respective officers, directors, employees, volunteers and agents, the successors and assigns of any of them, (all of the above hereinafter collectively known as "Indemnitees"), from and against all claims, causes of action, proceedings, losses, damages, liability, cost, and expense (including, without limit, any fines, penalties, judgments, litigation costs, attorneys' fees and consulting, engineering and construction costs) for damage to natural resources or other loss of or damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of each party) ("Liability") when arising or resulting from the use of the Property or performance of the Work by Permittee, its agents, employees, contractors, subcontractors, or invitees or Permittee's breach of the provisions of this Agreement. The duty of Permittee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. It is the express intent of the parties that Permittee will indemnify and hold harmless Indemnitees from any and all claims, suits or actions arising from any cause whatsoever as set forth above regardless of the existence or degree of fault or negligence on the part of Indemnitees, Permittee, or any subcontractor or employee of any of these, except to the extent the Liability was attributable to the gross negligence, willful misconduct or criminal acts of a particular Indemnitee, Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\Section4-l3railrelations.doe 139 8/21/02 I i I I 1 1 I I I I I I1 it being understood and agreed that any Indemnitee not acting in such a manner shall still be entitled to the benefits of this indemnity. Permittee waives any and all rights to any type of express or implied indemnity against Indemnitees. This indemnity shall survive termination of this Agreement. It is the intention of the parties that should any term of this indemnity provision be found to be void or unenforceable, the remainder of the provision shall remain in full force and effect. 11. Hazardous Materials. No Hazardous Materials (as defined below) shall be created, stored, used, disposed of, brought to or handled at any time upon the Property, except Hazardous Materials contained in or used in connection with construction equipment necessary for the operation of such equipment or vehicle being used for work which is authorized on the Property under this Permit. In conducting its operations on the Property, and in arranging for the handling, transport and disposal of any materials known (whether or not hazardous), Permittee shall at all times comply with all applicable laws, statutes, ordinances, rules, regulations or orders of whatever kind or nature and pay all costs of such compliance. Permittee shall immediately notify Railroad when Permittee learns of, or has reason to believe that, a release of Hazardous Material has occurred in, on or about the Property. The term "release" or "threatened release" when used with respect to Hazardous Material shall include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing in, on, under or about the Property. Permittee shall further comply with all laws requiring notice of such releases or threatened releases to governmental agencies, and shall take all action necessary to mitigate the release or minimize the spread of contamination. In the event that a Permittee or its Agents or Invitees cause a release of Hazardous Material, Permittee shall, without cost to Railroad and in accordance with all laws and regulations, return the Property to the condition immediately prior to the release. In connection therewith, Permittee shall afford Railroad a full opportunity to participate in any discussion with governmental agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree or other compromise proceeding involving Hazardous Material. Any Hazardous Materials introduced onto the Property by Permittee, its agents, employees, contractors, subcontractors or invitees, shall remain the property of Permittee, its agents, employees, contractors, subcontractors or invitees, which shall be responsible for disposing of these materials at no cost to Railroad or any Indemnitee, and Permittee shall be obligated to defend, indemnify and hold Indemnitees harmless from any and all Liability arising from it, regardless of whether such Liability arises during or after the term of this Permit. This indemnity shall not extend to Liability arising from the presence of any Hazardous Materials on the Property, unless (i) such Hazardous Materials were introduced onto the Property by Permittee, its agents, employees, contractors, subcontractors or invitees, in which case this indemnity shall apply, or (ii) Hazardous Materials are present on the Property, and Permittee's handling, excavation, relocation, investigation, disposal or other exercise of control over the Property imposes on the Railroad new or additional liability, which the Railroad would not otherwise have incurred in the absence of Permittee's activities or project. (In such event, Permittee shall pay for and defend and indemnify Indemnitees from and against such additional liability to the extent it exceeds that liability which the Railroad would have incurred in the absence of Permittee's activities or project.) Any Hazardous Materials not introduced onto the Property by Permittee, its agents, employees, contractors, subcontractors or invitees shall remain the property of the Railroad (or other responsible third parties) and shall not be deemed property of Permittee. For purposes of this Agreement, "Hazardous Material" means material that, because of its quantity, concentration or physical or chemical characteristics, is at any time now or hereafter deemed by any federal, state or local governmental authority to pose a present or potential hazard to public health, welfare or the environment. Hazardous Material includes, without limitation, any material or substance defined as a "hazardous substance, pollutant or contaminant" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601 et seq.), the Resource Q:\pw\PWENGW_CONTRS\20021TLC Contract \Section4- 13railrelations.doc 140 8/21/02 1 I I' I I I I I I I I I a I I I Conservation and Recovery Act (42 U.S.C. 6901 et seq.) or pursuant to Section 25316 of the California Health and Safety Code; a "hazardous waste" listed pursuant to Section 25140 of the California Health and Safety Code; any asbestos and asbestos containing materials whether or not such materials are part of the Property or are naturally occurring substances on the Property, and any petroleum, including, without limitation, crude oil or any fraction thereof, natural gas or natural gas liquids. This indemnity shall survive termination of this Agreement. It is the intention of the parties that should any term of this indemnity provision be found to be void or unenforceable, the remainder of the provision shall remain in full force and effect. 12. Compliance with Laws. Permittee shall comply, at Permittee's expense, with all applicable laws, regulations, rules and orders with respect to the use of the property, regardless of when they become or became effective, including, without limitation, those relating to construction, grading, signage, health, safety, noise, environmental protection, hazardous materials, waste disposal and water and air quality, and furnish satisfactory evidence of such compliance upon request of Railroad. Before beginning work on the Property, Permittee shall also obtain, at Permittee's expense, any and all permits, licenses and approvals required for construction and operation of the Work and shall provide Railroad with copies of such approvals. Under no circumstances shall Permittee damage, harm or take any rare, threatened or endangered species on or about the Property. 13. Notices. All notices required or permitted to be given under this Agreement shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery or by overnight courier, to the appropriate address indicated below or at such other place or places as either Railroad or Permittee may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed sufficiently served four (4) days after the date of mailing or upon personal delivery. To Permittee: Industrial Railways Company 890 San Pablo Avenue Pinole, CA 94564 Attn: Craig Nolan, Project Manager To Railroad: Peninsula Corridor Joint Powers Board San Mateo County Transit District 1250 San Carlos Avenue P.O. Box 3006 San Carlos, CA 94070-1306 Attn: General Manager/Executive Director With a copy to: Hanson, Bridgett, Marcus, Vlahos & Rudy 333 Market Street, Suite 2300 San Francisco, CA 94105-2173 Attn: David J. Miller, Esq. To Amtrak: National Railroad Passenger Corp. 510 W. San Fernando Street San Jose, CA 95110 Attn: General Manager Day-to-day communications shall be directed to JPB's Chief Engineer (Tel: (650) 508-7922; Fax: (650) 508-7938) and to Permittee, Industrial Railways Company, do Craig Nolan (Tel: (510) 724-1117; Fax (510) 724-7078). 14. Relocation of Permit. In the event Railroad shall at any time so require, Permittee, at Permittee's expense, shall reconstruct, alter, make changes in the location of its facilities on the Property, within 30 Q:\pw\PWENG\A_CONTRS12002\TLC Contract\Section4-l3railrelations.doc 141 8/21/02 I I I I 1 I 1 1 I I 1 I I t I calendar days of receipt of written notice from Railroad so to do or such longer period as approved by Railroad. The Railroad shall designate the location for the Permittee to relocate its permit, if on property owned by Railroad. Any necessary property interests shall be obtained at Permittee's sole cost and expense. Permittee shall perform the work in a manner and at times satisfactory to Railroad. If Permittee fails to perform such work, Railroad may perform the work at the expense of Permittee, which expense shall, upon demand, be paid by the Permittee. The provisions of this Agreement shall apply to all work Permittee performs under this section. 15. Successors and Assigns. Permittee shall not assign nor sublet, in whole or in part, any rights covered by this Agreement, or permit any other person, firm or corporation to use, in whole or in part, any of the rights or privileges granted pursuant to this Agreement, without first obtaining the written consent of the Railroad. 16. No Waiver. No waiver of any default or breach of any covenant of this Agreement by either party shall be implied from any omission by either party to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and then the waiver shall be operative only for the time and to the extent stated. Waivers of any covenant, term or condition by either party shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by either party to or of any act by either party requiring further consent or approval shall not be deemed to waive or render unnecessary their consent or approval to or of any subsequent similar acts. 17. Severability. Each provision of this Agreement is intended to be severable. If any term of provision shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity of the remainder of this Agreement. 18. Attorneys' Fees. If any legal proceeding should be instituted by either of the parties to enforce the terms of this Agreement or to determine the rights of the parties under this Agreement, the prevailing party in the proceeding shall receive, in addition to all court costs, reasonable attorneys' fees. 19. Condemnation. In the event all or any portion of the Property is condemned for public use, Permittee shall receive compensation only in the amount awarded for the taking and damaging of Permittee's facilities related to the Work. Any compensation for damages for taking the Property or Permittee's permit interest thereon awarded to Permittee shall be assigned to Railroad. 20. Governing Law. The rights and obligations of the parties under this Agreement shall be interpreted in accordance with the laws of the State of California as applied to contracts that are made and performed entirely in California. 21. Effect of Headings. The headings of the paragraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of any of its provisions 22. Integration. This Agreement constitutes the complete expression of the agreement between the parties and supersedes any prior agreements, whether written or oral, concerning the subject of this Agreement, which are not fully expressed in this Agreement. The parties intend this Agreement to be an integrated agreement. Any modification of or addition to this Agreement must be in writing signed by both parties. 23. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but both of which shall constitute one and the same agreement. Q:ipw1PWENGIA_CONTRS120021TLC Contract\Section4-13railrelations.doc 142 821/02 I I r I 1 I 1 1 I I I I I I I I I IN WITNESS WHEREOF, the parties have executed this Permit as of the day and year first above written by their duly authorized representatives. PENINSULA CORRIDOR JOINT PERMITTEE POWERS BOARD By: *By: Title: Executive Director Title: APPROVED AS TO FORM: Attorney *By: Title: Q:\pw\PWENGW_CONTRS\2002\TLC Contract \8eaion4-13railrelations.doc 143 821/02 I i I I I I I I I I I I a I I I SAN MATEO COUNTY TRANSIT DISTRICT By: Title: General Manager RECOMMENDED FOR APPROVAL: Real Estate Officer Real Estate Department Manager APPROVED AS TO FORM: Attorney * NOTE: If Permittee is a corporation, this Agreement must be executed by two corporate officers, consisting of: (1) the President, Vice President or Chair of the Board, and (2) the Secretary, Assistant Secretary, Chief Financial Officer, Assistant Chief Financial Officer, or by any person authorized by the corporation to execute written contracts. Q:\pw\PWENG\A_CONTRS12002\TLC Contract\Section4-13railrelations.doc 144 8/21/02 I 1 r I 1 I I 1 I i I I i I I I I I Exhibit C-1 Working Procedures Permittee shall at all times abide by Railroad's Operating Systems Interface, a copy of which is attached to this Agreement as Exhibit C, as well as with the regulations of Railroad (including, but limited to. Railroad's Track Specifications and Design Guidelines for Grade Separations and Any Other Encroachments, dated July, 1994, as amended, and Railroad's Right of Way Standards for Longitudinal and Transverse Utility Encroachments, dated July. 1994, as amended). Permittee's Work on the Property shall be subject to Railroad's approval. Without limiting the foregoing, Permittee shall at all times comply with the regulations of Railroad and the Operator and the instructions of either of their representatives relating to the proper manner of protecting the tracks, pipelines, wire lines, signals and all other property at said location, the traffic moving on such tracks and the removal of tools, equipment and materials. In addition, Permittee will adhere to the following specific requirements: (a) Repair and Maintenance. After installation, Permittee shall bear the entire cost of maintaining and operating facilities installed by Permittee on the Property. (b) Plans Approved Prior to Commencing Work. Permittee's work on the Property shall be performed in accordance with plans and specifications approved in advance and in writing by Railroad as to overall layout, clearances established by the California Public Utilities Commission (including, but not limited to, PUC General Order 26-D), shoring, temporary supports, false work, railroad bridges and any other works on Railroad's Right -of -Way and in such manner and at such times as shall not endanger or interfere with the safe operation of the tracks and other railroad facilities on or adjacent to the Right -of -Way. Any waiver of these standards must be in writing and must be issued by Railroad's Chief Engineer. Any revisions and amendments to the approved plans and specifications pertaining to the Work on the Property must be approved in writing by Railroad. The details of construction affecting the Railroad tracks and property not included in the contract plans shall be submitted to the Railroad for approval before such work is undertaken. All plans and designs related to track rearrangement shall be subject to the prior approval of Railroad. Permittee shall submit to Railroad three (3) sets of working drawings showing details of construction affecting Railroad's tracks and the Property, including those for false work over and/or adjacent to the tracks or shoring of excavations near tracks, not included in the contract plans, and Permittee shall not begin such work until notified by Railroad that such plans have been approved. Railroad's approval for these limited purposes shall not relieve Permittee from liability arising out of performance of the Work or lead to an assumption of design or construction responsibility on the part of Railroad or its Operator. Approval by Railroad shall not constitute a warranty by Railroad that such plans conform to applicable federal, state, and/or local codes and regulations. (c) Notice Prior to Commencing Work. Permittee shall cooperate with the Railroad and Operator where work is over or under the tracks, or within the limits of the Property, in order to expedite the work and to avoid interference with the operation of Railroad's equipment. Permittee shall notify the Railroad's Chief Engineer at least ten (10) working days (or such additional notice as may be provided herein) before commencing any work on the Property. Although Railroad will reasonably cooperate with Permittee so that the Work may be handled in an efficient manner, Permittee hereby waives and releases Railroad from any claim for damages against Railroad in the event the Work is delayed for any reason whatsoever. (d) No Interference With Railroad Operations. Permittee shall perform its work in such manner and at such times as shall not endanger or interfere with the safe operation of the tracks and property of Railroad and traffic moving on such tracks, as well as wires, signals, pipelines, utilities and other property of Railroad, its tenants or licensees, at or in the vicinity of the work. All work contemplated in this Agreement shall be Q:\pw\PWENGW_CONTRS\2002\TLC Contract\ 5ection4.13railrelations.doc 145 8/21/02 1 I 1 I I I I I i I I I 1 I I performed in a good and worker -like manner to the satisfaction of the parties, and each portion shall be promptly commenced by the party obligated to do the same and thereafter diligently prosecuted to completion in its logical order and sequence. (e) Repair of Damage. Permittee shall take protective measures necessary to keep Railroad's facilities, including track ballast, free of sand or debris resulting from its operations. Any damage to Railroad's facilities resulting from Permittee's operations will be repaired or replaced by Railroad at Permittee's sole cost and expense, which Permittee shall pay to Railroad promptly upon demand therefor. (f) Underground Facilities. Permittee shall be solely responsible at its own cost for identifying the location of all pipelines (including, but not limited to, high pressure petroleum, gas and water pipelines), fiber optic lines and all other utilities of whatever nature on the Property, and for relocating all said pipelines and utilities which would interfere with Permittee's Work. Permittee shall relocate, or arrange for the relocation by a third -party contractor approved by Railroad, any and all Railroad signal lines and Railroad communication facilities, the existing location of which would interfere with the Work, at Permittee's sole cost and expense, unless other arrangements are made by separate agreement. Absence of markers does not constitute a warranty by Railroad of the absence of subsurface installations. It shall be Permittee's responsibility to determine the existence of any underground facilities and Permittee shall call Underground Service Alert at 1-800-642-2444 prior to beginning any work on the Property. Since there is the possibility of the existence of pipelines or other structures beneath the Property, if Permittee should excavate or drill, then Permittee's forces shall explore such structures with hand tools to a depth of at least eight feet (8') below the surface of the ground or, at Permittee's option, use suitable detection equipment, prior to drilling or excavating with mechanized equipment. (g) Storage. Permittee shall not pile or store any tools or other materials or park any equipment, when not in use, closer to the center of nearest railroad track then permitted by the following permanent clearances: (i) 25'-0" horizontally from center line of track; and (ii) 22'-6" vertically above top of rail. The placement of piles, forms, braces, shoring, false work, or other construction supports shall be in accordance with Appendix H of the most current Caltrans Trenching and Shoring manual. Walkways with railings shall be constructed by Permittee over open excavation areas when in close proximity of tracks, and railings shall not be closer than 8'-6" horizontally from centerline of the nearest track, if tangent, or 9'-6" if curved. Any infringement on the above temporary construction clearances due to the Permittee's operations shall be submitted to Railroad for approval, and shall not be undertaken until approved by Railroad. When the temporary vertical clearance is less than 22'-6" above top of rail, Railroad shall have the option of installing tell -tales or other protective devices Railroad deems necessary for protection of Railroad trainmen or traffic. Permittee shall notify the Railroad in writing, at least twenty-five (25) calendar days, but no more than forty (40) calendar days, in advance of the starting date of installing temporary work with less than permanent clearances established above for approval as provided herein. (h) Open Holes. Any open holes shall be satisfactorily covered at all times when Permittee's forces are not physically working in the vicinity. Upon completion of work, all holes will be filled in to meet the surrounding ground level with clean, compacted, earthen material and the property left in a neat and safe condition reasonably satisfactory to Railroad. (i) No Crossing of Tracks. Permittee shall not be permitted to cross Railroad's tracks located on or adjacent to the Property without Railroad's prior written approval, which may be conditioned on such terms Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\Section4-l3railrelations.doc 146 821/02 I I I I I I I I I I 1 I 1 i i I as Railroad deems appropriate. Absent such approval, Permittee's access shall be by use only of designated public streets or crossings. (j) Payments and Liens. With respect to the Work, Permittee shall fully pay for all materials joined or affixed to the Property, and shall pay in full all persons who perform labor on or deliver materials to the Property. As Railroad is a public entity, its property is not subject to mechanics' or materialmen's liens, and nothing in this Permit shall be construed to make its property subject to such liens. Nevertheless, if any stop notice claims, mechanics' or materialmen's liens of any kind are filed, Permittee shall immediately remove them at Permittee's own expense, and shall pay any judgment which may be entered. Should Permittee fail, neglect, or refuse so to do, Railroad, after 48 hours prior notice to Permittee, shall have the right to pay any amount required to release any such liens, or to defend any action brought, and to pay any judgment entered. Permittee shall be liable to Railroad for all costs, damages, reasonable attorneys' fees, and any amounts expended in defending any proceedings or in the payment of any of said liens or any judgment. Railroad may post and maintain upon the Property notices of nonresponsibility as provided by law. (k) Tests. Permittee shall cooperate with Railroad in making any tests Railroad requires of any installation or condition that in Railroad's reasonable judgment may have an adverse effect on any of the facilities of Railroad. All costs incurred by the tests, or any corrections, shall be borne by Permittee. (1) Completion. Permittee shall notify Railroad the date said work is completed, and also the date the Permittee's Work is accepted by the Permittee. Upon completion of the work to be done upon Railroad's Property, Permittee shall promptly remove from the Property all tools, equipment and materials placed thereon by Permittee or its agents. Permittee shall restore said property to the same state and condition as when Permittee entered thereon and shall leave said Property in a clean and presentable condition. (m)Compliance with Laws. Permittee shall comply, at Permittee's expense, with all applicable laws, regulations, rules and orders with respect to the use of the Property, regardless of when they become or became effective, including, without limitation, those relating to construction, grading, signage, health, safety, noise, environmental protection, hazardous materials, waste disposal and water and air quality, and furnish satisfactory evidence of such compliance to Railroad upon request. (n) Condition of Pronerty. Permittee agrees to keep the Property and the Work in good and safe condition, free from waste, so far as affected by Permittee's operations, to the reasonable satisfaction of Railroad. If, during the term of this Agreement, Pennittee fails to keep the Property and the Work in good and safe condition, free from debris, then Railroad may, at Railroad's option (1) perform the necessary work at the expense of Permittee which expense Permittee agrees to pay to Railroad upon demand, and/or (2) immediately terminate this Permit without limiting its remedies. Permittee shall not conduct any activities on or about the Property that constitute a nuisance or unreasonable annoyance (including without limitation, emission of objectionable odors, noises or lights) to Railroad, to the owners or occupants of neighboring property or to the public. (o) Proiect Markers. Project markers in a form and size satisfactory to Railroad, identifying the facility and its owner, shall be installed and constantly maintained by and at the expense of Permittee at Railroad's property lines or such locations as Railroad shall approve. Such markers shall be relocated or removed upon request of Railroad without expense to Railroad. The absence of markers does not constitute a warranty by Railroad that there are no subsurface installations. (p) Engineering Review. Railroad (or its contractor) shall provide all engineering review, marketing and scheduling, detouring, flagging and engineering inspection required in connection with said Work, as determined by Railroad in its reasonable discretion, at Permittee's sole cost and expense. Q:\pw1PWENG\A_CGNTRs\2002\TLC Contras\Section4-l3railrelations.doc 147 8/21/02 1 1 I 1 I I I i I I I I I I I i (q) Reimbursement. Permittee agrees to reimburse Railroad for the actual cost and expense to Railroad of furnishing any materials or performing any labor in connection with the Work, including, but not limited to, the review of plans and specifications, the installation and removal of any falsework or other protection beneath or along railroad tracks, and the furnishing of such security persons, flaggers and inspectors as Railroad deems necessary. Flaggers and/or inspectors are required when work is performed in proximity to the tracks and are furnished at the cost of approximately $800 per day for inspectors and $500 per day for flaggers. (r) Delay Damages. In the event that Permittee's acts or omissions cause delays to Railroad's commuter train operations, the Railroad will sustain damages, and it is agreed by the parties that it is impracticable and extremely difficult to ascertain and determine the actual damages which Railroad will incur in the event of and by reason of such delay. The charges cover such costs as: 1) Additional train crew labor costs; 2) Additional Railroad inspector costs; 3) Costs of establishing any bus bridges; 4) Lost passenger revenues; and 5) Customer rebate costs. Minor Train Delay Liquidated Damages Maximum Delay Per Train Per Day (minutes/seconds) 1'01" to 2'00" 2'01" to 5'00" 5'01" to 10'00" 10'01" to 15'00" Charge per Train $ 2,500 $ 6,500 $13,000 $20,000 Major Train Delay Liquidated Damages No. of Trains Delayed More Than 15 Minutes in Any Calendar Month 1 to 2 3 to 4 5 to 6 7 or More Charge per Train $20,000 $40,000 $60,000 $80,000 Permittee shall pay to Railroad the sums set forth above within 45 days of receipt of invoice from Railroad. (s) No Blasting. Permittee shall not conduct any blasting on the Property without the prior written authorization of Railroad. (t) Workplace Safety. Permittee shall at all times comply with the provisions of the Federal Railroad Administration regulations, including 49 CFR Part 214, pertaining to Railroad Workplace Safety, and Railroad's On -Track Safety Program. (u) Conflict with Operating Systems Interface. To the extent any of the foregoing specific requirements of this exhibit conflict with provisions set forth in the Operating Systems Interface and Track Specifications and Design Guidelines for Grade Separations, the provisions of Operating Systems Interface and Track Specifications and Design Guidelines for Grade Separations shall control. (v) Protection of Railroad Facilities. The presence of Railroad's representatives, conductors, inspectors, flagmen or watchmen may be required when Permittee or any of Permittee's forces or contractors are working on or near the Property and will be provided by Railroad to protect its facilities, property and Q:1pw1PWENG\A_CONTRS12002\TLC ContractSection4-13railrelations.doc 148 821/02 I 1 I I I I I 1 i movements of its trains or engines. In general, Railroad will furnish such personnel or other protective devices: (1) When any part of any equipment is standing or being operated within 15 feet, measured horizontally, from centerline of any track on which trains may operate, or when any erection or construction activities are in progress within such limits, regardless of elevation above or below track. (2) For any excavation below elevation or track subgrade if, in the opinion of Railroad's representative, track or other Railroad facilities may be subject to settlement or movement. (3) For any clearing, grubbing, grading, or blasting which, in the opinion of Railroad's representative, may endanger Railroad facilities or operations. Permittee specifically agrees that the need for and staffing of Railroad personnel or those of its Operator as provided in this Section shall be within Railroad's sole discretion, and the attendant costs shall be bone entirely by the Permittee. The reasonable cost to Permittee of such inspector shall be payable to Licensor within 30 days after presentation of a bill. Fiberoptics. In addition to other provisions of this Agreement requiring Permittee to give notice prior to commencing work, Permittee shall telephone Underground Service Alert at 1-800-642-2444 (a 24 -hour number) to determine if a telecommunications system is buried anywhere on or about the Property. If there is, Permittee will telephone the owner of any system identified, arrange for a cable locator and make arrangements for relocation or other protection for the system prior to beginning any work on the Property. Site Specific Work Plan. Prior to commencing the Work, and each week during the core of conducting the Work, Permittee shall have a Site Specific Work Plan approved by the Permittee. If such a plan is not approved by Railroad, or not available on site, Permittee may cancel this Agreement. Traffic. Permittee shall provide all barriers, directions, signage and other forms of notice to the public to assure the smooth and uninterrupted flow of traffic around the Property. Q:\pw\PWENGW_CONTRS120021TLC Contract\Section4-13railelations.doe 149 8/21/02 I 1 1 I I 1 1 i I 1 1 I 1 1 Exhibit C-2 Insurance Terms Any person. firm or corporation Permittee authorizes to work upon the Property, including any subcontractor, shall be deemed to be Permittee's agent and shall be subject to all the applicable terms of this Permit. Prior to entry upon the Property by Permittee or such agents, Permittee shall provide Railroad with satisfactory evidence (e.g. in the form of a Certificate of Insurance) that it and its subcontractors or otheragents who will obtain access to the Property pursuant to this Permit are insured in accordance with the following kinds of insurance., which insurance shall remain in effect throughout the term of this Permit and shall be at the sole cost and expense of Permittee (or its agents): (a) Workers' Compensation and Employers' Liability Insurance and/or FELA. Permittee shall at its own cost and expense procure and maintain Workers' Compensation and/or Federal Employers Liability ("FELA") coverage (whichever is applicable) to its employees, as required by the Federal Employer's Liability Act of 1908, applying to Interstate railroad employees, or as required by Section 1860 of the California Labor Code (Chapter 1000, Statutes of 1965), or any subsequent amendments or successor acts thereto governing the liability of employers to their employees. If FELA applies, it shall be in accordance with federal statutes and have minimum limits of $10,000,000 per occurrence. If the California Labor Code requiring Workers' Compensation applies, the Permittee shall also maintain Employer's Liability coverage with minimum limits of $ 2 million. Whether FELA or Workers' Compensation applies, the policy shall contain a waiver of subrogation in favor of the Peninsula Corridor Joint Powers Board, the City & County of San Francisco, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the National Railroad Passenger Corporation and the Union Pacific Railroad Company and their respective officers, directors, employees, volunteers and agents while acting in such capacity, and their successors and assignees, as they now, or as they may hereafter be constituted, singly, jointly or severally. Prior to commencing work or entering onto the Property, Permittee shall provide the Risk Manager of the JPB with a certificate evidencing coverage, and upon request, a certified duplicate original of the policy. The certificate and policy shall also provide that the Contractors' policy will not be cancelled without 30 days prior written notice to the Risk Manager of the JPB. b) Commercial General Liability Insurance. Pernittee shall, at its own cost and expense, procure and maintain Commercial General Liability insurance which shall include, as additional insureds, the Peninsula Corridor Joint Powers Board, the City and County of San Francisco, the Santa Clara Valley Transportation Authority, the San Mateo County Transit District, the Union Pacific Railroad Company, the National Railroad Passenger Corporation and their respective directors, officers, employees, volunteers and agents while acting in such capacity, and their successors or assignees, as they now, or as they may hereafter be constituted, singly, jointly or severally. The insurance shall provide bodily injury and property damage coverage with a combined single limit for bodily injury and property damage of at least $ 2 million per occurrence or claim and a general aggregate limit of at least $ 5 million. This insurance shall include but not be limited to premises and Q:\pw\PWENGW_CONTRS\2002\TLC ContTactVSection4-13railrelations.doc 150 8/21/02 I I I 1 a a I I 1 operations; contractual liability, personal and advertising injury; explosion, collapse, and underground coverage, products and completed operations, and broad form property damage. Prior to commencing work or entering onto the Property, Permittee shall provide the Risk Manager of the JPB with a Certificate(s) of Insurance evidencing coverage, and upon request, a certified duplicate original of the policy The policy(ies) shall indicate that it is primary to any other insurance and the insurance company(ies) providing such policy(ies) shall be liable thereunder for the full amount of any loss or claim, up to and including the totallimit of liability, without right of contribution from any of the insurance effected or which may be effected by the Peninsula Corridor Joint Powers Board, the City and County of San Francisco, the Santa Clara Valley Transportation Authority, the San Mateo County Transit District, the Union Pacific Railroad Company, and the National Railroad Passenger Corporation. The policy shall contain a waiver of subrogation in favor of the Peninsula Corridor Joint Powers Board, the City & County of San Francisco, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the National Railroad Passenger Corporation and the Union Pacific Railroad Company and their respective directors, officers, employees, volunteers, agents while acting in such capacity, and their successors and assignees, as they now, or as they may hereafter be constituted singly, jointly or severally. The policy shall also stipulate inclusion of the Peninsula Corridor Joint Powers Board, the City and County of San Francisco, the Santa Clara Valley Transportation Authority, the San Mateo County Transit District, the Union Pacific Railroad Company, and the National Railroad Passenger Corporation ("Amtrak") as additional insureds shall not in any way affect Railroad's rights either as respects any claim, demand, suit or judgment made, brought or recovered against the Permittee. Said policy shall protect Permittee and the Peninsula Corridor Joint Powers Board, the City and County of San Francisco, the Santa Clara Valley Transportation Authority, the San Mateo County Transit District, the Union Pacific Railroad Company, and the National Railroad Passenger Corporation in the same manner as though a separate policy had been issued to each, but nothing in said policy shall operate to increase the insurance company's liability as set forth in its policy beyond the amount or amounts shown or to which the insurance company would have been liable if only one interest had been named as an insured. (c) Automobile Liability Insurance. Permittee shall, at its own cost and expense, procure and maintain Business Automobile Liability insurance providing bodily injury and property damage with a. combined single limit of at least $ 2 million per occurrence for all owned, non -owned and hired automobiles. This insurance shall provide contractual liability covering all motor vehicles and mobile equipment to the extent coverage may be excluded from commercial general liability insurance. Such insurance shall include, as additional insureds, the Peninsula Corridor Joint Powers Board, the City and County of San Francisco, the Santa Clara Valley. Transportation Authority, the San Mateo County Transit District, the Union Pacific Railroad Company, the National Railroad Passenger Corporation and their respective directors, officers, employees, volunteers, and agents while acting in such capacity, and their successors or assignees, as they now or as they may hereafter be constituted, singly, jointly or severally. Said policy shall contain a waiver of subrogation in favor of the Peninsula Corridor Joint Powers Board, the City & County of San Francisco, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the National Railroad Passenger Corporation and the Union Pacific Railroad Company and their respective directors, officers, employees, volunteers, agents while acting in such capacity, and their successors and assignees, as they now, or as they may hereafter be constituted singly, jointly or severally. Prior to commencing work or entering onto the Property, Permittee shall provide the Risk Manager of the JPB with a Certificate(s) of Insurance evidencing coverage, and upon request, a certified duplicate original of the policy. Q:\pw\PWENG'A_CONTRS\20021TLC Contract \Section4-] 3railrelations.doc 151 8/21/02 1 1 1 I 1 1 i 1 I I 1 1 (d) Railroad's Protective Liability Insurance. The JPB shall obtain, at Permittee's sole cost and expense, Railroad's Protective Liability Insurance with limits of liability of $ 2 million per occurrence and $ 6 million in the aggregate for losses arising out of injury to or death of all persons, and for physical loss or damage to or destruction of property, including the loss of use thereof. The named insureds shall be the Peninsula Corridor Joint Powers Board, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the City and County of San Francisco, the National Railroad Passenger Corporation and Union Pacific Railroad Company and shall cover all other railroads operating on the right-of-way. Prior to commencing work or entering onto the Property, Permittee shall confirm that it has paid the premium for said insurance. (e) Property Insurance. Permittee shall, at its own cost and expense, procure and maintain property insurance to protect its interest in the equipment to be used in performance of this Agreement and the Railroad's interest in materials or property to be installed, covering all risks of physical loss or damage to such equipment. The coverage under such policy shall have limits of liability adequate to protect the value of the equipment and the replacement cost of the property to be installed. If desired, Permittee may choose to self -insure this exposure, but in no instance shall the Railroad be responsible for such loss or damage. The policy shall contain a waiver of subrogation in favor of the Peninsula Corridor Joint Powers Board, the City & County of San Francisco, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the National Railroad Passenger Corporation and the Union Pacific Railroad Company and their respective directors, officers, employees, volunteers, agents while acting in such capacity, and their successors and assignees, as they now, or as they may hereafter be constituted singly, jointly or severally. If Permittee's property is self -insured, Permittee hereby agrees to waive any subrogation rights it may acquire in favor of the Peninsula Corridor Joint Powers Board, the City & County of San Francisco, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the National Railroad Passenger Corporation and the Union Pacific Railroad Company and their respective directors, officers, employees, volunteers, agents while acting in such capacity, and their successors and assignees, as they now, or as they may hereafter be constituted singly, jointly or severally. Required: Yes X No (f) Professional Liability Insurance. The Permittee shall, at its own cost and expense, procure and maintain a professional liability policy covering the Permittee, his agents or employees for all operations conducted on the Railroad's right of way under this Permit to Enter. The coverage shall be maintained during the term of this contract and the Permittee shall obtain an extended reporting endorsement covering the Work for at least 3 years following completion of the Work. The policy, or policies, shall have limits of liability of not less than $ _ million per occurrence and annual aggregate. The policy shall cover the Permittee's errors and omissions for operations under this Agreement and the resulting damages including, but not limited to, economic loss to the Railroad. The policy shall contain a waiver of subrogation in favor of the Peninsula Corridor Joint Powers Board, The City and County of San Francisco, the Santa Clara Valley Transportation Authority, the San Mateo County Transit District, the Union Pacific Railroad Company, and the National Railroad Passenger Corporation. The Permittee shall furnish the Risk Manager of the JPB with the Certificate(s) of Insurance required hereunder prior to the commencement of work. The Certificate shall also provide that the Permittee's policy will not be cancelled or have coverage reduced without thirty (30) days written notice to the Risk Manager of the JPB. Q:\pw\PWENG\A_CGNTRS\2o02\TLC Contract\Section4-l3raitrelations.doc 152 8/21/02 i 1 1 1 I 1 1 1 I Required:_Yes_X_No (g) Contractors' Pollution Liability Insurance and Environmental Liability Insurance. The Permittee shall, at its own cost and expense, procure and maintain Contractor's Pollution Liability and Environmental Professional Liability Insurance. The Contractors' Pollution Liability Coverage (but not any Professional Liability Coverage) shall include as additional insureds the Peninsula Corridor Joint Powers Board, The City and County of San Francisco, the Santa Clara Valley Transportation Authority, the San Mateo County Transit District, the Union Pacific Railroad Company, and the National Railroad Passenger Corporation and their respective directors, officers, employees, agents and volunteers while acting within such capacity, and their successors or assignees, as they now, or they may hereafter be constituted, singly, jointly or severally. This insurance shall provide coverage of at least $ _ million for each pollution incident and annual aggregate shall include, but not be limited to, coverage for bodily injury; property damage; and economic loss to the Railroad. The policy shall include coverage for, but not be limited to, loss caused by sudden and accidental discharges, gradual discharges, clean-up of pollutants and disposal thereof. Coverage shall be extended to liability assumed in this contract. In the event of a loss, the Permittee shall be responsible for payment of any deduction or retention stipulated in the policy. The policy shall contain a waiver of subrogation in favor of the Peninsula Corridor Joint Powers Board, The City and County of San Francisco, the Santa Clara Valley Transportation Authority, the San Mateo County Transit District, The Union Pacific Transportation Company, and the National Railroad Passenger Corporation. Coverage may beby endorsement to the general liability and automobile policies or by a separate policy. Limits of liability will not be less than the limits required for Commercial General Liability Insurance above. The Permittee shall furnish the Risk Manager of the JPB with the Certificate(s) of Insurance required hereunder Prior to the commencement of work. The Certificate shall also provide that the Contractors' policy will not be cancelled without thirty (30) days prior written notice to the Risk Manager of the JPB. The Permittee's Business Automobile Coverage shall also be extended to cover pollution liability during loading; unloading and while in transit including but not limited to the perils of collision and upset. (h) General Insurance Provisions All policies will be issued by insurers acceptable to the Railroad (generally with a Best's Rating of A 10 or better). Upon evidence of financial capacity satisfactory to Railroad, Permittee's obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance. All insurance specified above shall remain in force until all work to be performed is satisfactorily completed, all of Permittee's personnel and equipment have been removed from the railroad property, and the work has been formally accepted. The failure to procure or maintain required insurance and/or anadequately funded self-insurance program will constitute a material breach of this Agreement. Prior to commencing work or entering onto the Property, Permittee shallprovide the Risk Manager of the JPB with a Certificate(s) of Insurance evidencing the coverage(s) listed above. The Certificate shall stipulate that the insurance company(ies) issuing such policy(ies) shall give written notice to the Risk Manager of the JPB of any material alteration or reduction in coverage of aggregate limits, if such limits apply, and provide at least thirty (30) days' notice of cancellation. Q:\pw\PWENG\A_CONTRS\2002\TLC Contract\Section4-13raihelations.doc 153 8/21/02 1 I 1 I 1 I 1 I I 1 1 I In the event of the discovery of Hazardous Materials on the Property, if Permittee undertakes any remediation or clean-up, Permittee shall designate the disposal site and provide a certificate of insurance from the disposal facility to the JPB. Additional insurance coverage may be required by JPB, such as Environmental Impairment Liability Insurance with limits of not less than $3,000,000 per occurrence and $6,000,000 annual aggregate, including, but not limited to gradual pollution coverage and sudden and accidental pollution coverage. In addition to the requirements described above, any additional coverages required by the United States Department of Transportation, the Environmental Protection Agency and/or related state and local laws, rules and regulations shall be complied with. The Permittee and/or its contractors shall obtain all permits, licenses and other forms or documentation which are required and forward them to the Risk Manager of the JPB with the required evidence of insurance. (i) Claims Made Coverage If any insurance specified above shall be provided on a claim -made basis, then in addition to coverage requirements above, such policy shall provide that: (1) Policy retroactive date coincides with or precedes the Permittee's start of work (including subsequent policies purchased as renewals or replacements). (2) Permittee shall make every effort to maintain similar insurance for at least three (3) years following project completion, including the requirement of adding all named insureds. (3) If insurance is terminated for any reason, Permittee agrees to purchase an extended reporting provision of at least two years to report claims arising from work performed in connection with this Agreement or Permit. future claims. G) (4) Policy allows for reporting of circumstances or incidents that might give rise to Performance Bond. Permittee shall at all times maintain a performance bond covering its work on the structure in the full amount of its contract price with Agency, and shall name Agency as a beneficiary thereon. Q:\pw\PWENG\A_CONTRS\2002\TLC Contract1Section4.13railrelations.doc 154 821/02 1 1 1 I I I SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS GENERAL The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Government and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal -Aid Construction Contracts, "Forth FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer? "SHA resident engineer," or "authorized representative of the SHA," such references shall be construed to mean "Engineer" as defused in Section 1- 1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT. In addition to the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the required contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION win{ REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON -COLLUSION PROVISION. The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded,' certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion. or otherwise -taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non -collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal. PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN SUBCONTRACTING. Part 26, Title 49, Code of Federal Regulations applies to this Federal -aid project Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. -Schedule B --Information for Determining Joint Venture Eligibility (This form need not be filled in if all joint venture funs are DBE owned.) 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the firms which comprise the joint venture. (The DBE partner must complete Schedule A.) a. Describe the role of the DBE film in the joint venture. b. Describe very briefly the experience and business qualifications of each non -DBE joint venturer: 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement. 7. What is the claimed percentage of DBE ownership? 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6.). Revised 3.95 08-07-95 FR -1 Q-pv..PWENC?Hecht'.TLCCIVIUTLCSPECS' FEDSECT.DOC 1 1 I 1 1 I 1 I 1 a. Profit and loss sharing. b. Capital contributions, including equipment. c. Other applicable ownership interests. 9. Control of and participation in this contract Identify by name, race, sex, and "arm" those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for. a. Financial decisions b. Management decisions, such as: 1. Estimating 2. Marketing and sales 3. Hiring and firing of management personnel _ 4. Purchasing of major items or supplies c. Supervision of field operations Note If, after filing this Schedule B and before the completion of the joint venture's work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either directly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding actual joint venture work and the payment therefore and any proposed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Q.pw‘PW ENG\HechtaLCCIVIL\TLCSPECSWEDSECT.DOC Name of Firm Name of Finn Signature Signature Name Name Title Title Date Date Date State of County of On this _ day of 19 , before me appeared (Name) , to me personally, who, being duly sworn, did execute the foregoing•affidavit, and did state that he or she was properly authorized by(Name of firm) to execute the affidavit and did so as his or her free act and deed Notary Public Commission expires [Seal] Date State of County of On this _ day of 19 , before me appeared (Name) to the personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of frm) to execute the affidavit and did so as his or her free act and deed Notary Public Commission expires peal] Revised 3-95 08.07-95 FR -2 1 I 1 1 1 I I 1 I I I I REQUIRED CONTRACT PROVISIONS FEDERAL —AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) Page 6, and 7. Disputes within the meaning of this clause I. General 3 include disputes between the contractor (or any of its II. Nondiscrimination 3 subcontractors) and the contracting agency, the DOL, or III. Nonsegregated Facilities 5 the contractor's employees or their representatives. iV. Payment of Predetermined Minimum Wage 6 V. Statements and Payrolls 8 VI. Record of Materials, Supplies, and Labor 9 VII. Subletting or Assigning the Contract 9 VIII. Safety: Accident Prevention IO IX. False Statements Concerning Highway Project 10 X. Implementation of Clean Air Act and Federal Water Pollution Control 10 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 11 XII. Certification Regarding Use of Contract Funds for Lobbying 12 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization -and with the assistance of workers under the contractors immediate superintendence and to all wait performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3.-A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section i, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, Q: pw.PWENG:Hecht\.TLCCIVIL'.TLCSPECS\FEDSECT.DOC 6. Selection of Labor: During the performance of this contract, the contractor shall not a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), orb. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. IL NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of 510,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/ter activities under the contact. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin. age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship. and/or on-the-job training." 2. EEO Officer. The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively Forth 1273 —Revised 3-95 08-07-95 FR -3 I 1 I I I I p 1 I I I I I I I I administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. h. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to fhe contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246. as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment Information and procedures with regard to referring minority group applicants will be discussed with ernPlores- 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review -selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. FR -4 Q:kpw\P W ENG''.Hecht\TLCCt4TL\TLCSPECSTEDSECT.DOC I I I I I I I I I I I I 1 I i 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into -each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses -to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability, making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SI-IA_ 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 26, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or Q:.pw,PWENC Hecht\TLCCIVWL'TLCSPECSWEDSECT.DOC subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to docwnent compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the F}IWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391, If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. III NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federalaid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and FR -5 I I I I I I i I t I 1 I I 1 I housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consmnmation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. lY. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) L General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3 )] issued by the Secretary of Labor under the Copeland Mt (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and ar Pvsible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(bX2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period. are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more Q 1pwXP W ENG\Hccht\TLCCI V1L\TLCSPECS,PEDSECT.DOC than one classification may he compensated at the rate specified for each rtnnaifeation for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the _ contract, which is not listed in the wage determination, shall be Oar -titled in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination: (2) the additional classification is utilized in the area by the construction industry, (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the claoeifration and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested patties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing FR -6 I I M I I I I 1 1 I V 1 I work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (I) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona Me apprenticeship program registered with the DOL, Employment and Training Administration. Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman - level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.. Q: pw\PWENellecht\TLCCIVIUTL.CSPECS\.FEDSECT.DOC (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journey man level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship mown'''. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage termination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman - level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. FR -7 (4) in the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the • applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage tate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Program of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis - Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the - work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be nrensary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and - one -half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District Cr to such territory) for liquidated damages Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of S10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in. paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contact or any other Federal contact with the same prime contractor, or any other federally -assisted contact subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such stuns as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding 32,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contact for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section l (bx2)(B) of the Davis Bacon FR -8 Q:lpw,P WENG' HechtTLCCIVIL'TLCSPECS\FEDSECT.DOC I - Z 1 I I 1 I I i I I I' I I Act); daily and weekly number of hours worked; deductions made: and actual wages paid. in addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not. normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(bx2XB) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH- 347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (I) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper. apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. Q: \pw\P W ENG'\.Hecht\TLCCI VIL'.TLCSPECS\FEDSECT.DOC e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VL RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the insrallation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction involving Federal Funds," prior to the commencement of work. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47.. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contact) of the total original contract price, excluding any specialty items designated by the State. Specialty. items may be performed by subcontract and the amount of any FR -9 such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a.- "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. . 2. The contract amount upon which the requirements set forth in paragraph I of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the • funs, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4: No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII SAFETY: ACCIDENT PREVENTION I. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Sec etaiy under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). DC, FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an officer, agent, or employee of the United States, or any State or Territory, or whoever, whether a person, association. fine, or corporation, knowingly makes any false statement, false representation, or false upon as to the character, quality. quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or casts of construction on any highway or related project submitted for approval to the Secretary of Transportation: or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character. quality, quantity, or cost of any work performed or to be performed or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation: or Whoever knowingly makes any false statement or false representation as to material fact in any statement. certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1. 1916, (39 Stat. 355), as amended and supplemented: Shall be fined not more that 510,000 or imprisoned not more than 5 years or both." FRIO Q:\pwWWENG\HechtTLCCIVIDTLCSPECSWEDSECTDOC DOC X. IMPLEMENTATION OF CLEAN A/R ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of 5100,000 or more.) By submission of this bid or the execution of this contract, construction contractor, or subcontractor, as appropriate. will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91.604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Enviromnental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph I through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XL CERTIFICATION REGARDING DEBARMENT. SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction: "debarred" "suspended," "ineligible" "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for ag4stanra in obtaining a copy of those regulations. f. The pimp -dive primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into lover tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in . this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction, "provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered FR -11 Qapw\P W ENC',tlecht.TLCCI V1L\TLCSPECS\FEDSECT.DOC transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. • Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion —Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency, b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, • attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and d. Have not within a 3 -year period preceding this application/ proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transactions: orders and (Applicable to all subcontracts, purchase other lower tier transactions of 525,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below, b. The certification in this clause is a material • representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant,' rtiiarc tpan" 'person; 'principal,' "proposal," and "p used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order to which this 12549. You may contact the person proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by e. submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. t further agrees by f. The prospective lower tier perticipan submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier lower Covered Transaction "without modification, tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that decide ther certification isn erroneous. A participant may of aitnd frequency by which it determines the eligibility principals. Each participant may, but is not required to, check the Nonprocurement List h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originatedma debarment. able remedies, including susprnsion Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions certifies, by I. The prospective lower tier participant submission of this proposal, that neither it nor its Principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable FR -12 t Q: in.TW ENC„t lecht\TLCCI VIL\TLCSPECSWEDSECT.DOC such pi ',calve participant shall attach an explanation to this proposal. XEL CONTRACT CERTIFICATION FOR LOBBYING USE OF YYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this hid or proposal. to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the makingof anyFederal the entering into of any cooperative agreement,enL or the extension, continuation, renewal, amen modification of any Federal contract, grant, loan, or cooperative agreement. funds b. if any funds other than Federal appropriated have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation -of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $ 100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all. such recipients shall certify and disclose accordingly. FEDERAL -AID FEMALE AND MINORITY GOALS In accordance with Section IL "Nondiscrimination," of "Required Contract Provisions Federal -aid Construction Contracts" the following are the goals for female utilization: Goal for Women(applies nationwide) (percent) 6.9 The following are goals for minority utilization: CALIFORNIA ECONOMIC AREA Goal (Percent) 174 Redding, CA: 6 8 Non-SMSA Counties CA Lassen; CA Modac; CA Plumes; CA Shasta; CA Siskiyou; CA Tehama. 175 Eureka, CA: • 6.6 Non.SMSA Counties . CA Del Norte, CA Humboldt; CA Trinity. Jose, CA: 176 San Francisco-Gakland-San SMSA Counties: 712PSalinas-Seaslde- 28.9 Monterey, CA CA Monterey. 7360 San Francisco -Oakland, CA- 25.6 CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo. 19.6 7400 San Jose, CA. CA Santa Clara. 14.9 7485 Santa Cruz, CA CA Santa Cruz 9.1 7500 Santa Rosa, CA CA Sonoma 17.1 8720 Vallejo -Fairfield- Napa, CA • CA Napa; CA Solano 23.2 Non-SMSA Counties CA Lake, CA Mendocino; CA San Benito. 177 Sacramento, CA: SMSA Counties: 16.1 6920 Sacramento, CA. CA Placer, CA Sacramento; CA Yo1o. 14.3 Non-SMSA Counties CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter, CA Yuba. 178 Stockton -Modesto, CA: SMSA Counties: 12.3 5170 Modesto, CA CA Stanislaus. 24.3 8120 Stockton, CA CA San Joaquin. 19.8 Non-SMSA Counties CA Alpine; CA Amador; CA Calaveras, CA Mariposa; CA Merced; CA Tuolumne. 179 Fremw-Bakersfield CA: SMSA Counties: • 19.1 0680 Bakersfield, CA CA Kent 26.1 2840 Fresno, CA CA Fresno. 23.6 Non-SMSA Counties CA Kings; CA Madera; CA Tulare. 180 Los Angeles, CA: SMSA Counties: 0360 Anaheim -Santa Ana -Garden FR -13 Q:\roAPWENGliechtaLCCIVIL\TLCSPECSTEDSECT.DOC r I I I I I 1 I I I 1 Grove, CA. 11.9 CA Orange. 4480 Los Angeles -Long 28.3 Beach, CA CA Los Angeles. 6000 Oxnard -Simi Valley- 21.5 Ventura, CA CA Ventura. 6780 Riverside -San Bernardino- Ontario. I9.0 CA. CA Riverside; CA San Bernardino. 7480 Santa Barbara -Santa Maria - Lompoc, CA 19.7 CA Santa Barbara. 24.6 Non-SMSA Counties CA Ingo; CA Mono; CA San Luis Obispo. 181 San Diego, CA: SMSA Counties 16.9 7320 San Diego, CA CA San Diego. 18.2 Non-SMSA Counties CA Imperial. In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers, of 510,000 or more, shall submit for every month of July during which work is performed, employment data as contained under Form FHWA PR -I 391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions inclulFi thereon. FR -14 I Q:\pw\PWENCAllecht\TLCCIVILATILSPECSWEDSECT.DOC I 1 I I I S. 1 t I I I I I I 1 I FEDERAL REQUIREMENT TRAINING SPECIAL PROVISIONS FEDERAL REQUIREMENT TRAINING SPECIAL PROVISION. -- As part of the Contractor's equal employment opportunity affirmative action program, training shall be provided as follows: The Contractor shall provide on-the-job training to develop full journeymen in the types of trades or job classification involved. The goal for the number of trainees or apprentices to be trained under the requirements of this special provision will be 2 trainees. In the event the Contractor subcontracts a portion of the contract work, he shall determine how many, if any, of the trainees or apprentices are to be trained by the subcontractor, provided however, that the Contractor shall retain the primary responsibility for meeting the training requirements imposed by this special provision. The Contractor shall also insure that this Training Special Provision is made applicable to such subcontract. Where feasible, 25 percent of trainees or apprentices in each occupation shall be in their first year of apprenticeship or training. The number of trainees or apprentices shall be distributed among the work classifications on the basis of the Contractor's needs and the availability of journeymen in the various classifications within a reasonable area of recruitment. Prior to commencing work, the Contractor shall submit to the Department for approval the number of trainees or apprentices to be trained in each selected classification and training program to be. used. Furthermore, the Contractor shall specify the starting time for training in each of the classifications. The Contractor will be credited for each trainee or apprentice employed by him on the contract workwho is currently enrolled or becomes enrolled in. -an approved program and will be reimbursed for such trainees or apprentices as provided hereinafter. Training and upgrading of minorities and women toward journeymen status is a primary objective of this Training Special Provision. Accordingly, the Contractor shall make every effort to enroll minority and women trainees or apprentices (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees or apprentices) to the extent such persons are available within a reasonable area of recruitment. The Contractor will be responsible for demonstrating the steps that he has taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this Training Special Provision. This training commitment is not intended, and shall not be used, to discriminate against any applicant for training, whether a member of a minority group or not. Q:\pw\PWENG\A CONTRS\20021TLC Contract\FedSectionl4. l.doc F-]5 No employee shall be employed as a trainee or apprentice in any classification in which he has successfully completed a training course leading to journeyman status or in which he has been employed as a journeyman. The Contractor should satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used the Contractor's records should document the findings in each case. The minimum length and type of training for each classification will be as established in the training program selected by the Contractor and approved by both the Department and the Federal Highway Administration. The Department and the Federal Highway Administration will approve a program if it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and to qualify the average trainee or apprentice for journeyman status in the classification concerned by the end of the training period. Furthermore; apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with the State of California, Department of Industrial Relations, Division of Apprenticeship Standards recognized by the Bureau and training programs approved but not necessarily sponsored by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training shall also be considered acceptable provided it is being administered in a manner consistent with the equal employment obligations of Federal -aid highway construction contracts. Approval or acceptance of a training program shall be obtained from the State prior to commencing work on the classification covered by the program. It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk - typists or secretarial -type positions. Training is permissible in lower level management positions such as office engineers, estimators, timekeepers, etc., where the training is oriented toward construction applications. Training in the laborer classification may be permitted provided that significant and meaningful training is provided and approved by the division office. Some offsite training is permissible as long as the training is an integral part of an approved training program and does not comprise a significant part of the overall training. Except as otherwise noted below, the Contractor will be reimbursed 80 cents per hour of training given an employee on this contract in accordance with an approved training program. As approved by the Engineer, reimbursement will be made for training of persons in excess of the number specified herein. 1 1 I r 1 I I 1 i I I I 1 I I I a This reimbursement will be made even though the Contractor receives additional training program funds from other sources, provided such other source does not specifically prohibit the Contractor from receiving other reimbursement. Reimbursement for offsite training indicated above may only be made to the Contractor where he does one or more of the following and the trainees or apprentices are concurrently employed on a Federal -aid project; contributes to the cost of the training, provides the instruction to the trainee or apprentice or pays the trainee's or apprentice's wages during the offsite training period. No payment shall be made to the Contractor if either the failure to provide the required training, or the failure to hire the trainee or apprentice as a journeyman, is caused by the Contractor and evidences a lack of good faith on the part of the Contractor in meeting the requirements of this Training Special Provision. It is normally expected that a trainee or apprentice will begin his training on the project as soon as feasible after start of work utilizing the skill involved and remain on the project as long as training opportunities exist in his work classification or until he has completed his training program. It is not required that all trainees or apprentices be on board for the entire length of the contract. A Contractor will have fulfilled his responsibilities under this Training Special Provision if he has provided acceptable training to the number of trainees or apprentices specified. The number trained shall be determined on the basis of the total number enrolled on the contract for a significant period. Only trainees or apprentices registered in a program approved by the State of California's State Administrator of Apprenticeship may be employed on the project and said trainees or apprentices shall be paid the standard wage specified under the regulations of the craft or trade at which they are employed. The Contractor shall furnish the trainee orapprenticea copy of the program he will follow in providing the training. The Contractor shall provide each trainee or apprentice with a certification showing the type and length of training satisfactorily completed.The Contractor will provide for the The Contractor will provide for the maintenance of records and furnish periodic reports documenting his performance under this Training Special Provision Q1pw\PWENG A_CONTRS\2002\TLC ContractWedSectionl4. l.doc 2 i 1 S 1 I I I 1 I I I I I I I 1 1 APPENDIX I TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; FIRST; SECOND; THIRD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-3135 CITY OF SAN MATEO, CALIFORNIA AGREEMENT FOR PUBLIC IMPROVEMENT CITY OF SAN MATEO CITY COUNCIL AWARD THIS AGREEMENT, made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation, hereinafter called "City", and hereinafter called "Contractor," as ofthe day of , 2002. RECITALS: (a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this contract. (b) A notice was duly published for bids for the contract for the improvement hereinafter described. (c) After notice duly given, on the date hereof, the City awarded the contract for the construction of the improvements hereinafter described to Contractor. IT IS AGREED, as follows: 1. Scope of Work. Contractor shall perform the work according to the Contract Book therefore entitled: TRANSPORTATION FOR LIVABLE COMMUNITIES STREETSCAPE PROJECT: MAIN STREET; FIRST; SECOND; THIRD; AND RAILROAD AVENUES FEDERAL AID PROJECT NO. STPLER 5102(024) CITY PROJECT NO. 09-90-31.35 2. Contract Price. City shall pay, the Contractor shall accept, in full payment for the work above agreed to be done the sum of Said price is determined by the prices contained in Contractor's bid, and shall be paid as described in the Contract Book. In the event work is performed or materials furnished in addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for as described in the Contract Book. 3. The Contract Documents. The complete contract consists of the following documents: This Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions and Contract Drawings, Addendums Number issued to the Contract Book; the State of California, Department of Transportation, Standard Specifications, July A-1 8/22/02 t 1 I I I 1 I I I I I I I I 1 I 1992; the Faithful Performance Bond; and the Labor and Material Bond; and the labor Surcharge and equipment Rental Rates in effect on the date the work is accomplished, which said special provisions, project plans, Standard Plans, Standard Specifications, and Labor Surcharge and Equipment Rental Rates are hereby specifically referred to and by such reference made a part hereof. All rights and obligations of City and Contractor are fully set forth and described in the contract documents. All of the above -named documents are intended to cooperate, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as "the contract documents". In the event of any variation or discrepancy between any portion of this agreement and any portion of the other contract documents, this agreement shall prevail. The precedence of the remaining contract documents will be as specified in the Contract Book. 4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book. 5. Performance by Sureties. In the event of any termination as hereinbefore provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give City written notice of their intention to take over the performance thereof within 5 days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor. 6. Legal Work Dav - Penalties for Violation. Eight hours of labor shall constitute a legal day's work. Contractor shall not require more than 8 hours' labor in a day and 40 hours in a calendar week from any person employed by Contractor in the performance of such work unless such excess work is compensated for at not less than 1-1/2 times the basic rate of pay. Contractor shall forfeit as a penalty to City the sum of $25.00 for each laborer, workman or mechanic employed in the execution of this contract by Contractor, or by any subcontractor for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of California. 7. Prevailing Wage Scale. In general, the prevailing wage scale, as determined by the Director of Industrial Relations of the State of California, in force on the day this bid was announced or determined by the administrator of the Wage and Hour Division, U.S. Department of Labor, in force on the day bids are opened, which ever is higher, will be the minimum paid to all craftsmen and laborers working on this project. In some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the expiration date in effect on the date of advertisement for bids. In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project. Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed after this date have been predetermined. If work is extended past this date, the new rate must be paid and should be incorporated in contracts the Contractor enters A-2 8/22/02 into. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office for the convenience of bidders. Any errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. 8. Insurance. The Contractor shall provide and maintain: A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. Such insurance shall include coverage for owned, hired, and non -owned automobiles. C. Workers Compensation in at least the minimum statutory limits. D. General Provisions for all insurance. All insurance shall: 1. Include the City of San Mateo, its elected and appointed officers, employees, and volunteers as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above -designated insureds. 2. Be primary with respect to any insurance or self-insurance programs of City, its officers, employees, and volunteers. 3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance. 4. No changes in insurance may be made without the written approval of the City Attorney's office. 9. Hold Harmless and Indemnity Provision. Contractor agrees (1) to hold hannless and indemnify City of San Mateo and its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from performance of this contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo, its officers or employees, and (2) to defend City of San Mateo, its officers or employees there against; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of City of San Mateo or (b) the active negligence of City of San Mateo; further provided, that this provision shall not affect the validity of any insurance contract, workers compensation or agreement issued by an admitted insurer as defined by the Insurance Code. 10. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellatecourt, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have topay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably. A-3 8/22/02 U I r I I I I I I i I I I I I I 11. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed -upon service. The mediator shall be selected by a "blindfolded" process. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 12. Arbitration: After mediation above, and upon agreement of the parties, any dispute arising out of or relating to this agreement may be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties. 13. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 14. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: Director of Public Works City of San Mateo 330 West 20th Avenue San Mateo, CA 94403 Notices required to be given to Contractor shall be addressed as appears in the signature block below. 15. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa. A-4 8/22/02 1 I i I 1 I1 I I I I I i t 1 1 i I I IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereinabove named, as of the day and year first above written. CONTRACTOR CITY OF SAN MATEO, a municipal corporation By: MAYOR: Sue Lempert ATTEST: (Typed Name of Person Signing) CITY CLERK: Norma Gomez A-5 8/22/02 I V I I I I a I I I i I I I I I I I APPENDIX II CITY STANDARD DRAWINGS NOT USED A-6 8/22/02 I I I I I I I I I 1 t 1 t I 1 I 1 I APPENDIX III STATE STANDARD PLANS NOT USED A-7 8/22/02 APPENDIX IV FEDERAL MINIMUM WAGES A-8 8/22/02 r I I I I I I I I i I I I I WAIS Document Retrieval Page 1 of 41 GENERAL DECISION CA020029 08/09/2002 CA29 Date: August 9, 2002 General Decision Number CA020029 Superseded General Decision No. CA010029 State: California Construction Type: BUILDING DREDGING' HEAVY HIGHWAY County(ies): ALAMEDA MARIPOSA SAN MATEO CALAVERAS MERCED SANTA CLARA CONTRA COSTA MONTEREY SANTA CRUZ FRESNO SAN BENITO STANISLAUS KINGS SAN FRANCISCO TUOLUMNE MADERA SAN JOAQUIN BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY. CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/01/2002 1 03/08/2002 2 03/22/2002 3 03/29/2002 4 04/12/2002 5 04/19/2002 6 05/10/2002 7 05/17/2002 S 05/31/2002 9 06/07/2002 10 06/14/2002 11 07/05/2002 12 07/19/2002 13 08/02/2002 14 08/09/2002 COUNTY(ies): ALAMEDA MARIPOSA SAN MATEO CALAVERAS MERCED SANTA CLARA CONTRA COSTA MONTEREY SANTA CRUZ FRESNO SAN BENITO STANISLAUS KINGS SAN FRANCISCO TUOLUMNE MADERA SAN JOAQUIN ASBE0016A 01/01/2002 Includes the application of all insulating materials, protective coverings, Rates Fringes WAIS Document Retrieval Page 2 of 41 I, I I 1 i I I I r f I 1 I I I coatings, and finishings to all types of mechanical systems INSULATOR/ASBESTOS WORKER 37.53 9.01 ASBE0016E. 05/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not HAZARDOUS MATERIAL HANDLER 22.90 3.25 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not HAZARDOUS MATERIAL HANDLER 13.90 2.25 ASBE0016F 05/01/1999 Rates Fringes CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not HAZARDOUS MATERIAL HANDLER 22.01 4.28 BOIL0549B 10/01/2001 BOILERMAKER Rates Fringes 31.51 11.95 * BRCA0003B 08/01/2002 MARBLE FINISHER Rates Fringes 25.17 6.42 * BRCA0003D 08/01/2002 Rates Fringes I I I I I I I I I I I I I I 1 I 1 I I WAIS Document Retrieval Page 3 of 41 MARBLE MASON 35.44 11.96 * BRCA0003G 07/01/2001 Rates SAN FRANCISCO AND SAN MATEO COUNTIES: BRICKLAYER 31.80 Fringes 10.50 ALAMEDA, CONTRA COSTA, SAN BENITO AND SANTA CLARA COUNTIES BRICKLAYER 30.52 9.63 CALAVERAS, SAN JOAQUIN, STANISLAUS AND TOULUMNE COUNTIES BRICKLAYER 26.65 8.25 MONTEREY AND SAN CRUZ COUNTIES BRICKLAYER 28.48 10.00 FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES BRICKLAYER 24.70 8.80 FOOTNOTES: Operating a saw or grinder: $0.50 per hour additional. Gunite nozzle person: $1.00 per hour additional. BRCA0003P• 07/01/2001 TERRAllO WORKER TERRAZZO FINISHER Rates Fringes 33.80 10.15 18.06 6.57 BRCA0003T 04/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: TILE LAYER 34.13 7.20 TILE FINISHER 17.16 5.97 CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES TILE LAYER - 28.43 7.15 TILER FINISHER 18.66 5.97 FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES TILE LAYER 26.27 TILE FINISHER 18.55 5.65 4.77 CARP0003A 08/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES DRYWALL INSTALLER/LATHER 29.75 12.415 DRYWALL STOCKER/SCRAPPER 14.88 6.795 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Total Project value $25 Million and over 1.+a. IIf....ehnoto rmn rve../..,r:_1.:../,rot inn n,ri9Ak..omcnfln.ic_Aornnkk`lnniA=r AfMl1MQ Rill /M WAIS Document Retrieval Page 4 of 41 1 I 1 I I I i i 1 I 1 I I I I I DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPPER Total Project Value under $25 Million DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPPER REMAINDER OF COUNTIES: Total Project value $25 million and over DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPPER Total Project value under $25 million DRYWALL INSTALLER/LATHER DRYWALL STOCKER/SCRAPER 29.75 12.415 14.88 6.795 24.62 12.415 12.19 6.795 29.75 12.415 14.88 6.975 23.77 12.415 11.89 7.795 CARP0034A 07/01/2002 DIVERS: Diver standby Diver wet pay Tender Saturation diver DEPTH PAY (Surface Diving): 50 to 100 ft $1.32/ft 100 to 150 ft $66.00 + $1.85/ft 150 to 200 ft $158.00 + $2.65/ft 200 ft and over $291.00 + $3.00/ft Rates Fringes 32.34 43.59 32.34 46.50 14.475 14.475 14.475 14.475 CARP0034C 07/01/2002 PILEDRIVER Rates 29.40 Fringes 14.475 CARP0035A 07/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, AND SANTA CLARA COUNTIES: CARPENTER 29.75 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER 29.90 11.975 BRIDGE BUILDERS 29.75 11.975 MILLWRIGHT 29.85 13.315 CALAVERAS,- FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS, AND TUOLUMNE COUNTIES: TOTAL PROJECT VALUE $25 MILLION AND OVER: h++,.• IICrunahnata arrneo ann nn ,/rai_hin/nntAnr rni9Ahname=llavic.RarnnR,,nriA=('A(YJOMU $/71/(17 1 I I I 1 1 1 I I I WAIS Document Retrieval Page 5 of 41 CARPENTER - 29.75 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER 29.90 11.975 BRIDGE BUILDERS 29.75 11.975 MILLWRIGHT 29.85 13.315 TOTAL PROJECT VALUE UNDER $25 MILLION CARPENTER 23.27 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER 23.42 11.975 BRIDGE BUILDERS 27.43 11.975 MILLWRIGHT 25.27 13.315 MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES: TOTAL PROJECT VALUE $25 MILLION AND OVER: CARPENTER 29.75 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER 29.90 11.975 BRIDGE BUILDERS 29.75 11.975 MILLWRIGHT 29.85 13.315 TOTAL PROJECT VALUE UNDER $25,000,000 CARPENTER 24.62 11.975 HARDWOOD FLOORLAYER; SHINGLER; POWER SAW OPERATOR; STEEL SCAFFOLD AND STEEL SHORING ERECTOR; SAW FILER 24.77 11.975 BRIDGE BUILDERS 27.99 11.975 MILLWRIGHT 26.62 13.315 CARP0035H 07/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA COUNTIES MODULAR FURNITURE INSTALLER 18.18 5.455 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES MODULAR FURNITURE INSTALLER 16.00 5.455 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS; TUOLUMNE COUNTIES MODULAR FURNITURE INSTALLER 15.23 5.455 ELEC0006A 12/01/2000 Rates Fringes ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA, AND SANTA CRUZ COUNTIES: httn.//fnxrehnatp arrecc (inn nnv/rni_hin/natAnr rr i9Ahnamp= lavic_Ronnn./SAnri,l=r Amown) an /an • 1 1 I 1 1 I i 1 t 1 I 1 I 1 WAIS Document Retrieval Page 6 of 41 COMMUNICATIONS AND SYSTEMS WORK: Communications and Systems Installer 23.32 3%+4.10 Communications and Systems Technician 26.55 3%+4.10 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life -safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ELEC0006H 06/01/2002 Rates Fringes SAN FRANCISCO COUNTY: ELECTRICIAN 45.55 13.885 ELEC0006K 12/01/1999 Rates Fringes CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: COMMUNICATIONS AND SYSTEMS WORK: Communications and Systems Installer 18.72 3%+4.10 Communications and Systems Technician 21.31 3%+4.10 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life -safety htto://frwebaate.access.enn.onv/cei-hin/Qetdor,cvi?dhname=Tlavia-Raennierdncid=CA090079 Rh1KO 1 WAIS Document Retrieval Page 7 of 41 I I 1 1 I r 1 1 systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ELEC0100C 06/01/2002 FRESNO, KINGS, AND MADERA COUNTIES: ELECTRICIAN Rates 27.10 Fringes 3%+8.81 ELEC0100F 01/07/2002 Rates Fringes FRESNO, KINGS, MADERA AND TULARE COUNTIES: COMMUNICATIONS AND SYSTEMS INSTALLER SCOPE OF WORK 21.47 3%+5.40 Includes the installation testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance, background -foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, and low voltage master clock systems. A. SOUND AND VOICE. TRANSMISSION/TRANSFERENCE SYSTEMS Background foreground musicc Intercom and telephone interconnect systems Telephone systems Nurse call systems Radio page systems School intercom and sound systems Burglar alarm systems Low voltage master clock systems Multi-media/multiplex systems Sound and musical entertainment systems RF systems Antennas and Wave Guide B. FIRE ALARM SYSTEMS Installation, wire pulling and testing C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance systems Video security systems Video entertainment systems Video educational systems 1 httn•//fran,a{unata arrncc ann nni,/rni_hin/natdnr rai9dhname=Tlnvic_RaranRcdnnid=f:AO2OO9.9 R121 /02 1 I I I I I 1 WAIS Document Retrieval Page 8 of 41 Microwave transmission systems CATV and CCTV D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems • Sonar/infrared monitoring equipment E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and Data Acquisition) PCM (Pulse Code Modulation) Inventory Control Systems Digital Data Systems Broadband and Baseband and Carriers Point of Sale Systems VSAT Data Systems Data Communication Systems RF and Remote Control Systems Fiber Optic Data Systems WORK EXCLUDED Raceway systems are not covered (excluding Ladder -Rack for the purpose of the above listed systems). Chases and/or nipples (not to exceed 10 feet) may be installed on open wiring systems. Energy management systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above listed systems (in the scope). Fire alarm systems when installed in raceways (including wire and cable pulling) shall be performed at the electrician wage rate, when either of the following two (2) conditions apply: 1. The project involves new or major remodel building trades construction. 2. The conductors for the fire alarm system are installed in conduit. ELECO234A 12/24/2001 Rates MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES: ELECTRICIANS Fringes 32.06 3% + 11.59 ELECD302A 06/01/2001 Rates Fringes CONTRA COSTA COUNTY: ELECTRICIANS 35.01 3%+8.90 CABLE SPLICER 38.51 3%+8.90 httn://frwehaate_accecs o-nn.vnv/rai-hin/vetdnr. rai7dhname lavic_Racnmerrinnid=CAA7M17Q RP)1 /() 1 1 1 S i I I 1 1 I 1 WAIS Document Retrieval Page 9 of 41 ELEC0332A 06/01/2002 SANTA CLARA COUNTY: ELECTRICIAN CABLE SPLICER Rates Fringes 42.57 3%+11.27 48.96 3%+11.27 FOOTNOTES: Work under compressed air or where gas masks are required, or work on ladders, scaffolds, stacks, "Bosun's chairs," or other structures and where the workers are not protected by permanent guard rails at a distance of 40 to 60 ft. from the ground or supporting structures: to be paid one and one-half times the straight -time rate of pay. Work on structures of 60 ft. or over (as described above): to be paid twice the straight -time rate of pay. ELEC0595A. 06/01/2002 ALAMEDA COUNTY: Electricians Cable Splicers Rates Fringes 37.00 41.63 3%+14.35 3%+14.35 ELEC0595B 06/01/2002 CALAVERAS AND SAN JOAQUIN COUNTIES: TUNNEL WORK: Electrician Cable splicer ALL OTHER WORK: Electrician Cable splicer Rates Fringes 28.32 31.84 28.19 31.71 7.5%+11.96 7.58+11.96 7.5%+11.96 7.5%+11.96 ELEC0617A 06/01/2002 SAN MATEO COUNTY: ELECTRICIAN Rates Fringes 42.37 3%+11.66 ELEC0684A 07/01/2001 Rates Fringes MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES: Electrician Cable splicer 28.02 7%+9.05 30.82 7%+9.05 ELEC1245A 06/01/2002 Rates Fringes LINE CONSTRUCTION httn /fnvehante arneQC ann nnv/rmi_hin/rtatAnr rai9Ahmamn—Tlavie_farnn.N'Anriks" A MlNY70 QM1 /M WAIS Document Retrieval Page 10 of 41 1 I I I 11 I 1 Lineman; Cable splicer 33.16 4.5%+7.08 Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), and overhead and underground distribution line equipment) 28.19 4.5%+6.80 Groundman 21.56 4.5%+6.80 Powderman 31.51 4.5%+6.84 ELEV0008A 08/01/2001 ELEVATOR MECHANIC Rates 42.735 Fringes 7.455 FOOTNOTE: Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence: Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. * ENGI0003B 07/01/2001 Rates POWER EQUIPMENT OPERATORS: DREDGING: CLAMSHELL & DIPPER DREDGING; HYDRAULIC SUCTION DREDGING: Fringes AREA 1: Leverman 34.39 12.37 Dredge dozer; Heavy duty repairman 29.43 12.37 Booster pump operator; Deck; engineer; Deck Mate; Dredge tender; Winch operator 28.31 12.37 Bargeman; Deckhand; Fireman; Leveehand; Oiler 25.01 12.37 AREA 2: Leverman 36.39 12.37 Dredge dozer; Heavy duty repairman 31.43 12.37 Booster pump operator; Deck; engineer; Deck Mate; Dredge tender; Winch operator 30.31 12.37 Bargeman; Deckhand; Fireman; Leveehand; Oiler 27.D1 12.37 AREA 1: ALAMEDA, CONTRA COSTA, KINGS, MERCED, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ AND STANISLAUS COUNTIES The remaining counties are split between Area 1 and Area 2 as noted below: CALAVERAS COUNTY: htto://frwehgate.access.2nn.cinv/cvi-hin/vetrinr..rai9dhname=Tlavic-Rarnni&rinrirld'An'M19Q R/71/n0 WAIS Document Retrieval Page 11 of 41 AREA 1: Area within the line beginning at the southernmost point of Calaveras County, Thence northerly along the southeasterly county line to the intersection with the easterly line of Range 15 East, Thence northerly to the northeast corner of Township 5N, Range 15E, Thence westerly to the southeast corner of Township 6N, Range 14E, Thence northerly along the range line to the intersection with the northerly line of said county, Thence westerly and southerly along the county line to the point of beginning. AREA 2: Remainder of Calaveras County. FRESNO COUNTY: AREA 1: Area within the line beginning at the southeast corner of Township 13S, Range 28E, Thence northerly to the northeast corner of Township 13S, Range 28E, Thence westerly to the southeast corner of Township 12S, Range 27E, Thence northerly to the northeast corner of Township 12S, Range 27E, Thence westerly to the southeast corner of Township 11S, Range 26E, Thence northerly to the northeast corner of Township 11S, Range 26E, Thence westerly to the southeast. corner of Township 10S, Range 25E, Thence northerly to the northeast corner of Township 9S, Range 25E, Thence westerly to the southeast corner of Township 8S, Range 24E, Thence northerly to the northeast corner of Township 8S, Thence northerly to the northeast corner of Township 8S, Range 24E, Thence westerly along the north line of Township 8S to the intersection with the Fresno County line, Thence southwesterly and northwesterly along said county line to the intersection with the southeasterly line of Merced County, Thence southwesterly along said county line to the intersection with the easterly line of San Benito County, Thence southerly along said county line to the intersection with the easterly line of Monterey County, Thence southeasterly along said county line to the intersection with the northwesterly line of Kings County, Thence northeasterly along the southeasterly line of Fresno County to the point of beginning. AREA 2: Remainder of Fresno County. MADERA COUNTY: AREA 1: Area within the line beginning at the point of intersection of Fresno County, Madera County, and Merced County, Thence southeasterly and northeasterly along the southerly line of Madera County to the intersection with the httn://frwebeate.access.2no.aov/cei-hin/Qetdoc.cgi?dhname=favic-Bacnn&dncid=rA020099 R/21 /(12 1 I 1 `1 1 1 1 I I E 1 1 1 I 1 1 WAIS Document Retrieval Page 12 of 41 northerly line of Township 8S, Thence westerly to the southeast corner of Township 7S, Range 23E, Thence northerly to the northeast corner of Township 6S, Range 23E, Thence westerly along the north intersection of the northwesterly Thence southwesterly along said beginning. line of Township 6S to the line of Madera County, county line to the point of AREA 2: Remainder of Madera County. MARIPOSA COUNTY AREA 1: Area within the line beginning at the point of intersection of Stanislaus County with Mariposa County, Thence southeasterly along the westerly line of Mariposa County to the intersection of Madera County, Thence northeasterly along said county line to the itersection of the southerly line of Township 5S, Thence westerly to the southeast corner of Township 5S, Range 20E, Thence northerly to the northeast corner of Township 5S, Range 20E, Thence westerly to the southeast corner of Township 4S,- Range 19E, Thence northerly along the range line to the intersection with the northerly line of Mariposa County, Thence westerly along said county line to the point of beginning. AREA 2: Remainder of Mariposa County. MONTEREY COUNTY: AREA 1: Area within a line beginning at the intersection of the southerly line of Township 19Swiththe Pacific Ocean, Thence easterly along the southerly line of Township 19S to the northwest corner of Township 208, Range 6E, Thence southerly to the southwest corner of Township 20S, range 6E, Thence easterly to the northwest corner of Township 215, Range 7E, Thence southerly to the southwest corner of Township 21$, Range 7E, Thence easterly to the northwest corner of Township 22S, Range 9E, Thence southerly to the southwest corner of Township 22S, Range 9E, Thence easterly to the northwest corner of Township 23S, Range 10E, Thence southerly to the southwest corner of Township 245, Range 10E, Thence easterly along the southerly line of Township 24S to the southeasterly corner of Monterey County, Thence northwesterly along said county line to the point of intersection with the southerly line of Santa Cruz County, Thence westerly along the northerly line of Monterey County to the Pacific Ocean, Thence southerly along the Pacific Ocean to the point of beginning. httn•//fnvehaate arnecc ann anv/rai_hin/aetdnr rai9dhname=Tlavic_RarnnR•dnrid=CAf1)Af1?9 2191 fir I I 1 1 r I I V I i I I I I 1 I WAIS Document Retrieval AREA 2: Remainder of Monterey County. TUOLUMNE COUNTY: AREA 1: Area within the line beginning at the point of intersection of the easterly line of Township 2S, Range 19E, with the southerly line of Tuolumne County, Thence northerly to the northeast corner of Township 1S, Range 19E, Thence westerly to the southeast corner of Township 1N, Range 18E, Thence northerly to the northeast corner of Township 3N, Range 18E, Thence westerly to the southeast corner of Township 4N, Range 17E, Thence northerly to the northeast corner of Township 4N, Range 17E, Thence northerly to the northeast corner of Township 4N, Range 17E, Thence westerly to the southeast corner of Township 5N, Range 15E, Thence northerly to the intersection of the county line with the easterly line of Township 5N, Range 15E, Thence southwesterly along the county line to the intersection of the northeasterly line of Stanislaus County, Thence southeasterly along said county line to the southernmost corner of Tuolumne County, Thence easterly along the county line to the point of beginning. AREA 2: Remainder of Tuolumne County. * ENGI0004L 06/16/2001 POWER EQUIPMENT OPERATORS: AREA 1: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 8-A AREA 2: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 8-A Rates Fringes 33.42 31.89 30.41 29.03 27.76 26.44 25.30 24.16 21.95 35.42 33.89 32.41 31.03 29.76 28.44 27.30 26.16 23.95 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 Page 13 of 41 http://frwebgate.access.gpo.gov/egi-bin/getdoc.cgi?dbname=Davis-Bacon&docid A020029 8/21/02 WAIS Document Retrieval Page 14 of 41 POWER EQUIPMENT OPERATORS - ALL CRANES AND ATTACHMENTS: AREA 1: GROUP 1 34.30 12.97 Truck crane oiler 27.33 - 12.97 Oiler 25.04 12.97 GROUP 2 32.54 12.97 Truck crane oiler 27.07 12.97 Oiler 24.83 12.97 GROUP 3 30.80 12.97 Truck crane oiler 26.83 12.97 Hydraulic 26.44 12.97 Oiler 24.55 12.97 AREA 2: GROUP 1 Truck crane oiler Oiler GROUP 2 Truck crane oiler Oiler GROUP 3 • Truck crane oiler Hydraulic Oiler 36.30 29.33 27.04 34.54 29.07 26.83 32.80 28.83 28.44 26.55 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 POWER EQUIPMENT OPERATORS - PILEDRIVERS: GROUP 1 34.64 12.97 Truck crane oiler - 27.66 12.97 Oiler 25.11 12.97 GROUP 2 32.82 12.97 Truck crane oiler 27.41 12.97 Oiler 25.11 12.97 GROUP 3 31.14 12.97 Truck crane oiler 27.12 12.97 Oiler 24.89 12.97 GROUP 4 29.37 12.97 GROUP 5 26.73 12.97 GROUP 6 24.50 12.97 POWER EQUIPMENT OPERATORS - STEEL ERECTION: GROUP 1 35.27 12.97 Truck crane oiler 27.95 12.97 Oiler 25.72 12.97 GROUP 2 33.50 12.97 Truck crane oiler 27.73 12.97 Oiler 25.45 12.97 GROUP 3 32.02 12.97 Truck crane oiler 27.46 12.97 Hydraulic 27.07 12.97 Oiler 25.23 12.97 GROUP 4 30.00 12.97 GROUP 5 28.70 12.97 POWER EQUIPMENT OPERATORS TUNNEL AND UNDERGROUND WORK: AREA 1: UNDERGROUND: GROUP 1-A 31.89 12.97 GROUP 1 29.42 12.97 GROUP 2 28.16 12.97 httrrllfrwehaate accesc ann anv/cai-hin/aetdne nai7dhname=Davis-RacnnX'.dncid=C:A020029 R/21 /02 I WAIS Document Retrieval Page 15 of 41 I I I I t I I r 1 I I. I GROUP 3 GROUP 4 GROUP 5 SHAFTS, STOPES AND RAISES: GROUP 1-A GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 AREA 2: UNDERGROUND: GROUP 1-A GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 SHAFTS, STOPES AND RAISES: GROUP 1-A GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 26.83 25.69 24.55 31.99 29.52 28.26 26.93 25.79 24.65 33.89 31.42 30.16 28.83 27.69 26.55 33.99 31.52 30.26 28.93 27.79 26:65 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 12.97 FOOTNOTE: Work suspended by ropes or cables, or work on a Yo -Yo Cat: $.60 per hour additional. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds. GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Power blade operator (finish); Power shovels, over 1 cu. yd. up toand including 7 cu. yds. m.r.c. GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine; Crane mounted continuous flight tie back machine; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre -stress wire wrapping machine; Side boom cat, 572 or larger; Track loader 4 cu. yds. and over; Wheel excavator (up to and including 750 cu. yds. per hour) GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozerand/or push cat; Pull - type elevating loader; Gradesetter, grade checker (GPS, mechanical or otherwise); Grooving and grinding machine; Heading shield operator; Heavy-duty drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I 1 I a I I I I I WAIS Document Retrieval Page 16 of 41 Lime spreader; Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber -Greene and similar); Miller Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber -tired scraper, self -loading (paddle -wheels, etc.); Rubber - tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil stabilizer (P & H or equal); Timber skidder; Track loader up to 4 yds.; Tractor -drawn scraper; Tractor, compressor drill combination; Welder; Woods - Mixer (and other similar Pugmill equipment) GROUP 5: Cast -in -place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor, building site; Concrete pump or pumperete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist; Mechanical finishers (concrete) (Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burro, curb and/or curb and gutter machine, concrete or asphalt); Mine or shaft hoist; Portable crusher; Power jumbo operator (setting slip -forms, etc., in tunnels); Screed (automatic or manual); Self-propelled compactor with dozer; Tractor with boom 06 or smaller; Trenching machine, maximum digging capacity over 5 ft. depth; Vermeer T -600B rock cutter or similar GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom - type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine, truck -mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600, Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator; Hydro -hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with attachments); Locomotive; Lull hi -lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck -mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines only); Pipe wrapping machine (tractor propelled and supported); Screed (except asphaltic concrete paving); Self- propelled pipeline wrapping machine; Soils & materials tester; Tractor GROUP 7: Ballast regulator; Boom truck or dual-purpose A -frame truck, non -rotating - under 15 tons; Truck -mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip. Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals); Self-propelled compactor httn://frweb¢ate.access.e»o.nov/cui-bin/venine evi?rihname=navic-RaenrikAnnici=f`Andmn/Q Rt7t /fl7 WAIS Document Retrieval Page 17 of 41 I V (without dozer); Signalperson; Slip -form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck - type loader GROUP 8: Bit sharpener; Boiler tender; Box operator; Brakeperson; Combination mixer and compressor (shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator; Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump operator; Refrigeration plant; Reservoir -debris tug (self- propelled floating); Ross Carrier (construction site); Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum cooling plant; Welding machine (powered other than by electricity) GROUP 8-A: Elevator operator; Skidsteer loader - Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe - trencher) POWER EQUIPMENT OPERATOR CLASSIFICATIONS ALL CRANES AND ATTACHMENTS GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge pedestal -mounted, over 100 tons; Self-propelled boom -type lifting device, over 100 tons GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and including 100 tons; Derrick barge, 100 tons and under; Self-propelled boom -type lifting device, over 45 tons; Mobile self -erecting tower crane (Potain) over three. (3) stories GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Crane, 45 tons and under; Self-propelled boom -type lifting device, 45 tons and under; Truck -mounted rotating telescopic boom typelifting device, Manitex or similar (boom truck) - under. 15 tons; Boom truck or dual purpose A -frame truck, non -rotating, over 15 tons GROUP 3A: Mobile self -erecting tower crane (Potain) three (3) stories or. under POWER EQUIPMENT OPERATORS - PILEDRIVERS GROUP 1: Derrick barge pedestal mounted over 100 tons; Clamshell over 7 cu. yds.; Self-propelled boom -type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons GROUP 2: Derrick barge pedestal mounted 45 tons to and including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom -type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom -type lifting device 45 tons and under; Skid/scow http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval Page 18 of 41 piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer GROUP 6: Deckhand; Fire tender POWER EQUIPMENT OPERATORS - STEEL ERECTORS GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self- propelled boom -type lifting device over 100 tons GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom -type lifting device over 45 tons to 100 tons; Tower crane GROUP 3: Crane, 45 tons and under; Self-propelled boom -type lifting device, 45 tons and under GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder GROUP 5: Boom cat POWER EQUIUPMENT OPERATORS: TUNNEL AND UNDERGROUND WORK GROUP 1-A: Tunnel bore machine operator, 20' diameter or more GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator GROUP 2: Combination slusher and -motor operator; Concrete pump or pumperete gun; Power jumbo operator GROUP 3: Drill doctor; Mine or shaft hoist GROUP 4: Combination slurry mixer cleaner;- Grouting Machine operator; Motorman GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump operator; Slusher operator AREA DESCRIPTIONS POWER EQUIPMENT OPERATORS CRANES AND ATTACHMENTS TUNNEL AND UNDERGROUND These areas do not apply to piledrivers and steel erectors. AREA 1: ALAMEDA, CONTRA COSTA, KINGS, MERCED, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,-SAN MATEO, SANTA CLARA, SANTA CRUZ AND STANISLAUS COUNTIES AREA 2 - The remaining counties are split between -Area 1 and Area 2 as noted below: httn://frwebeate.access.eno.aov/cai-hinketdor..cai9dhnamP=navic-RannnXrrinriri=rAn9nmia RnI/m I WAIS Document Retrieval Page 19 of 41 CALAVERAS COUNTY: AREA 1: Area within the line beginning at the southernmost point of Calaveras County, Thence northerly along the southeasterly county line to the intersection with the easterly line of Range 15 East, Thence northerly to the northeast corner of Township 5N, Range 15E, Thence westerly to the southeast corner of Township 6N, Range 14E, Thence northerly along the range line to the intersection with the northerly line of said county, Thence westerly and southerly along the county line to the point of beginning. AREA 2: Remainder of Calaveras County. FRESNO COUNTY: AREA 1: Area within the line beginning at the southeast corner of Township 13S, Range 28E, Thence northerly to the northeast corner of Township 138, Range 28E, Thence westerly to the southeast corner of Township 12S, Range 27E, Thence northerly to the northeast corner of Township 12S, Range 27E, Thence westerly to the southeast corner of Township 11S, Range 26E, Thence northerly to the northeast corner of Township 11S, Range 26E, Thence westerly to the southeast corner of Township 10S, Range 25E, Thence northerlyto the northeast corner of Township 9S, Range 25E, Thence westerly to the southeast corner of Township 8S, Range 24E, Thence northerly to the northeast corner of Township 8S, Range 24E, Thence westerly along the north line of Township BS to the intersection with the Fresno County line, Thence southwesterly and northwesterly along said county line to the intersection with the southeasterly line of Merced County, Thence southwesterly along said county line to the intersection with the easterly line of San Benito County, Thence southerly along said county line to the intersection with the easterly line of Monterey County, Thence southeasterly along said county line to the intersection with the northwesterly line of Kings County, Thence northeasterly along the southeasterly line of Fresno County to the point of beginning. AREA 2: Remainder of Fresno County. MADERA COUNTY: AREA 1: Area within the line beginning at the point of intersection of Fresno County, Madera County, and Merced County, Thence southeasterly and northeasterly along the southerly http://frwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval Page 20 of 41 I I I V L I 1, 111 r 1 r I I I I line of Madera County to the intersection with the northerly line of Township 8S, Thence westerly to the southeast corner of Township 7S, Range 23E, Thence northerly to the northeast corner of Township 65, Range 23E, Thence westerly along the north line of Township 6S to the intersection of the northwesterly line of Madera County, Thence southwesterly along said county line to the point of beginning. AREA 2: Remainder of Madera County. MARIPOSA COUNTY AREA 1: AREA 1: Area within the line beginning at the point of intersection of Stanislaus County with Mariposa County, Thence southeasterly along the westerly line of Mariposa County to the intersection of Madera County, Thence northeasterly along said county line to the itersection of the southerly line of Township 5S, Thence westerly to the southeast corner of Township 55, Range 20E, Thence northerly to the northeast corner of Township 5S, Range 20E, Thence westerly to the southeast corner of Township 4S, Range 19E, Thence northerly along the range line to the intersection with the northerly line of Mariposa County, Thence westerly along said county line to the point of beginning. AREA 2 : Remainder of Mariposa County MONTEREY COUNTY: AREA 1: Area within a line beginning at the intersection of the southerly line of Township 19S with the Pacific Ocean, Thence easterly along the southerly line of Township 195 to the northwest corner of Township 20S, Range 6E, Thence southerly to the southwest corner of Township 20S, range 6E, Thence easterly to the northwest corner of Township 21S, Range 7E, Thence southerly to the southwest corner of Township 21S, Range 7E, Thence easterly to the northwest corner of Township 22S, Range 9E, Thence southerly to the southwest corner of Township 22S, Range 9E, Thence easterly to the northwest corner of Township 23S, Range 10E, Thence southerly to the southwest corner ofTownship245. Range 10E, Thence easterly along the southerly line of the southeasterly corner of Monterey County, Thence northwesterly along said county line intersection with the southerly line of Santa Thence westerly along the northerly line of to the Pacific Ocean, Thence southerly along the Pacific Ocean to Township 245 to to the point of Cruz County, Monterey County the point of ht n //frwehaate anrecc ono amr/roi_hin/aetAnr rai9rihname=Tlaxric_Rarnn,&AnriA=f'Afl')MO 2/')1 /!17 Il 1 11 11 i 1 11' 11 $ Y i 1 I f IF FOOTNOTE: Work at the Army Defense Language Institute, and the Naval Post Graduate School additional $2.00 per hour. WAIS Document Retrieval Page 21 of 41 beginning. AREA 2: Remainder of Monterey County. TUOLUMNE COUNTY: AREA 1: Area within the line beginning at the point of intersection of the easterly line of Township 2S, Range 19E, with the southerly line of Tuolumne County, Thence northerly to the northeast corner of Township 1S, Range 19E, Thence westerly to the southeast corner of Township 1N, Range 18E, Thence northerly to the northeast corner of Township 3N, Range 18E, Thence westerly to the southeast corner of Township 4N, Range 17E, Thence northerly to the northeast corner of Township 4N, Range 17E, Thence northerly to the northeast corner of Township 4N, Range 17E, Thence westerly to the southeast corner of Township 5N, Range 15E, Thence northerly to the intersection of the county line with theeasterly line of Township 5N, Range 15E, Thence southwesterly along the county line to the intersection of the northeasterly line of Stanislaus County, Thence southeasterly along said county line to the southernmost corner of Tuolumne County, Thence easterly along the county line to the point of beginning. AREA 2: Remainder of Tuolumne County. IRON0001U 07/01/2002 Rates Fringes ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: IRONWORKERS: Fence erector 25.97 15.29 Ornamental, reinforcing and structural 26.86 15.29 IRON0001V 07/01/2002 Rates Fringes MONTEREY COUNTY: IRONWORKERS: Fence erector 25.97 15.29 Ornamental, reinforcing and structural 26.86 15.29 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval Page 22 of 41 g 1 I I LAB00036A 07/01/2001 SAN FRANCISCO AND SAN MATEO BRICK TENDER COUNTIES: Rates Fringes 23.32 9.61 FOOTNOTES: Underground work such as sewers, manholes, catch basins, sewer pipes, telephone conduits, tunnels and cut trenches: $5.00 per day additional. Work in live sewage: $2.50 per day additional. LAB00036B 07/01/2001 SAN FRANCISCO AND SAN MATEO COUNTIES: PLASTERER TENDER Rates Fringes 23.32 9.69 FOOTNOTES: Work on a suspended scaffold: $5.00 per day additional. Work operating a plaster mixer pump gun: $1.00 per hour additional. T,AR00067B 12/01/2001 ALAMEDA, CALAVERAS, CONTRA MARIPOSA, MERCED, MONTEREY, SAN FRANCISCO, SAN JOAQUIN, COUNTIES: ASBESTOS REMOVAL LABORER Rates Fringes COSTA, FRESNO, KINGS, MADERA, SAN BENITO, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE 10.30 2.11 SCOPE OF WORK: Covers site mobilization; initial site clean-up; site preparation; removal of asbestos -containing materials from walls and ceilings; or from pipes, boilers and mechanical systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos -containing materials by hand or with equipment or machinery; scaffolding; fabrication of temporary wooden barriers; and assembly of decontamination stations. LAB00067H 06/24/2002 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATED AND SANTA CLARA COUNTIES: LABORERS: Construction specialist group Group 1 Group 1-a GROUP 1-b: see note below GROUP 1-c GROUP 1-d: see note below GROUP 1-e 23.19 GROUP 1-f 21.22 GROUP 1-g (Contra Costa County) 21.36 GROUP 2 .21.49 23.34 22.64 22.86 9.08 9.08 9.08 22.69 9.08 9.08 9.08 8.08 9.08 1 http://frwebgate.access.gpo.gov/cgi-bin/getdoc. cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval Page 23 of 41 I I a I 1 I l 1 1 I I I 1 I I 1 GROUP 3 GROUP 4 21.39 9.08 15.08 9.08 See groups 1-b and 1-d under laborer classifications. GUNITE LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 WRECKING WORK: GROUP 1 GROUP 2 GROUP 3 23.60 23.10 22.51 22.39 22.64 22.49 16.08 GARDENERS, HORTICULTURAL AND LANDSCAPE LABORERS: New construction 22.39 Establishment warranty period 16.08 9.08 9.08 9.08 9.08 9.08 9.08 9.08 9.08 9.08 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SANTA CRUZ, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: LABORERS: Construction specialist group Group 1 Group 1-a GROUP 1-b: see note below GROUP 1-c GROUP 1-d: see note below GROUP 1-e GROUP 1-f GROUP 2 GROUP 3 GROUP 4 22.34 21.64 21.86 8.13 8.13 8.13 21.69 8.13 22.19 21.22 21.49 21.39 15.08 See groups 1-b and 1-d under laborer classifications. GUNITE LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 WRECKING WORK: GROUP 1 GROUP 2 GROUP 3 23.60 23.10 22.51 22.39 22.64 22.49 16.08 GARDENERS, HORTICULTURAL AND LANDSCAPE LABORERS: New construction 21.39 Establishment warranty period 15:08 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 8.13 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate.. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. http://frwebgate.access.gpo.gov/egi-bin/getdoo.egi?dbname=Davis-Bacon&docid=CA020029 R/21/02 I I I I I l I 1 1 I I I. I I WAIS Document Retrieval Page 24 of 41 LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Masonry and plasterer tender; Cast -in -place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast -manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner -Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. "Sewer cleaner" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I I 1 1 I I 1 I I 1 1 r 1 1 I 1 WA1S Document Retrieval Page 25 of 41 GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke -setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: All clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification "material cleaner" is to be utilized underthe following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of "form stripping, cleaning 1 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval and oiling and moving to the next point of erection". GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural nozzle operator II GROUP 2: Nozzle operator (including gun, pot); Ground person GROUP 3: Rebound GROUP.4: Gunite laborer ,, WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, I/ GROUP and materials) GROUP 2: Semi -skilled wrecker (salvaging of other building materials) GROUP 3: General laborer (includes all clean-up work, loading 11 lumber, loading and burning of debris) ,I LAB00067N 06/30/2002 Rates Fringes TUNNEL AND SHAFT LABORERS: II GROUP 1 27.00 9.08 GROUP 2 26.77 9.08 GROUP 3 26.52 9.08 GROUP 4 26.25 9.08 1/ GROUP 5 26.07 9.08 GROUP 6 25.53 9.08 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Ground person; Gunite and shotcrete nozzle operator GROUP 2: Rod person; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powder person - heading; Cherry picker operator - where car is lifted; Concrete finisher in tunnel; Concrete screed person; Grout pump operator and pot person; Gunite & shotcrete gun person & pot person; Header person; High pressure nozzle operator; Miner - tunnel, including top and bottom person on shaft and raise work; Nipper; Nozzle operator on slick line; Sandblaster - pot person GROUP 4: Steel form raiser and setter; Timber person, retimber person (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powder person - primer house GROUP 5: Vibrator operator, pavement breaker; Bull gang - muckers, track person; Concrete crew - includes rodding and spreading GROUP 6: Dump person (any method); Grout crew; Rebound person; Swamper LAB00073C 07/01/2001 Rates Fringes CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Page 26 of 41 I http://frwebgate.access.gpo.gov/egi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8191 /m i R I 1 I 1 I I I I f I I I S I I WAIS Document Retrieval BRICK TENDER 23.34 5.36 LAB00073E 01/01/2001 Rates Fringes CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND -TUOLUMNE COUNTIES: PLASTERER TENDER 21.10 8.25 LAB00166A 07/01/1999 Rates Fringes ALAMEDA.AND CONTRA COSTA COUNTIES: BRICK TENDER 20.90 10.26 FOOTNOTES: Work on jobs where heat -protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. TAA00166B 07/01/1999 ALAMEDA-AND CONTRA COSTA COUNTIES: PLASTERER TENDERS: Plasterer tender Gun operator Rates Fringes 23.25 10.16 24.00 10.16 LAB00185A 07/01/2001 MONTEREY AND SAN BENITO COUNTIES: BRICK TENDER Rates 23.24 Fringes 5.36 LAB00270A 07/01/2001 SANTA CLARA COUNTY: BRICK TENDER Rates Fringes 24.05 6.15 FOOTNOTE: $2.00 per hour for refactory work where heat -protective clothing is required. ANTA CRUZ COUNTY: BRICK TENDER 23.05 6.15 LAB00270E 07/01/2000 Rates Fringes SAN BENITO, SANTA CLARA AND SANTA CRUZ COUNTIES: Page 27 of 41 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I I I I I I I I I I I I 1 1 I WAIS Document Retrieval Page 28 of 41 All wood framed buildings four (4) stories or less and excludes steel structures, structures with metal studs PLASTER TENDER 22.68 6.85 All wood framed buildings five (5) stories or more includes all steel structures and all structures with metal studs PLASTER TENDER 24.60 6.75 LAB00294A 07/01/2001 FRESNO, KINGS AND MADERA COUNTIES: BRICK TENDER Rates Fringes 23.64 5.36 LAB00297A 09/01/1998 MONTEREY AND SAN BENITO COUNTIES: PLASTERER TENDER Rates Fringes 15.95 FOOTNOTE: Mixer person: $4.00 per day additional. PAIN0012A 07/01/2001 Rates Fringes ALAMEDA, CONTRA COSTA, MERCED, MARIPOSA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ. COUNTIES: SOFT FLOOR LAYER 30.00 11.25 * PAIN0016A 07/01/2002 ALAMEDA AND CONTRA COSTA: Rates Fringes PAINTERS: Work on industrial buildings (used for the manufacture and processing of goods for sale or service); Also, steel construction (bridges), stacks, towers, tanks and similar structures): Brush and Roller 30.27 9.95 Working over 50 feet 32.27 9.95 100 to 180 feet 34.27 9.95 over 180 feet 36.27 9.95 Spray and Sandblast 31.02 9.95 Working over 50 feet 32.02 9.95 100 to 180 feet 35.02 9.95 over 180 feet 36.02 9.95 Application of Exotic http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I I I I w I I I I I I I r WAIS Document Retrieval Page 29 of 41 materials 31.02 9.95 Working over 50 feet 33.02 9.95 100 to 180 feet 35.02 9.95 over 180 feet 37.02 9.92 All Other Work: Brush and Roller 30.02 9.95 Working over 50 feet 32.02 9.95 100 to 180 feet 34.02 9.95 over 180 feet 36.02 9.95 Application of Exotic materials 30.77 9.95 Working over 50 feet 32.77 9.95 100 to 180 feet 34.77 9.95 over 180 feet 36.77 9.95 * PAIN0016C 08/01/2002 Rates Fringes CALAVERAS, MARIPOSA, MERCED, MONTEREY, SAN BENITO SAN JOAQUIN, SANTA CRUZ, STANISLAUS, TUOLUMNE COUNTIES: DRYWALL FINISHER/TAPER 30.28 8.78 ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: DRYWALL FINISHER/TAPER 33.43 10.88 PAIN0016H 07/01/2001 FRESNO, KINGS AND MADERA COUNTIES: DRYWALL TAPER PAINTER Rates Fringes 21.83 20.58 5.98 5.98 FOOTNOTES: Paperhangers, and work over 30 feet (does not include work from a lift): $0.50 per hour additional. Spray painters and sandblasters: $0.75 per hour additional. Lead paint abaters: $0.75 per hour additional. PAIN0016K 01/01/1999 FRESNO, KINGS, MADERA AND COUNTIES: SOFT FLOOR LAYER Rates Fringes 18.63 4.09 PAIN0016N 07/01/2001 Rates Fringes MONTEREY, SAN BENITO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: PAINTER: 28.55 8.62 PAIN0016Q 03/01/1999 Rates Fringes http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I 1. I I I I I 11 PAIN0169A 07/01/2001 Rates FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES: GLAZIER 24.75 8.52 1/ I 1 11 I I/ WAIS Document Retrieval CALAVERAS AND SAN.JOAQUIN COUNTIES: PAINTERS: Brush Sandblaster; Waterblaster; Steam cleaning Work with coal tar and exotic materials 18.05 19.05 19.80 7.23 7.23 7.23 PAIN0016S 11/01/2001 Rates Fringes MARIPOSA, MERCED, STANISLAUS, AND TOULUMNE COUNTIES: PAINTER: Brush 20.41 7.82 Paperhanger; Spray & Sandblast 21.41 7.82 Hazardous coating, application and removal 22.16 7.82 PAIN0016Y 07/01/2001 SAN FRANCISCO COUNTY: PAINTER Rates 29.56 Fringes 8:20 Fringes PAIN0169E 07/01/2000 Rates Fringes ALAMEDA AND CONTRA COSTA COUNTIES: GLAZIER 29.35 9.91 CA020029 - 1 PAIN0169I 07/01/2000 ALAMEDA AND CONTRA COSTA: SHOWER DOOR INSTALLER Rates Fringes 23.57 4.60 PAID HOLIDAYS: New Year's Day, President's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. PAIN0718B 07/01/2001 Rates Fringes SAN FRANCISCO AND SAN MATEO COUNTIES: Page 30 of 41 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 i I 1 1 f I I I I I I I I I I I WAITS Document Retrieval Page 31 of 41 GLAZIER 29.37 11.09 PAIN0767A 07/01/2001 Rates Fringes CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: GLAZIER 27.93 - 8.41 PAID HOLIDAYS: New Year's Day, Washington's Birthday, Memorial Day, Fourth July, Labor Day, Thanksgiving Day, Day after Thanksgiving Day, and Christmas Day. FOOTNOTE: Work thirty (30) feet or over free fall: $0.60 per hour additional. PAIN1176A 06/26/2000 PARKING LOT STRIPING/HIGHWAY MARKING: GROUP 1 GROUP 2 GROUP 3 GROUP 4 Rates Fringes 22.84 22.45 19.51 22.15 6.91 6.91 6.91 6.91 Service Person (maintenance and repair of equipment) 13.33 5.87 Parking Lot, Game Court and Playground Installer 19.51 6.91 PARKING LOT STRIPING / HIGHWAY MARKING CLASSIFICATIONS GROUP 1: STRIPER: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape traffic stripes and markings GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices; includes all related surface preparation (sandblasting, waterblasting, grinding) as part of the application process GROUP 3: TRAFFIC SURFACE ABRASIVE BLASTER: Removalof traffic lines and markings; preparation of surface for coatings and traffic control devices GROUP 4: TRAFFIC PROTECTIVE DELINEATING SYSTEMS INSTALLER: Removes, relocates, installs permanently affixed roadside and parking delineation barricades, fencing, guard rail, cable anchor, retaining walls, reference signs, and monument markers PAIN1237C 06/01/2001 Rates Fringes CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE COUNTIES: SOFT FLOOR LAYER 25.00 7.17 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgiMbname=Davis-Bacon&docid=CA020029 8/21/02 1 1 I 1 I I I I I 1 I I I I 1 I i I WAIS Document Retrieval Page 32 of 41 PAIN1621A 07/01/2001 Rates Fringes MONTEREY, SAN BENITO, SANTA CLARA AND SANTA CRUZ COUNTIES: GLAZIER 30.87 9.59 PLAS0001D 07/01/2001 CEMENT MASON. Rates 27.18 Fringes 7.58 PLAS0066B 07/01/2001 Rates Fringes ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES: PLASTERER 28.76 11.40 PLAS0300A 07/01/2002 FRESNO, KINGS AND MADERA COUNTIES: PLASTERER SAN BENITO, SANTA CLARA AND SANTA CRUZ COUNTIES: PLASTERER CALAVERAS AND SAN JOAQUIN COUNTIES: PLASTERER MONTEREY COUNTY: PLASTERER Rates Fringes 23.53 8.95 28.67 8.98 26.34 9.48 25.06 9.48 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES: PLASTERER 26.35 9.48 PLUM0036A 01/01/2002 Rates Fringes CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: PLUMBER & STEAMFITTER 28.79 10.94 FRENSO, KINGS AND MADERA COUNTIES: PLUMBER & STEAMFITTER 28.29 10.94 PLUM0036E 01/01/2000 FRESNO COUNTY: BUILDING CONSTRUCTION ONLY PIPE TRADESMAN Rates Fringes 11.50 4.70 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 1 1 I I I I I 1 I I f • 1 I I 1 WAIS Document Retrieval Page 33 of 41 SCOPE OF WORK Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping for culverts in connection with storm sewers and drains; Grouting, dry packing and diapering of joints, holes or chases including paving over joints, in piping; Temporary piping for dirt work for building site preparation; Operating jack hammers, pavement breakers, chipping guns, concrete saws and spades to cut holes, chases and channels for piping systems; Digging, grading, backfilling and ground preparation for all types of pipe to all points of the jobsite; Ground preparation including ground leveling, layout and planting of shrubbery, trees and ground cover, including watering, mowing, edging, pruning and fertilizing, the breaking of concrete, digging, backfilling and tamping for the preparation and completion of all work in connection with lawn sprinkler and landscaping; Loading, unloading and distributing materials at jobsite; Putting away materials in storage bins in jobsite secure storage area; Demolition of piping and fixtures for remodeling and additions; Setting up and tearing down work benches, ladders and job shacks; Clean-up and sweeping of jobsite; Pipe wrapping and waterproofing where tar or similar material is applied for protection of buried piping; Flag person PLUM0036I 01/01/2000 MERCED COUNTY: PIPE TRADES PERSON: Building construction only Rates Fringes 11.50 4.70 SCOPE OF WORK: Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping forculverts in connection with storm sewers and drains; Grouting, dry packing and diapering of joints, holes or chases including paving over joints, in piping; Temporary piping for dirt work for building site preparation; Operating jack hammers, pavement breakers, chipping guns, concrete saws and spades to cut holes, chases and channels for piping systems; Digging, grading, backfilling and ground preparation for all types of pipe to all points of the jobsite; Ground preparation including ground leveling, layout and planting of shrubbery, trees and ground cover, including watering, mowing, edging, pruning and fertilizing, the breaking of concrete, digging, backfilling and tamping for the preparation and completion of all work in connection with lawn sprinkler and landscaping; Loading, unloading and distributing materials at jobsite; Putting away materials in storage bins in jobsite secure storage area; Demolition of piping and fixtures for remodeling and additions; Setting up and tearing down work benches, ladders and job shacks; Clean-up and sweeping of jobsite; Pipe wrapping and waterproofing where tar or similar material is applied for protection of buried piping; Flag person PLUM0036U 01/01/2002 Rates Fringes MONTEREY AND SANTA CRUZ COUNTIES: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid A020029 8/21/02 1 I I 1 i I r I 1 t I I 1 I 11 WAIS Document Retrieval Page 34 of 41 PLUMBER & STEAMFITTER 30.54 10.94 PLUM0038A 07/01/2000 SAN FRANCISCO COUNTY: PLUMBERS: Work on wooden frame structures 5 stories or less excluding high-rise buildings and commercial work such as hospitals, prisons, hotels and schools All other work LANDSCAPE/IRRIGATION FITTER Rates Fringes 28.50 17.35 39.00 21:55 27.32 10.15 PLUM0159A 07/01/2002 CONTRA COSTA COUNTY: Construction of motels under 4 stories PLUMBERS & STEAMFITTERS All other work PLUMBERS & STEAMFITTERS Rates Fringes 27.41 9.64 35.21 14.34 PLUM0342A 07/01/2001 ALAMEDA COUNTY PLUMBERS, PIPEFITTERS AND STEAMFITTER Rates Fringes 35.76 13.44 PLUM0355D 07/01/2002 Rates Fringes ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES: LANDSCAPE FITTER; UNDERGROUND UTILITY WORKER 23.90 4.90 PLUM0393A 07/01/2001 SAN BENITO AND SANTA CLARA COUNTIES: PLUMBER & PIPEFITTER: Work on motels and hotels which do not exceed 4 stories in height, excluding garages and parking areas Rates Fringes 20.64 5.30 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 1 1 I I 1 1 I I 1 I I 1 I I I r r WAIS Document Retrieval Page 35 of 41 All other work 41.80 10.78 PLUM0467A 07/01/2002 SAN MATEO COUNTY: PLUMBER, PIPEFITTER, & STEAMFITTER REFRIGERATION & AIR CONDITIONING ALL OTHER WORK Rates Fringes 40.65 12.12 39.40 11.81 ROOF0027C 07/01/2002 FRESNO, KINGS, AND MADERA COUNTIES: ROOFER 21.60 FOOTNOTE: Work with pitch, pitch base of pitch impregnated products or any material containing coal tar pitch, on any building old or new, where both asphalt and pitchers are used in the application of a built-up roof or tear off: $2.00 per hour additional. Rates Fringes 7.15 ROOF0040B 08/01/2001 SAN FRANCISCO & SAN MATEO COUNTIES: ROOFER Rates 22.87 Fringes 11.27 ROOF0081A 08/01/2000 Rates Fringes ALAMEDA AND CONTRA COSTA COUNTIES: ROOFER 22.80 9.85 ROOF0081E 08/01/2001 Rates Fringes CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: ROOFER 19.8 6.15 ROOF0095B 08/01/1996 Rates Fringes MONTEREY, -SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES: ROOFERS: Kettle person (2 kettles); Bitumastic, enameler, coal tar, pitch and mastic worker All other work 26.07 24.07 6.75 6.75 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 I I I I 1 I I I 1 I 3. r I 1 I WAIS Document Retrieval Page 36 of 41 SFCA0483A 08/01/2001 Rates Fringes ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: SPRINKLER FITTER (FIRE) 36.59 11.20 SFCA0669K 04/01/2002 Rates Fringes CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: SPRINKLER FITTER (FIRE) 29.35 6.05 SHEE0104A 07/01/2002 ALAMEDA AND CONTRA COSTA COUNTIES: Work on projects with an HVAC contract price of $270,000 equipped with packaged units or a unitary system; Also, tenant completion work extending from an existing trunk line or an existing water or air loop to registers and/or diffusers; Also, remodel or add-on contracts on existing facilities providing the contract price is $165,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also, pre-engineered and pre -manufactured siding SHEET METAL WORKER ALL OTHER WORK: SHEET METAL WORKER Rates Fringes 31.71 13.47 37.40 13.47 SHEE0104B 07/01/2002 MONTEREY AND SAN BENITO COUNTIES: SHEET METAL WORKER Rates Fringes 31.41 10.19 SHEE0104D 07/01/2002 Rates Fringes SAN MATEO COUNTY: Work with an HVAC contract price of $270,000 equipped with packaged units or a unitary system; Also, tenant completion work extending from ,.,,,._oo ,.„„ nn,,/rn;-h;n/ortdnr. na;7dhname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval Page 37 of 41 1 1 1 I I 1 I I I an existing trunk line or air loop to registers and/or diffusers; Also, remodel or add-on contracts on existing facilities providing the contract price is $165,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also, pre-engineered and pre -manufactured siding SHEET METAL WORKER ALL OTHER WORK SHEET METAL WORKER 35.10 11.13 38.55 12.12 SHEE0104E 07/01/2002 SAN FRANCISCO COUNTY: Work with an HVAC contract price of $80,000 or less; Also, tenant completion work providing the contract price is $80,000 or less; Also, remodel or add-on contracts on existing facilities providing the contract price is $50,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also, pre-engineered and pre -manufactured siding SHEET METAL. WORKER ALL OTHER WORK: SHEET METAL WORKER Rates Fringes 37.09 11.87 37.86 13.00 SHEE0104G 07/01/2002 SANTA CRUZ COUNTY: SHEET METAL WORKER Rates 32.95 Fringes 9.91 SHEE0104H 07/01/2002 Rates Fringes SANTA CLARA COUNTY: Work with an HVAC contract price of $270,000 equipped with packaged units or a unitary system; Also, tenant completion work extending from an existing trunk line or air loop to registers and/or diffusers; Also, remodel or add-on contracts on existing facilities providing the contract price is http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 1 WAIS Document Retrieval Page 38 of 41 I I I 1 I I I 1 I $165,000 or less; Also, architectural sheet metal contracts of $100,000 or less; Also pre-engineered and pre -manufactured siding SHEETMETAL WORKER ALL OTHER WORK SHEET METAL WORKER 36.54 10.77 38.75 12.61 SHEE01040 07/01/2002 Rates Fringes ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: Metal decking and siding only: SHEETMETAL WORKER 28.17 13.59 SHEE0162A 07/01/2002 CALAVERAS AND SAN JOAQUIN COUNTIES: SHEET METAL WORKER Rates Fringes 26.97 10.63 SHEE0162C 07/01/2002 Rates Fringes MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES: SHEET METAL WORKER (excluding metal deck and siding) 28.18 11.93 SHEE0162D 06/01/2001 FRESNO, KINGS, AND MADERA COUNTIES: SHEET METAL WORKER Rates Fringes 27.57 12.21 SHEE0162M 07/01/1999 Rates Fringes CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Metal decking and siding only: SHEET METAL WORKER 29.42 9.52 TEAM0094A 07/01/2002 TRUCK DRIVERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 Rates Fringes 23.02 23.32 23.62 23.97 24.32 12.55 12.55 12.55 12.55 12.55 1 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 1 WAIS Document Retrieval Page 39 of 41 1 I a 1 FOOTNOTES: Articulated dump truck; Bulk cement spreader (with or without auger); Dumperete truck; Skid truck (debris box); Dry pre -batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck yardage rate. Heater planer; Asphalt burner; Scarifier burner; Industrial lift truck (mechanical tailgate); Utility and clean-up truck: Use appropriate rate for the power unit or the equipment utilized. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2 - axle unit); Nipper truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump machine; Fork lift and lift jitneys; Fuel and/or grease truck driver or fuel person; Snow buggy; Steam cleaning; Bus or personhaul driver; Escort or pilot car driver; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including loading and unloading); Team driver; Tool room attendant (refineries) GROUP 2: Dump trucks, 6 yds. and. under 8 yds.; Transit mixers, through 10 yds.; Water trucks, under 7,000 gals.; Jetting trucks, under 7,000 gals.; Vacuum trucks, under 7,500 gals.; Single -unit flat rack (3 -axle unit); Highbed heavy duty transport; Scissor truck; Rubber -tired muck car (not self -loaded); Rubber -tired truck jumbo; Winch truck and "A" frame drivers; Combination winch truck with hoist; Road oil truck or bootperson; Buggymobile; Ross, Hyster and similar straddle carriers; Small rubber -tired tractor GROUP 3: Dump trucks, 8 yds. and including 35 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000 gals. and over; Jetting trucks, 7,000 gals. and over; Vacuum trucks, 7,500 gals. and over; Trucks towing tilt bed or flat bed pull trailers; Lowbed heavy duty transport; Heavy duty transport tiller person; Self- propelled street sweeper with self-contained refuse bin; Boom truck - hydro -lift or Swedish type extension or retracting crane; P.B. or similar type self -loading truck; Tire repairperson; Truck repairperson; Combination bootperson and road oiler; Dry distribution truck (A bootperson when employed on such equipment, shall receive the rate specified for the classification of road oil trucks or bootperson); Ammonia nitrate distributor, driver and mixer; Snow Go and/or plow GROUP 4: Dump trucks, over 35 yds. and under 65 yds.; Water pulls - DW.10's, 20's, 21's and other similar equipment when pulling Aqua/pak or water tank trailers; Helicopter pilots (when transporting men and materials); DW10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when pulling fuel and/or grease tank trailers or other miscellaneous trailers GROUP 5: Dump trucks, 65 yds. and over; Holland hauler I http://frwebgate.access.gpo.gov/egi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 WAIS Document Retrieval Page 40 of 41 1 I 1 i 1 I I I I 1 WELDERS - Receive rate prescribed for'craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour. Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of. Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. i http://frwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=CA020029 8/21/02 1 1 1 1 1 1 1 1 1 1 1 I 1 1 i i 1 WAIS Document Retrieval Page 41 of 41 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA020029 8/21/02 1 1 I 1 1 1 1 1 I 1 I I I APPENDIX V DIVERSION SUMMARY FORM (FINAL REPORT) Complete this form and attach all weight tickets and other documentation for recycling and disposal before final inspection in order to demonstrate recycling compliance. Project Title Prepared by (Print) Date Phone List all recycling faci sties, transfer stations and landfills that received materials: Facility Reference Name of Facilities that Received Your Disposed Materials: A B C D E F Summarize disposal below. Attach weight tickets organized by material category. Materials Disposed Quantity Generated (Tons when available) Facility Used (A, B, C, etc.) Tons (Yards) Recycled Percent (%) Recycled Tons Yards Mixed Materials Mixed Debris Mixed Debris Separated Materials Asphalt Brick Concrete Dirt/Clean Fill Lumber/Wood Roofing Material Scrap Metals Trees/brush/plants/etc. Other Materials (List) Total ❑ Yes 0 No A Salvage Inventory Sheet summarizing reuse is attached. Submit with documentation to Recycling Specialist via fax at 650-522-7301. For questions please email pwrecvcle@ci.sanmateo.ca.us or call 650-522-7346. I A-9 8/22/02 1 1 1 i 1 1 I 1 1 1 To: APPENDIX VI SAMPLE NOTICE LETTER (Copy onto Company Letterhead) NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY Address to Labor Organization and/or Worker Representatives (collective bargaining etc.) Pursuant to the Standard Specifications of the City of San Mateo and in consideration of performing work or supplying materials for the Project public works project of the City of San Mateo, you are hereby notified that all employee referrals are to be made without regard to race, color, religion, sex, disability, or national origin and that employment will be made without regard thereto. Further, as a contractor or supplier on a public works project of the City of San Mateo, to the extent feasible opportunities for training and employment will be given to lower income residents of the project area and contracts for work in connection with the project where feasible will be awarded to business concerns located in or owned in substantial part by persons residing in the project area. Contractor Street Address City Zip Signature Title Date A-10 8/22/02