forex trading logo

Home
Public Documents


Publicly Available Salary Schedule 2019 PDF Print E-mail
Public Documents
HILTON CREEK COMMUNITY SERVICES DISTRICT    
PUBLICLY AVAILABLE SALARY SCHEDULE      
EFFECTIVE 10/1/19      
       
POSITION SCHEDULE ANNUAL SALARY HOURLY RATE
GENERAL MANAGER FULL-TIME $       101,270.33  
SECRETARY/FINANCE OFFICER PART-TIME $         35,421.70  
TREATMENT PLANT ASSISTANT OPERATOR ON CALL   $         150.00
BOARD OF DIRECTORS (5 BOARD MEMBERS) MONTHLY $           1,200.00  
 
Juniper Dr Slurry Project Bid Tabulation PDF Print E-mail
Public Documents
Juniper Drive and Pinon Drive Asphalt Maintenance Project Project No. 2019-1
Contractor Submtted by 3:00 PM September 13, 2019 Apparent Low Bidder Notes Price  
Pavement Coatings r r   $242,217.80  
Spiess Construction r r   $178,795.40  
  r r      
  r r      
  r r      
  r r      
 
NOIA - Juniper Dr Slurry Project PDF Print E-mail
Public Documents

HILTON CREEK COMMUNITY SERVICES DISTRICT

3222 CROWLEY LAKE DRIVE

CROWLEY LAKE, CA 93546

(760) 934-6299

September 16, 2019

NOTICE OF INTENT TO AWARD:

JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE

Project

Dear Bidders and Interested Parties:

Hilton Creek Community Services District has concluded its evaluation of bid proposals received in response to the Invitation for Bid for the Juniper Drive and Pinon Drive Asphalt Maintenance Project (“Project”) and, subject to successful negotiations, hereby provides notice of its intent to award a contract at a special meeting of its Board of Directors on September 20, 2019 to:

SPEISS CONSTRUCTION CO. INC.

This Notice of Intent to Award shall not be considered a binding commitment by Hilton Creek Community Services District. Pursuant to the Invitation for Bids documents, this Notice of Intent to Award will remain posted for five (5) business days through September 20, 2019 and no contract award will be made during this period. Any protest concerning this proposed award must be received, as described herein, before 4:30 pm on Friday, September 20, 2019. Protests may be submitted as follows: (1) via U.S. Mail or other service to the Secretary of the Board of Hilton Creek Community Services District, 3222 Crowley Lake Dr., Crowley Lake, CA 93546; (2) via facsimile (fax) to (760) 923-8473; or (3) via electronic mail (email) to This e-mail address is being protected from spambots. You need JavaScript enabled to view it Attached for your reference is the bid tabulation summarizing the bid results for the Project.

Please contact Patrick Allen, General Manager at (760) 935-4500 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any questions regarding this matter.

Sincerely,

                                                                                   

Patrick Allen

General Manager

Hilton Creek Community Services District

Encl: Bid Tabulation

 
NOTICE TO BIDDERS PDF Print E-mail
Public Documents

To receive a pdf of the Juniper Drive Slurry Seal Bid Package, please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The bid package uploaded to this site was not successful.

Thank you

 
Juniper Dr Slurry Seal - Bid Package PDF Print E-mail
Public Documents

PROJECT MANUAL FOR JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT Project No. 2019-1 CROWLEY LAKE, CALIFORNIA
 
 
 
Invitation for Bids Instructions to Bidders  Proposal Forms  Sample Standard Agreement  Technical Specifications & Construction Quality Assurance Program  Project Plans
 
CONTRACTING AGENCY: HILTON CREEK COMMUNITY SERVICES DISTRICT
3222 Crowley Lake Drive Crowley Lake, California 93546 760.935.4500
 
August 2019
 
 
 
 
 
 
 
OPTIONAL PRE-BID CONFERENCE: 11:00 am, Tuesday September 10, 2019 CCSD Plant 3222 Crowley Lake Drive Crowley Lake, California 93546
BID SUBMITTAL DEADLINE: 3:00 pm, Friday September 13, 2019 HCCSD Plant 3222 Crowley Lake Drive Crowley Lake, California 93546

 
Juniper Drive and Pinon Drive Asphalt Maintenance Project
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
This page intentionally left blank
 

 
Juniper Drive and Pinon Drive Asphalt Maintenance Project
CERTIFICATION PAGE
Hilton Creek Community Services District
 
Juniper Drive and Pinon Drive  Asphalt Maintenance Project Project No. 2019-1
 
 
These contract documents, plans, specifications and special provisions contained herein have been prepared by, or under the direction of, the following registered civil engineer:
 
 
 
 
 APPROVED BY:
 
 
 
     (Signature)   
 
 
August 30, 2019    Date
 
 
Garrett Ralph Higerd C70926, Expiration: 06/30/2021 50 Skyline Way Crowley Lake, California 93546
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
Juniper Drive and Pinon Drive Asphalt Maintenance Project
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
This page intentionally left blank
 

 
Juniper Drive and Pinon Drive Asphalt Maintenance Project
TABLE OF CONTENTS Juniper Drive and Pinon Drive  Asphalt Maintenance Project Project No. 2019-1
 
 
 
 
SECTION I INVITATION FOR BIDS  ............................................................................................IB-1 INSTRUCTIONS TO BIDDERS  ................................................................................IB-3  
 
PROPOSAL FORMS PROPOSAL  .................................................................................................BD-1 BID SCHEDULE  .........................................................................................BD-3 ACKNOWLEDGEMENTS  ............................................................................BD-4 LIST OF SUBCONTRACTORS.....................................................................BD-5  DISCLOSURES AND CERTIFICATIONS  ...................................................BD-7 BIDDER’S QUALIFICATION STATEMENT  ..............................................BD-11 BID BOND .................................................................................................BD-17
 
 
 
SECTION II SAMPLE STANDARD AGREEMENT  ..................................................................... SA-1 ATTACHMENT A  …………………………………………………………………….……SA-9 ATTACHMENT B  …………………………………………………………………….….SA-11 EXHIBIT 1 GENERAL CONDITIONS .....................................................................SA-13 EXHIBIT 2 PREVAILING WAGES ..........................................................................SA-33 EXHIBIT 3 BOND REQUIREMENTS .....................................................................SA-41 EXHIBIT 4 INVOICING, PAYMENT, AND RETENTION ........................................SA-49
 
 
SECTION III TECHNICAL SPECIFICATIONS  .............................................................................TS-1 CONSTRUCTION QUALITY ASSURANCE PROGRAM  ........................................QA-1
 
 
SECTION IV  PROJECT PLANS  ………………………………………………………………………......T1
 
 

 
Juniper Drive and Pinon Drive Asphalt Maintenance Project
 
 
 
 
 
 
 
 
 
 
 
 
This page intentionally left blank

 
SECTION I
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
INVITATION FOR BIDS
Juniper Drive and Pinon Drive Asphalt Project
Project No. 2019-1

 
 
 
 
 
 
 
 
 
 
This page intentionally left blank
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page IB-1
 
 
HILTON CREEK COMMUNITY SERVICES DISTRICT INVITATION FOR BIDS JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT Project No. 2019-1
 
Notice is hereby given that the Hilton Creek Community Services District (“District”) calls for bids from qualified General Engineering and Asphalt Paving contractors for the JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT (“Project”). The purpose of this Project is to preserve, protect and maintain existing asphalt concrete roads in the Juniper Drive Zone of Benefit. Approximately 1 mile of existing roads in the community of Crowley Lake will be slurry sealed. Cracks greater than ½” will be sealed and areas of failed asphalt concrete will be removed and replaced with hot mix asphalt (HMA) prior to slurry sealing. A sub-drain will be installed, and shoulder backing will be repaired in sections.  Two existing STOP signs and pavement markings will be replaced.   
 
No contractor or subcontractor may be listed in a bid proposal or awarded a contract for this project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (unless one of the limited time extensions set forth in Labor Code section 1771.1 applies, in which case registration must be completed by the time of contract award). This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
 
The Project Manual and Project Plans provide, in detail, the requirements for the Project. The Project Manual, Project Plans, and related Project documents are available on the Hilton Creek Community Services District website at www.hiltoncreekcsd.com. If you would like to be added to the plan-holder list and receive email notices when addenda are posted, or have any questions related to this bid, contact the General Manager at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 760.935.4500.  
 
Each bid shall be made on the proposal forms contained in the Project Manual and must be accompanied by bid security in the amount of not less than 10 percent (10%) of the total bid.
 
In accordance with Public Contract Code section 22038, the County has the option, after receiving and tabulating bids, to reject all bids and perform the work by force account if the Board of Supervisors determines, by a four-fifths vote, that the work can be performed more economically by its own employees.
 
The Project and all work must be completed within 30 working days from the date of issuance of the Notice to Proceed.
 
An optional pre-bid conference and site visit will be held at the District’s Plant, 3222 Crowley Lake Drive, Crowley Lake, California 93546. The meeting is scheduled for 11:00 am Tuesday September 10, 2019. Should the Department of Public Works determine there is a need to reschedule the pre-bid conference based on severe weather and/or road conditions, all planholders will be notified in advance.
 
Bids may be mailed or hand delivered to the General Manager at 3222 Crowley Lake Drive, Crowley Lake, California 93546. In either event, to be considered, bids must be received by the Secretary of the District no later than 3:00 pm Friday September 13, 2019 (“Bid Submission Deadline”).
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page IB-2
 
 
 
As soon thereafter as is practicable, all bids received by the General Manager as of the Bid Submission Deadline will be publicly opened, read aloud, and recorded. All interested parties are invited to attend.
 
 
 
       ____________________________                  Patrick Allen        General Manager        Hilton Creek Community Services District
 
 
 
 
 
 
 
 
 
Instructions to Bidders Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page IB-3
 
 
HILTON CREEK COMMUNITY SERVICES DISTRICT INSTRUCTIONS TO BIDDERS JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT  Project No. 2019-1
 
1. SECURING BID DOCUMENTS
The Project Manual, which includes the Invitation for Bids, Instructions to Bidders, Proposal Forms, Sample Standard Agreement, Technical Specifications, Construction Quality Assurance Program, and Project Plans provide in detail the requirements for the Project. The Project Manual is available for download from the HCCSD website at: www.hiltoncreekcsd.com  If you would like to be added to the plan-holder list and receive email notices when addenda are posted, or have any questions related to this bid, contact the General Manager at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 760.935.4500.
 
2. PRE-BID CONFERENCE An optional pre-bid conference and site visit will be held at the HCCSD Plant, 3222 Crowley Lake Drive, Crowley Lake, California 93546. The meeting is scheduled for 11:00 am, Tuesday, September 10, 2019. Should HCCSD determine there is a need to reschedule the pre-bid conference based on severe weather and/or road conditions, all plan-holders will be notified in advance.
 
3. INTERPRETATION OF PROJECT PLANS AND SPECIFICATIONS
A. For information not provided in the Project Manual, bidders shall refer to the Standard Plans or Standard Specifications.
B. Should bidders find discrepancies in, ambiguities, or omissions from, the Project Manual, or should there be any doubt as to their meaning, they shall at once notify the General Manager and, should it be found necessary, a written addendum or bulletin of instructions will be sent to all plan-holders and posted on the HCCSD website. Failure to raise any such concerns prior to the submission of a bid will be deemed to waive such issues following the award of a contract.  In the event that written addenda or bulletins of instructions are issued, all bidders will be required to acknowledge that they have reviewed and considered such addenda or bulletins in formulating their bids.   
C. No employee, agent, or representative of the District, or anyone else, is authorized to give oral instructions, interpretations, or explanations of the Project Manual, and a submission of a bid constitutes agreement by a bidder that its representative has placed no reliance on any such oral explanation or interpretation. Oral instructions may, however, be given by the District or its agent upon inquiry by a bidder to direct the bidder’s attention to the specific provisions of the Project Manual that cover the subject of the inquiry.
 
4. APPROXIMATE QUANTITIES
The quantities given in the Bid Schedule are approximate only and are being given as a basis for the comparison of bids. The District does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and the District reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary.
 
Instructions to Bidders Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page IB-4
 
 
5. PROPOSALS
A. For bids to receive consideration, they shall be made in accordance with the Invitation for Bids, the Proposal Forms, and these Instructions to Bidders.  All bids shall be submitted on the unaltered Project Proposal Forms (“Proposal Forms”) contained in the Project Manual with all items completely filled out with typewritten or legible handwritten responses. Signatures of all persons signing shall be in longhand. Completed Proposal Forms shall be without interlineations, alterations, or erasures.
B. ALL BID SUBMITTALS SHALL REMAIN BOUND TOGETHER. Proposal Forms (contained herein on pages BD-1 through BD-20) may be separated from the Project Manual for purposes of bid submittal.
C. Bids shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered unless called for by the District. No oral, telegraphic, or telephonic proposals or modifications will be considered. Unauthorized conditions, limitations, or provisions attached to a bid will render it informal and may cause its rejection.
D. Bidders are advised that there is limited funding available for this project. For purposes of comparing bids and determining the apparent low bidder, the District will use the amount entered as the “Bidder’s Grand Total” on page BD-3.
E. Each bid is to be in accordance with the Contract Documents. Before submitting a bid, bidders shall carefully read this Project Manual, including the contents and form of the Sample Standard Agreement, and the Project Plans, and inform themselves fully as to all existing conditions and limitations, which must include a visit to the site of the work, and shall include in the bid a sum to cover the cost of all work contemplated in the Contract Documents. The submission of a bid shall be conclusive evidence that the bidder has reviewed and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and the materials to be furnished, and as to the requirements of the Project Manual and Project Plans. The submission of a bid shall also be conclusive evidences that the person signing the Proposal Forms is authorized to bind or obligate the bidder to any agreement.
F. Bidders’ attention is directed to the insurance and bond requirements described below and as provided in the Sample Standard Agreement. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine the availability of surety bonds, insurance certificates, and endorsements as prescribed and provided herein in advance of bid submission. If an apparent low bidder fails to comply strictly with the bonding and insurance requirements, that bidder may be disqualified from award of the contract and its bid security may be forfeited. The cost of such bonds and insurance shall be included in each bidder’s bid.
G. Each bidder shall inform itself of, and the bidder awarded the contract shall comply with, all federal, state, and local laws, statutes and ordinances relative to the execution of the work. This requirement includes, but is not limited to, applicable regulations concerning employment of labor, fair labor practices, equal opportunity, drug-free workplace, construction and building, Americans with Disabilities Act, protection of public and employee health and safety, environmental protection, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees, and similar subjects.
H. Proposal Forms (contained herein on pages BD-1 through BD-20 and bidder’s bid security must be received in a sealed, opaque envelope clearly labeled with JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT printed on the outside of the envelope. Bids received unsealed or unlabeled will not be considered. Bids
Instructions to Bidders Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page IB-5
 
 
submitted by facsimile (fax) transmission will not be considered.
I. To be considered, bids must be received by the Secretary of the Board no later than 3:00 pm, Friday, September 13, 2019 (“Bid Submission Deadline”). Bids may be mailed or hand delivered to the General Manager at 3222 Crowley Lake Drive, Crowley Lake, California 93546.  
J. Bidders are advised that due to the remote nature of central Mono County, “overnight” delivery by the US Postal Service, UPS, FedEx, and other carriers is actually scheduled as a two-day delivery. Bidders should also take potential holiday mail delays into consideration.
 
6. MODIFICATION OF BID
A bidder may modify its bid by written communication provided such communication is received by the General Manager up to, but not later than, the Bid Submission Deadline described above Paragraph 5.I. The written communication shall not reveal the bid price but shall state the amount of addition or subtraction or other modification so that the final prices or terms will not be known by the District until the sealed bid is opened.
 
7. WITHDRAWAL OF BID
Bids may be withdrawn without prejudice by the bidder up to, but not later than, the Bid Submission Deadline described above in Paragraph 5.I. Such withdrawal may be made by written letter or by email or facsimile (fax) request. Such request shall be signed by an authorized representative of the bidder. Bids so withdrawn will be returned unopened to the bidder by the District. Bids withdrawn following bid opening shall be permitted only as allowed by the Public Contract Code and may subject the accompanying bid security to forfeiture and retention by the District as in the case of failure to execute the awarded contract as provided below. Negligence on the part of the bidder in preparing the bid shall not entitle the bidder to withdraw the bid subsequent to the District opening bid proposals.
 
8. AGREEMENT AND BONDS
A. Bidders are required to submit, along with the Proposal Forms, a certified or cashier’s check or bidder’s bond in an amount of at least 10 percent (10%) of their respective bids made payable to the Hilton Creek Community Services District. This bidder’s bond or bid security shall be given as a guarantee that the bidder will enter into a contract if awarded, and may be forfeited by the successful bidder and retained by the District if the bidder refuses, neglects, or fails to enter into said contract (including a failure to provide required insurance certificates and bonds) within five (5) calendar days after provision by the District of a complete and final contract for execution by successful bidder.
B. The successful bidder will be required to furnish a labor and materials bond (also known as a “payment bond”) in an amount equal to 100 percent (100%) of the contract price, and a faithful performance bond in an amount equal to 100 percent (100%) of the contract price. In addition, the successful bidder, as the Contractor, will be required to furnish a one-year warranty bond upon project completion, pursuant to the requirements in the Sample Standard Agreement. Only surety bonds issued by an admitted surety insurer, as defined in the Sample Standard Agreement, will be accepted. Bonds shall be in a form acceptable to the District; a sample of an acceptable form of each type of bond required is included in this Project Manual.
C. The Contract Documents include a Sample Standard Agreement, which the successful bidder, as the Contractor, will be required to execute, and the insurance and bonds, which
Instructions to Bidders Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page IB-6
 
 
the Contractor will be required to furnish.
D. All alterations, extensions of time, extra and additional work, and other changes authorized by the District consistent with applicable provisions of the Contract Documents, may be made without securing the consent of the surety or sureties on the contract bonds.
 
9. OPENING OF BIDS
As soon after the Bid Submission Deadline as is practicable to do so, all bids received before that deadline will be publicly opened, read aloud, and recorded. All interested parties are invited to attend. Any bid received after the Bid Submission Deadline will be returned to the bidder unopened.
 
10. BID EVALUATION
After all bids are opened and publicly announced, the General Manager will evaluate the bids; identify the lowest responsive bid by a responsible bidder; send a Notice of Intent to Award the contract, with a ranked tabulation of all bid amounts submitted, to the identified Bidder (copied to all Bidders); and agendize the matter for review by the Board of Directors. The Board of Directors shall determine whether to proceed to contract award or to reject all bids if it is in the public interest to do so, and in accordance with applicable laws. If the Board of Directors elects to proceed to contract award, it will approve and authorize execution of a contract with the successful bidder. In the event of a discrepancy between the numeric total bid written and the numeric total bid calculated, the bid amount calculated by multiplying each item quantity by the unit price and then adding each item of the proposal shall prevail.
Bid evaluation will consist of reviewing submitted bids for responsiveness, ranking the responsive bid amounts from lowest to highest, and investigating whether the apparent low bidder, and such other bidders as the District deems appropriate, appears to be a “responsible bidder.” Said investigation will involve checking each bidder’s and any listed subcontractor’s license status and eligibility to contract for public works, and may also include, a request for bidder references and/or insurance certificates, a request for documents demonstrating the bidder’s solvency and available resources to timely complete the work, and consideration of the bidder’s performance on any prior contracts with the District. The District reserves the right to waive any informality or irregularity in any bid that does not affect the contract price and provided such waiver is allowed by law.
 
11. BID PROTEST PROCEDURE
Bidders may file a protest in accordance with the directions provided herein with respect to the apparent low bid, any other bid submitted, and/or with respect to the qualifications or responsibility of the apparent low bidder, or of any other bidder.
The bid protest period shall commence immediately upon the District’s issuance of the Notice of Intent to Award the contract and shall remain open until 4:30 PM of the fifth (5th) business day following the date of the Notice of Intent to Award the contract (“Bid Protest Deadline”). All bid protests must be received by the District, as described in this Paragraph 11, by the Bid Protest Deadline.  Postmarks will not be accepted.  Failure to timely file a written protest by the Bid Protest Deadline shall constitute a waiver of the right to protest.  Untimely protests will not be accepted or considered.
Bidders may submit protests to the District by mail, or electronically.  Protests submitted by mail (USPS, UPS, FedEx, Golden State Overnight, etc.) must be addressed and delivered to the General Manager, c/o Hilton Creek Community Services District, Attn: Patrick Allen, 3222
Instructions to Bidders Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page IB-7
 
 
Crowley Lake Drive, Crowley Lake, California 93546.  Protests submitted electronically should be emailed to Patrick Allen at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  
Bid protests must be submitted in and include the following information: (1) the name of the person or entity making the protest; (2) the name of the bid project; (3) a complete statement of all legal and factual grounds for the protest; (4) any documentation supporting the protestor’s grounds for the protest; and (5) the form of relief requested and the legal basis for such relief.
If a valid protest is timely filed, the District shall investigate the bid protest. The protested bidder shall have three (3) business days to respond to the District’s investigation and to provide any information requested by the District.  The District shall notify the protested bidder of any evidence reflecting upon his responsibility, afford the protested bidder an opportunity to rebut such evidence, and allow the protested bidder to present evidence in support of his qualifications to perform the contract.  The District shall respond to the protesting party upon the conclusion of its investigation by providing the protesting party a statement of its conclusions and findings. Thereafter, the General Manager shall make a recommendation to the Board of Directors regarding the bid protest.
In addition to other requirements related to claim presentation, the bid protest procedure described herein must be pursued and exhausted before any person or entity may commence litigation against the District, or any of its officers, agents, or employees related to or arising out of the award of a contract for the construction of the Project to a bidder whose winning bid could have been the subject of a protest as outlined above.
 
12. AWARD OR REJECTION OF BIDS
A. After expiration of the Bid Protest Deadline, the District may, in its discretion take any of the following actions: (1) Award a contract notwithstanding the filing of a bid protest; (2) refrain from awarding a contract pending resolution of any or all bid protests; or (3) otherwise proceed as it deems appropriate, including without limitation rejecting all bids received. Further, under Public Contract Code Section 22038, the District has the option, after receiving and tabulating bids, to reject all bids and perform the work by force account if the Board of Directors determines, by a four-fifths vote, that the work can be performed more economically by its own employees.
B. If it chooses to award a contract, the District shall award the contract to the bidder found responsible by the District which has submitted the lowest responsive bid. Bidders are advised that should this Invitation for Bids result in the award of a contract, any such contract will not be in force until it is approved and fully executed by the District and the successful bidder.
C. Payment under any contract resulting from this Invitation for Bids will be consistent with the Sample Standard Agreement, a sample of which has been provided with this Invitation for Bids. Any contract awarded as a result of this Invitation for Bids will be awarded without discrimination based on race, color, religion, age, sex, sexual orientation, or national origin.
D. Contract award, if made, is anticipated to occur within two (2) weeks after the date of bid opening but could occur up to 60 days after said date. In such an event, all bidders will be notified in writing that additional time will be required. No bid can be withdrawn during that period unless such withdrawal is authorized under the Public Contract Code and the bid security shall remain in full force and effect.  
E. The District assumes no responsibility for any costs the bidder may incur, regardless of whether or not a contract is awarded, in preparing and/or submitting a bid.
Instructions to Bidders Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page IB-8
 
 
 
13. CONTRACT EXECUTION
A. Accompanying the District’s Notice of Intent to Award will be the contract for the Project, which the successful bidder will be required to execute and return, together with the required bonds and certificates of insurance, to the District within five (5) calendar days following receipt of such contract and Notice of Intent to Award. Failure to do so by the successful bidder shall be just cause for annulment of the contract award and forfeiture of the bid security, which shall be retained by the District as liquidated damages, and it is agreed by both parties that the bid security sum is a fair estimate of such failure. Signature by both parties constitutes execution of a contract for the Project.
B. In the event the successful bidder is unable to physically deliver the required bonds and insurance certificates, and where approved in writing by the General Manager, the bidder shall, prior to its commencement of the work, submit evidence satisfactory to the District that such bonds and certificates will be furnished in a timely manner.
C. In the event of failure of the lowest responsible, responsive bidder to sign and return a contract for the Project with acceptable evidence of bonds and insurance certificates as prescribed herein, the District may award the contract to the next lowest responsible, responsive bidder, and so forth, until a fully-executed contract for the Project and acceptable bonding and insurance certificates are received by the District.
D. The bid security of all bidders will be retained by the District until a contract for the Project is executed by the successful Bidder and evidence of bonds and insurance acceptable to the District is received, after which those bid securities, except any that may have been forfeited, will be returned to the bidders whose proposals they accompanied.
 
14. LISTING OF AND SUBSTITUTIONS OF SUBCONTRACTORS
A. If awarded a contract, the successful bidder shall perform with his own organization contract work amounting to not less than 30 percent (30%) of the original total contract price. The bidder shall give his/her personal attention to the fulfillment of the contract and shall keep the work under his/her control. All persons engaged in the Project and related work will be held responsible for their work, which shall be subject to the provisions of the Project Manual and any contract executed pursuant to this Invitation for Bids.
B. Each bidder shall in its bid or offer, set forth the name and location of the office, shop, or mill of each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement and the portion of the work which will be done by each subcontractor if the amount of the subcontractor’s work will be in excess of one-half of one percent (0.5%), or Ten Thousand dollars ($10,000.00), whichever is greater, of the bidder’s bid.
C. If the bidder fails to specify a subcontractor for any portion of the work to be performed under the contract as specified above, it shall be deemed to have agreed to perform such portion itself, and it shall not be permitted to subcontract that portion of the work except under conditions hereinafter set forth.
D. No bidder whose bid is accepted shall, without consent of the General Manager, do any of the following:
(1) Substitute any person as subcontractor in place of the subcontractor designated in the original bid; or
(2) Permit any subcontractor to be assigned or transferred or allow the work to be
Instructions to Bidders Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page IB-9
 
 
performed by anyone other than the original subcontractor listed in the bid; or
(3) Sublet or subcontract any portion of the work in excess of one-half of one percent (0.5%) of the bidder’s bid as to which its original bid did not designate a subcontractor.
E. Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency, necessity, or otherwise in accordance with the Public Contract Code, and then only after a finding has been made in writing, by the General Manager, setting forth the facts constituting such emergency, necessity, or statutory basis for the substitution.
F. If haulers are used merely to convey materials and will not excavate or load the material and if they will not apply judgment as to the suitability of the material to meet Project specifications, then they do not need to be identified on the “List of Subcontractors” in the bid forms.
 
15. INTEREST IN MORE THAN ONE BID
No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same work unless alternative bids are called for. A person, firm, or corporation who has submitted a sub-proposal to a bidder or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders.
 
16. COORDINATION WITH OTHER CONTRACTORS
Bidders are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed, and bidders must employ, as far as possible, such methods and means in the carrying out the Project and related work as will not cause any interruptions or interference with any other contractor or the operations of the facility at which the work is being performed.
 
17. SUBSTITUTIONS
Throughout the Project Manual, materials may be specified that are in short supply or that are restricted by government limitation orders. For the purpose of submitting proposals, bidders shall assume that the District will require all materials to be furnished as specified. No substitutions will be permitted until all sources or supply have been exhausted and written notice is given to the General Manager stating such fact. Substituted materials shall have the written approval of the Engineer, before installation in the Project.
 
18. CONTRACTOR’S LICENSING LAWS
A. The successful bidder, as the Contractor, will be required to furnish a valid Mono County Business License issued by County’s Office of the Treasurer prior to commencing the work.
B. In order to be eligible for award of a contract for the Project, a bidder must possess either of the following classification(s) of contractor’s license: (1) Class A – General Engineering; or (2) C12 – Earthwork and Paving.
C. Attention is directed to the provisions of Article 4, Chapter 9, of the California Business and Professions Code concerning the licensing of contractors. All bidders, contractors, and subcontractors shall be licensed in accordance with the laws of the State of California and any bidder, contractor, or subcontractor not so licensed is subject to the
Instructions to Bidders Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page IB-10
 
 
penalties imposed by such laws.  All bidders, contractors, and subcontractors shall possess the appropriate licenses to cover the above advertised work.  The District will verify that the successful bidder, as well as any contractor and any subcontractor, is appropriately licensed to perform Project work designated prior to awarding any contract pursuant to this Invitation for Bids.
 
19. LABOR REQUIREMENTS
The services and work to be provided by the successful bidder, as the Contractor for this Project, constitute a “public work” within the meaning of Labor Code sections 1720 and 1720.3. Accordingly, as required by Labor Code section 1771, the successful bidder, as the Contractor, and any subcontractor under it, shall pay not less than the general prevailing rate of per diem wages (“prevailing wage”) specified for each craft and classification to all workers employed in the execution of the project. Copies of prevailing wages, as determined by the Director of the Department of Industrial Relations, are available online at: www.dir.ca.gov/OPRL/DPreWageDetermination.htm and on file at the office of Hilton Creek Community Services District, located at 3222 Crowley Lake Drive, Crowley Lake, CA 93546, and are available to any interested party upon request. These wages are not included in any part or section of the Project Manual. Changes, if any, to prevailing wage rates will be available at the same location.
No contractor or subcontractor may be listed in a bid proposal or awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (unless exempt under Labor Code section 1771.1). This Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
 
20. PROJECT SCHEDULE AND LIQUIDATED DAMAGES
The Project and all related work shall be completed within 30 working days from the date of issuance of the Notice to Proceed. By submitting a bid proposal, bidder acknowledges the following: (1) that the bidder has fully read Section 14.2 of Exhibit 1 of the Sample Standard Agreement; (2) that it has had ample opportunity to consult with legal counsel and obtain an explanation of these liquidated damage provisions; (3) and that it is agreed by both parties that the successful bidder, as the Contractor, will pay Hilton Creek Community Services District liquidated damages specified in Exhibit 1 of the Sample Standard Agreement.
 
 
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project  
 
 
 
 
 
 
 
 
 
 
 
HILTON CREEK COMMUNITY SERVICES DISTRICT PROPOSAL FORMS
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT
 
Project No. 2019-1
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project  
 
 
 
 
 
 
 
 
 
This page intentionally left blank
Page BD-1  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
HILTON CREEK COMMUNITY SERVICES DISTRICT PROPOSAL FORMS JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT Project No. 2019-1
 
Proposal of  (“Bidder”), organized and existing under the laws of the State of  , doing business as     (e.g.,  “a partnership;"  "a  corporation;"  "a sole proprietor"), as applicable to the Hilton Creek Community Services District , (“District”). This bid proposal consists of the attached pages BD-1 through BD-20.
In compliance with your Invitation for Bids and Instructions to Bidders, Bidder hereby proposes to perform all work for the JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT (“Project”) in strict accordance with the Project Manual, which include the Instructions to Bidders, Project Plans, Special Provisions, Technical Specifications, Construction Quality Assurance Program, Agreement, any applicable addenda issued by the District, and other Contract Documents within the time set forth therein at prices stated on the attached Bid Schedule. Prices quoted in this proposal include, but are not limited to, the cost for all labor, materials, tools, equipment, supplies, transportation, permits, services, and applicable local, state, and/or federal taxes, fees, patent rights, and/or royalties necessary to complete the Project and related work contemplated in the Project Manual and described in any contract executed pursuant to this Invitation for Bids.
By submitting this Bid Proposal, Bidder certifies (and in the case of a joint bid, each party thereto certifies as to his own organization) that this bid has been arrived at independently without consultation, communication, or agreement as to any matter relating to this bid with any other Bidder or with any competitor.
Bidder hereby agrees to commence work on the Project pursuant to any contract executed pursuant to this Invitation for Bids  on or before 14 calendar days following the award of contract by the District, unless a later date is specified by the District in the Notice to Proceed, and to fully complete the project within 30 working days from the date of issuance of the Notice to Proceed, pursuant to the provisions specified in any contract executed pursuant to this Invitation for Bids.
It is understood that, except for lump sum items, the quantities set forth in the Bid Schedule are approximate only and are solely for the purpose of facilitating the comparison of bids, and that the Bidder’s compensation will be computed on the basis of documented final quantities in completed work, measured as specified, whether they be more or less than those shown.
 
Bidder’s Company Name:          
Company Address:        Office Telephone No.:  Fax No.:         
Email Address:       
Contractor’s Calif. License No.:    Class:   
Mono County Business License No.:           
Name of Company Officer:   Title:      
 
 
 
(Add seal if by a corporation)
Bidder’s Signature Date
Page BD-2  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
Proposal Project Manual
 
 
 
 
 
 
 
 
 
 
 
 
This page intentionally left blank
Page BD-3  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
 
HILTON CREEK COMMUNITY SERVICES DISTRICT BID SCHEDULE JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT Project No. 2019-1
 
 
 
 
Page BD-4  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
HILTON CREEK COMMUNITY SERVICES DISTRICT ACKNOWLEDGEMENTS JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT Project No. 2019-1
 
RECEIPT OF ADDENDA
The District is advised that Bidder has received the following addenda for the Contract Documents, including plans, specifications, and special provisions for the above-referenced project:
 
Addendum Number:   Issuance Date:      
 
Subject Matter:    
 
 
Addendum Number:   Issuance Date:      
 
Subject Matter:    
 
 
Addendum Number:   Issuance Date:      
 
Subject Matter:    
 
 
Addendum Number:   Issuance Date:      
 
Subject Matter:    
 
If you did not receive any addenda for the above-referenced project, please initial here:    
 
 
ACKNOWLEDGEMENT OF SITE VISIT(S)
The District is advised that I have visited the project site as acknowledged by my initials below. In doing so, I have made myself aware of the conditions that exist and have prepared the attached proposal accordingly.
 
 
Juniper Drive:
 
Pinon Drive:
 
Yes
 
Yes
No
 
No
   
   
   
 
Note: This questionnaire constitutes a part of the proposal, and signature on the signature portion of the proposal constitutes signature on this questionnaire and a declaration under penalty of perjury under the laws of the State of California that the statements made herein are true and correct. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.   
Page BD-5  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
HILTON CREEK COMMUNITY SERVICES DISTRICT BIDDER’S LIST OF SUBCONTRACTORS PART 1 JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT  Project No. 2019-1 As of March 1, 2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm
 
Listed hereinafter are the names and addresses of all subcontractors who will be employed in the completion of project work and the type of work that each will perform if the contract is awarded to the undersigned Bidder. In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one-half of one percent (0.5%) of my total bid, or ten thousand dollars ($10,000), whichever is greater.  As to any work in which I fail to do so, I agree to perform that portion myself or be subject to penalty under the Act. Notes:   
A. The above statement constitutes a part of the proposal and signature on the signature portion of the bid proposal constitutes signature on this statement.
B. Vendors or suppliers that will be providing materials only need not be listed.
C. If further space is required, copies of this sheet or additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of the proposal.  Fillable pdf forms of this exhibit are available for download at: http://www.dot.ca.gov/hq/LocalPrograms/lam/forms/chapter12/12b.pdf
 
 
 
 
 
Page BD-6  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
HILTON CREEK COMMUNITY SERVICES DISTRICT EXHIBIT 12B: BIDDER’S LIST OF SUBCONTRACTORS PART 2 JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT  Project No. 2019-1
 
In accordance with Title 49, Section 26 of the Code of Federal Regulations, the bidder shall list all subcontractors who provided a quote or bid, but were not selected to participate as a subcontractor on this project.   If further space is required, copies of this sheet or additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of the proposal.  Fillable pdf forms of this exhibit are available for download at: http://www.dot.ca.gov/hq/LocalPrograms/lam/forms/chapter12/12b.pdf
 
 
 
 
 
 
Page BD-7  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
HILTON CREEK COMMUNITY SERVICES DISTRICT DISCLOSURES AND CERTIFICATIONS JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT Project No. 2019-1
 
In conformance with Public Contract Code Section 10162, the Bidder shall complete the following questionnaire under penalty of perjury:
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE Has the Bidder, or any officer or employee of the Bidder who has a 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 a violation of law or safety regulation?
 
Yes:   No:      
 
If the answer is yes, please explain the circumstances in the space provided below and/or attach separate sheet(s) as necessary, with signature affixed.
 
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats.1985), the Bidder shall complete the following questionnaire under penalty of perjury:
 
PUBLIC CONTRACT CODE SECTION 10285.1 QUESTIONNAIRE
Within the past three years, has the Bidder, or any officer or employee of the Bidder who has a proprietary interest in the Bidder, ever been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any federal or state 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 1100, the Regents of the University of California, or the Trustees of the California State University?  The term “Bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 102985.1.
 
Yes:   No:      
 
If the answer is yes, please explain the circumstances in the space provided below and/or attach separate sheet(s) as necessary, with signature affixed.
 
 
PUBLIC CONTRACT CODE 10232 STATEMENT
 
In conformance 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 a 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 a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
 
 
Note: The above Questionnaires and Statement are a part of the Proposal.  Signing on the signature portion of this Proposal shall also constitute signature of this Questionnaire and Statement, and the Bidder declares under penalty of perjury under the laws of the State of California that the statements made herein are true and correct.  Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Page BD-8  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
Disclosures and Certifications Project Manual
 
WORKERS’ COMPENSATION CERTIFICATION
I do hereby certify that I am aware of the provisions of the California Labor Code which requires 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 work in this contract.
 
 
 
 
 
 
 
 
 
 
NON-COLLUSION AFFIDAVIT
In accordance with Title 23 United States Code Section 112 and Section 7106 of the California Public Contract Code, 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 its 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, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this affidavit on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute this declaration on behalf of the Bidder.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Note: This questionnaire constitutes a part of the proposal, and signature on the signature portion of the proposal constitutes signature on this questionnaire and a declaration under penalty of perjury under the laws of the State of California that the statements made herein are true and correct.
Page BD-9  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
Disclosures and Certifications Project Manual
 
EQUAL EMPLOYEMENT OPPORTUNITY COMPLIANCE CERTIFICATE A. The bidder hereby certifies that he (as the contractor) and all subcontractors agree to conform to the equal opportunity clauses required by Executive Orders 10925, 11114, and 11246, as well as 41 CFR 60-1.4 Equal Opportunity Clause).
B. The bidder certifies that within 30 days of the award of the contract, as required, the contractor and subcontractors will file an “Equal Employment Opportunity Employer Information Report EEO-1 (SF100)” with the U.S. Department of Labor and, annually thereafter, file the same report with the U.S. Department of Labor by March 31.  (If your company has filed one of these reports this year, you do not have to comply with the 30-day regulation.)  Refer to  https://www.eeoc.gov/employers/eeo1survey/upload/instructions_form.pdf for filing requirements (SF100).
C. The contractor and all subcontractors shall certify that prior reports have been filed under the applicable filing requirements as follows:  a. Contractor/Subcontractor has held previous contracts where EEO provisions were in force.  Yes _____   No _____  (If yes, answer question 2 also)  
b. Contractor/Subcontractor has filed all “required” reports for these previous contracts.  Yes _____   No _____  
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to Executive Orders 10925, 11114, and 11246 and that have not filed reports when required should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor (and/or subcontractor) submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director of the U.S. Department of Labor’s Office of Federal Contract Compliance.
If the bidder has participated in a previous contract subject to the equal opportunity clause and has not submitted compliance reports due under applicable filing requirements, the Bidder shall submit a compliance report on Standard Form 100, “Employee Information Report EEO-1” prior to the award of any contract issued pursuant to this IFB.
D. This certification is required by the Equal Employment Opportunity Regulations of the Secretary of the Department 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 less are exempt).  
E. Contractor/Subcontractor certifies that he is not currently in receipt of any outstanding letters of deficiency, show cause, probable cause, or other such Notification of Noncompliance with EEO regulations.  
F. A compliance certificate in conformance with this section is not required at time of bid, but each subcontractor must be provide this certificate to the District prior to execution of any contract issued pursuant to this IFB.  If available, subcontractor certificates may be supplied at time of bid.  Subcontractor signature below certifies Equal Employment Opportunity compliance.  Each subcontractor shall answer the questions in Item C above and sign a copy of this page.
 
                Subcontractor Name   Subcontractor Signature    Date
 
Note: This Certificate constitutes a part of the proposal, and the contractor’s signature on the signature portion of the proposal constitutes the Contractor’s “Equal Employment Opportunity Compliance Certificate” and a declaration under penalty of perjury under the laws of the State of California that the statements made herein are true and correct.
Page BD-10  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
Disclosures and Certifications Project Manual
 
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
 
The Bidder, under penalty of perjury, certifies that, except as noted below, she/he or any other person associated therewith in the capacity of owner, partner, director, office manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three (3) years;
• Does not have a proposed debarment pending; and • Has not been indicated, 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 three (3) years.
 
If there are any exceptions to this certification, insert the exception in the following space:
 
 
 
 
 
 
 
 
 
 
 
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of actions.
 
 
 
 
 
 
 
 
 
Providing false information may result in criminal prosecution or administrative sanction. The above certification is part of the Proposal. Signing this Proposal on the signature portion hereof shall also constitute signature of this certification and a declaration under penalty of perjury under the laws of the State of California that the statements made herein are true and correct.
 
 
 
 
 
 
Note: This questionnaire constitutes a part of the proposal, and signature on the signature portion of the proposal constitutes signature on this questionnaire and a declaration under penalty of perjury under the laws of the State of California that the statements made herein are true and correct.
Page BD-11  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
HILTON CREEK COMMUNI8TY SERVICES DISTRICT BIDDER’S QUALIFICATION STATEMENT JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT Project No. 2019-1
 
This Qualifications Statement will be used by the District to determine if a Bidder is qualified to do the work to be performed and therefore to find if the Bidder is a “responsible” bidder. The Qualifications Statement should be completed on behalf of the Bidder by an officer or other individual who is knowledgeable about the Bidder’s past and current operations, policies, and practices. A response must be provided to each question. If a particular question does not apply, the response should state “not applicable” or “N/A”. Qualifications statements that contain missing or incomplete answers may render the proposal non-responsive. The District reserves the right, however, to allow the bidder to submit additional information pertaining to its qualifications after the Bid Submission Deadline provided in the Project Manual if circumstances warrant and to waive any error or defect in a Bidder’s Qualification Statement.
 
Answers may be expanded upon by attaching additional pages. Use 8½” x 11” paper and mark each additional page with the Bidder’s name and identification of the particular question to which an answer is being given. For the purposes of this Qualification Statement, the terms “company,” “firm,” “bidder,” “proposer,” and “contractor” are used interchangeably and have the same meaning.
 
The following documents or information must be included with your Qualifications Statement for this Bid Proposal. (Existing certification and license information on file with the District and current may meet the requirements of this section subject to verification prior to award of any contract):
 
Insurance: Contractor must provide proof that the firm is insured at least to the limits identified in the Sample Standard Agreement.
 
Licenses: Copies of all applicable and current trade licenses issued to the Contractor which legally allow the Contractor to perform the work identified for this Project.
 
Previous Work History: This Qualifications Statement includes a form titled “Experience on Completed or Ongoing Projects.” Please use this form to detail the work that the firm has performed within the last three (3) years. A minimum of three (3) successfully-completed general civil and/or asphalt concrete pavement maintenance construction projects are required. Use one (1) page per project and reproduce copies of the form as necessary. In each project description, identify your firm as a prime contractor, subcontractor, or joint venture partner.
 
OSHA Violations: If at any time within the past five (5) years the Contractor has received an OSHA serious violation, you must provide copies of the Citation and Notification of Penalty, signed Settlement Agreement, and narrative which details the specific issue(s) cited, remedial action required and taken by the Contractor, amount of fine initially imposed, and ultimate resolution.
 
Resumes and Organizational Chart: The Contractor must include current resumes for each principal and key individual identified in Question 2B below. The statement must also include a copy of the firm’s current organizational chart.
 
Equipment:  The Contractor must provide a list of equipment that would be available for the work.
Page BD-12  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
Bidder’s Qualification Statement Project Manual
 
1. GENERAL INFORMATION:
 
A. Type of organization:     If Corporation, include year and state incorporated If Partnership, state whether general or limited If Sole Proprietorship, include name of owner If Joint Venture*, include name all partnering firms * Bidder’s submitting a bid as joint venture must obtain a joint venture contractor’s license before they may be awarded a contract, per Business and Professions Code §7029.1.
 
B. Is the firm, and all persons or firms listed in the bid as subcontractors, registered with the Department of Industrial Relations as required by California Labor Code section 1725.5?
 
      Yes   No
 
C. If you checked “No” in the previous question, then you must fall within one of the limited exceptions set forth in California Labor Code section 1771.1, and must register with the Department of Industrial Relations prior to contract award. Does the firm (or any subcontractor) fall within California Labor Code section 1771.1 and become registered prior to contract award?
 
      Yes (attach explanation)   No (not qualified)
 
2. PERSONNEL:
 
A. Identify the current number of employees below:
 
Employee Type Full-Time Part-Time
Office
 
Field
 
 
B. Principals and Key Personnel: On the chart below, supply the required information. Principals and key personnel include proprietors, partners, directors or officers of the firm; any manager or individual who participates in overall policy-making or financial decisions of the firm; any person who makes significant financial contributions to the firm’s operations; any person in a position to control and direct the firm’s overall operations or any significant part of its operation (including site foremen and superintendents). Resumes for principals and key personnel must be provided herewith. Use additional sheets if necessary to identify all principals and key personnel.
 
Description Person 1 Person 2 Person 3 Name    Title    % Ownership    (Use additional sheets if necessary to identify all Principals and Key Personnel)
Page BD-13  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
Bidder’s Qualification Statement Project Manual
 
3. FINANCIAL INFORMATION:
 
A. Are there any liens outstanding against the Contractor? (if yes, provide a detailed explanation on an attached sheet)
Yes No
B. Has the Contractor, principals, or key personnel been party to a bankruptcy or reorganization proceeding with the last five years? (if yes, provide a detailed explanation on an attached sheet)
 
Yes
 
No
 
C.  Annual sales dollar volume of Contractor: $   
 
 
4. INTEGRITY OF CONTRACTOR: Please provide an explanation on an attached sheet for any of the following questions with the answer “yes”.
 
A. During the past five years has the Contractor:
 
i. Been subject of a lien or claim of $25,000 or more by a
 subcontractor or supplier? Yes No
ii. Failed to complete a contract? Yes No
ii. Been suspended, debarred, disqualified or otherwise declared ineligible to bid?
 
Yes
 
No
iv.  Been defaulted on any contract? Yes No
v.   Had a contract terminated? Yes No
vi. Had liquidated damages assessed against it upon completion of a contract?
 
Yes
 
No
vii. Been a plaintiff or defendant in any lawsuits arising out of public or private construction contracts?
 
Yes
 
No
B.  During the past five years has the Contractor, Principals or Key Personnel:   
i. Been a plaintiff or defendant in any lawsuits arising out of public or private construction contracts?
 
Yes
 
No
ii. Been the subject of an investigation involving any alleged violation of criminal law, civil antitrust law or other federal, state, or local civil law?
 
 
Yes
 
 
No
iii. Been convicted after trial or by plea of any felony under state or federal law?
 
Yes
 
No
iv. Entered a plea of nolo contendere to a charge of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or violation of an antitrust law?
 
 
Yes
 
 
No
v. Been the subject of an investigation of any alleged violation of federal, state, or local regulations by any public agency?
 
Yes
 
No
Page BD-14  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
Bidder’s Qualification Statement Project Manual
 
 
vi.  Been found to have committed a violation of any labor law or regulation including prevailing wage rates and fair labor practices? Yes No
vii. Been found to have committed an OSHA “serious violation”? Yes No
vii. Been found to have committed a construction-related violation of federal, state, or local environmental law or regulation?
 
Yes
 
No
 
5. BIDDING CAPABILITY AND PREVIOUS EXPERIENCE:
 
A. Provide a detailed narrative of the Contractor’s experience and involvements in asphalt concrete pavement preservation, maintenance, and rehabilitation projects. Previous experience in this field of construction is necessary for the Contractor to be found responsible specific to this Project. Additional information can be provided on an attached sheet.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 mark if continued on an attached sheet
 
Page BD-15  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
Bidder’s Qualification Statement Project Manual
 
B. Identify Contractor specialty capabilities  (check all appropriate).  Bidder must have self- performing capability for each specialty selected.
 
1. Concrete Work 13.  Asphalt-Rubber Chip Seal 2. Asphalt Concrete Reconstruction 14.  Asphalt Concrete Tack Coat 3. Roadway Subgrade Stabilization 15.  Hot In-Place Recycling 4. Asphalt Concrete Paving 16.  Cold In-Place Recycling 5. Asphalt Concrete Overlays 17.  Roadway Sign Installation 6. Roadway Grinding / Pulverizing 18.  Grading and Earthwork 7. Full Depth Reclamation 19.  Erosion Control Protection 8. Asphalt Concrete Cape Seal 20.  Traffic Control  9. Asphalt Concrete Micro-Surfacing 21.   Roadway Paint Striping / Marking 10. Asphalt Concrete Slurry Sealing 22.  Guardrail Installation / Repair 11. Asphalt Concrete Fog Sealing 23.   Drainage / Culvert Installation 12. Polymer Modified Emulsion Chip Seal 24.   Utility Placement & Trenching
 
C. Contract capability (determined by size of previous work and bonding capacity):
 
1.   $0 - $10,000 2.   $0 - $50,000 3.   $0 - $100,000 4.   $0 - $250,000 5.   $0 - $500,000 6.   $0 - $1,000,000 7.   $0 - $5,000,000 8.   $0 - $10,000,000 9.   $0 - >$10,000,000
 
 
D. Use the following form (Page BD-18) to describe Bidder’s experience on completed or ongoing projects over the last five (5) years.  A separate sheet must be completed for each project; a minimum of three (3) projects are required.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page BD-16  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
Bidder’s Qualification Statement Project Manual
 
PROJECT EXPERIENCE WITH ROAD PRESERVATION, MAINTENANCE AND REHABILITATION PROJECTS
Project Status: Contractor’s Role*: Project completed  Prime Contractor Work in progress Subcontractor Joint Venture Partner
* Entity submitting proposal is considered “Contractor”
 
 
 
Facility / Project Name:         
Address of Project:         
Project Owner:        
Contract Amount (Contractor’s Share): $   Was project bonded? Yes No
% of total project performed by Contractor by Contractor’s own forces:   %
Was Contractor required to possess a Performance Bond and/or Payment Bond? Yes No
Start Date:  Scheduled Completion Date:  Actual Completion Date:    
Construction Manager / Project Manager:
Company:        
Address:      
Telephone:   email:   
Contact Name:     Title:         
Architect / Engineer:
Company:        
Address:      
Telephone:   email:   
Contact Name:     Title:         
Reference familiar with Contractor’s performance:
Company:          
Address:       
Telephone:    email:   
Contact Name:      Title:        
Description of work performed by Contractor:            
 
 
Page BD-17  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
BID BOND
(MINIMUM 10% OF TOTAL BID AMOUNT)
 
KNOW ALL BY THESE PRESENTS that we,    
the Contractor in the contract hereto annexed, as Principal, and  ,
as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as
set forth herein to the Hilton Creek Community Services District (hereinafter, “Owner”) in the sum of
$      
lawful money of the United  States. Principal has submitted the accompanying bid for
JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT
 
If the Principal is awarded the contract and enters into a written contract, in the form prescribed by the
Owner, at the price designated by his bid, and files two bonds with the Owner, one to guarantee payment
for labor and materials and the other to guarantee faithful performance, in the time and manner specified
by the Owner, and carries all insurance in the type and amount which conforms to the Contract
Documents, and furnishes required certificates and endorsements thereof, then this obligation shall be
null and void; otherwise it shall remain in full force and effect.
 
Forfeiture of this bond shall not preclude the Owner from seeking all other remedies provided by law to
cover losses sustained as a result of the Principal’s failure to do any of the foregoing.
 
Principal and Surety agree that if the Owner is required to engage the services of an attorney in
connection with the enforcement of this bond, each shall pay Owner’s reasonable attorney’s fees
incurred with or without suit.
PRINCIPAL:
 
Executed on:   By:      
 
(Seal of Corporation) Title:      
 
 
 
(Attach notary acknowledgment for Contractor’s authorized representative and for Attorney-in-Fact of Surety)
 
 
 
NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. A certified copy of Power of Attorney must be attached.
Page BD-18  Juniper Drive and Pinon Drive Asphalt Maintenance P roject
Bid Bond Project Manual
 
Any claims under this bond may be addressed to:
 
 
    (Name and address of Surety)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
    (Name and address of Surety’s agent for service of process in California, if different from above)
 
 
 
 
 
 
    (Telephone number of Surety’s agent in Calif.)
 
 
 
(Attach notary acknowledgement)    SURETY
 
 
By:      (Attorney-in-Fact)

 
 
SECTION II
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SAMPLE STANDARD AGREEMENT
Juniper Drive and Pinon Drive Asphalt Maintenance Project
Project No. 2019-1

 
 
 
 
 
 
 
 
 
 
This page intentionally left blank
 
Sample Standard Agreement Project Manual
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-1   
AGREEMENT BETWEEN HILTON CREEK COMMUNITY SERVICES DISTRICT AND Click here to enter text. FOR THE CONSTRUCTION OF THE JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT
 
INTRODUCTION
 
WHEREAS, the Hilton Creek Community Services District (“District”) may have the need for the Click here to enter text. services of Click here to enter text., of Click here to enter text. (“Contractor”) (District and Contractor may be referred to individually as a “Party” and collectively as the “Parties”), and in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the Parties hereby agree as follows:
 
TERMS AND CONDITIONS
 
1. SCOPE OF WORK
Contractor shall furnish to District, upon its request, those services and work set forth in the Scope of Work set forth in Attachment A, attached hereto and by this reference incorporated herein, and in accordance with the Project Manual (including technical specifications) and Contractor’s bid. Requests by District to Contractor to perform under this Agreement will be made by the General Manager or an authorized representative thereof. Requests to Contractor for services or work to be performed under this Agreement will be based upon District's need for such services and work. District makes no guarantee or warranty, of any nature, that any minimum level or amount of services or work will be requested of Contractor by District under this Agreement. By this Agreement District incurs no obligation or requirement to request from Contractor the performance of any services or work at all, even if District should have some need for such services or work during the term of this Agreement.
 
Services and work provided by Contractor at District's request under this Agreement will be performed in a manner consistent with the requirements and standards established by applicable federal, state, and county laws, ordinances, and resolutions including, but not limited to, those that are referred to in this Agreement.
 
This Agreement is subject to the following Exhibits (as noted) which are attached hereto, following all referenced Attachments, and incorporated herein by this reference:
Exhibit 1: General Conditions (Construction) Exhibit 2: Prevailing Wages Exhibit 3: Bond Requirements Exhibit 4: Invoicing, Payment, and Retention Exhibit 5: Trenching Requirements Exhibit 6: FHWA Requirements Exhibit 7: CDBG Requirements Exhibit 8: HIPAA Business Associate Agreement Exhibit 9: Other    
 
In the event of a conflict between the terms of an attached Exhibit and this Agreement, the terms of the Exhibit shall govern.
 
2. TERM
The term of this Agreement shall be from September 10, 2019, to Click here to enter text., unless sooner terminated as provided in this Agreement.
 
3. CONSIDERATION
A. Compensation. District shall pay Contractor in accordance with the Schedule of Fees set forth in Attachment
Sample Standard Agreement Project Manual
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-2   
B for the services and work described in Attachment A that are performed by Contractor at District’s request.
 
B. Travel and Per Diem. Contractor will not be paid or reimbursed for travel expenses or per diem that Contractor incurs in providing services and work requested by District under this Agreement, unless otherwise provided for in Attachment B.
 
C. No Additional Consideration. Except as expressly provided in this Agreement, Contractor shall not be entitled to, nor receive, from District, any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement. Specifically, Contractor shall not be entitled, by virtue of this Agreement, to consideration in the form of overtime, health insurance benefits, retirement benefits, disability retirement benefits, sick leave, vacation time, paid holidays, or other paid leaves of absence of any type or kind whatsoever.
 
D. Limit upon amount payable under Agreement. The total sum of all payments made by District to Contractor for services and work performed under this Agreement shall not exceed Click here to enter   text. dollars ($Click here to enter   text.), plus (for public works contracts) the amount of any change order(s) approved in accordance with authority delegated by the Board of Directors (collectively, the "Contract Limit"). The District expressly reserves the right to deny any payment or reimbursement requested by Contractor for services or work performed that is in excess of the Contract Limit.
 
E. Billing and Payment. Contractor shall submit to District, on a monthly basis, an itemized statement of all services and work described in Attachment A, completed at the District’s request. The statement to be submitted will cover the period from the first (lst) day of the preceding month through and including the last day of the preceding month. Alternatively, Contractor may submit a single request for payment corresponding to a single incident of service or work performed at District’s request. All statements submitted in request for payment shall identify the date on which the services and work were performed and describe the nature of the services and work which were performed on each day. Invoicing shall be informative but concise regarding services and work performed during that billing period. Upon finding that Contractor has satisfactorily completed the work and performed the services as requested, the District shall make payment to Contractor within 30 days of its receipt of the itemized statement. Should District determine the services or work have not been completed or performed as requested and/or should Contractor produce an incorrect statement, District shall withhold payment until the services and work are satisfactorily completed or performed and/or the statement is corrected and resubmitted.
 
If Exhibit 4 (“Invoicing, Payment, and Retention”) is attached to this Agreement, then the language contained in Exhibit 4 shall supersede and replace this Paragraph 3.E. in its entirety.
 
F.          Federal and State Taxes.
 
(1) Except as provided in subparagraph (2) below, District will not withhold any federal or state income taxes or social security from any payments made by District to Contractor under the terms and conditions of this Agreement.
 
(2) District shall withhold California state income taxes from payments made under this Agreement to non-California resident independent contractors when it is anticipated that total annual payments to Contractor under this Agreement will exceed One Thousand Four Hundred Ninety-nine dollars ($l,499.00).
 
(3) Except as set forth above, District has no obligation to withhold any taxes or payments from sums paid by District to Contractor under this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. District has no responsibility or liability for payment of Contractor’s taxes or assessments.
 
(4) The total amounts paid by District to Contractor, and taxes withheld from payments to non-California residents, if any, will be reported annually to the U.S. Internal Revenue Service and the California State Franchise
Sample Standard Agreement Project Manual
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-3   
Tax Board.
 
4. WORK SCHEDULE
Contractor's obligation is to perform, in a timely manner, those services and work identified in Attachment A that are requested by District. It is understood by Contractor that the performance of these services and work will require a varied schedule. Contractor, in arranging his/her schedule, will coordinate with District to ensure that all services and work requested by District under this Agreement will be performed within the time frame set forth by District.
 
5. REQUIRED LICENSES, CERTIFICATES, AND PERMITS
Any licenses, certificates, or permits required by the federal, state, county, or municipal governments, for Contractor to provide the services and work described in Attachment A must be procured by Contractor and be valid at the time Contractor enters into this Agreement. Further, during the term of this Agreement, Contractor must maintain such licenses, certificates, and permits in full force and effect. Licenses, certificates, and permits may include, but are not limited to, driver's licenses, professional licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and maintained in force by Contractor at no expense to District. Contractor will provide District, upon execution of this Agreement, with evidence of current and valid licenses, certificates and permits that are required to perform the services identified in Attachment A. Where there is a dispute between Contractor and District as to what licenses, certificates, and permits are required to perform the services identified in Attachment A, District reserves the right to make such determinations for purposes of this Agreement.
 
6. OFFICE SPACE, SUPPLIES, EQUIPMENT, ETC
Contractor shall provide such office space, supplies, equipment, vehicles, reference materials, support services and telephone service as is necessary for Contractor to provide the services identified in Attachment A to this Agreement. District is not obligated to reimburse or pay Contractor for any expense or cost incurred by Contractor in procuring or maintaining such items. Responsibility for the costs and expenses incurred by Contractor in providing and maintaining such items is the sole responsibility and obligation of Contractor.
 
7. DISTRICT PROPERTY
A. Personal Property of District. Any personal property such as, but not limited to, protective or safety devices, badges, identification cards, keys, uniforms, vehicles, reference materials, furniture, appliances, etc. provided to Contractor by District pursuant to this Agreement is, and at the termination of this Agreement remains, the sole and exclusive property of District. Contractor will use reasonable care to protect, safeguard and maintain such items while they are in Contractor's possession. Contractor will be financially responsible for any loss or damage to such items, partial or total that is the result of Contractor's negligence.
 
B. Products of Contractor's Work and Services. Any and all compositions, publications, plans, designs, specifications, blueprints, maps, formulas, processes, photographs, slides, videotapes, computer programs, computer disks, computer tapes, memory chips, soundtracks, audio recordings, films, audio-visual presentations, exhibits, reports, studies, works of art, inventions, patents, trademarks, copyrights, or intellectual properties of any kind that  are created, produced, assembled, compiled by, or are the result, product, or manifestation of, Contractor's services or work under this Agreement are, and at the termination of this Agreement remain, the sole and exclusive property of the District. At the termination of the Agreement, Contractor will convey possession and title to all such properties to District.
 
8. WORKERS' COMPENSATION
Contractor shall provide Statutory Workers' Compensation insurance coverage and Employer’s Liability coverage for not less than One Million dollars ($l,000,000.00) per occurrence for all employees engaged in services or operations under this Agreement. Any insurance policy limits in excess of the specified minimum limits and coverage shall be made available to District as an additional insured. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of District for all work performed by Contractor, its
Sample Standard Agreement Project Manual
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-4   
employees, agents, and subcontractors.
 
9. INSURANCE
A. Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance (as noted) against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by Contractor, its agents, representatives, employees, or subcontractors.
 
MINIMUM SCOPE AND LIMITS OF INSURANCE
 
Coverage shall be at least as broad as:
 
  Commercial General Liability. A policy of Comprehensive General Liability Insurance which covers all the work and services to be performed by Contractor under this Agreement, including operations, products and completed operations, property damage, bodily injury (including death) and personal and advertising injury. Such policy shall provide limits of not less than One Million dollars ($1,000,000.00) per claim or occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
 
 Automobile Liability Insurance. A policy of Comprehensive Automobile/Aircraft/Watercraft Liability Insurance for bodily injury (including death) and property damage which provides total limits of not less than One Million dollars ($1,000,000.00) per claim or occurrence applicable to all owned, non-owned and hired vehicles/aircraft/watercraft. If the services provided under this Agreement include the transportation of hazardous materials/wastes, then the Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance covering materials/wastes to be transported by Contractor pursuant to this Agreement. Alternatively, such coverage may be provided in Contractor’s Pollution Liability policy.
 
Professional Errors and Omissions Liability Insurance. A policy of Professional Errors and Omissions Liability Insurance appropriate to Contractor’s profession in an amount of not less than One Million dollars ($l,000,000.00) per claim or occurrence or Two Million dollars ($2,000,000.00) general aggregate. If coverage is written on a claims-made form then: (l) the “retro date” must be shown, and must be before the beginning of contract work; (2) insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the contract work; and (3) if coverage if cancelled or non-renewed, and not replaced with another claims- made policy form with a “retro date” prior to the contract effective date, then Contractor must purchase “extended reporting” coverage for a minimum of five years after completion of contract work.
 
  Pollution Liability Insurance. A policy of Comprehensive Contractor’s Pollution Liability coverage applicable to the work being performed and covering Contractor’s liability for bodily injury (including death), property damage, and environmental damage resulting from “sudden accidental” or “gradual” pollution and related cleanup costs arising out of the work or services to be performed under this Agreement. Coverage shall provide a limit no less than One Million dollars ($1,000.000.000) per claim or occurrence and Two Million dollars ($2,000,000.00) policy aggregate. If the services provided involve lead-based paint or asbestos identification/remediation, the Pollution Liability policy shall not contain lead-based paint or asbestos exclusions.
 
B. Coverage and Provider Requirements. Insurance policies shall not exclude or except from coverage any of the services and work required to be performed by Contractor under this Agreement. The required polic(ies) of insurance shall be issued by an insurer authorized to sell such insurance by the State of California, and have at least a “Best’s” policyholder’s rating of “A” or “A+”. Prior to commencing any work under this agreement,
Sample Standard Agreement Project Manual
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-5   
Contractor shall provide District: (1) a certificate of insurance evidencing the coverage required; (2) an additional insured endorsement for general liability applying to the District, its agents, officers and employees made on ISO form CG 20 l0 ll 85, or providing equivalent coverage; and (3) a notice of cancellation or change of coverage endorsement indicating that the policy will not be modified, terminated, or canceled without 30 days written notice to District.
 
C. Deductible, Self-Insured Retentions, and Excess Coverage. Any deductibles or self-insured retentions must be declared and approved by District. If possible, the Insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to District, its officials, officers, employees, and volunteers; or the Contractor shall provide evidence satisfactory to District guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Any insurance policy limits in excess of the specified minimum limits and coverage shall be made available to District as an additional insured.
 
D. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance (including Workers’ Compensation) meeting all the requirements stated herein and that District is an additional insured on insurance required of subcontractors.
 
10. STATUS OF CONTRACTOR
All acts of Contractor, its agents, officers, and employees, relating to the performance of this Agreement, shall be performed as an independent contractor, and not as an agent, officer, or employee of District. Contractor, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of, or exercise any right or power vested in, District, except as expressly provided by law or set forth in Attachment A. No agent, officer, or employee of District is to be considered an employee of Contractor. It is understood by both Contractor and District that this Agreement shall not, under any circumstances, be construed to create an employer-employee relationship or a joint venture. As an independent contractor:
 
A. Contractor shall determine the method, details, and means of performing the work and services to be provided by Contractor under this Agreement.
 
B. Contractor shall be responsible to District only for the requirements and results specified in this Agreement, and except as expressly provided in this Agreement, shall not be subjected to District’s control with respect to the physical action or activities of Contractor in fulfillment of this Agreement.
 
C. Contractor, its agents, officers and employees are, and at all times during the term of this Agreement shall represent and conduct themselves as, independent contractors, and not employees of District.
 
11. DEFENSE AND INDEMNIFICATION
Contractor shall defend with counsel acceptable to District, indemnify, and hold harmless District, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorney’s fees, arising out of, resulting from or in connection with, the performance of this Agreement by Contractor, or Contractor’s agents, officers, or employees. Contractor’s obligation to defend, indemnify, and hold the District, its agents, officers, and employees harmless applies to any actual or alleged personal injury, death, damage or destruction to tangible or intangible property, including the loss of use. Contractor’s obligation under this paragraph extends to any claim, damage, loss, liability, expense, or other costs that are caused in whole or in part by any act or omission of the Contractor, its agents, employees, supplier, or anyone directly or indirectly employed by any of them, or anyone for whose acts or omissions any of them may be liable.
 
Contractor’s obligation to defend, indemnify, and hold the District, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to, or restricted by, any requirement in this Agreement for Contractor to procure and maintain a policy of insurance and shall survive any termination or expiration of this Agreement.
 
 
Sample Standard Agreement Project Manual
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-6   
12. RECORDS AND AUDIT
A. Records. Contractor shall prepare and maintain all records required by the various provisions of this Agreement, federal, state, county, municipal, ordinances, regulations, and directions. Contractor shall maintain these records for a minimum of four (4) years from the termination or completion of this Agreement. Contractor may fulfill its obligation to maintain records as required by this paragraph by substitute photographs, micrographs, or other authentic reproduction of such records.
 
B. Inspections and Audits. Any authorized representative of District shall have access to any books, documents, papers, records, including, but not limited to, financial records of Contractor, that District determines to be pertinent to this Agreement, for the purposes of making audit, evaluation, examination, excerpts, and transcripts during the period such records are to be maintained by Contractor. Further, District has the right, at all reasonable times, to audit, inspect, or otherwise evaluate the work performed or being performed under this Agreement.
 
13. NONDISCRIMINATION
During the performance of this Agreement, Contractor, its agents, officers, and employees shall not unlawfully discriminate in violation of any federal, state, or local law, against any employee, or applicant for employment, or person receiving services under this Agreement, because of race, religious creed, color, ancestry, national origin, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. Contractor and its agents, officers, and employees shall comply with the provisions of the Fair Employment and Housing Act (Government Code section l2900, et seq.), and the applicable regulations promulgated thereunder in the California Code of Regulations. Contractor shall also abide by the Federal Civil Rights Act of l964 (P.L. 88-352) and all amendments thereto, and all administrative rules and regulations issued pursuant to said Act.
 
14. TERMINATION This Agreement may be terminated by District without cause, and at will, for any reason by giving to Contractor 30 calendar days written notice of such intent to terminate. Contractor may terminate this Agreement without cause, and at will, for any reason whatsoever by giving to District 30 calendar days written notice of such intent to terminate.
 
Notwithstanding the foregoing, if this Agreement is subject to General Conditions (set forth as an Exhibit hereto), then termination shall be in accordance with the General Conditions and this Paragraph l4 shall not apply.
 
15. ASSIGNMENT
This Agreement is an agreement for the personal services of Contractor. District has relied upon the skills, knowledge, experience, and training of Contractor as an inducement to enter into this Agreement. Contractor shall not assign or subcontract this Agreement, or any part of it, without the express written consent of the District. Further, Contractor shall not assign any moneys due or to become due under this Agreement without the prior written consent of District.
 
16. DEFAULT
If Contractor abandons the work, or fails to proceed with the work and services requested by District in a timely manner, or fails in any way as required to conduct the work and services as required by District, District may declare Contractor in default and terminate this Agreement upon five (5) days written notice to Contractor. Upon such termination by default, District will pay to Contractor all amounts owing to Contractor for services and work satisfactorily performed to the date of termination.
 
17. WAIVER OF DEFAULT
Waiver of any default by either party to this Agreement shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided in paragraph 23 below.
Sample Standard Agreement Project Manual
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-7   
 
18. CONFIDENTIALITY
Contractor agrees to comply with various provisions of the federal, state, and county laws, regulations, and ordinances providing that information and records kept, maintained, or accessible by Contractor in the course of providing services and work under this Agreement, shall be privileged, restricted, or confidential. Contractor agrees to keep confidential, all such privileged, restricted or confidential information and records obtained in the course of providing the work and services under this Agreement. Disclosure of such information or records shall be made by Contractor only with the express written consent of the District.
 
19. CONFLICTS
Contractor agrees that he/she has no interest, and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the work and services under this Agreement. Contractor agrees to complete and file a conflict-of-interest statement.
 
20. POST-AGREEMENT COVENANT
Contractor agrees not to use any confidential, protected, or privileged information that is gained from District in the course of providing services and work under this Agreement, for any personal benefit, gain, or enhancement. Further, Contractor agrees for a period of two (2) years after the termination of this Agreement, not to seek or accept any employment with any entity, association, corporation, or person who, during the term of this Agreement, has had an adverse or conflicting interest with District, or who has been an adverse party in litigation with District, and concerning such, Contractor by virtue of this Agreement has gained access to District’s confidential, privileged, protected, or proprietary information.
 
21. SEVERABILITY
If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction, or if it is found in contravention of any federal, state, or county statute, ordinance, or regulation, the remaining provisions of this Agreement, or the application thereof, shall not be invalidated thereby, and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
 
22. FUNDING LIMITATION
The ability of District to enter into this Agreement is based upon available funding from various sources. In the event that such funding fails, is reduced, or is modified, from one or more sources, District has the option to terminate, reduce, or modify this Agreement, or any of its terms within ten (l0) days of notifying Contractor of the termination, reduction, or modification of available funding. Any reduction or modification of this Agreement effective pursuant to this provision must comply with the requirements of paragraph 23.
 
23. AMENDMENT
This Agreement may be modified, amended, changed, added to, or subtracted from, by the mutual consent of the Parties, if such amendment or change order is in written form, and executed with the same formalities as this Agreement or in accordance with delegated authority therefor, and attached to the original Agreement to maintain continuity.
 
24. NOTICE
Any notice, communication, amendments, additions or deletions to this Agreement, including change of address of any party during the term of this Agreement, which Contractor or District shall be required, or may desire to make, shall be in writing and may be personally served, or sent by prepaid first-class mail or email (if included below) to the respective parties as follows:
 
Sample Standard Agreement Project Manual
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-8   
If to District:
 
Hilton Creek Community Services District  General Manager 3222 Crowley Lake Drive Crowley Lake, CA 93546
 
If to Contractor: Click here to enter text.  Click here to enter text.  Click here to enter text.  Click here to enter text.  Click here to enter text.
 
25. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties, and no representations, inducements, promises, or agreements otherwise between the parties not embodied herein or incorporated herein by reference, shall be of any force or effect. Further, no term or provision hereof may be changed, waived, discharged, or terminated, unless executed in writing by the parties hereto.
 
 
IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS AND SEALS THIS     DAY OF      , 2019.
 
HILTON CREEK COMMUNITY SERVICES DISTRICT  CONTRACTOR
 
 
By:         By:        
 
Dated:        Dated:        
 
        Taxpayer's Identification or Social Security         Number:       
 
 
 
Sample Standard Agreement Project Manual
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-9   
ATTACHMENT A
 
AGREEMENT BETWEEN HILTON CREEK COMMUNITY SERVICES DISTRICT AND Click here to enter text. FOR THE CONSTRUCTION OF THE JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT
 
TERM:
 
FROM:  Click here to enter text. TO: Click here to enter text.
 
 
SCOPE OF WORK:
 
 
District has selected, and Contractor shall construct, all work described on the project plans.
 
The major work items of this the JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT, Project No. 2019-1 (“Project”) are to preserve and maintain existing asphalt concrete by the application of a slurry seal on Juniper Drive and Pinon Drive and placement and compaction of shoulder backing at select locations; painting of roadway markings to match existing upon completion of the slurry seal; and other items or details not mentioned above that shall be performed, placed, constructed, or installed in accordance with the Project’s Invitations for Bids and the Contract Documents, including the Project Manual, Project Plans, and the Standard Specifications (2015) and the Standard Plans (2015) issued by the California Department of Transportation, as they may have been amended for District’s use.
 
Tasks performed in completing the Project shall follow generally-accepted practices for the construction industry and shall meet the minimum requirements and guidelines established by federal, state, and local agencies. Work tasks shall be coordinated with District's General Manager.
 
Note: This Agreement and Scope of Work includes and is subject to the provisions of the Contract Documents, including Project Manual, Project Plans, and the General Prevailing Wage Rates established by the California Department of Industrial Relations in effect on the date of this Agreement, which documents are attached hereto and/or by this reference incorporated herein.
 
SCHEDULE OF FEES: See Bid Schedule set forth in Attachment B of this Agreement and incorporated herein.
 
WORK SCHEDULE: See Contract Documents, attached hereto and incorporated herein. Completion of site improvements shall be specified by the District in a Notice of Completion filed in the Office of the County Recorder.

 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-10
 
 
 
 
 
 
 
 
 
This page intentionally left blank
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-11
 
 
Sample Standard Agreement Project Manual
 
ATTACHMENT B
 
AGREEMENT BETWEEN HILTON CREEK COMMUNITY SERVICES DISTRICT AND Click here to enter text. FOR THE CONSTRUCTION OF THE JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT
 
TERM:
 
FROM:  Click here to enter text. TO: Click here to enter text.
 
SCHEDULE OF FEES:
 
 
See Bid Schedule, attached hereto and incorporated herein as Attachment B2. The total project cost shall not exceed Click here to enter text. dollars ($Click here to enter text. ), unless otherwise authorized by the District in writing prior to Contractor incurring additional expenses. Upon the District’s written approval and authorization to proceed, payment shall be made for any additional items or tasks not initially specified in Attachment A (Scope of Work) attached to the Agreement and incorporated herein.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-12
 
 
 
 
 
 
 
 
 
 
 
This page intentionally left blank
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-13  
EXHIBIT 1
 
AGREEMENT BETWEEN HILTON CREEK COMMUNITY SERVICES DISTRICT AND Click here to enter text. FOR THE CONSTRUCTION OF THE JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT
 
GENERAL CONDITIONS
 
SECTION 1. GENERAL
 
1.1 DEFINITIONS AND TERMS.
Where the following terms are used in these General Conditions, the intent and meaning shall be interpreted as identified in the Standard Specifications and as follows:
 
A. ADMITTED SURETY INSURER (or, SURETY): A corporate insurer or inter-insurance exchange to which the State Insurance Commissioner has issued a certificate of authority to transact surety insurance in California, as defined in Section 105 of the Insurance Code.
B. AWARD:  The acceptance by the County of the successful bidder’s proposal.
C. CALENDAR DAY: Unless otherwise specified, days or calendar days means each and every day shown on the calendar, Saturdays, Sundays, and holidays included.
D. CHANGE ORDER: A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. E. CONTRACT (or, CONTRACT DOCUMENTS): The written and executed agreement between the District and the Contractor covering the work to be performed. The written agreement consists of all attachments as well as all documents incorporated by reference and shall include, but is not limited to, the agreement, performance bond, labor and materials payment bond, any required insurance certificates, the project manual, any addenda issued to bidders, and the project plans. F. CONTRACTOR: The business entity entering into a contract with the District for the performance of the work. G. CONTRACT ITEM (or, PAY ITEM): A specific unit of work for which a price is provided in the Contract. H. CONTRACT TIME: The number of calendar days or working days, for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. I. DISTRICT:  The Hilton Creek Community Services District, a political subdivision of the County of Mono.
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-14
Exhibit 1: General Conditions Project Manual
 
 
J. ENGINEER: The individual, partnership, firm, or corporation duly authorized by the District to be responsible for engineering supervision of the contract work and acting directly or through an authorized representative.
K. EQUIPMENT: All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work.
L. EXTRA WORK: An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the General Manager to be necessary to complete the work within the intended scope of the contract as previously modified. M. INSPECTOR: An authorized representative of the General Manager assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. N. LABORATORY: The laboratory or laboratories authorized by the District to test materials and work involved in the contract. O. LIQUIDATED DAMAGES: the daily amount set forth in these General Conditions to be deducted from the contract price to cover additional costs incurred by a local agency because of the contractor’s failure to complete the contract work within the number of calendar days or workdays specified.
P. NOTICE TO PROCEED: A written notice from the District to the Contractor to begin the actual contract work on the Project. If applicable, the Notice to Proceed shall state the date on which the contract time begins. Q. PROJECT: The construction, installation, placement, alteration, or repair of any improvement of any kind, which is required directly or indirectly by the contract. R. SPECIFICATIONS: A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if physically included in the contract.
S. STANDARD PLANS: State of California Department of Transportation, 2015 edition of the Standard Plans
T. STANDARD SPECIFICATIONS: State of California Department of Transportation, 2015 edition of the Standard Specifications
U. SUPERINTENDENT: The Contractor’s executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the General Manager, and who shall supervise and direct the construction.
V. SURVEYOR: The individual, partnership, firm, or corporation duly authorized by the Contractor to be responsible for verifying placement of the work and acting directly or through an authorized representative.
W. UNEXCUSABLE DELAY: a delay that does not entitle the Contractor to an adjustment of the Contract Limit and does not entitle the Contractor to an adjustment of the Contract Time.
X. WORK: The construction and services required by the Contract, whether completed in whole or partially completed, and includes all labor, materials, equipment, tools, supplies, tax, transportation, and services provided or to be provided by the Contractor to fulfill Contractor’s obligations. The Work may constitute the whole or a part of the Project. Z.  WORKING DAY: A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-15
Exhibit 1: General Conditions Project Manual
 
 
6 hours toward completion of the contract. Unless work is suspended for causes beyond the Contractor’s control, Saturdays, Sundays, and holidays on which the Contractor’s forces engage in regular work, requiring the presence of an inspector, will be considered working days.
 
 
1.2 ORDER OF PRECEDENCE OF DOCUMENTS.
In the event of a conflict between the Agreement (including any attachment or exhibit thereto); the Invitation for Bids and Instructions to Bidders; the Project Plans; the Technical Specifications; the 2015 State of California, Department of Transportation, Standard Specifications and Standard Plans; and the Quality Assurance Program (QAP), the Contractor shall immediately notify the District.  The District shall have the sole discretion to decide to resolve any such conflict by deciding which document or provision shall govern.
 
SECTION 2.  PERFORMANCE OF WORK
 
2.1 USE OF PREMISES, HOURS OF WORK, CONTACT INFORMATION AND PUBLIC NOTIFICATION.
A. Work occurring within 500 feet of a residential or commercial occupancy shall be limited to the hours between 7:00 am and 7:00 pm Monday through Saturday (Sunday operations shall be limited to hours between 9:00 am and 5:00 pm). Concrete pouring is limited to daylight hours between sunrise and sunset.
B. Unless otherwise provided, the Contractor accepts full control of any vehicles, equipment, material, or other property delivered to the site in the performance of services and work for the Project. The Contractor is solely responsible for ensuring the security and protection of such vehicles, equipment, materials, property, and Work. The District accepts no responsibility for the security, safety, or liability of said vehicles, equipment, material, property, or work until final acceptance of the Work. The Contractor understands that the project site is a public area and, as such, there may be vandalism or obstructions, protrusions, and undesirable materials on and under the ground surface that may result in damage to the Contractor’s vehicles, equipment, materials, project work, or other property.
C. Authorized representatives or agents of the General Manager and District, state, or federal government shall have the right to enter the project site at any time during execution of the Work for any purpose that will not unreasonably interfere with the Contractor’s use, including, but not limited to, the conduct of its own business, facility inspection, or inspection to ensure compliance with the terms and conditions of the Project.
D. 24 Hour Contact Number - The Contractor shall assign a project superintendent and an assistant who have the complete authority to make decisions on behalf of the Contractor. The project superintendent or the assistant shall be at the project site at all times during the construction and shall be available and on call 24 hours a day, 7 days per week for the duration of the project. The Contractor shall provide the General Manager and the Mono County Sheriff’s Department primary and secondary 24-hour mobile phone numbers for the project superintendent and the assistant. These numbers shall not automatically direct calls to a recorder or other message taking service.
E. Advance Public Notification – At least 7 days and no more than 14 days prior to beginning any work on the project, the Contractor shall deliver written notice to all adjoining residents, businesses, tenants, to the fire department and law enforcement agency having jurisdiction over the project area, and other applicable parties listed below. Notice shall be given for general construction activity in an area as well as specific activities that will, in any way, inconvenience residents/property owners/tenants or affect their operations or access to their property. Such notices shall include the expected date for start of construction, a general description of the construction activity to take place, expected duration, and the name, address, and contact number
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-16
Exhibit 1: General Conditions Project Manual
 
 of the Contractor’s superintendent and of the General Manager. A follow up notice shall be distributed two days prior to the construction activity. Copies of all notices shall be provided to the General Manager for approval five working days prior to the desired distribution date.
 
NOTICE SHALL ADDITIONALLY BE PROVIDED TO THE FOLLOWING, OR AS FOLLOWS:
 
Long Valley Fire Protection District Mono County Department of Public Works Mono County Sheriff’s Department Southern CA Edison
 
F. Vehicular access – Vehicular access to and from commercial and residential driveways and parking lots shall be maintained at all times, except when performing items of work that cannot be accomplished without access restriction.
 
2.2 OTHER PROJECTS.
The Contractor is advised that other projects may be taking place at the site at the same time as this Project. The Contractor will make every effort to coordinate his work with that of other contractors.
 
2.3 PROTECTION OF PROPERTY.
Attention is directed to Section 5-1.36, “Property and Facility Preservation,” of the Standard Specifications. The Contractor shall take all reasonable precautions to preserve and protect all on-site and surrounding public and private property to prevent damage of all kinds to existing structures, signs, fences, gates, roads, drainage facilities, monitoring wells, equipment, and the environment arising from the execution of this Contract, unless otherwise called for on Project Plans or in these General Conditions. In addition, the Contractor shall be responsible for the preservation and protection of all land monuments and property markers.
 
In addition to its obligations pursuant to the Agreement to defend, indemnify, and hold the District harmless, the Contractor shall replace, repair, and/or be responsible for any damage or injury to property of any character during the prosecution of the Work, resulting from any act, omission, neglect, or misconduct in the Contractor’s manner or method of executing the Work, or at any time due to defective work or materials, and said responsibility shall not be released until the Project is completed and accepted. Repairs or replacement required as a result of such damage shall be performed to the District’s satisfaction and at no additional cost to the District.
 
It is the Contractor’s responsibility to identify and document any property or site damage that exists prior to the start of construction. If undocumented damage is discovered by the District that could have been caused as a result of the Contractor’s presence, it will be the Contractor’s responsibility to repair the damage to the District’s satisfaction without cost to the District. If the Contractor does not repair the damage to the District’s satisfaction, the District has the right, after 48 hours of written notification, to repair the damage and charge the Contractor for all expenses associated with the repair.
 
The Contractor shall be responsible for the safety of all persons at or near the project site as it pertains to the Project. The Contractor shall provide signage, temporary protective fencing, or covering over any open trenching, excavation, or other hazardous situation arising from the execution of the Work, to keep out unauthorized persons, at no additional cost to the District.
 
3 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all federal, state, and local laws and regulations controlling pollution of the environment. All necessary precautions shall be taken to prevent pollution of streams, drainage channels, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-17
Exhibit 1: General Conditions Project Manual
 
 and to prevent pollution of the atmosphere from particulate and gaseous matter. Any fuel or lubricants stored on-site shall be in appropriate and secure containers provided with secondary containment.
 
3.1 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES.
Should the Contractor encounter 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, and shall immediately cease work in the affected area and immediately report the condition to the General Manager in writing.
 
In accordance with Section 25914.1 et seq. of the Health and Safety Code, all such removal of asbestos or hazardous substances, including any exploratory work to identify and determine the extent of such asbestos or hazardous substance, shall be performed by a person properly licensed to perform such work and shall be performed by separate contract if the presence of asbestos or hazardous substances is not disclosed in the bid documents.
 
3.2 ARCHAEOLOGICAL AND HISTORICAL FINDINGS.
Should the Contractor encounter, during its operations, any building, part of a building, structure, or object which is incongruous with its surroundings, the Contractor shall immediately cease operations in that location and notify the General Manager. The General Manager will immediately investigate the Contractor’s finding and will direct the Contractor either to resume its operations or to suspend operations as directed.
 
Should the General Manager order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such work shall be covered by an appropriate contract modification (change order, amended or supplemental agreement).
 
 
SECTION 3. ACKNOWLEDGEMENTS, DISCLOSURES, CERTIFICATIONS AND AFFIDAVITS
 
3.1 DEBARMENT AND SUSPENSION CERTIFICATION
 
Contractor’s signature affixed to the Agreement, shall constitute a certification under penalty of perjury under the laws of the State of California, that Contractor has complied with Title 2 CFR Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (non-procurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined to be of ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and 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 three (3) years.  Any exceptions to this certification must be disclosed to the District.
 
3.2 NATIONAL LABOR RELATIONS BOARD CERTIFICATION
 
Contractor’s signature affixed to the Agreement, shall constitute a certification under penalty of perjury under the laws of the State of California that no more than one final unappealable finding of contempt of court by a federal court has been issued against Contractor within the immediately preceding two-
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-18
Exhibit 1: General Conditions Project Manual
 
 
year period because of Contractor’s failure to comply with a court order to comply with an order of the National Labor Relations Board.
 
3.3 APPLICABILITY TO SUBCONTRACTORS
 
The certification and disclosure of lobbying activities forms provided in the Project Manual and/or the Agreement shall be included in each subcontract and any lower-tier contracts exceeding $10,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the General Manager.
 
3.4 QUARTERLY DISCLOSURES
 
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, subcontractor, or lower-tier contractor. 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), employees(s), or member(s) contacted to influence or attempt to influence a covered Federal Action.
 
 
SECTION 4. SUBCONTRACTORS
 
4.1 SUBCONTRACTING.
No subcontract releases the Contractor from the contract or relieves the Contractor of its responsibility for a subcontractor’s work.
 
If the Contractor violates Public Contract Code § 4100 et seq., the District may exercise the remedies provided under Public Contract Code § 4110 and may refer the violation to the Contractors State License Board as provided under Public Contract Code § 4111.
 
The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators.
 
Each subcontract must comply with the Agreement and all contract documents including, but not limited to insurance requirements. Subcontractor shall provide all certificates and other required documentation/proof of insurance to Contractor, and Contractor shall make such documents available to District upon its request.
 
Each subcontractor must have an active and valid State contractor’s license with a classification appropriate for the work to be performed (Bus & Prof Code, § 7000 et seq.).
 
The Contractor shall submit copies of subcontracts upon request by the General Manager. Before subcontracted work starts, the Contractor shall submit a Subcontracting Request form to the General Manager. The Contractor shall not use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations web site at: http://www.dir.ca.gov/dlse/debar.html
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-19
Exhibit 1: General Conditions Project Manual
 
 
Upon request by the General Manager, the Contractor shall immediately remove and not again use a subcontractor who fails to prosecute the Work satisfactorily.
 
If the work involves Federal funds, each subcontract and any lower-tier subcontract that may in turn be made shall include the “Required Contract Provisions Federal-Aid Construction Contract” located in the Federal Provisions within the Project Manual.
 
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.
 
4.2 PERFORMANCE OF SUBCONTRACTORS
The bid shall list the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder’s attention is invited to other provisions of the Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.
 
4.3 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS.
A prime contractor or subcontractor shall pay any subcontractor not later than 7 days from receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 7 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the District’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanctions and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance or noncompliance by a subcontractor.
 
4.4 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS.
Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the District’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. 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, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
 
Please refer to the Federal Provisions (for contracts involving Federal funds), attached to the Agreement for further information. Where the Federal Provisions apply, they shall supersede and replace this section 4.4 to the extent inconsistent herewith.
 
4.5 APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965.
This project is not funded under the Appalachian Regional Development Act of 1965, therefore, page FP-13 of the Federal Provisions (if Federal Provisions are included in the contract) does not apply to this contract.
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-20
Exhibit 1: General Conditions Project Manual
 
 
 
 
SECTION 5.  PROJECT IMPLEMENTATION
 
5.1 PRE-CONSTRUCTION CONFERENCE.
Prior to Contractor mobilization, a pre-construction conference will be held at a location, date, and time to be determined by the District for the purpose of discussing with the Contractor the scope of work, Project Plans, Technical Specifications, Special Provisions, existing conditions, coordination with disposal site operations, equipment and material storage locations, materials testing and construction quality assurance, and all essential matters pertaining to the prosecution of and the satisfactory completion of the Project as required. The Contractor’s representative at this conference shall include all major superintendents for the work and may include subcontractors.
 
5.2 PROSECUTION AND PROGRESS.
The Contractor shall submit a progress schedule for the General Manager’s approval within 10 calendar days after the date of the Notice to Award. The Contractor’s progress schedule, when approved by the General Manager, may be used to establish major construction operations and to check on the progress of the Work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the Project in accordance with and within the time set forth in the Contract Documents.
 
If, in the sole judgment of the General Manager, the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the General Manager's request, submit a revised schedule for completion of the Work within the contract time and modify its operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the Work be discontinued for any reason, the Contractor shall notify the General Manager at least 24 hours in advance of resuming operations.
 
5.3 ORDER OF WORK.
The project site is located in a climate that can experience freezing temperatures throughout the year. While determination of the means, methods, techniques, sequences, and procedures of construction are the responsibility of the Contractor, such sequencing and procedures must bear climatic conditions in mind. Work shall be scheduled and protected such that inclement weather does not damage the Work or result in a hazardous condition.
 
 
SECTION 6.  PROJECT ADMINISTRATION
 
6.1 GENERAL.
Changes and Extra Work: The District may make changes within the scope of work and add extra work. The General Manager describes the changes and extra work, the payment basis, and any time adjustment in a Change Order. A Change Order is approved when the District signs the Change Order. Until the District approves a Change Order, continue to perform the work under the Contract unless the General Manager orders you to start the work described in the Change Order before its approval. Submit detailed cost data for a unit price adjustment for a bid item if (1) the General Manager requests the data or (2) you request a unit price adjustment resulting from a change of more than 25 percent in the bid item's quantity.
 
 
 
 
 
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-21
Exhibit 1: General Conditions Project Manual
 
 Control of Work: Attention is directed to Section 4-1.05, “Changes and Extra Work,” and applicable portions of Section 5, “Control of Work,” Section 7, “Legal Relations and Responsibility to the Public,” and Section 8, “Prosecution and Progress,” of the Standard Specifications with respect to administration of this contract and the Project.
 
6.2 OMITTED ITEMS.
The District may, if in its best interest, omit from the Work any Contract Item. Such omission shall not invalidate any other Contract provision or requirement. Should a Contract Item be omitted or otherwise ordered to be non-performed, the Contractor shall be paid for all work performed toward completion of such an item prior to the date of the order to omit such item.
 
6.3 CONTRACTOR REPRESENTATION.
The District will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented in person by either a qualified, competent Superintendent or by another designated, qualified, competent representative who is duly authorized to receive and execute orders of the General Manager. The Superintendent shall be satisfactory to the District and shall not be changed except with the express written consent of the District unless the ceases to be in its employ.
 
All communications given to the Superintendent or other authorized representative shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. An authorized representative of the Contractor shall be available for emergency telephone communications from the District on a 24-hour, seven days per week basis during the performance of the Work.
 
6.4 CONTRACTOR PERSONNEL.
The Contractor shall at all times enforce strict discipline and good order among its employees and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him or her. The Contractor shall ensure that all workers have sufficient skill and experience necessary to properly perform the work assigned to them and that workmanship shall be of the best trade practice, regardless of the quality of materials. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. The Contractor shall provide, at all times, sufficient and competent labor to carry on the work properly and ensure completion of each part in accordance with the Project Plans, these General Conditions, the Special Provisions, any QAP, and the approved schedule.
 
An employee of the Contractor or subcontractor who is deemed by the District to be incompetent, disorderly, or otherwise objectionable shall be promptly removed by the Contractor and not reemployed on the Work.
 
6.5 METHODS AND EQUIPMENT.
The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the Work to full completion in the manner and time required by the Contract Documents.
 
All equipment used on the Work shall be of sufficient size and in such mechanical condition as to meet requirements of the Work and to produce a satisfactory quality of work. Equipment used on any portion of the Work shall be such that no injury to previously completed work, adjacent property, or existing facilities will result from its use.
 
When the methods and equipment to be used by the Contractor in accomplishing the Work are not prescribed in the Contract Documents, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the Contract Documents.
Exhibit 1: General Conditions Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-22
 
 
6.6 PARTIAL PAYMENTS.
Unless otherwise agreed by the District, no partial payment will be made for any materials on hand which have been furnished but not incorporated into the work.
 
6.7 FINAL ACCEPTANCE.
Upon due notice from the Contractor of presumptive completion of the entire Project, the General Manager and Engineer will make an inspection. If all construction provided for and contemplated by the Contract is found to be completed in accordance with the Contract Documents, such inspection shall constitute the final inspection. The District shall notify the Contractor in writing of final acceptance as of the date of the final inspection.
 
If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the District will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the District will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection.
 
The completion of the contract will be accepted and Notice of Completion recorded by the District only when the entire contract is completed satisfactorily to the District.
 
6.8 CLAIMS FOR ADJUSTMENT AND DISPUTES.
If for any reason the Contractor deems that it is due additional compensation for work or materials not clearly provided for in the Contract Documents or previously authorized as extra work, the Contractor shall notify the District in writing of its intention to claim such additional compensation 24 hours before beginning the work on which the claim is based. If such notification is not given or the District is not afforded a proper opportunity by the Contractor to keep strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the General Manager has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 14 calendar days, submit its written claim to the District for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor’s right to dispute final payment based on differences in measurements or computations.
 
Claims falling within the provisions of California Public Contract Code section 9204 shall be processed in accordance with that section.
6.9 FORCE MAJEURE.
 
Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include, but are not limited to:
 
a) Acts of God or of the public enemy, and
 
b) Acts of the federal or State government in either its sovereign or contractual capacity.
 
If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform.
Exhibit 1: General Conditions Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-23
 
 
6.10 WARRANTY AND GUARANTEE.
The Contractor warrants to the District that all materials furnished under this Contract shall be new unless otherwise specified and that all Work, including without limitation all materials, will be of good quality, free from faults and defects and in conformance with contract requirements. Any work not so conforming to these standards may be considered defective. The obligations of the Contractor in this subsection shall be in addition to, and not in limitation of, any obligations imposed upon it by those guarantees required by the contract or otherwise prescribed by law.
 
Neither the recordation of a Notice of Completion, nor the final certification or payment, nor any provision of the Contract or partial or entire use or occupancy of the premises by the District shall constitute an acceptance of the Work not performed in accordance with the Contract or relieve the Contractor of liability with respect to any express warranties or responsibility for faulty materials or workmanship.
 
The Contractor agrees that all work and materials provided under this contract are guaranteed for a period of one year against defects of any kind or nature and that any defective work or materials resulting from the Contractor’s negligence will be repaired or replaced by the Contractor at its own expense immediately upon notification by the District. The Contractor shall furnish a warranty bond in the amount of 10 percent of the contract price as provided for and meeting the requirements specified in the Agreement. The warranty bond shall be furnished and approved prior to final payment and release and shall remain in effect for the duration of the guarantee period to insure the repair or replacement of defective work or materials. The one-year guarantee period shall commence on the day of recordation of the Notice of Completion.
 
The District will give notice of observed defects with reasonable promptness. The District is authorized to make such repairs and charge the Contractor the actual costs of such necessary labor and material, if, within 14 calendar days after mailing a notice in writing to the Contractor or its agent, the Contractor neglects to make or undertake with due diligence the aforesaid repairs; provided, however, that in the case of an emergency where, in the opinion of the District, delay would cause hazard to health or serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof.
 
If after installation and acceptance, the Work provided for under this Contract proves to be unsatisfactory to the District, the District shall have the right to use the Work until it can, without damage to the District, be taken out of service for correction or replacement. Such period of use of the defective Work pending correction or replacement shall in no way decrease the guarantee period.
 
Nothing in this section shall be construed to limit, relieve or release the Contractor’s, subcontractor’s, and supplier’s liability to the District for damages sustained as the result of latent defects in the Work caused by the negligence of their respective agents, employees or subcontractors.
 
 
SECTION 7: TERMINATION
 
7.1 TERMINATION BY CONTRACTOR.
The Contractor shall have the right to terminate the Contract only upon the occurrence of one of the following:
1. Provided that District has not commenced reasonable action to remove any order of a court within the 90 day period, the Work is stopped for 90 consecutive days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to an issuance of an order of a court or other public authority having jurisdiction or due to an act of government, such as a declaration of a national emergency
Exhibit 1: General Conditions Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-24
 
 
making material unavailable.
2. The District fails to perform any material obligation under the Contract Documents and fails to cure such default within 30 days, or District has not commenced to cure such default within 30 days where such cure will require a reasonable period beyond 30 days and diligently prosecutes the same to completion, after receipt of notice from Contractor stating the nature of such default(s).
 
Upon occurrence of one of the events listed above, the Contractor may, upon 10 days additional notice to District and General Manager, and provided that the condition giving rise to Contractor's right to terminate is continuing, terminate the Contract.
 
Upon termination by Contractor, District will pay to Contractor the sum determined by Section 7.4 of these General Conditions. Such payment will be the sole and exclusive remedy to which Contractor is entitled in the event of termination of the Contract by Contractor pursuant to this section; and Contractor will be entitled to no other compensation or damages and expressly waives the same.
 
 
7.2 TERMINATION BY DISTRICT FOR CAUSE.
The District will have the right to terminate the Contract for cause or the Contractor’s right to perform the Contract for cause at any time after the occurrence of any of the following events:
1. Contractor becomes insolvent or files for relief under the bankruptcy laws of the United States.
2. Contractor makes a general assignment for the benefit of its creditors or fails to pay its debts as the same become due.
3. A receiver is appointed to take charge of Contractor's property.
4. The commencement or completion of any Work activity on the critical path is more than 6 days behind the date set forth in the Contract Schedule for such Work activity as a result of an Unexcusable Delay.
5. Contractor abandons the Work.
 
Upon the occurrence of any of the following events and subject to the clause entitled “Force Majeure”, the District will have the right to terminate the Contract for cause or the Contractor’s right to perform the Contract for cause if the Contractor fails to promptly commence to cure such default and diligently prosecute such cure within 5 days after notice from the District, or within such longer period of time as is reasonably necessary to complete such cure:
 
1. Contractor persistently or repeatedly refuses or fails to supply skilled supervisory personnel, an adequate number of properly skilled workers, proper materials, or necessary equipment to prosecute the Work in accordance with the Contract Documents.
2. Contractor fails to make prompt payment of amounts properly due subcontractors after receiving payment from District.
3. Contractor fails to follow applicable legal requirements.
4. Contractor persistently or materially fails to execute the Work in accordance with the Contract Documents.
5. Contractor is in default of any other material obligation under the Contract Documents.
6. Contractor persistently or materially fails to comply with applicable safety requirements.
Exhibit 1: General Conditions Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-25
 
 
Upon any of the occurrences referred to above the District may, at its election and by notice to the Contractor, terminate the Contract and take possession of the Project site and all materials, supplies, equipment, tools, and construction equipment and machinery thereon owned by Contractor; accept the assignment of any or all of the subcontracts; and then complete the Work by any method District may deem expedient. If requested by District, Contractor shall remove any part or all of Contractor's materials, supplies, equipment, tools, and construction equipment and machinery from the Project site within 7 days of such request; and if Contractor fails to do so, District may remove or store, and after 90 days sell, any of the same at Contractor's expense.
 
If the Contract or Contractor’s right to perform is terminated by the District as provided in this section, the Contractor shall not be entitled to receive any further payment until the expiration of 35 days after Final Completion and acceptance of all Work by District.
 
If the unpaid balance of the Contract Sum exceeds the cost of completing the Work, including all additional costs and expenses made necessary thereby, including costs for District staff time, plus all losses sustained, including any liquidated damages provided under the Contract Documents, such excess shall be paid to Contractor. If such costs, expenses, losses, and liquidated damages exceed the unpaid balance of the Contract Sum, Contractor shall pay such excess to District.
 
No termination or action taken by the District after termination shall prejudice any other rights or remedies of the District provided by law or by the Contract Documents upon such termination; and the District may proceed against the Contractor to recover all losses suffered by District.
 
Termination of the Contract does not relieve the surety of its obligation for any just claims arising out of the work performed.
 
7.3 TERMINATION BY DISTRICT FOR CONVENIENCE.
The District may, at its option, terminate this Contract, in whole or from time to time in part, at any time by giving notice to Contractor. Upon such termination, the Contractor agrees to waive any claims for damages, including loss of anticipated profits, on account thereof; and, as the sole right and remedy of the Contractor, the District shall pay the Contractor in accordance with this Section, below.
 
Upon receipt of notice of termination under this Section 7.3, Contractor shall, unless the notice directs otherwise, do the following:
 
1. Immediately discontinue the Work to the extent specified in the notice.
2. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued.
3. Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent they relate to the performance of the discontinued portion of the Work.
4. Thereafter, do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
Upon such termination, the obligations of the Contract shall be as set forth in section 7.4. Termination of the Contract does not relieve the surety of its obligation for any just claims arising out of the work performed.
 
 
 
 
 
Exhibit 1: General Conditions Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-26
 
 
7.4 PAYMENT ADJUSTMENT FOR TERMINATION.
 
Section 8-1.14E, “Payment Adjustment for Termination,” of the Standard Specifications is replaced in its entirety by the following language:
 
“Upon such termination, the District shall pay to Contractor the sum of the following:
1. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
2. Plus previously unpaid costs of any items delivered to the Project Site that were fabricated for subsequent incorporation in the Work.
3. Plus any proven losses with respect to materials and equipment directly resulting from such termination.
4. Plus reasonable demobilization costs.
5. Plus reasonable costs of preparing a statement of the aforesaid costs, expenses, and losses in connection with such termination.
 
The above payment shall be the sole and exclusive remedy to which the Contractor is entitled in the event of termination of the Contract by the District pursuant to Sections 7.2 or 7.3; and the Contractor will be entitled to no other compensation or damages and expressly waives same.”
 
 
SECTION 8. MATERIALS
 
8.1 MANUFACTURER’S SPECIFICATIONS AND RECOMMENDATIONS.
Wherever, in the Contract Documents, a particular brand or make of item is specified, the Contractor shall comply strictly with the specifications and recommendations of that manufacturer as to the installation and/or application of that particular item. This requirement shall be met with respect to the specifications and recommendations of the manufacturer of an “or equal” item approved by the Engineer and installed or applied by Contractor.
 
8.2 REFERENCE TO SPECIFICATIONS AND TRADE NAMES.
Where American Society for Testing Materials (ASTM) or other specifications or standards are mentioned, it shall be understood that the materials or methods mentioned therewith shall conform to all requirements of the same that are in effect on the date of bid submission.
 
Where the trade name of a product or the name of a product or the name of a manufacturer appears, it shall be understood to specify the product so identified or its “Approved Equal.” The words “Or Equal” or “Approved Equal” shall mean equal in the opinion of, and approval by, the Engineer. Any substitutions for products or manufacturers mentioned in the Contract Documents shall be submitted by the Contractor to the District for approval within 14 calendar days following the Award of Contract or as otherwise permitted in writing by the Engineer.
 
8.3 STORAGE OF MATERIALS.
Materials shall be stored as to assure the preservation of their quality and fitness for the Work. Stored materials, even if approved before storage, may again be inspected prior to their use in the Work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the District and the location of the Contractor’s plant and parked equipment or vehicles shall be as directed by the District. Private property shall not be used for storage purposes
Exhibit 1: General Conditions Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-27
 
 
without written permission of the owner or lessee of the property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the District a copy of the owner’s or lessee’s permission. All storage sites on private or District property shall be restored to their original condition by the Contractor at its entire expense, except as otherwise agreed to in writing by the District.
 
 
SECTION 9.  CONSTRUCTION DETAILS
 
9.1 ORDER OF WORK.
The location where Project improvements are to be constructed will be exposed to public traffic. The Contractor shall conduct operations so that conditions do not exist that would create a nuisance, hazard, or other damage. Appropriate safety measures, warning devices and protective devices shall be implemented to protect all workers, the traveling public, and the work.
 
9.2 SANITARY, HEALTH, AND SAFETY PROVISIONS.
The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of its employees as may be necessary to comply with the requirements of the State and local Health Department, or of other bodies or tribunals having jurisdiction.
 
Attention is directed to federal, State, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to that worker’s health or safety.
 
The General Manager and District shall have NO responsibility for job site safety. The Contractor and his subcontractors must execute their daily work in accordance with the latest edition of the Occupational Safety and Health Administration (OSHA).
 
9.3 CONSTRUCTION SITE NUISANCE.
The Contractor shall maintain preventative controls of blowing dust, noise, and other nuisances from construction work. No dogs or other animals are allowed within the project limits.
 
9.4 PUBLIC CONVENIENCE AND SAFETY.
The Contractor shall provide temporary protective fencing, barriers, and/or covering over any open trenching or excavation arising from the execution of this Contract, to keep out unauthorized persons, at no additional cost to the District. The cost for providing signage, barriers, or any other items associated with public convenience and safety shall be the sole responsibility of the Contractor and no additional payment will be allowed therefor.
 
Contractor shall comply with OSHA regulations applicable to Contractor regarding necessary safety equipment and procedures. Contractor shall comply with safety instructions issued by District. Contractor’s personnel shall wear hard hats and safety vests at all times while working at the project site. Pursuant to the authority contained in Section 591 of the Vehicle Code, District has determined that such areas are within the limits of the project and are open to public traffic. Contractor shall comply with all applicable requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Contractor shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. All subcontracts entered into by Contractor shall contain the above provisions.
 
 
 
 
Exhibit 1: General Conditions Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-28
 
 
9.5 HIGHWAY CONSTRUCTION EQUIPMENT. Attention is directed to Section 591 of the Vehicle Code and Sections 7-l.0lD, “Vehicle Code,” and 5- 1.37B, “Load Limits,” of the Standard Specifications. The Contractor shall take all necessary precautions for safe operation of its equipment and the protection of the public from injury and damage from such equipment.
 
9.6 PERMITS.
The Contractor shall give all notices as required and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as drawn and specified. If the Contractor observes that the Project Plans and Technical Specifications are at variance therewith, the Contractor shall notify the District promptly in writing, of any necessary changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the District, the Contractor shall bear all costs arising therefrom. Copies of permits shall be furnished to the District.
 
9.7 CONSTRUCTION LAYOUT AND STAKES.
The Contractor shall perform construction layout. If determined to be necessary by the Engineer, all staking on the project shall be performed by, or under, the direct supervision of a Professional Land Surveyor. The Contractor will be responsible for establishing and maintaining all survey controls and other layout that may be required for construction of the work.
 
9.8 TESTING AND INSPECTIONS.
Aside from materials testing and certifications required from the Contractor in the Quality Assurance Program (QAP), Technical Specifications, Standard Specifications, Special Provisions (if applicable) and/or these General Conditions, the District will provide testing services for installed work. Inspections shall be performed either: (1) as directed by the Engineer; or (2) pursuant to a written Inspection plan provided by District.
 
9.9 CONTRACTOR QUALITY CONTROL.
The Contractor shall be responsible for the quality of all materials entering into the work and of the work performed. The District and Engineer shall establish, maintain, and modify if needed, a quality control system that will provide assurance that materials and completed work conform to contract requirements. Where applicable, a copy of the QAP, which establishes testing frequency for materials incorporated into the work and criteria used to monitor the Contractor’s conformance with Project Plans and Technical Specifications, will be included in the Project Manual.
 
9.10 INSPECTION OF THE WORK.
All materials and each part or detail of the work shall be subject to inspection by the General Manager and Engineer. The General Manager and Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection.
 
If the General Manager or Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense.
 
Any work done or materials used without supervision or inspection by an authorized representative of the
Exhibit 1: General Conditions Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-29
 
 
District may be ordered removed and replaced at the Contractor’s expense unless the District’s representative failed to inspect after having been given reasonable notice in writing that the work was to be performed.
 
9.11 RETEST OF WORK.
When, as provided for in the Contract Documents, the District or Contractor performs sampling and test of the work and the tests show a failure to meet the requirements of the Special Provisions, the QAP, Technical Specifications, or Standard Specifications, the expense of re-testing, after re-working or substitution by the Contractor, will be at the expense of the Contractor, and such costs will be deducted from any amounts due to the Contractor.
 
9.12 MAINTENANCE DURING CONSTRUCTION.
The Contractor shall maintain the Work during construction and until the Work is accepted. This maintenance shall constitute continuous and effective Work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. All costs of maintenance work before the project is accepted shall be included in the unit prices bid on the various Contract Items, and the Contractor will not be paid an additional amount for such work.
 
Should the Contractor at any time fail to maintain the work as provided herein, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the District to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the District shall be deducted from monies due or to become due the Contractor.
 
 
SECTION 10.  OPERATIONS AND SAFETY
 
10.1 TEMPORARY CONTRACTOR FACILITIES.
At a minimum, the Contractor shall provide chemical toilets for use by contractor and subcontractor employees.  Chemical toilets shall be regularly serviced to maintain a clean and odorless facility.
 
The Contractor’s storage area shall be determined at the pre-construction conference. The Contractor shall secure at his own expense any area required for storage of equipment or materials, or for other supplies.
 
The District will not be responsible for providing telephone, electrical, water, sewer, or any other temporary utility for use by the Contractor.
 
The Contractor shall remove all equipment, materials, and rubbish from the work areas which it occupies and shall leave the areas in a clean, safe and presentable condition.
 
10.2 BORROW, DISPOSAL AND MATERIAL SITES.
The operation of any borrow or disposal sites used by the Contractor to produce or dispose of materials for this project shall comply with the requirements of the contract documents. All provisions for water pollution, air pollution, and sound control that apply within the limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor.
 
 
Exhibit 1: General Conditions Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-30
 
 
Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be considered as included in the contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor.
 
10.3 WATER SUPPLY.
The Contractor is responsible for making its own arrangements to obtain an adequate supply of water required for the proper construction of this project in accordance with the contract documents. The Contractor shall be responsible for all costs associated with obtaining construction water. If the Contractor uses non-potable water on the project, the sources and discharge of non-potable water shall meet the California Department of Health Services water reclamation criteria and the requirements of the Lahontan Regional Water Quality Control Board.
 
If used, non-potable water shall not be conveyed in tanks or drain pipes which will be used to convey potable water. There shall be no connection between non-potable water supplies and potable water supplies. Non-potable water supply, tanks, pipes, and other conveyances of non-potable water shall be labeled, “NON-POTABLE WATER—DO NOT DRINK.”
 
Full compensation for developing a water supply, loading, and transporting water, labeling as specified, and dust control and moisture-conditioning on the project site shall be considered included in the prices paid for the various Contract Items of work involving the use of water and no additional compensation will be allowed therefor.
 
The Contractor shall, whenever possible and not in conflict with the above requirements, minimize the use of water during construction of the project. Watering equipment shall be kept in good working order; water leaks shall be repaired promptly; and washing of equipment, except when necessary for safety or for the protection of equipment, shall be discouraged.
 
When ordered by the General Manager, a dust palliative conforming to the provisions of Section 18, “Dust Palliative,” of the Standard Specifications shall be used to control dust on this project. No direct payment shall be made for dust palliative. Payment for dust palliative shall be included in the cost of other work.
 
10.4 EXISTING FACILITIES.
The Contractor shall be responsible for protecting all existing structures and facilities from damage as a result of the Contractor’s activities. Any damage resulting from the Contractor’s operations shall be repaired immediately, at the Contractor’s expense.
 
 
SECTION 11.  PROGRESS MEETINGS
 
11.1 WEEKLY PROGRESS MEETINGS.
The General Manager will conduct Progress Meetings at regularly scheduled times convenient for all parties involved. Progress Meetings are in addition to specific meetings held for other purposes, such as coordination meetings. Discussions will address administrative and technical issues of concern, determining resolutions, and development of deadlines for resolution within allowable time frames.
 
11.2 ATTENDEES.
As may be required by the General Manager, in addition to representatives of the District and the Contractor, each subcontractor, supplier or other entity concerned with current progress or involved in planning, coordination or performance of future activities shall be represented at these meetings by individuals directly involved with the Contract and authorized to conclude matters relating to progress.
Exhibit 1: General Conditions Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-31
 
 
 
 
 
SECTION 14.  WORK SCHEDULE AND LIQUIDATED DAMAGES
 
14.1 BEGINNING OF WORK AND TIME OF COMPLETION.
The Contractor shall begin work on the date provided in the Notice to Proceed issued by the General Manager or his designee. The work shall be diligently prosecuted to completion before the expiration of 30 WORKING DAYS beginning on the date set forth in the Notice to Proceed. 14.2 LIQUIDATED DAMAGES.
The District expects the Contractor to perform its responsibilities and tasks as specified in these Contract Documents. The expectation is reasonable, within normally acceptable business practices, and in the best interest of the District and its residents. The Contractor acknowledges that the District, in entering this Agreement, has considered and relied on the Contractor’s representations as to its ability and commitment to quality and timeliness of service; that the provision of reliable and timely services is of utmost importance to the District; and that the District will suffer damages if the Contractor fails to fulfill its obligations under the Contract. The Contractor acknowledges that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages that the District will suffer and that liquidated or actual damages attach and will be payable from any funds due to the Contractor.
 
The liquidated damages described below, represent the projected financial loss and expenditures that may occur as a result of Contractor non-performance, including financial loss as a result of project delays. The District and Contractor agree that the liquidated damages provided for herein do not represent a penalty; rather, the liquidated damages represent a good faith effort by the District and Contractor to establish a reasonable estimate of the damages that will be incurred by the District in the circumstances described, considering all of the circumstances existing on the date of contract award, including the relationship of the sums to the range of harm to the District that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or inconvenient. This provision for liquidated damages for delay shall in no manner affect the District's right to terminate the Contract or the Contractor’s right to perform the Contract as provided elsewhere in the Contract Documents. The District's exercise of the right to terminate shall not release the Contractor from its obligation to pay said liquidated damages in the amount set out below.
 
The Contractor shall pay to the District the sum of $1,000.00 per day, as liquidated damages, for each and every working day's delay in finishing the work in excess of the number of working days prescribed above. This sum is based on the recommended calculation located in the Caltrans Local Assistance Procedures Manual at page 17-18 available at: http://www.dot.ca.gov/hq/LocalPrograms/lam/LAPM/ch12.pdf
 
14.3 BREACH.
 
If conditions of non-performance justifying the imposition of liquidated damages continue, they may amount to a material breach for which the District may pursue recovery of actual losses resulting from the Contractor’s failure to perform, and the District expressly reserves this right. The District shall notify the Contractor in writing, for any default specified herein, and such liquidated damages shall be paid by the Contractor within thirty (30) calendar days of the District’s notice. The Contractor’s failure to pay the assessed liquidated damages within the designated time-frame may be deemed by the District as a breach of contract.
Exhibit 1: General Conditions Project Manual
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-32
 
 
SECTION 15.  PROJECT CLOSEOUT
 
15.1 “As-Built” Drawings.
The Contractor shall maintain a set of accurate “as-built” drawings during the course of the project. Any project work completed that varies from the “as-built” drawings as issued shall be legibly noted on the “as-built” drawings in red ink. Both text and line work shall be used to reflect the changes. The “as-built” drawings shall be clearly labeled as “as-built” drawings and each sheet signed and dated by the Contractor, certifying that the information provided is accurate. At the completion of the project and prior to final payment, the “as-built” drawings shall be delivered to the District and, upon receipt, shall be maintained as the property of the District.
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-33
 
 
EXHIBIT 2
 
AGREEMENT BETWEEN HILTON CREEK COMMUNITY SERVICES DISTRICT AND Click here to enter text. FOR THE CONSTRUCTION OF THE JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT
 
PREVAILING WAGES AS OF:  [DATE]
 
A. Determination.
The services and work to be provided by Contractor under this Agreement constitute a public work within the meaning of California Labor Code sections 1720 and 1720.3. Accordingly, and as required by California Labor Code section 1771, Contractor and any subcontractor under him, shall pay not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holiday and overtime work, to all workers employed in the execution of those services and work requested by the District as described in Attachment A (Scope of Work) of this Agreement that constitute a public work.  
 
B. Prevailing Wage Rate.
The general prevailing rate of per diem wages applicable to each class of worker employed in the execution of those services and work that constitute a public work under this Agreement has been determined by the Director of the California Department of Industrial Relations (hereinafter referred to as “Director”). Pursuant to California Labor Code section 1773.2, copies of the Director’s determination are on file at the Hilton Creek Community Services District office, 3222 Crowley Lake Drive, Crowley Lake, California, and are available to any interested party upon request.
 
C. Apprentices.
Pursuant to California Labor Code section 1777.5, properly registered apprentices performing services and work that constitute a public work, if any, shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed, and shall be employed only at the work of the craft or trade to which he or she is registered. In addition, Contractor and/or any subcontractor under him employing a registered apprentice to perform services or work that constitute a public work shall comply with the remaining requirements and provisions of California Labor Code section 1777.5, a copy of which is included at the end of this Exhibit 2.  The Contractor, as the prime contractor under any contract issued for the JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT, shall be responsible for complying with California Labor Code section 1777.5 for all apprenticeable positions and workers employed by the Contractor.
 
D. Penalty for Non-Payment of Prevailing Wages.
Pursuant to California Labor Code section 1775, Contractor, and any subcontractor under him, shall, as a penalty to the District, forfeit not more than Two Hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the general rate of per diem wages for the performance of services and work that constitute a public work, as determined by the Director, for the work or craft for which the worker is employed in the performance of services and work provided under this Agreement that constitute a public work, except as provided by California Labor Code section 1775(b). In addition, Contractor and/or any subcontractor under him shall comply with and be subject to the remaining requirements and provisions of California Labor Code section 1775, a copy of which is included at the end of this Exhibit 2.    
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-34
 
 
E. Payroll Records.
Pursuant to California Labor Code section 1776, Contractor, and any subcontractor under him, shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the performance of the services and work requested by the District, as described in Attachment A (Scope of Work) of this Agreement.
 
F. Inspection of Payroll Records.
Contractor, and any subcontractor under him, shall comply with each of the additional requirements set forth in California Labor Code section 1776, regarding: (1) the form of records; (2) the provision of records upon request to the District, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the California Department of Industrial Relations; and, (3) the inspection of records by the public.  
 
G. Posting of Prevailing Wages at Job Site.
Pursuant to California Labor Code section 1773.2, Contractor shall post at each job site in connection with this Agreement a copy of the Director’s determination of the general prevailing rate of per diem wages for each classification of worker required in the execution of those services and work requested by the District, as described in Attachment A (Scope of Work)  of this Agreement that constitute a public work.
 
H. Hours.
Pursuant to California Labor Code section 1810, the time of service of any worker employed by Contractor, or by any subcontractor under him, in the performance of services and work requested by the District, as described in Attachment A (Scope of Work) of this Agreement that constitute a public work, is limited and restricted to eight (8) hours during any one (1) calendar day and 40 hours during any one (1) calendar week, except as otherwise provided by the California Labor Code.
 
I. Overtime.
Pursuant to California Labor Code section 1815, the performance of services and work, as described in Attachment A (Scope of Work) of this Agreement that constitute a public work by employees of Contractor, or employees of any subcontractor under him, in excess of eight hours per calendar day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight hours per calendar day at not less than one and one-half (1½) times the basic rate of pay.  
 
J. Records of Hours.
Contractor, and any subcontractors under him, shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the performance of the services and work requested by the District that constitute a public work, as described in Attachment A (Scope of Work) of this Agreement. The record shall be kept open at all reasonable hours to the inspection of the District and to the Division of Labor Standards Enforcement as required by California Labor Code section 1812.
 
K. Penalty for Violation of Work Hours.
Pursuant to California Labor Code section 1813, Contractor, and any subcontractor under him, shall, as a penalty to the District, forfeit twenty-five dollars ($25.00) for each worker employed by the respective contractor or subcontractor in the execution of the services and work requested by the District that constitute a public work, as described in Attachment A (Scope of Work) of this Agreement, for each
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-35
 
 
calendar day during which the worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and 40 hours in any one calendar week.  
 
L. Registration with DIR and Compliance Monitoring.
Pursuant to California Labor Code section 1725.5, unless subject to the limited exceptions stated in Labor Code section 1771.1, no contractor or subcontractor may be qualified or listed in a bid proposal or awarded a contract for a public works project unless registered with the Department of Industrial Relations. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
 
 
CALIFORNIA LABOR CODE SECTIONS
 
California Labor Code Section 1775:
 
(a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
 
(2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
 
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
 
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
 
(B) (i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
 
(ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned.
 
(iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-36
 
 
1777.1.
 
(C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
 
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
 
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with.
 
(b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
 
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
 
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
 
(3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
 
(4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813.
 
(c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.
 
 
California Labor Code Section 1777.5:
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-37
 
 
 
(a) This chapter does not prevent the employment of properly registered apprentices upon public works.
 
(b) (1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
 
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
 
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
 
(1) The apprenticeship standards and apprentice agreements under which he or she is training.
 
(2) The rules and regulations of the California Apprenticeship Council.
 
(d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program’s standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-38
 
 
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months.
 
(f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities.
 
(g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
 
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification.
 
(i) A contractor covered by this section who has agreed to be covered by an apprenticeship program’s standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
 
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to5 hourly ratio, as set forth in this section for that craft or trade.
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-39
 
 
(k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
 
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent.
 
(2) The number of apprentices in training in the area exceeds a ratio of 1 to 5.
 
(3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis.
 
(4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
 
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
 
(m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract.
 
(2) (A) At the conclusion of the 2002–03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
 
(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
 
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program.
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-40
 
 
(iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship standards and requirements under this code.
 
(B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
 
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
 
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations.
 
(n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
 
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000).
 
(p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-41
 
 
EXHIBIT 3
 
AGREEMENT BETWEEN HILTON CREEK COMMUNITY SERVICES DISTRICT AND Click here to enter text. FOR THE CONSTRUCTION OF THE JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT
 
 
BOND REQUIREMENTS
 
Contractor shall furnish and maintain during the entire term of this Agreement or, if work or services do not begin as of the effective date of this Agreement, commencing at such other time as may be authorized in writing by the General Manager or his designee after consultation with the Board of Directors, the following bonds: l) a labor and materials payment bond in an amount equal to one hundred percent (100%) of the contract price; 2) a faithful performance bond in an amount equal to one hundred percent (100%)of the contract price; and, 3) upon project completion and acceptance by the District, a one-year warranty bond in an amount equal to ten percent (10%) of the contract price. The bonds shall comply with the requirements of California Civil Code Section 9554 and must be issued by an “Admitted Surety Insurer.” For purposes of this Agreement, an Admitted Surety Insurer means a corporate insurer or inter-insurance exchange to which the California State Insurance Commissioner has issued a certificate of authority to transact surety insurance in California, as defined in Section 105 of the California Insurance Code. Bonds shall be in a form acceptable to the Board of Directors. The Attorney-in- Fact (resident agent) who executes the bonds on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge this Power of Attorney as of the date of the execution of the surety bond that it covers. If any surety becomes unacceptable to the District or fails to furnish reports as to its financial condition as requested by District, Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of District and of persons supplying labor or materials in the prosecution of the work contemplated by this Agreement. Payment and Performance Bonds are released by District within 35 days from the date of filing of the Notice of Completion. Sample bond forms are included on the following pages.
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-42
 
 
 
 
 
 
 
 
 
 
 
This page intentionally left blank
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-43
 
 
Exhibit 3: Bond Requirements Project Manual
 
SAMPLE PERFORMANCE BOND
 
WHEREAS, the Hilton Creek Community Services District (the “District”), has awarded to Contractor  __[NAME], hereafter designated as the “Contractor”, a contract for the work described as follows:
 
JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT as described in the Project Manual.
 
AND WHEREAS, the Contractor is required to furnish a bond in connection with said contract, guaranteeing the faithful performance thereof:
 
NOW, THEREFORE, we the undersigned Contractor and Surety are held firmly bound to the Hilton Creek Community Services District in the sum of    dollars ($  ), to be paid to said District or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
 
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless the District, its officers and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue.
 
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
 
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
 
IN WITNESS WHEREOF, We have hereunto set our hands and seals on this  day of   , 2O  .
 
Correspondence or claims relating to this bond     should be sent to the surety at the following     address:     Contractor
 
  Name of Surety (SEAL)
 
  By: Attorney-in-Fact
 
 
NOTE: Signatures of those executing for the surety must be properly acknowledged.
APPROVED AS TO FORM:
 
 
General Manager, Hilton Creek Community Services District
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-44
 
 
 
 
 
 
 
 
 
 
 
This page intentionally left blank
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-45
 
 
Exhibit 3: Bond Requirements Project Manual
 
SAMPLE PAYMENT BOND
 
WHEREAS, The Hilton Creek Community Services District (the “District”), hereafter referred to as “Obligee”, has awarded to Contractor  , hereafter designated as the “Principal”, a contract for the work described as follows:
 
JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT as described in the Project Manual.
 
 
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons as provided by law.
 
NOW, THEREFORE, we the undersigned Principal and Surety are bound unto the Obligee in the sum of   dollars ($  ), for which payment, we bind ourselves, jointly and severally.
 
THE CONDITION OF THIS OBLIGATION IS SUCH,
 
That if said Principal or its subcontractors shall fail to pay any of the persons named in Civil Code Section 9lOO, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by such claimant, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and his subcontractors under Section l3O2O of the Unemployment Insurance Code, with respect to such work and labor, that the surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the surety will pay a reasonable attorney’s fee to be fixed by the court. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9lOO as to give a right of action to such persons or their assigns in any suit brought upon this bond.
 
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
 
Dated:  , 2O    
 
Correspondence or claims relating to this bond    should be sent to the surety at the following address:    Principal
 
 
  Surety (SEAL)
 
  By: Attorney-in-Fact
 
 
NOTE: Signatures of those executing for the surety must be properly acknowledged.
APPROVED AS TO FORM:
 
General Manager, Hilton Creek Community Services District
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-46
 
 
 
 
 
 
 
 
 
 
 
This page intentionally left blank
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-47
 
 
Exhibit 3: Bond Requirements Project Manual
 SAMPLE WARRANTY BOND
 
KNOW ALL BY THESE PRESENTS that we,  , the Contractor in the contract hereto annexed, as Principal, and,    as Surety, are held and firmly bound unto the Hilton Creek Community Services District (the “District”) in the sum of      ($  ) lawful money of the United  States, for which payment, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.
 
Signed, Sealed, and Dated
 
The condition of the above obligation is that if said Principal, its successors and assigns, as Contractor in the contract for the work described herein, or its subcontractor, fails to maintain and remedy in a good workmanlike manner the work of the JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT such that it is free from defects in materials and workmanship for a period of one year commencing on     [DATE]  (the “Maintenance Period”) and shall indemnify and save harmless the District, its officers and agents, as stipulated in the contract, said Surety will pay for the same in an amount not to exceed the sum hereinabove set forth, and also in case suit is brought upon this bond, a reasonable attorney’s fee to be fixed by the court.
 
PROVIDED, HOWEVER, that any suit under this bond shall be commenced no later than one (l) year from the expiration date of the Maintenance Period; provided, however, that if this limitation is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, and said period of limitation shall be deemed to have accrued and shall commence to run on the expiration date of the Maintenance Period.
 
Dated:  , 2O    
 
 
Correspondence or claims relating to this bond    should be sent to the surety at the following address:    Principal
 
 
 
 
  Surety (SEAL)
 
 
  By: Attorney-in-Fact
 
 
NOTE: Signatures of those executing for the surety must be properly acknowledged.
APPROVED AS TO FORM:
 
General Manager, Hilton Creek Community Services District
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-48
 
 
 
 
 
 
 
 
 
 
 
This page intentionally left blank
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-49
 
 
EXHIBIT 4
 
AGREEMENT BETWEEN HILTON CREEK COMMUNITY SERVICES DISTRICT AND Click here to enter text. FOR THE CONSTRUCTION OF THE JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT
 
INVOICING, PAYMENT AND RETENTION
 
 
3.E. (l). Invoicing and payment. Contractor shall submit to District, not more than once per month, a payment request in the form of an itemized statement of all services and work described in the Scope of Work (Attachment A) and Contract Documents, which were done at District’s request. The statement to be submitted will cover the period from the first day of the preceding month through and including the last day of the preceding month. Alternatively, Contractor may submit a single request for payment at the conclusion of the work. All statements submitted in request for payment should identify the date on which the services and work were performed and describe the nature of the services and work which were performed on each day. Invoices shall be informative and concise regarding work performed during that billing period.
If this box is checked, then invoicing shall be made in the format and according to the schedule and payment terms set forth in the Application and Certificate for Payment set forth on the following two (2) pages.
The progress of work shall initially be determined by Contractor, but must then be approved in writing by District. Additionally, the making of one or more (1+) progress payments shall not be construed as approval of the work performed by Contractor. Should Contractor submit an improper payment request, District shall, as soon as practicable, return the request to Contractor accompanied by a document setting forth the reasons why the payment request is not proper. Should District determine the services or work have not been completed or performed as called for in the Scope of Work (Attachment A) and/or the Contract Documents and/or should Contractor submit an improper payment request, then District shall withhold payment of any disputed amount, plus those amounts authorized by Public Contract Code section 7107, until the services and work are satisfactorily completed or performed and/or the payment request is corrected and resubmitted.
Final payment (excluding retention) for work completed by the Completion Date specified in the Notice of Completion, shall be made within 35 days from the date that District records the Notice of Completion.
 
3.E.(2). Retention. In accordance with Public Contract Code sections 9203 and 20104.50, District shall retain five percent (5%) of each progress payment until the Project is completed unless, at any time after fifty percent (50%) of the work has been completed, the Board of Supervisors finds that satisfactory progress is being made, in which case District may make any of the remaining progress payments in full for actual work completed. In accordance with Public Contract Code section 22300, Contractor may substitute securities for any moneys withheld by District to ensure performance under this Agreement or request District to make payments of the retention earnings directly to an escrow agent at Contractor’s expense.
 
Retention for work completed by the Completion Date will be released within 60 days of the date District records the Notice of Completion.
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page SA-50
 
 
 
 
 
 
 
 
 
 
 
This page intentionally left blank
 
 
 
 
 
 
 
 
SECTION III
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TECHNICAL SPECIFICATIONS & QUALITY ASSURANCE PROGRAM
 
Juniper Drive and Pinon Drive  Asphalt Maintenance Project

 
 
 
 
 
 
 
 
 
This page intentionally left blank
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-1  
HILTON CREEK COMMUNITY SERVICES DISTRICT TECHNICAL SPECIFICATIONS JUNIPER DRIVE AND PINON DRIVE  ASPHALT MAINTENANCE PROJECT Project No. 2019-1
 
 
Table of Contents Page Number
 
 
1. DESCRIPTION OF WORK 3 5. CONTROL OF WORK AND MATERIALS 3 8. MOBILIZATION 5 12. TEMPORARY TRAFFIC CONTROL 5 13. WATER POLLUTION CONTROL 6 15.   PROTECTION OF EXISTING FACILITIES 7 17.   CLEARING AND GRUBBING 8 18.   DUST CONTROL 9 19.    EARTHWORK 9        19.1    GENERAL 9        19.2    ROADWAY EXCAVATION 10        19.9   SHOULDER BACKING 11 26.    AGGREGATE BASE 13 37.   BITUMINOUS SEALS 14        37.1.5   CRACK TREATMENT 15        37.3    SLURRY SEAL 16 39.    ASPHALT CONCRETE 21 82.    SIGNS 22 84.   MARKINGS 23
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-2
 
 
 
 
 
 
 
 
 
 
This page intentionally left blank
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-3
 
 
1.  Description of Work
 
The JUNIPER DRIVE AND PINON DRIVE ASPHALT MAINTENANCE PROJECT (hereinafter referred to as the project) is for the purpose of preserving and maintaining the condition of asphalt concrete roads in the Juniper Drive Zone of Benefit.   
 
Slurry seal will be applied to Juniper Drive and Pinon Drive.  Cracks greater than ½” will be sealed and areas of failed asphalt concrete will be removed and replaced with hot mix asphalt (HMA) prior to slurry sealing.  A sub-drain will be installed, and shoulder backing will be repaired in sections.  Two existing STOP signs and pavement markings will be replaced.  
 
There may be other items of work not mentioned above that are required by the 2015 State of California, Department of Transportation, Standard Specifications, (hereinafter referred to as CT Specifications), or these Technical Specifications.  Project work shall conform to the plans, project specifications, including these Technical Specifications, and the CT Specifications.
 
5. Control of Work and Materials
 
General: All work performed in connection with CONTROL OF WORK AND MATERIALS shall conform to the provisions in CT Specifications Section 13 “WATER POLLUTION CONTROL”. Section 5, "CONTROL OF WORK," and Section 6, “CONTROL OF MATERIALS” and these Technical Specifications.
 
Submittals: The Contractor shall provide an ‘electronic file’ of submittals for each of the following items to the Engineer:
 
1. Construction Schedule 2. Temporary Traffic Control Plan 3. Bituminous Seals (Slurry Seal Mix Design, Hot Mix Asphalt Mix Design) 4. Paint Certificates of Compliance 5. Sign Certificates of Compliance 6. Class 2 Aggregate Base Manufacturer’s Specifications 7. Shoulder Backing Manufacturer’s Specifications
 
The Engineer reserves the right to require additional submittals from the Contractor that are not specifically identified above. If so requested, the Contractor shall provide the Engineer with an ‘electronic file’ of any additional submittals.
 
Construction:
 
Work shall progress only after engineer’s approval of the Construction Schedule Submittal.   
 
Juniper Drive joins the Mono County right-of-way at Crowley Lake Drive, a Mono County Road.  All work performed in Mono County ROW must be done in conformance with an approved Encroachment Permit.  The District will obtain the required Caltrans Encroachment Permit for this work.  No work shall be done within Mono County right-of-way without the contractor being in possession of an approved encroachment permit signed by Mono County.  No staging or parking of equipment shall occur within the Crowley Lake Drive right-of-way.   
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-4
 
 
 
No equipment or construction materials shall be stored or staged within the traveled way of any road. The Contractor shall coordinate with Mono County regarding establishment and operation of storage and staging areas.
 
24 Hour Contact Number - The Contractor shall assign a project superintendent and an assistant who have the complete authority to make decisions on behalf of the Contractor. The project superintendent or the assistant shall be at the project site at all times during the construction and shall be available and on call 24 hours a day, 7 days per week for the duration of the project. The Contractor shall provide the General Manager and the Mono County Sheriff’s Department primary and secondary 24-hour mobile phone numbers for the project superintendent and the assistant. These numbers shall not automatically direct calls to a recorder or other message taking service.
 
Advance Public Notification – At least 7 days and no more than 14 days prior to beginning any work on the project, the Contractor shall sign or post written notice in each community and notify other applicable parties listed below. Notice shall be given for general construction activity in an area as well as specific activities that will, in any way, inconvenience residents/property owners/tenants or affect their operations or access to their property. Such notices shall include the expected date for start of construction, a general description of the construction activity to take place, expected duration, streets, limits of activities, work hours, and the name, address, and contact number of the Contractor’s superintendent and the District.
 
The Contractor shall provide Advance Notice and coordinate the work with the following parties.
 
Mono County Sheriff’s Department 760-932-7549
Mono County Fire / Rescue Department 760-387-2955
Long Valley Fire Department 760-935-4545
SCE 760-924-4810
Payment: There is no separate payment for Control of Work.
 
8.  Mobilization
 
General: Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to and from the project site.
 
Submittals: Construction Schedule
 
Payment: The contract LUMP SUM price paid for MOBILIZATION shall constitute full compensation for furnishing all labor and materials, including tools, equipment and incidentals, and for performing the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-5
 
 
disposing of equipment and materials, creating as-built drawings, and for performing all work required for which separate payment is not otherwise provided as specified in the CT Specifications and these Technical Specifications, and as directed by the Engineer. No adjustment will be made to the lump sum price for mobilization due to the requirement of a winter suspension, two mobilizations, or changes to other items of work or additions to the Contract.  The contract LUMP SUM payments for MOBILIZATION will only be paid as work begins in each project area designated on the Bid Sheets.
 
12. Temporary Traffic Control
 
General: All work performed in connection with TEMPORARY TRAFFIC CONTROL shall conform to the provisions in CT Specifications Section 12 TEMPORARY TRAFFIC CONTROL. Sections 7- 1.08, "Public Convenience,” 7-1.09, "Public Safety," and Section 12, "Construction Area Traffic Control Devices," and these Technical Specifications. Nothing in these Technical Specifications shall be construed as relieving the Contractor from the responsibilities specified in Section 7-1.09.
 
At the pre-construction meeting, the traffic control requirements for the project shall be reviewed with the Contractor including all of the Contractor’s foremen or supervisors.
 
Submittals: Temporary Traffic Control Plan.  The plan shall meet CA MUTCD requirements and include Caltrans Standard Plan Details, Temporary Facilities, as necessary to provide for traffic access and safety during construction.   
 
The Contractor shall submit a traffic control plan prepared by a Civil Engineer.  The traffic control plan shall meet the requirements of the Caltrans encroachment permit.  If acceptable to Caltrans, applicable Caltrans Standard Plans (T-sheets) may be used in lieu of a traffic control plan prepared by a Civil Engineer.
 
Construction: The Contractor shall post "No Parking" signs, as necessary, not less than 72 hours in advance of scheduled work that will restrict parking. No Parking signs shall include specific dates, including day of the week and hours parking and access will be restricted.  If the work is not performed during the timeframe indicated on the “No Parking” signs, the work shall be rescheduled with at least three (3) working days advance notice.
 
The Contractor shall leave the street open to traffic.
 
A minimum of one paved traffic lane, not less than ten (10) feet wide, shall be open for use by public traffic in each direction of travel except for single direction traffic control with flaggers as approved by the Engineer. Traffic may not be routed over unpaved roadways unless authorized by the Engineer.
 
Except for temporary interruptions approved by the General Manager, Contractor shall maintain property owner access to their property over both walkways and driveways at all times.
 
The Contractor shall maintain a safe workplace at all times, including, but not limited to, providing flaggers, safety equipment, barricades, safe pedestrian passage along sidewalks, and maintenance
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-6
 
 
of handicap access throughout the project site where applicable.
 
The Contractor shall fulfill the requirements of this section 24 hours per day, seven days per week, including holidays, from the time the Notice to Proceed is issued until the project is accepted as complete.
 
Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a portable sign stand with flags.  The sign shall be placed as approved by the Engineer.
 
When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.
 
All excess and unsuitable material resulting from the Contractor's operation shall be removed from the project site before the end of each workday.
 
Payment: The contract LUMP SUM price paid for “TRAFFIC CONTROL” shall include full compensation for furnishing all labor, materials (including signs, arrow boards, barricades and cones), tools, equipment and incidentals, preparing the required traffic control plans, and providing construction and detour signs, flaggers, police support and the installation and subsequent removal of signing, 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 plans, as specified in the CT Specifications and these Technical Specifications, and as directed by the Engineer.  The LUMP SUM price paid for “TRAFFIC CONTROL” applies only to the specific area of construction identified on the Bid Sheets.  
 
13. Water Pollution Control
 
General: All work performed in connection with WATER POLLUTION CONTROL shall conform to the provisions in CT Specifications Section 13 WATER POLLUTION CONTROL, the plans and these Technical Specifications.
 
This project does not include any earth disturbing activities. Dust and sediment may be created by this project while cleaning the pavement surfaces. The intent of the WATER POLLUTION CONTROL is to eliminate the potential for this dust or sediment to exit the project site in any form of runoff and to conform to any federal, state and/or local requirements.
 
Submittals: Fiber Roll must be certified seed proof.
 
Materials:  Fiber Rolls
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-7
 
 
Other BMP’s as determined in the field
 
Construction: Work shall be scheduled for time when there is no stormwater runoff entering or exiting the site, except as authorized by the engineer.
 
No construction debris shall be allowed to exit the site.
 
Contractor shall have pavement sweeping and vacuuming equipment to collect sediment, dust and debris to eliminate the potential for construction debris from existing the site.
 
Contractor may be required to have Fiber rolls available in the instance that a rainstorm is predicted while there is sediment on the paved surfaces. If sediment is continuously removed from paved surface, fiber rolls may not be required.
 
Work shall include furnishing all labor, materials (including fiber rolls, silt fences, geotextiles, etc.), tools, equipment and incidentals, and providing the required BMPs and subsequent removal of BMPs, and for performing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the erosion control system as shown on the plans, as specified in the CT Specifications and these Technical Specifications, and as directed by the Engineer.
Only vegetation growing directly on the shoulders shall be removed under this project.
Project Winterization: This project is not expected to require winterization.  If winterization is required all costs associated with it will be the responsibility of the Contractor. Winterization would include cleaning all surfaces of sediment, debris and dust.  If there is a winter shutdown, no work will be permitted in project areas that have not been started.
 
Payment: The contract LUMP SUM price paid for “WATER POLLUTION CONTROL” shall include full compensation for furnishing all labor, materials (including fiber rolls, silt fences, geotextiles, etc.), tools, equipment and incidentals, and providing the required BMPs and subsequent removal of BMPs, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the WATER POLLUTION CONTROL as shown on the plans, as specified in the CT Specifications and these Technical Specifications, and as directed by the Engineer.
 
15. Protection of Existing Facilities
 
General: Existing facilities requiring adjustment include removal and connection to existing storm drainage. All work performed in connection with PROTECTION OF EXISTING FACILITIES shall conform to the provisions in Section 15, "Existing Highway Facilities," and Section 4-1.03D “Changes” of the CT Specifications and these Technical Specifications.
 
Construction: Existing underground utility lines are not shown on the plans. This project includes only surface
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-8
 
 
work. The Contractor shall be responsible for locating and field verifying the location of all existing utilities and utility features prior to the start of construction activities and protecting all facilities during construction. (Note: There is a fiber optic line in the vicinity of this project.) Engineer shall be notified of utility conflicts. Contractor shall allow 14 days after notification of utility conflicts prior to construction of affected work. Damage caused by the Contractor to existing facilities shall be repaired within 24 hours at the sole expense of the Contractor.
 
Existing overhead utility lines are not shown on the plans.  The contractor shall take all precautionary measures necessary to protect overhead utility lines and protect workers and pedestrians during construction operations.  
 
The Contractor shall notify and coordinate the work of identifying and marking utility facilities with the respective utility companies. The Contractor is required to call Underground Service Alert (USA) at 811 forty-eight (48) hours in advance of any excavation activity. The Contractor shall submit to the Engineer copies of all USA confirmation numbers including associated documentation.
 
Existing survey monuments shall be preserved, referenced or replaced pursuant to the requirements of State of California Streets and Highways Code Sections 732.5, 1492.5, and 1810.5 and Business and Professions Code Section 8771 and the following:
 
The Contractor shall not disturb permanent survey monuments or benchmarks except as shown on the plans and as approved by the Engineer. The Contractor shall bear the expense of replacing any monuments or benchmarks that may be disturbed without permission. Replacement shall be done only by a registered Land Surveyor in the presence of the Engineer.
 
Should the Contractor during the course of construction encounter a survey monument or benchmark not shown on the plans, he shall promptly notify the Engineer so that the monument or benchmarks may be referenced accordingly.
 
Payment: Full compensation for protection of existing facilities and for preservation of existing survey monuments, except those noted on the plans as requiring replacement and paid for separately, shall be considered as included in the contract prices paid for the various items of work, and no additional compensation will be allowed therefor.
 
17. Clearing and Grubbing
 
General: Clearing and grubbing consists of removing objectionable material from the following construction areas: 1.  Highways 2. Bridges and other structures 3. Roads, road approaches, streets, and ramps 4. Material sites 5. Ditches and channels 7. Other described areas
 
Clear and grub before performing earthwork in a project area.
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-9
 
 
 
Do not injure standing trees, plants, and improvements shown to be protected.
 
Clearing: Clear all construction areas above original ground of (1) all vegetation such as trees, logs, upturned stumps, roots of downed trees, brush, grass, and weeds and (2) other objectionable material including concrete, masonry, and debris.  Cut tree branches that extend over the roadway and hang within 20 feet of finished grade.
 
Grubbing: Grub all construction areas to a depth necessary to remove all trees, existing stumps, roots, buried logs, and other vegetative or objectionable material.
 
Disposal of Materials: Dispose of materials resulting from clearing and grubbing activities legally at a landfill or the material may be disposed of on-site with approval from the Engineer.  Dispose of hazardous material according to Federal, state, and local regulations.
 
Payment: Full compensation for CLEARING AND GRUBBING shall be considered as included in the prices paid for the various items of work involved, and no separate payment will be made therefor.
 
18. Dust Control
 
General: All work performed in connection with DUST CONTROL shall conform to the provisions in CT Specifications Section 18 DUST PALLIATIVES.
 
Construction: The Contractor shall perform necessary work to control dust at all times as required by regulation. In particular, contractor shall make every effort to collect debris and dust created by cleaning the roadway surface in preparation for chip sealing and slurry sealing activities.
 
Sweep up or vacuum any residue before it can be blown by traffic or wind, migrate across lanes or shoulders, migrate to adjacent soils or enter a drainage facility.
Debris collected shall be disposed of legally, such as at a landfill facility.
Payment: Full compensation for DUST CONTROL including but not limited to that resulting from construction, public traffic, or wind shall be considered as included in the prices paid for the various items of work involved, and no separate payment will be made therefor.
 
19. Earthwork
 
19.1 General All work performed in connection with EARTHWORK shall conform to the provisions in CT Specifications Section 19 EARTHWORK.
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-10
 
 
 
Performing earthwork activities includes removal of unsuitable material or a buried man-made object if the removal is described.  The work also consists of salvaging, removing, and disposing of fences, structures, pavements, culverts, utilities, curbs, sidewalks, signs, snowpoles, and other obstructions within the project earthwork area.
 
Excavated material may be used as road shoulder fill if approved by the Engineer.
 
Unsuitable Material: Excavate and dispose of unsuitable material encountered below the natural ground surface in embankment areas or below the grading plane in excavation areas as ordered. Notify the Engineer before removing the unsuitable material if: 1. Removal is not otherwise described 2. You request payment for removal as change order work
 
Backfill the space resulting from excavating unsuitable material with material suitable for the planned use.  
 
Buried Man-Made Objects: Remove and dispose of a buried man-made objects encountered in an excavation as part of the excavation work.
 
Notify the Engineer before removing the buried man-made object if: 1. Removal of the object is not otherwise described 2. Object could not have been determined by visual inspection 3. You request payment for removal of the object as change order work
 
19-2. Roadway Excavation
 
Roadway excavation consists of all excavation involved in the grading and construction of the roadway except structure excavation and any excavation paid for as a separate bid item. Roadway excavation includes:
 
1. Excavating and stockpiling the selected material 2. Removing the stockpiled material and placing it in its final position 3. Removing surcharge material 4. Performing the removal of a slide or slipout which is paid for as the type of roadway excavation involved
 
Construction: Excavate to the described or authorized grade. If you over-excavate, backfill with an authorized material and compact it.
 
Remove pavement within the limits of roadway excavation. Pavement removal must comply with Section 39 of these specifications.
 
Payment: The payment quantity for ROADWAY EXCAVATION (REPAIR AREAS) is the volume of roadway excavation material in CUBIC YARDS (CY) and includes full compensation for furnishing all labor, materials, tools, equipment, hauling, storing, placing, disposal, compaction, and other incidentals,
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-11
 
 
and for doing all the work involved complete in place, as shown on the plans, as specified in the CT Specifications and these Technical Specifications, and as directed by the Engineer.
 
19-9 Shoulder Backing
 
Materials: Shoulder backing must be clean and consist of one or any combination of the following materials:
 
1. Broken stone 2. Crushed gravel 3. Natural rough surfaced gravel 4. Sand 5. RAP 6. Concrete 7. LCB 8. CTB
 
Shoulder backing must be graded within the percentage passing limits shown in the following table:
 
Sieve size
Percentage passing 2" 100 1" 75–100 3/4" 65–100 No. 4 35–60 No. 30 10–35 No. 200 5–15
 
If 100 percent RAP is used, shoulder backing must be graded within the percentage passing limits shown in the following table:
 
Sieve size Percentage passing 1-1/2" 100 3/4" 70–100 No. 4 30–80
 
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-12
 
 
Shoulder backing must comply with the sand equivalent requirements shown in the following table:
 
Quality characteristics Test method
Requirem ent
Sand Equivalent
 
Single type of material except RAP
 
Combination of all type of materials including RAP
 
Combination of all type of materials excluding RAP
 
100% RAP (min)
 
 
 
 
California Test 217
 
 
10-35
 
10-35
 
 
10-30
 
 
10
 
Construction: Do not place shoulder backing containing RAP within 100 feet measured horizontally from a culvert, watercourse, or bridge.
 
Remove weeds, grass, and debris from the area to receive shoulder backing.
 
Scarify the basement material to receive shoulder backing at least 0.25-foot deep and water immediately before placing the shoulder backing.
 
Place and spread shoulder backing directly on the basement material. After placing the shoulder backing, water and compact it with a minimum of 2 passes with a steel-tired roller weighing at least 8 tons. Wherever the total thickness of shoulder backing is more than 6 inches, place the backing under sections 19-5 and 19-6 of the CT Standard Specifications. Form smooth and uniform cross sections and slopes.
 
Compaction: Relative compaction specifications apply to material whether in an excavation or an embankment.
 
The moisture content of material to be compacted to at least 95 percent must be such that the specified relative compaction is attained and the embankment is in a firm and stable condition.
 
Do not compact material that contains excessive moisture until the material is dry enough.
 
Payment: SHOULDER BACKING (IMPORT) is paid for by the LINEAR FOOT (LF).  The payment quantity for SHOULDER BACKING is the horizontal length of shoulder backing placed parallel to the road centerline. The County does not increase the embankment quantity if subsidence or consolidation occurs after you start placing the backing material.   
 
The contract unit price paid shall include full compensation for furnishing all labor, materials, tools, equipment, compaction, and incidentals, and for doing all the work involved, complete in place, as shown on the plans or matching existing locations, as specified in the CT Specifications and these Technical Specifications and as directed by the Engineer.
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-13
 
 
26. Aggregate Base
 
Acceptance: The County accepts aggregate base (AB) based on aggregate gradation, sand equivalent requirements, and percent relative compaction per ASTM D6938 or CT 231.  Resistance (R-value) and Durability Index are not required to be tested for during construction, but the AB must meet the minimum requirements for both per the material specification sheet provided by the manufacturer.
 
If the aggregate gradation test results, sand equivalent test results, or both do not comply with Contract compliance requirements, remove the AB or request a payment deduction. If your request is authorized, $2.00/cu yd is deducted.
 
Aggregate must be clean and consist of any combination of the following: 1. Broken stone 2. Crushed gravel 3. Natural rough-surfaced gravel 4. Sand 5. Processed reclaimed asphalt concrete, PCC, LCB, or CTB
 
Use 3/4-inch maximum aggregate gradation unless otherwise specified. Do not change your selected aggregate gradation without authorization.
 
Class 2 Aggregate Base: Aggregate gradation must be within the percentage passing limits for the sieve sizes shown in the following table:
 
Sieve size
Percent Passing 3/4 inch maximum Operating range Contract compliance 2" -- -- 1-1/2" -- -- 1" 100 100 3/4" 90–100 87–100 No. 4 35–60 30–65 No. 30 10–30 5–35 No. 200 2–9 0–12
 
The aggregate quality characteristics must comply with the requirements shown in the following table:
 
Aggregate Quality Characteristics
 
Quality characteristic
Requirement Operating range Contract compliance Resistance (R-value, min) -- 78 Sand equivalent (min) 25 22 Durability index (min) -- 35
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-14
 
 
Construction: Apply water to the AB to obtain optimum water content needed for compaction.  Water content shall be ± 2.0% of optimum.
 
Subgrade: Immediately before spreading AB, the subgrade must comply with the specified compaction and elevation tolerance for the material involved and be free from loose or extraneous material. You may use AB to fill areas of the subgrade that are lower than the grade established by the Engineer.
 
Spreading: Deliver uniform mixtures of AB to the roadbed. Deposit AB in layers or windrows. Spread and shape the AB to such thickness that after watering and compacting, the completed AB is within 0.05 feet from the grade established by the engineer. When AB is spread and compacted the moisture content must be uniform and sufficient to obtain the required compaction. Avoid material segregation. AB must be free from pockets of coarse or fine material.
 
If the subgrade is cohesionless sand, you may dump AB in piles and spread it ahead in sufficient quantities to stabilize the subgrade, if authorized.
 
If the AB thickness shown is 0.50 foot or less, spread and compact the AB in at least 1 layer. If the thickness shown is more than 0.50 foot, spread and compact the AB in at least 2 approximately equal layers in thickness. The compacted thickness of any one layer must not exceed 0.50 foot.
 
Compacting: Compact each AB layer to at least 95 percent relative compaction.
 
Correct areas of AB that do not comply with the described thickness or request a payment deduction if AB is paid for by volume. If your request is authorized, the Engineer calculates the deduction by multiplying: 1. Deficient thickness less allowable tolerance 2. Planned width 3. Longitudinal distance of the deficient thickness 4. $17.00/cu yd or the item bid price adjusted for cubic yards, whichever is higher
 
Payment: Payment shall be made at the contract unit price per volume (CUBIC YARDS, CY) for 6” AGGREGATE BASE (REPAIR AREAS).  The payment quantity does not include the volume of aggregate base used to fill low areas of the subgrade.  The contract unit price paid shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved, complete in place, as shown on the plans or matching existing locations, as specified in the CT Specifications and these Technical Specifications and as directed by the Engineer.
 
37. Bituminous Seals
 
All work performed in connection with CRACK TREATMENT and SLURRY SEAL shall conform to the provisions in CT Standard Specifications Section 37, Bituminous Seals.
 
37-1.5. Crack Treatment:
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-15
 
 
 
Crack treatment consists of sealing cracks 1/2” or larger.
 
Submittals:  CRACK TREATMENT MATERIAL
 
Materials:  Crack treatment shall meet the specifications of Section 37-5.02, Type 4, except Flexibility:  1 in (25mm) mandrel, 90deg bend, 2s: ASTM D3111 Pass-10°F (-23°C)
 
Construction: Crack Treatment shall be placed in the areas shown on the plans. Work under this item shall conform to the provisions in Section 37, “Bituminous Seals” of the 2015 State Standard Specifications and these Technical Specifications. The work of Crack Treatment in existing pavement shall include preparation of the crack sealant or crack filler, cleaning the cracks, and the placing of the crack sealant or crack filling compound.
 
Pavement surface temperature shall be 40°F (4°C) and rising to ensure adequate adhesion. When applying sealant compound or filler material, assure the pavement surface to be dry and free of dew. Operations shall be discontinued during inclement weather.
 
The heating kettle for joint sealant compound shall be a double boiler oil heat transfer type, with built in agitator and equipped with thermometers to measure the temperature of both heat transfer oil and the sealing compound. The heating kettle shall have automatic thermometric controls which will prevent overheating of the sealant.
 
The sealant compound shall be melted slowly with constant agitation until it is in a lump-free, freeflowing state, within the temperature range recommended by the manufacturer for application. Heating above the manufacturer’s recommended range for application is not permitted.
 
The sealant applicator shall be a pressure feed melter application. Pour pots shall not be used.  A “U” shaped squeegee shall be used to apply sealant compound or filling material. At the contractors option the squeegee may be incorporated with the application wand or as a separate operation. Immediately screed the joint sealant to the elevation of the existing surface.  Use a “U” shaped squeegee to ensure that a 4-inch wide band is centered on the finished sealed crack creating a flush finish. Sufficient time shall be allowed for the cooling of the sealant before any vehicular traffic is allowed to resume.
 
The air compressed air lance system shall be equipped with oil and moisture filters and have an air supply of 100 CFM or greater. The heated air from the lance shall have a discharge air temperature greater than 2400°F.
 
Cracks shall be cleared of debris and plant materials.  Existing loose crack fill material shall be removed from pavement surface and cracks.
 
Immediately prior to application of crack treatment, cracks shall be cleaned and dried using a hot compressed air lance.  Cracks shall be treated with the hot compressed air lance until the pavement in the groove is darkened but not charred or burned.
 
The sealant compound or filling material shall be placed within two minutes of the hot lance treatment by a hose and wand fitted with proper size from a low pressure pump connected to the
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-16
 
 
heating kettle. The tip of the wand shall be placed to the bottom of the crack to ensure uniform application. The cracks are to be sealed or filled so that upon cooling, the sealant compound or filling material is just (<1/4”) below the adjacent pavement surface. If after the initial placement, the material subsides below the pavement surface, then additional material shall be applied. Areas exhibiting adhesion failure, damage, missed areas, foreign objects in the sealant, or other problems that can accelerate failure shall be resealed at no additional cost to the owner. Sealant compound damaged by construction traffic or the Contractor’s operation shall be replaced by the Contractor at the Contractor’s expense.   
 
Before opening to traffic, apply sand or the manufacturer’s recommended detackifying agent to tacky crack treatment material on the traveled way.  Sweep up excess sand before opening to traffic.
 
CT Specification Section 37-5.03, Paragraph 1, third sentence, “Filling cracks wider than 1 inch is change order work” does not apply.  This item includes application of crack treatment to all cracks regardless of size.   
 
Payment: Payment quantity of Crack Treatment shall be measured by the LUMP SUM. The contract unit price paid per LUMP SUM for “CRACK TREATMENT” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and doing all work involved in APPLYING CRACK TREATMENT complete in place, at locations shown on the plans and as specified in these Technical Specifications or as directed by the Engineer.   
 
CT Specification Section 37-5.03, Paragraph 1, third sentence, “Filling cracks wider than 1 inch is change order work” does not apply.  This item includes application of crack treatment to all cracks regardless of size.
 
37-3. Slurry Seals:
 
Applying a slurry seal consists of spreading a mixture of asphaltic emulsion or polymer modified asphaltic emulsion, aggregate, set-control additives, and water on a surface or pavement.
 
Submittals: Submit a laboratory report of test results and a proposed mix design 10 days before starting placement of slurry seal. The report and mix design must include the specific materials to be used. The laboratory report must include: 1. Test results used in the mix design 2. Proportions of the following materials based on the aggregate's dry weight: 2.1. Aggregate 2.2. Filler determined from tests, minimum and maximum 2.3. Water, minimum and maximum 2.4. Asphalt solids content 2.5. Set control agent 3. Comparison of slurry seal test results to the specified values
 
The testing laboratory must sign the original laboratory report and mix design.
 
If the mix design consists of the same materials covered by a previous laboratory report, you may submit the previous laboratory report that must include material testing data performed within the previous 12 months for authorization.
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-17
 
 
 
If you change any of the materials in the mix design, submit a new mix design and laboratory report at least 10 days before starting slurry seal work.
 
Your laboratory must be able to perform International Slurry Surfacing Association tests and mix designs.
 
Materials: Aggregate for slurry seal and micro-surfacing must comply with the gradation requirements shown in the following table:
 
 
 
Aggregate Gradation Requirements
Sieve size
Percentage passing by aggregate type I II III 3/8" -- 100 100 No. 4 100 94–100 70–90 No. 8 90–100 65–90 45–70 No. 16 60–90 40–70 28–50 No. 30 40–65 25–50 19–34 No. 200 10–20 5–15 5–15
 
Aggregate must be rock dust or sand such as plaster sand. Aggregate larger than the no. 50 sieve must be 100 percent crushed rock. Aggregate must be free from vegetable matter, deleterious substances, caked or clay lumps, and oversized particles.
 
The slurry seal mix design must comply with the requirements shown in the following table:
 
Slurry Seal Mix Design Requirements Quality characteristic Test methoda Requirement Consistency (max, mm) Technical Bulletin 106 30 Wet stripping Technical Bulletin 114 Pass Compatibility Technical Bulletin 115 Passb Cohesion test c, within 1 hour (min, kg-mm) Technical Bulletin 139 200 Wet track abrasion (max, g/m2) Technical Bulletin 100 810 aTest methods are by the International Slurry Surfacing Association. bMixing test must pass at the maximum expected air temperature at the job site during placement. cUsing project source aggregate, asphaltic emulsion, and set-control agents if any.
 
The mix design must have the percent of asphaltic emulsion, based on percentage by weight of the dry aggregate, within the ranges shown in the following table: Asphaltic Emulsion Percentage Aggregate type Range I 15–20 II 12–18 III 10–15
 
The Engineer determines the exact percentage based on the design asphalt binder content and the asphalt solids content of the asphaltic emulsion furnished.
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-18
 
 
Aggregate: If the specific gravities differ by 0.2 or more, California Test 202 is replaced with California Test 105 for blends of different aggregates.
 
Aggregate for slurry seal must comply with the requirements for the type shown in the following table: Aggregate Quality
Quality characteristic Test method
Requirement by aggregate type I II III Sand equivalent (min) California Test 217 45 55 60 Durability index (min) California Test 229 55 55 55
 
Each day's aggregate moisture content measurements must not vary more than ±0.5 percent.
 
Polymer modified asphaltic emulsion must:
 
1. Consist of a polymer mixed with a bituminous material uniformly emulsified with water and an emulsifying or stabilization agent. 2. Use either neoprene polymer or butadiene and styrene copolymer. The polymer must be homogeneous and milled into the asphaltic emulsion at the colloid mill. 3. Polymer modified asphaltic emulsion must be Grade PMCQS1h cationic and must comply with the requirements shown in the following table:
 
Polymer Modified Asphaltic Emulsion Requirements Quality characteristic Test method Requirement Tests on emulsion:   Saybolt Furol viscosity @ 25 °C (Saybolt Furol seconds) AASHTO T 59 15–90 Sieve test (%) AASHTO T 59 0–0.3 Storage stability after 1 day (%) AASHTO T 59 0–1 Residue by evaporation (min, %) California Test 331 57 Particle charge AASHTO T 59 Positive Tests on residue by evaporation:   Penetration at 25 °C AASHTO T 49 40–90 Ductility at 25 °C (min, mm)  AASHTO T 51 400 Torsional recovery (min, %) California Test 332 18 or   Polymer content (min, %) California Test 401 2.5
 
Construction: Before applying slurry seal or micro-surfacing, cover manholes, valve and monument covers, grates, or other exposed facilities located within the area of application using plastic or oil resistant construction paper secured by tape or adhesive to the facility being covered. Reference the covered facilities with enough control points to relocate the facilities after application of the seal coat.
 
In areas inaccessible to spreading equipment, spread the slurry seal or micro-surfacing mixture with hand tools or other authorized methods. If placing with hand tools, lightly dampen the area first. Do not handle or shift the material.
 
Proportion slurry seal ingredients in compliance with the authorized mix design. Proportion and blend different aggregate types before adding other ingredients.
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-19
 
 
 
After proportioning, the slurry seal mixture must be workable. The slurry seal surface must be cured to allow traffic within 1 hour after placement. The slurry seal must not show bleeding, raveling, separation, or other distresses for 15 days after placing.
 
Spread slurry seal uniformly within the specified spread rate range. Do not spot, rehandle, or shift the mixture.
 
The Engineer determines the exact spread rate for slurry seal. The completed rate must be within 10 percent of the Engineer's determined spread rate. The slurry seal spread rates must be within the ranges shown in the following table: Slurry Seal Spread Rates Type of aggregate Range (lb of dry aggregate/sq yd) I 8–12 II 10–15 III 20–25
 
Longitudinal joints must correspond with lane lines. You may request other longitudinal joint patterns if they do not adversely affect the slurry seal.
 
Spread slurry seal in full lane widths. Do not overlap slurry seal between adjacent lanes more than 3 inches.
 
Use kraft paper at transverse joints and over previously placed slurry seal to prevent double placement. Remove the paper after use. Use hand tools to remove spillage.
 
The finished surface must be smooth.
 
The mixture must be uniform and homogeneous after spreading, and there must not be separation of the emulsion and aggregate after setting.
 
Protect the slurry seal from damage until it has cured and will not adhere or be picked up by vehicle tires.
 
Mixing and Spreading Equipment: Mixing and spreading equipment for slurry seal must proportion asphaltic emulsion, water, aggregate, and any set-control additives by volume and mix them in continuous pugmill mixers. Continuous pugmill mixers must be of adequate size and power for the type of materials to be mixed.
 
Introduce emulsion into the mixer with a positive displacement pump. If you use a variable-rate pump, the adjusting unit must be sealed in its calibrated position.
 
Introduce water into the mixer with a meter that measures gallons.
 
Identifying numbers for equipment must be at least 2 inches high and located on the front and rear of the vehicle.
 
If truck-mounted mixer-spreaders are used, keep at least 2 operational spreaders at the job site during placement.
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-20
 
 
 
In areas inaccessible to spreading equipment, spread the slurry seal mixture with hand tools. If placing with hand tools, lightly dampen the area first. Do not handle or shift the mixture.
 
Truck Mounted Mixer Spreaders: Truck mounted mixer spreaders must comply with the following:
 
1. Rotating and reciprocating equipment must be covered with metal guards. 2 Proportion aggregate using a belt feeder with an adjustable cutoff gate. The Engineer verifies the height of the gate opening. 3. Belt feeder must have a depth monitor device. The depth monitor device must automatically shut down power to the belt feeder when the aggregate depth is less than 70 percent of the target depth. 4. Separate monitor device must detect the revolutions of the belt feeder. This device must automatically shut down power to the belt feeder if it detects no revolutions. If the belt feeder is an integral part of the equipment's drive chain, the monitor device is not required. 5. Aggregate belt feeder must be connected directly to the drive on the emulsion pump. The aggregate feeder drive shaft must have a revolution counter reading the nearest 0.10 revolution for micro-surfacing, and nearest 1 revolution for slurry seal. 6. Emulsion storage must be equipped with a device that automatically shuts down power to the emulsion pump and aggregate belt feeder when the level of stored emulsion is lowered. To allow for normal fluctuations, there may be a delay of 3 seconds between detection of low emulsion storage levels or low aggregate depths and automatic power shut down. 7. Emulsion storage must be located immediately before the emulsion pump. 8. Emulsion storage tank must have a temperature indicator at the pump suction level. The indicator must be accurate to ±5 degrees F. 9. No-flow and revolution warning devices must be in working condition and comply with California Test 109. Low-flow indicators must be visible while walking alongside the equipment.
 
Continuous Self-Loading Mixing Machine: Continuous self-loading mixing machines must be automatically sequenced and self-propelled. The mixing machine must deliver each material to a double shafted mixer and discharge the mixed material on a continuous flow basis. The mixing machine must have sufficient storage capacity to maintain a continuous supply of material to the proportioning controls. The mixing machine operator must have full control of forward and reverse speeds during placement.
 
Spreader Box: The spreader box used to spread the slurry mixture must be:
 
1. Capable of spreading an entire lane width. 2. Equipped with flexible rubber belting on each side. The belting must contact the pavement to prevent loss of slurry from the box. 3. If wider than 7.5 feet, equipped with baffles, reversible motor-driven augers, or equivalent features to uniformly apply the slurry seal on superelevated sections and shoulder slopes. 4. Equipped with rear flexible strike-off blades in close contact with the pavement and adjustable to various crown shapes to uniformly apply the slurry seal. 5. Equipped with flexible drags attached to the rear and cleaned daily and changed if longitudinal scouring occurs. 6. Clean and free of slurry seal or emulsion at the start of each work shift.
 
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-21
 
 
Surface Preparation: Before you place slurry seal or micro-surfacing, clean the pavement surface by removing loose particles of extraneous materials, including paving and dirt. Use any nondestructive method, such as flushing or sweeping.
 
Placement: Longitudinal and transverse joints must be: 1. Uniform 2. Straight 3. Neat in appearance 4. Butt-type joints 5. Without material buildup 6. Without uncovered areas
 
Place longitudinal joints: 1. On centerlines, lane lines, edge lines, or shoulder lines 2. With overlaps not more than 3 inches
 
Set the leading edge of kraft paper on transverse joints to create a straight butt joint with the next application when the paper is removed.
 
Weather Conditions: Only place slurry seal or micro-surfacing if both the pavement and air temperatures are at least 50 degrees F and rising. Do not place slurry seal or micro-surfacing if either the pavement or air temperature is below 50 degrees F and falling. The expected high temperature must be at least 65 degrees F within 24 hours after placement.
 
Do not place slurry seal or micro-surfacing if rain is imminent or the air temperature is expected to be below 36 degrees F within 24 hours after placement.
 
Payment: Payment quantity for SLURRY SEAL will be measured by the SQUARE YARD (SY). The contract unit price paid per SQUARE YARD for “SLURRY SEAL” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and doing all work involved in constructing slurry seal, including surface cleaning, and contractor quality control according to CT Specification Sections complete in-place, as shown on the plans and as specified in these Technical Specifications or as directed by the Engineer.
 
 
39. Asphalt Concrete
 
Replace Asphalt Concrete Surfacing: Submittals: Asphalt concrete mix design shall be submitted to the Engineer for approval.   
 
Materials: HMA to be used for replacing asphalt concrete surfacing must be Type A or Type B ¾” HMA polymer modified (preferred) or unmodified.  RAP may be used in the mix design.  The grade of asphalt binder shall be PG 64-28.
 
Tack coat must comply with section 39-2.01B(10) of the CT Standard Specifications.
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-22
 
 
 
Construction: Where replace asphalt concrete surfacing is shown, remove the full depth of the existing asphalt concrete surfacing and replace with HMA.
 
Replace asphalt concrete in a lane before the lane is specified to be opened to traffic.
 
Before removing asphalt concrete, outline the replacement area and cut neat lines with a saw or grind to full depth of the existing asphalt concrete. Do not damage asphalt concrete and base remaining in place.  The Engineer determines the exact limits of asphalt concrete surfacing to be replaced.
 
Before placing HMA, apply a tack coat as specified in section 39-2.01C(3)(f).
 
Place HMA using method compaction as specified in section 39-2.01C(2)(c).
 
Payment: The payment quantity for 3-INCH HOT MIX ASPHALT (AC REPAIR AREAS) is measured based on the combined mixture weight (TONS) of material actually used based on batch weights or truck scale weights with a licensed Weighmaster’s Certificate.  Time, date, mix number, load number, and truck identification must be provided on each load ticket.
 
82. Signs and Markers
 
General: Signs and markers must comply with the California MUTCD, California Sign Specifications, California Standard Specifications (2015), Section 82, and the FHWA publication Standard Highway Signs and Markings.
 
Submittals: Submit a manufacturer’s specification sheet showing the proposed sign meets CA requirements and/or a certificate of compliance as applicable for:
 
1. Aluminum sheeting 2. Retroreflective sheeting 3. Screened-process colors 4. Nonreflective, opaque, black film 5. Protective-overlay film
 
Construction: The line between the center of the top of a post and the center of the post at ground level must not deviate from a plumb line by more than 0.02 foot in 10 feet.
 
Unless surplus excavated material is hazardous, uniformly spread it along the adjacent roadway where designated by the Engineer.
 
The Engineer will reject damaged signs, defective signs, and signs with spelling errors before or after installation.
 
All metal parts for mounting a roadside sign (post, hardware, etc.) shall be galvanized.
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-23
 
 
 
Portland cement concrete shall be type II/V, 2500 psi minimum compressive strength.  
 
Payment: The price paid for ROAD SIGN shall be per EACH (EA) sign installed and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved, complete in place, as shown on the plans or matching existing locations, as specified in the CT Specifications and these Technical Specifications and as directed by the Engineer.
 
84. Markings
 
General: This work shall consist of application of painted pavement striping and markings including applying paint and glass beads. Equipment, mixing, surface preparation, application, and tolerances for furnishing and applying traffic striping and pavement markings shall conform to Section 84, “Markings” of the CT Specifications and these Technical Specifications.
 
Submittals: Submit manufacturers specification sheet for approval prior to the start of work.  Submit a certificate of compliance for all Paint Materials including glass beads prior to placement.  Certificate of compliance shall include product name, lot or batch number, and manufacturer date.
 
Materials: Paint type shall be Waterborne traffic line (State Specification PTWB-01R2, or as approved by the Engineer) in accordance with Section 84 of the CT Specifications and shall be applied in two (2) coats.
 
Traffic stripes and pavement markings must be retroreflective. Within 30 days of applying traffic stripes and pavement markings, the retroreflectivity of the stripes and markings must be a minimum of 250 mcd·m-2·lx-1 for white and 125 mcd·m-2·lx-1 for yellow when measured under ASTM E1710.
 
Glass Beads shall be per CT Specifications Section 84 and applied in each coat of paint.
 
Construction: A completed traffic stripe must: 1. Have clean, well-defined edges without running or deformation 2. Be uniform 3. Be straight on a tangent alignment and on a true arc on a curved alignment
 
The width of a completed traffic stripe must not deviate from the width shown by more than 1/4 inch on a tangent alignment and 1/2 inch on a curved alignment.
 
The length of the gaps and individual stripes that form a broken traffic stripe must not deviate by more than 2 inches from the lengths shown. The gaps and stripes must be uniform throughout the entire length of each section of broken traffic stripe so that a normal striping machine can repeat the pattern and superimpose successive coats on the applied traffic stripe.
 
A completed pavement marking must have well-defined edges without running or deformation.
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-24
 
 
 
Protect newly placed traffic stripes and pavement markings from traffic and other deleterious activities until the paint is thoroughly dry.
 
Apply a traffic stripe or a pavement marking only to a dry surface during a period of favorable weather when the pavement surface is above 50 degrees F.
 
Use mechanical wire brushing to remove dirt, contaminants, and loose material from the pavement surface that is to receive the traffic stripe or pavement marking.
 
The glass beads must be embedded in the coat of paint or thermoplastic to a depth of 1/2 their diameters
 
For a new surface, except for the black stripe between the 2 yellow stripes of a double traffic stripe, apply traffic stripes and pavement markings in 2 coats. The 1st coat of paint must be dry before applying the 2nd coat.
 
Paint a 1-coat, 3-inch-wide black stripe between the two 4-inch-wide yellow stripes of a double traffic stripe.
 
If the two 4-inch-wide yellow stripes are applied in 2 coats, apply the black stripe concurrently with the 2nd coat of the yellow stripes.
 
Apply each coat of paint for any traffic stripe in 1 pass of the striping machine, including the glass beads, regardless of the number, width, and pattern of the individual stripes.
 
At least 48 hours shall elapse between asphalt paving and/or application of a bituminous seal coat and permanent pavement marking. Traffic Stripes and Pavement Marking Paint shall be applied in conformance with CT Specifications Section 84.
 
All traffic striping and pavement markings damaged by the Contractor’s operations shall be replaced in kind.
 
•  “STOP” marking shall be constructed in conformance with the Pavement Marking Words on CT Standard Plan A24D – STOP. • Stop Bar shall be constructed in conformance with CT Standard Plan A24E. – LIMIT LINE (STOP LINE)
 
Apply Glass Beads to paint per CT Specifications Section 84.
 
Inspection: Contractor shall work with engineer to verify existing traffic striping and pavement marking locations prior to application of pavement treatment, so that final traffic striping and pavement markings can be made to match the existing striping locations.
 
Any markings installed by the Contractor that the Engineer has not pre-approved, and that the Engineer determines are installed improperly or in the wrong locations, shall be removed and replaced to the satisfaction of the Engineer at the Contractor’s sole expense.
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-25
 
 
 
Payment: The contract unit price paid per each item included in this specification section shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved, complete in place, as shown on the plans or matching existing locations, as specified in the CT Specifications and these Technical Specifications and as directed by the Engineer.
 
Payment quantity of STOP BAR (Paint) will be measured by EACH (EA) installed by location.
 
Payment quantity of “STOP” (Paint) marking will be measured by EACH (EA) installed by location.   
Juniper Drive and Pinon Drive Asphalt Maintenance Project Page TS-26
 
 
 
 
 
 
 
 
 
 
 
 
 
 
This page intentionally left blank
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
HILTON CREEK COMMUNITY SERVICES DISTRICT
 
 
 
 
QUALITY ASSURANCE PROGRAM (QAP)
 
 
 
 
 

 
 
Page QA-1
 
 
 
 
 
 
Table of Contents
 
 
 
             Page   A.  Definition of Terms          2
 
B.  Materials Acceptance Program        2
 
 1.  Field Sampling and Acceptance Program      2
 
 2.  Manufacturer’s Certificate of Compliance      4
 
 3.  Source Inspection and Testing        5
 
 4.  Visual Inspection          5
 
C.  Independent Assurance Program (IAP)       5
 
D.  Resident Engineers Certification of Project Materials     6
 
E.  Project QAP Records          6
 
Attachment No. 1:  Acceptance Sampling and Testing Frequency Table   8
 
 
 

 
 
Page QA-2
QUALITY ASSURANCE PROGRAM (QAP) AGENCY: Hilton Creek Community Services District
 
The purpose of this program is to provide assurance that the materials incorporated into the construction projects are in conformance with the contract specifications. This program should be updated every five years or more frequent if there are changes to the testing and sampling frequencies or to the test methods.
Except as revised by this QAP, work shall be done in conformance with Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (CT-QAP) Manual for Use by Local Agencies, Revised January 20, 2011 which can be found at http://www.dot.ca.gov/hq/LocalPrograms/public/QAP_Manual.pdf .
 
A.  DEFINITION OF TERMS
• Acceptance Testing (AT) — Sampling and testing, or inspection, to determine the degree of compliance with contract requirements. • CT — California Department of Transportation (Caltrans) • Certificate of Compliance –- A signed document from the materials manufacturer committing that the delivered goods meet the contract specifications • Independent Assurance Program (IAP) — Verification that AT is being performed correctly by qualified testers and laboratories. • Material Acceptance Program – Sampling, Testing, inspection, and certification of project materials to determine compliance with contract specifications. • Quality Assurance Program (QAP) — A sampling and testing program that will provide assurance that the materials and workmanship incorporated into the construction project are in conformance with the contract specifications. The main elements of a QAP are the Materials Acceptance Program and the Independent Assurance Sampling and Testing Program (IAP). • Source Inspection – Sampling, testing, and/or inspection of manufactured or prefabricated structural materials at a location other than the job site, generally at the manufactured location.
 
B.  MATERIALS ACCEPTANCE PROGRAM
 
Material incorporated into the work shall be accepted by one or more of the following methods, as specified in this document and the contract specifications:
 
1. Field Sampling and Acceptance Testing 2. Manufacturer’s Certificate of Compliance (with attachments if required) 3. Source Inspection and Testing 4. Visual Inspection (for minor quantities)
 
1.  Field Sampling and Acceptance Testing (AT)
 
AT will be performed by a materials laboratory certified to perform the required tests. The tests results will be used to ensure that all materials incorporated into the project are in compliance with the contract specifications.
 
Testing methods will be in accordance with the CT Methods or a national recognized standard (i.e., AASHTO, ASTM, etc.) as specified in the contract specifications.
 
General: • Acceptance sampling and testing shall be performed by certified materials personnel.  • Acceptance testing will be performed utilizing accredited materials laboratories and properly calibrated equipment. • Certifications and accreditations shall be specific to the tests being performed.   • A materials testing results log shall be maintained for any test method performed more than once on a project. • The test results for materials incorporated into the work shall be in compliance with the contract specifications.  • Actions taken regarding material with failing test results will be fully documented, including details documenting remove/replace, rework/re-test, and deduction/Construction Change Order.  

 
 
Page QA-3
• Justification shall be provided for any failing material allowed to remain in place. • At the County’s digression, products may be accepted beyond the annual certification requirement, where Material Mix Designs have been used with continuous positive results and where there has been and will continue to be a consistent use of the same materials.
 
Sampling and Testing Locations and Frequencies: • Sample and testing locations and frequencies shall be in accordance with the contract specifications.  • If not specified in the contract documents, sampling and testing locations and frequencies shall be as shown in Attachment No. 1, Acceptance Sampling and Testing Frequency Table.  • When sampling products such as Portland cement concrete, cement-treated base, hot mix asphalt, or similar materials; the time of such sampling shall be varied with respect to the time of the day, insofar as possible, in order to avoid a predictable sampling routine.
 
Acceptance Test Methods:  • The test methods used shall be as specified in the contract documents.  • For a material specified to comply with a property shown in the following table, the Agency tests under the corresponding test shown:  
 
Test Property   Test  
Relative compaction  
ASTM D1557, D6938, D2950 Sand equivalent  CT 217  Resistance (R-value)  CT 301  Gradation (sieve analysis)  CT 202  Durability index  CT 229  Cleanness Value CT 227
 
Acceptance Testing Laboratory: The AGENCY will use a private consultant materials laboratory to perform AT on Federal-aid and other designated projects. The materials laboratory shall be under the responsible management of a California registered Engineer with experience in sampling, inspection and testing of construction materials. The Engineer shall certify the results of all tests performed by laboratory personnel under the Engineer’s supervision. The materials laboratory shall contain certified test equipment capable of performing the tests conforming to the provisions of this QAP.  Laboratories shall comply with part C. Independent Assurance Program of this document.
 
The materials laboratory used shall provide documentation that the laboratory complies with the following procedures:
1) Correlation Testing Program — The materials laboratory shall be a participant in one or more of the following testing programs: a) AASHTO Materials Reference Laboratory (AMRL) b) Cement and Concrete Reference Laboratory (CCRL) c) Caltrans’ Reference Samples Program (RSP)
 
 The AT laboratory qualification shall occur annually.
 
 A copy of the current laboratory qualification shall be kept in the project records.
 
2) Certification of Personnel — The materials laboratory shall employ personnel who are certified by one or more of the following: a) Caltrans District Materials Engineer b) Nationally recognized non-Caltrans organizations such as the American Concrete Institute, Asphalt, National Institute of Certification of Engineering Technologies, etc. c) Other recognized organizations approved by the State of California and/or Recognized by local governments or private associations.
 
Proficiency tests shall be performed for testers to be certified on Sieve Analysis, Sand Equivalent, and

 
 
Page QA-4
Cleanness Value.  All other types shall be witness tests.
 
A copy of each tester’s current and applicable certifications shall be kept in the project files.
 
3) Laboratory and Testing Equipment — The materials laboratory shall only use laboratory and testing equipment that is in good working order. All such equipment shall be calibrated at least once each year. All testing equipment must be calibrated by impartial means using devices of accuracy traceable to the National Institute of Standards and Technology. A decal shall be firmly affixed to each piece of equipment showing the date of the last calibration. All testing equipment calibration decals shall be checked as part of the IAP.
 
Reporting Acceptance Testing Results: The following are time periods for reporting material test results to the Resident Engineer:
• When the aggregate is sampled at material plants, test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Resident Engineer within 24 hours after sampling. • When materials are sampled at the job site, test results for compaction and maximum density should be submitted to the Resident Engineer within 24 hours after sampling. • When soils and aggregates are sampled at the job site: 1) Test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Resident Engineer within 72 hours after sampling. 2) Test results for “R” Value and asphalt concrete extraction should be submitted to the Resident Engineer within 96 hours after sampling.
The reporting of AT results, if not performed by the Resident Engineer’s staff, shall be done on an expedited basis such as by email or telephone.
 
2.  Manufacturer’s Certificate of Compliance
General:
• Various manufactured materials may be accepted for incorporation into the work without sampling or testing, on the basis of a certificate from the manufacturer.
• Where required by the contract specifications, the contractor shall submit a certificate of compliance.
• Where required by the contract, the contractor shall attach test data or other documents to the certificate of compliance.  
• The RE may perform sampling and testing on such materials at any time.
• Certificates of compliance shall:  
o Be submitted by the Contractor before the material is incorporated into the work;
o Accompany the material to the job site.
o Identify the lot (or heat) number for each lot delivered;
o Include the contract number;
o Include test data and other documents if required.
o State that the material complies with the contract specifications; and
o Be signed by the producer of the material.  
List of Materials Accepted by Certificate of Compliance:
A list of materials that can be typically accepted on the basis of certificates of compliance during construction is found in Appendix F of the CT-QAP Manual. This list may be supplemented or amended by the contract Special Provisions or Technical Provisions. All certificates of compliance shall conform to the requirements of the contract specifications.
 
 

 
 
Page QA-5
3.  Source Inspection and Testing
• Some manufactured or pre-fabricated structural materials will be inspected or tested prior to arrival at the jobsite, generally at the manufacturer’s location (source inspected.)
• Structural items categorized as “catastrophic consequences of failure” or “significant safety concern” may be source inspected. Materials that might be source inspected include structural steel, precast prestressed concrete girders and pilings, RCP greater than 60”, joint seals, bearing pads, lighting and signal poles, sign structures, and electrical items.  
• The RE may reject source inspected material at the job site if deemed unacceptable. For example:
o Material damage in shipment or installation.
o Defective material; source inspection is usually a random sampling and may not have checked 100% of the material.
• A consultant materials laboratory, qualified to perform the applicable testing, will be used to perform source inspection and testing.  The consultant laboratory used will vary by project
During the Design phase of the project, the Project Engineer may submit a “Source Inspection Request” to the Agency, consultant, or Caltrans for inspection and testing of manufactured and prefabricated materials by their materials laboratory.  Should the Agency request Caltrans to conduct the source inspection, and the request is accepted, all sampling, testing, and acceptance of manufactured and prefabricated materials will be performed by Caltrans’ Office of Materials Engineering and Testing Services.
 
For Federal-aid projects on the National Highway System (NHS), Caltrans will assist in certifying the materials laboratory, and the acceptance samplers and testers. For Federal-aid projects off the NHS, Caltrans may be able to assist in certifying the materials laboratory, and the acceptance samplers and testers.
 
4.  Visual Inspection
Relatively minor quantities of construction materials may be accepted without testing.
The following 3 conditions must be met:   
1. Visual examination of the material is performed.
2. The manufacturer or supplier has recently furnished similar materials found to be satisfactory using normal sampling and testing requirements.  
3. The manufacturer (or supplier in the case of HMA or concrete) provides certification that the material furnished complies with the contract specifications. Approximate quantities that may be accepted by visual inspection: • Aggregates other than for use in Portland Cement Concrete, not to exceed: o 100 tons per day, nor  o 500 tons per project  • Bituminous mixtures (example: HMA), not to exceed  o 50 tons per day.  o If project total is less than 500 tons, sample at engineer’s discretion   • Bituminous material (example: Liquid Asphalt), not to exceed: o 100 gallons per project
 
C.  INDEPENDENT ASSURANCE PROGRAM (IAP)
IAP shall be provided by personnel from Caltrans, the Agency’s certified materials laboratory, or consultant’s certified materials laboratory. IAP will be used to verify that sampling and testing procedures are being performed properly and that all testing equipment is in good condition and properly calibrated.  All AT performed on the project shall use certified testing personnel and a qualified laboratory.
IAP personnel shall be certified in all required testing procedures, as part of IAP, and shall not be involved in any aspect of AT.  IAP shall be performed on every type of materials test required for the project.

 
 
Page QA-6
Poor correlation between acceptance tester’s results and other test results may indicate probable deficiencies with the acceptance sampling and testing procedures. In cases of unresolved discrepancies, a complete review of AT shall be performed by IAP personnel, or an independent materials laboratory chosen by the Agency. IAP samples and tests are not to be used for determining compliance with contract requirements. Compliance with contract requirements is determined only by AT.
 
D.  RESIDENT ENGINEER’S CERTIFICATION OF PROJECT MATERIALS
Upon completion of a Federal-aid project, a “Materials Certificate” shall be completed by the Resident Engineer, The Agency shall include a “Materials Certificate” in the Report of Expenditures submitted to the Caltrans District Director, Attention: District Local Assistance Engineer. A copy of the “Materials Certificate” shall also be included in the Agency’s construction records. The Resident Engineer in charge of the construction function for the Agency shall sign the certificate. All materials incorporated into the work which did not conform to specifications must be explained and justified on the “Materials Certification”, including changes by virtue of contract change orders.
 
E.  PROJECT QAP RECORDS
All material records of samples and tests, material releases and certificates of compliance for the construction project shall be incorporated into the Resident Engineer’s project file. If a Federal-aid project:
• The files shall be organized as described in Section 16.8 “Project Files” of the Local Assistance Procedures Manual • It is recommended that the complete project file be available at a single location for inspection by Caltrans and Federal Highway Administration (FHWA) personnel • The project files shall be available-for at Least three years following the date of final project voucher. • The use of a “Log Summary,” as shown in Appendix H of the CT-QAP Manual facilitates reviews of material sampling and testing by Caltrans and FHWA and assists the Resident Engineer in tracking the frequency of testing.
When two or more projects are being furnished identical materials simultaneously from the same plant, it is not necessary to take separate samples or perform separate tests for each project; however, copies of the test reports are to be provided for each of the projects to complete the records.
 
 
APPROVED BY:
 
 
 
 
 
   Date:    February 5, 2019  (Signature) (Date Signed)
 
 
 
 
NAME:  Garrett Higerd   C70926 Exp Jun 30, 2021  (Print) (CE# and Expiration Date)
 
TITLE   County Engineer  
 
 
 
 
 
 

 
 
Page QA-7
 
 
 
 
 
 
 
 
 
 
 
 
 
This page intentionally left blank
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
Page QA-8
 

 
 
Page QA-9

 
« StartPrev123NextEnd »

Page 1 of 3


© Copyright 2014, Hilton Creek Commuinity Services District. All Rights Reserved.