Ceres City Council
September 28, 2026

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$14,019.70 = $55.20 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $55.20 + = $57.96 Year 2 Avg Hourly Rate
Year 2 $57.96 + = $60.85 Year 3 Avg Hourly Rate
Year 3 $60.85 + = $63.90 Year 4 Avg Hourly Rate
Year 4 $63.90 + = $67.09 Year 5 Avg Hourly Rate
Year 5 $67.09 + = $70.45 Year 6 Avg Hourly Rate
Year 6 $70.45 + = $73.97 Year 7 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00% * = 254.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Year 6 0.00% * = 0.0 Estimated Hours Year 6
Total 100% = 254.0
Year 1 $55.20 *= $14,019.70 Estimated Hours Year 1
Year 2 $57.96 *= $0.00 Estimated Hours Year 2
Year 3 $60.85 *= $0.00 Estimated Hours Year 3
Year 4 $63.90 *= $0.00 Estimated Hours Year 4
Year 5 $67.09 *= $0.00 Estimated Hours Year 5
Year 6 $70.45 *= $0.00 Estimated Hours Year 6
= $14,019.70
= $14,019.70
= $0.00 Transfer to Page 1
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
COST PROPOSAL Page 2 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

5.0%

5.0%

5.0%

5.0%

5.0%
254

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation

5.0%
254.0
254.0
254.0
254.0
254.0
254.0

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per Year (calculated above) (calculated above) 254.0

0.0 0.0

0.0 0.0

0.0 Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
NOTES:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

January 2020

EXHIBIT A ATTACHMENT B

Certification of Direct Costs:
1 Generally Accepted Accounting Principles (GAAP)
2 Terms and conditions of the contract
3 Title 23 United States Code Section 112 - Letting of Contracts 4 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5 6 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Prime Consultant or Subconsultant Certifying:

Name: Title *:

Signature : Date of Certification (mm/dd/yyyy):

Email: Phone Number:

Address:

List services the consultant is providing under the proposed contract:

Environmental, Civil Engineering, GIS
[email protected]
1165 Scenic Drive, Suite A, Modesto, CA 95350
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Scott Roberts Principal
8/26/2026
209-571-1765
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Cost Proposal Page 3 of 3
January 2020

EXHIBIT A ATTACHMENT B

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COUNCIL AGENDA REPORT
City Council
Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
Meeting Date: September 28, 2026
To: Mayor and City Council
From: Steve Williams, Interim City Manager
Contact: Michael Beltran, City Engineer, [email protected] Subject: Resolution
Approving a Pipeline Crossing Agreement with Union Pacific Railroad Company for the Whitmore Avenue Reconstruction Project; Authorizing Expenditures in an Amount Not to Exceed $250,000 for Union Pacific Railroad Costs Associated with Construction; and Authorizing the Interim City Manager to Execute the Agreement
Recommended Council Action:

Staff recommends that the City Council adopt a Resolution approving a Pipeline Crossing Agreement with Union Pacific Railroad Company (UPRR) for the installation, operation, and maintenance of an 18-inch storm drain pipeline within a 30-inch steel casing beneath the Union Pacific Railroad tracks as part of the Whitmore Avenue Reconstruction Project; authorizing expenditures of up to $250,000 for costs incurred by UPRR and its authorized representatives during construction; and authorizing the Interim City Manager to execute the agreement following correction of the agreement to accurately identify the permitted facility as a storm drain pipeline.

Background:

The City is currently advancing the Whitmore Avenue Reconstruction Project, which will rehabilitate and reconstruct approximately one mile of Whitmore Avenue from Crows Landing Road to Morgan Road.

Whitmore Avenue is an important east-west arterial roadway serving the City of Ceres and surrounding area. The existing roadway is in poor condition and has experienced significant pavement deterioration. The project will reconstruct the roadway, improve sidewalks and curb ramps for ADA compliance, replace damaged curb and gutter, improve intersections, update pavement markings, striping and signage, make necessary utility adjustments, and provide other improvements necessary to improve the safety and condition of the corridor.

Drainage has also been a longstanding issue along this segment of Whitmore Avenue.

The relatively flat roadway profile and limited existing drainage facilities have resulted in ponding and localized flooding along portions of the corridor.

The original project concept included localized drainage improvements intended to improve the performance of existing drain inlets and drywells. As design of the project progressed, staff determined that localized improvements would not adequately address the existing drainage deficiencies. The project has therefore been expanded to include a storm drain trunk line throughout the project corridor to provide positive drainage.

In order to provide an adequate outlet for the proposed storm drain system, the trunk line must extend beneath the Union Pacific Railroad tracks located within the project limits. Any installation crossing Union Pacific Railroad property requires approval from UPRR and execution of a Pipeline Crossing Agreement.

The proposed crossing consists of an 18-inch PVC storm drain carrier pipe installed within a 30-inch steel casing beneath the railroad. The crossing will be constructed using a trenchless jack-and-bore method to avoid disturbance to the railroad tracks and minimize impacts to railroad operations. The agreement identifies the crossing at UPRR Mile Post 34.18.

Because the proposed storm drain will cross Union Pacific Railroad property, the City must enter into a Pipeline Crossing Agreement with UPRR before the crossing can be constructed.

Reasons for Recommendation:

The Whitmore Avenue Reconstruction Project is intended to address deteriorated pavement, accessibility deficiencies, roadway safety, and chronic drainage problems along Whitmore Avenue between Crows Landing Road and Morgan Road.

As the drainage design has progressed, it has become clear that isolated drainage improvements will not provide an adequate long-term solution. Installation of a storm drain trunk line provides a comprehensive drainage system for the project corridor and will allow stormwater to be positively conveyed away from areas currently subject to ponding and flooding.

Completion of the storm drain system requires crossing the Union Pacific Railroad rightof-way. The Pipeline Crossing Agreement provides the City with authorization to construct, operate, maintain, repair, and replace the storm drain facility beneath the railroad property.

The agreement also establishes UPRR requirements applicable to construction and future maintenance within the railroad right-of-way, including compliance with railroad engineering and safety standards, advance notice prior to construction, protection of railroad and fiber-optic facilities, required insurance, flagging when necessary,

construction observation, and restoration of railroad property. UPRR requires construction observation by RailPros Field Services during construction and installation activities.

The agreement further provides that the City is responsible for costs associated with work on railroad property, including safety measures, supervision, inspection, and flagging services that may be provided by UPRR. Because the final amount of these costs will depend on construction duration, railroad staffing requirements, flagging, inspection, and field conditions, staff recommends authorizing expenditures of up to $250,000 for UPRR-related construction costs.

Approval of the Pipeline Crossing Agreement and the associated expenditure authorization are necessary for the City to complete the storm drainage improvements and continue advancing the Whitmore Avenue Reconstruction Project toward construction.

Fiscal Impacts:

UPRR has established a license fee of $0.00 for the Pipeline Crossing Agreement.

In addition to the construction cost of the storm drain crossing itself, the City will be responsible for UPRR-related costs incurred during construction. These costs may include railroad flagging, construction observation, inspection, safety measures, coordination, and other railroad services required to complete the work.

Staff recommends that the City Council authorize expenditures of up to $250,000 for UPRR and UPRR-authorized construction-related costs associated with the railroad crossing. Sufficient funding is available within the existing Whitmore Avenue Reconstruction Project (ENG 2204) to cover these costs. No budget amendment is required.

Existing Policy / Relationship to the Strategic Plan:

The Whitmore Avenue Reconstruction Project is consistent with the City's Strategic Plan priority to ensure the community has adequate and well-maintained infrastructure.

The project will improve pavement conditions, accessibility, roadway safety, and storm drainage along a major arterial roadway while addressing chronic flooding and drainage deficiencies within the project corridor.

Policy Alternatives:

The City Council may choose not to approve the Pipeline Crossing Agreement or the associated expenditure authorization.

Without authorization to cross the Union Pacific Railroad right-of-way, the City would be required to redesign the proposed storm drainage system and identify an alternative drainage outlet. An alternative drainage solution may not provide positive drainage for the entire corridor and could result in additional engineering costs and delays to the

Whitmore Avenue Reconstruction Project.

Interdepartmental Coordination
The project has been coordinated with the Public Works Department.

Public Participation:

Public outreach and coordination will be conducted as appropriate as the Whitmore Avenue Reconstruction Project advances toward construction.

No additional public participation is required specifically for approval of the Pipeline Crossing Agreement.

Environmental Review:

N/A
Steps Following Approval:

Following approval of the agreement, the Interim City Manager will execute the agreement.

Attachments:

Attachment A - Resolution
Attachment B - Agreement

ATTACHMENT A

RESOLUTION

APPROVING A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC

RAILROAD COMPANY FOR THE WHITMORE AVENUE RECONSTRUCTION PROJECT; AUTHORIZING EXPENDITURES IN AN AMOUNT NOT TO EXCEED $250,000 FOR UNION PACIFIC RAILROAD COSTS ASSOCIATED WITH CONSTRUCTION; AND AUTHORIZING THE INTERIM CITY MANAGER TO

EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres is advancing the Whitmore Avenue Reconstruction Project, which includes reconstruction and rehabilitation of Whitmore Avenue from Crows Landing Road to Morgan Road and associated roadway, accessibility, utility, and drainage improvements; and
WHEREAS, the project includes storm drainage improvements to address existing drainage deficiencies and provide positive drainage throughout the Whitmore Avenue corridor; and
WHEREAS, as design of the project progressed, the storm drainage improvements were expanded to include a storm drain trunk line throughout the project corridor; and
WHEREAS, completion of the storm drainage improvements requires the proposed storm drain to cross beneath the Union Pacific Railroad tracks; and WHEREAS, the proposed railroad crossing consists of an eighteen-inch (18") PVC storm drain pipeline installed within a thirty-inch (30") steel casing beneath Union Pacific Railroad property; and
WHEREAS, Union Pacific Railroad Company requires the City to enter into a Pipeline Crossing Agreement prior to construction of the storm drain crossing; and WHEREAS, the Pipeline Crossing Agreement establishes requirements for construction, operation, maintenance, insurance, flagging, construction observation, safety measures, and restoration associated with work within Union Pacific Railroad property; and
WHEREAS, Union Pacific Railroad Company has established a license fee of zero dollars ($0.00) for the Pipeline Crossing Agreement; and WHEREAS, the City will be responsible for costs incurred by Union Pacific

Railroad Company and its authorized representatives during construction, including flagging, construction observation, inspection, safety measures, coordination, and other railroad-related services; and
WHEREAS, staff recommends authorizing expenditures in an amount not to exceed $250,000 for Union Pacific Railroad costs associated with construction of the Whitmore Avenue Reconstruction Project; and
WHEREAS, sufficient funding is available within the existing Whitmore Avenue Reconstruction Project budget (ENG 2204), and no budget amendment is required.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ceres that it hereby approves the Pipeline Crossing Agreement with Union Pacific Railroad Company for the Whitmore Avenue Reconstruction Project, authorizes expenditures in an amount not to exceed $250,000 for Union Pacific Railroad costs associated with construction, and authorizes the Interim City Manager to execute the agreement.

PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting held on the 28th day of September 2026, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

APPROVED:

ATTEST:
________________________________
Javier Lopez, Mayor
___________________________________
Fallon Martin, City Clerk

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 August 26, 2026
Project: 0808840

CITY OF CERES
Re: Proposed One Eighteen Inch (18") Pvc Pipe Cased In A Thirty Inch (30") Steel Casing For An Underground Water Pipeline Crossing Pipeline Crossing of Railroad Property at Mile Post 34.18 on the Tidewater Ind. Ld. Subdivision at or near Ceres, Stanislaus County, California.

Attached is an original of the agreement covering your use of the Railroad Company’s right of way. Review and return the partially executed agreement via email.

Payment, with Project No. 0808840 referenced, in the amount of Intentionally Omitted, Zero Dollars ($0.00) is due and payable to Union Pacific Railroad Company upon your execution of the agreement. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's new policy regarding their Form 1099, I certify that 946001323 is this Corporation’s correct Federal Taxpayer Identification Number.

Send Electronic Payments to:

Name: Bank of America, Dallas, TX
Union Pacific Account = 3752021457
 ACH Routing Number = 1110-0001-2
 Wire Routing Number = 026009593
Mail Checks to:

Union Pacific Railroad Company
P.O. Box 7412567
Chicago, IL 60674-2568
 CHECKS ONLY – NO AGREEMENTS
UP does not currently offer a credit card option for these payments.

Railroad Protective Liability Insurance (RPLI) may be obtained from any insurance company which offers such coverage. Union Pacific has also worked with a national broker, Marsh USA, to make available RPLI to you or your contractor. You can find additional information, premium quotes, and application forms at (uprr.marsh.com).

If we have not received the executed document within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void.

After final approval and processing, the fully-executed agreement will be returned to you via email with instructions for coordinating your work. In no event should you begin work until you have received your counterpart of the fully-executed agreement.

If you have any questions, please contact me at [email protected].

Sincerely,
Thomas Leddy
Mgr I - Contracts

ATTACHMENT B

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 080808 Project No. 0808840
Last Modified: 06/05/18
Form Approved, AVP-Law

PIPELINE CROSSING

AGREEMENT
Mile Post: 34.18, Tidewater Ind. Ld. Subdivision
Location: Ceres, Stanislaus County, California
THIS AGREEMENT (“Agreement”) is made and entered into as of August 26, 2026, (“Effective Date”) by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (“Licensor”) and CITY OF CERES, to be addressed at 2220 Magnolia Street, Ceres, California 95307 (“Licensee”).

IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

Article 1. LICENSOR GRANTS RIGHT.

A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one eighteen inch (18") PVC pipe cased in a thirty inch (30") steel casing for an underground water pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Ceres, Stanislaus County, State of California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated August 14, 2026, attached hereto as Exhibit A and made a part hereof.

B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for one eighteen inch (18") PVC pipe cased in a thirty inch (30") steel casing for an underground water pipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.

C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.

Article 2. TERM.

This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of Exhibit B.

Article 3. LICENSEE'S COMPLIANCE WITH GENERAL TERMS.

Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or its contractors will strictly comply with all terms and conditions set forth herein, including the General Terms and Conditions, attached hereto as Exhibit B and made a part hereof.

ATTACHMENT B

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 4. INSURANCE.

A. During the term of this Agreement, Licensee shall fully comply or cause its contractor(s) to fully comply with the insurance requirements described in Exhibit C, attached hereto and made a part hereof. Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates, endorsements, etc.) to Licensor at the address listed in the "NOTICES" Section of this Agreement.

B. If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this Agreement, those statutes shall apply.

Article 5. DEFINITION OF LICENSEE.

For purposes of this Agreement, all references in this Agreement to Licensee will include Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perform any work on Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair work), then Licensee shall provide a copy of this Agreement to its Contractor(s) and require its Contractor(s) to comply with all terms and conditions of this Agreement, including the indemnification requirements set forth in the "INDEMNITY" Section of Exhibit B. Licensee shall require any Contractor to release, defend, and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend, and indemnify Licensor herein.

Article 6. ATTORNEYS’ FEES, EXPENSES, AND COSTS.

If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without limitation, reasonable attorneys’ fees and court costs, of the prevailing Party in such action, suit, or proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is rendered. The provisions of this Article shall survive the termination of this Agreement.

Article 7. WAIVER OF BREACH.

The waiver by Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by Licensee shall in no way impair the right of Licensor to avail itself of any remedy for any subsequent breach thereof.

Article 8. ASSIGNMENT.

A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of Licensor, which must be requested in writing by Licensee. Any assignment or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without Licensor's written consent, will be absolutely void and may result in Licensor's termination of this Agreement pursuant to the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B.

B. Upon Licensor's written consent to any assignment, this Agreement will be binding upon and inure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators.

Article 9. SEVERABILITY.

Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement.

ATTACHMENT B

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 10. NOTICES.

Except Licensee's commencement of work notice(s) required under Exhibit B, all other notices required by this Agreement must be in writing, and (i) personally served upon the business address listed below ("Notice Address"), (ii) sent overnight via express delivery by a nationally recognized overnight delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or (iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery notices will be deemed to be given upon receipt. Certified mail notices will be deemed to be given three (3) days after deposit with the United States Postal Service.

If to Licensor: Union Pacific Railroad Company
Attn: Analyst – Real Estate Utilities (Project No. 0808840) 1400 Douglas Street, MS 1690
Omaha, Nebraska 68179

If to Licensee:CITY OF CERES
2220 Magnolia Street
Ceres, California 95307
Article 11. SPECIAL PROVISION – CONSTRUCTION OBSERVATION.

Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named below during all construction and installation work.

Licensee is to directly coordinate services with the named inspector:

Railpros Field Services
Email: [email protected]
Phone (682)223-5271
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY CITY OF CERES
By: __________________________________ By: __________________________________ Thomas Leddy
Mgr I - Contracts
Name Printed: __________________________
Title: _________________________________

ATTACHMENT B

Storm Water Steel Jack & Bore 16.1 1
N.A. 147.1 85 62.1 4' min 147 1/2 30 sealed 18 82' 59.1' N.A. N.A. 90 N.A. N.A. N.A.

PVC SDR 35
1/2 N.A. N.A. N.A. N.A. 50.6 83.1

ATTACHMENT B

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Pipeline Crossing 06/05/18
Form Approved, AVP Law

EXHIBIT B

GENERAL TERMS AND CONDITIONS
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.

A. The foregoing grant is subject and subordinate to the prior and continuing right and obligation of Licensor to use and maintain its entire property including the right and power of Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Licensor without liability to Licensee or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad Property) and the right of Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation to obtain such additional permission, license and grants necessary on account of any such existing rights.

Section 2. ENGINEERING REQUIREMENTS; PERMITS.

A. Licensee's Facilities will be designed, constructed, operated, maintained, repaired, renewed, modified, reconstructed, removed, or abandoned in place on Railroad Property by Licensee or its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor’s current engineering standards and specifications, including those for shoring and cribbing to protect Licensor's railroad operations and facilities ("UP Specifications"), except for variances approved in advance in writing by Licensor’s Assistant Vice President Engineering – Design or its authorized representative ("UP Engineering Representative"); (ii) such other additional safety standards as Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"); and (iii) all applicable laws, rules, and regulations, including any applicable Federal Railroad Administration and Federal Energy Regulatory Commission regulations and enactments (collectively, "Laws"). If there is any conflict between UP Specifications, UP Additional Requirements, and Laws, the most restrictive will apply.

B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground.

C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all necessary permits required to perform any work on Licensee's Facilities.

Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES.

A. Licensee and its contractors are strictly prohibited from commencing any work associated with Licensee's Facilities without Licensor's written approval that the work will be in strict compliance with the "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon Licensor's approval, Licensee shall contact both of Licensor's field representatives ("Licensor's Field Representatives") at least ten (10) days before commencement of any work on Licensee's Facilities.

B. Licensee shall not commence any work until: (1) Licensor has determined whether flagging or other special protective or safety measures ("Safety Measures") are required for performance of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written

ATTACHMENT B

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER OPTIC CABLE SYSTEMS" Section of this Exhibit B.

C. If, at any time, an emergency arises involving Licensee's Facilities, Licensee or its contractor shall immediately contact Licensor's Response Management Communications Center at (888) 877-7267.

Section 4. FLAGGING.

A. Following Licensee's notice to Licensor's Field Representatives required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensor shall inform Licensee if Safety Measures are required for performance of the work by Licensee or its contractor on Railroad Property. If Safety Measures are required, no work of any kind may be performed by Licensee or its contractor(s) until arrangements for the Safety Measures have been made and scheduled. If no Safety Measures are required, Licensor will give Licensee written authorization to commence work.

B. If any Safety Measures are performed or provided by Licensor, including but not limited to flagging, Licensor shall bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state, or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state, or local governmental entity. Additional information regarding the submission of such expenses by Licensor and payment thereof by Licensee can be found in the "LICENSEE’S PAYMENT OF EXPENSES" Section of this Exhibit B. If Licensor performs any Safety Measures, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement.

C. For flagging, the rate of pay per hour for each flagger will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage, and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.

D. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagger is furnished, unless the flagger can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flaggers following the flaggers' assignment to work on the project for which Licensor is required to pay the flaggers and which could not reasonably be avoided by Licensor by assignment of such flaggers to other work, even though Licensee may not be working during such time.

When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagger. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled, even though flagging is no longer required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor.

ATTACHMENT B

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 5. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes precedence over any work on Licensee's Facilities to be performed Licensee or its contractors. Licensee shall be responsible for initiating, maintaining and supervising all safety operations and programs in connection with any work on Licensee's Facilities. Licensee and its contractor shall, at a minimum comply, with Licensor's then current safety standards located at the below web address ("Licensor's Safety Standards") to ensure uniformity with the safety standards followed by Licensor's own forces.

As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Licensor's Safety Standards to each of its employees before they enter Railroad Property.

Union Pacific Current Safety Requirements
B. Licensee shall keep the job site on Railroad Property free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the work.

C. Licensee represents and warrants that all parts of Licensee's Facilities within and outside of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered to be done by Licensee at any time that would in any manner impair the safety thereof.

D. Licensor's operations and work performed by Licensor’s personnel may cause delays in Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B.

E. Licensor shall have the right, if it so elects, to provide any support it deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's Facilities. In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B.

F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities only upon the prior authorization from and under the direction of Licensor's Field Representatives.

Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licensor's then-current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including any applicable Federal Aviation Administration regulations and enactments pertaining to UAS.

Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee’s expense, and will not commence any work on Railroad Property until all such protection or relocation has been completed.

ATTACHMENT B

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Section 7. LICENSEE'S PAYMENT OF EXPENSES.

A. Licensee shall bear the entire cost and expense of the design, construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities.

B. Licensee shall fully pay for all materials joined, affixed to and labor performed on Railroad Property in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any mechanic’s or materialman’s lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of Licensee. Licensee shall promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor, and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be increased because of the location, construction, or maintenance of Licensee's Facilities or any improvement, appliance, or fixture connected therewith placed upon such property, or on account of Licensee’s interest therein. Where such tax, charge, or assessment may not be separately made or assessed to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to Licensor an equitable proportion of such taxes determined by the value of Licensee’s property upon property of Licensor as compared with the entire value of such property.

C. As set forth in the "FLAGGING" Section of this Exhibit B, Licensor shall have the right, if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, including, but not limited to supervision, inspection, and flagging services. In the event Licensor provides such Safety Measures, Licensor shall submit an itemized invoice to Licensee's notice recipient listed in the "NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such invoice within thirty (30) days of Licensee's receipt of such invoice.

Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES.

A. This grant is subject to Licensor's safe and efficient operation of its railroad, and continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly, Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify, in its sole discretion, in the furtherance of Railroad's Use.

B. Upon any Modification of all or any portion of Licensee's Facilities to another location on Railroad Property, Licensor and Licensee shall execute a Supplemental Agreement to this Pipeline Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will terminate upon Licensee's completion of such Modification(s) and all requirements contained within the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of this Exhibit B. Any such Modification(s) off of Railroad Property will not release Licensee from any liability or other obligation of Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities.

Section 9. RESTORATION OF RAILROAD PROPERTY.

In the event Licensee, in any manner moves or disturbs any property of Licensor in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, then, Licensee shall, as soon as possible and at Licensee’s sole cost

ATTACHMENT B

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 and expense, restore Licensor’s property to the same condition as the same were before such property was moved or disturbed.

Section 10. INDEMNITY.

A. Definitions. As used in this Section:

1. "Licensor" includes Licensor, its affiliates, its and their officers, directors, agents and employees, and other railroad companies using Railroad Property at or near the location of Licensee’s installation and their officers, directors, agents, and employees.

2. "Licensee" includes Licensee and its agents, contractors, subcontractors, subsubcontractors, employees, officers, and directors, or any other person or entity acting on its behalf or under its control.

3. "Loss" includes claims, suits, taxes, loss, damages (including punitive damages, statutory damages, and exemplary damages), costs, charges, assessments, judgments, settlements, liens, demands, actions, causes of action, fines, penalties, interest, and expenses of any nature, including court costs, reasonable attorneys’ fees and expenses, investigation costs, and appeal expenses.

B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against any and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is related to Licensee’s construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, removal, presence, use, or operation of Licensee's Facilities, including, but not limited to, any actual or alleged:

1. Bodily harm or personal injury (including any emotional injury or disease) to, or the death of, any person(s), including, but not limited to, Licensee, Licensor, any telecommunications company, or the agents, contractors, subcontractors, sub-subcontractors, or employees of the foregoing;

2. Damage to or the disturbance, loss, movement, or destruction of Railroad Property, including loss of use and diminution in value, including, but not limited to, any telecommunications system(s) or fiber optic cable(s) on or near Railroad Property, any property of Licensee or Licensor, or any property in the care, custody, or control of Licensee or Licensor;

3. Removal of person(s) from Railroad Property;

4. Any delays or interference with track or Railroad’s Use caused by Licensee's activity(ies) on Railroad Property, including without limitation the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities or any part thereof, any activities, labor, materials, equipment, or machinery in conjunction therewith;

5. Right(s) or interest(s) granted pursuant to this Agreement;

6. Contents escaping from Licensee's Facilities, including without limitation any actual or alleged pollution, contamination, breach, or environmental Loss;

ATTACHMENT B

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

7. Licensee’s breach of this Agreement or failure to comply with its provisions, including, but not limited to, any violation or breach by Licensee of any representations and warranties Licensee has made in this Agreement; and

8. Violation by Licensee of any law, statute, ordinance, governmental administrative order, rule, or regulation, including without limitation all applicable Federal Railroad Administration regulations.

C. THE FOREGOING OBLIGATIONS SHALL APPLY TO THE FULLEST EXTENT

PERMITTED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING

FROM, RELATING TO, OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OF

LICENSOR, AND SUCH NEGLIGENCE OF LICENSOR SHALL NOT LIMIT, DIMINISH, OR PRECLUDE LICENSEE’S OBLIGATIONS TO LICENSOR IN ANY RESPECT.

NOTWITHSTANDING THE FOREGOING, SUCH OBLIGATION TO INDEMNIFY LICENSOR

SHALL NOT APPLY TO THE EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND

DIRECT NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION.

Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES.

A. If Licensee does not use the right herein granted on Licensee's Facilities for one (1) year, or if Licensee continues in default in the performance of any provision of this Agreement for a period of thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at its sole discretion, terminate this Agreement by written notice to Licensee at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

B. In addition to the provisions of Paragraph "A" above, this Agreement may be terminated by written notice given by either party, without cause, upon thirty (30) days written notice to the non-terminating party at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

C. Prior to the effective date of any termination described in this Section, Licensee shall submit an application to Licensor's online Utility Contracts System at this link for Licensee's removal, or if applicable, abandonment in place of Licensee's Facilities located on Railroad Property ("Removal/Abandonment Work"). Upon the UP Engineering Representative's approval of Licensee's application for the Removal/Abandonment Work, Licensor and Licensee shall execute a separate consent document that will govern Licensee's performance of the Removal/Abandonment Work from those portions of Railroad Property not occupied by roadbed and/or trackage ("Consent Document"). Licensee shall then restore the impacted Railroad Property to the same or reasonably similar condition as it was prior to Licensee's installation of Licensee's Facilities. For purposes of this Section, Licensee's (i) performance of the Removal/Abandonment Work, and (ii) restoration work will hereinafter be collectively referred to as the "Restoration Work".

D. Following Licensee's completion of the Restoration Work, Licensee shall provide a written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement which certifies that the Restoration Work has been completed in accordance with the Consent Document. Licensee shall report to governmental authorities, as required by law, and notify Licensor immediately if any environmental contamination is discovered during Licensee's performance of the Restoration Work. Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are necessary to restore the property to its original, uncontaminated condition.

Licensee shall provide written certification to Licensor at the address listed in the "NOTICES" Article of this Agreement that environmental contamination has been remediated and the property has been

ATTACHMENT B

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 restored in accordance with Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this Agreement will terminate.

E. In the event that Licensee fails to complete any of the Restoration Work, Licensor may, but is not obligated, to perform the Restoration Work. Any such work actually performed by Licensor will be at the cost and expense of Licensee. In the event that Licensor performs any of the Restoration Work, Licensee shall release Licensor from any and all Loss (defined in the "INDEMNITY" Section of this Exhibit B) arising out of or related to Licensor's performance of the Restoration Work.

F. Termination of this Agreement for any reason will not affect any of rights or obligations of the parties which may have accrued, or liabilities or Loss (defined in the "INDEMNITY" Section of this Exhibit B), accrued or otherwise, which may have arisen prior to such termination.

ATTACHMENT B

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

EXHIBIT C

INSURANCE REQUIREMENTS
In accordance with Article 5 of this Agreement, Licensee shall (1) procure and maintain at its sole cost and expense, or (2) require its Contractor(s) to procure and maintain, at their sole cost and expense, the following insurance coverage:

A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000.

CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
 Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos).

The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
 "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

C. Workers' Compensation and Employers' Liability Insurance. Coverage must include but not be limited to:
 Licensee’s statutory liability under the workers' compensation laws of the state(s) affected by this Agreement.
 Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Licensee is self-insured, evidence of state approval and excess workers' compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Environmental Liability Insurance. Environmental Legal Liability Insurance (ELL) applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured’s performance under this Agreement. Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured; and separately to the additional insured against which claim is made or suit is brought. Coverage shall be maintained in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $4,000,000.

Licensee warrants that any retroactive date applicable to ELL insurance coverage under the policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage

ATTACHMENT B

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 will be maintained for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will be exercised for the maximum time allowed.

E. Railroad Protective Liability Insurance. Licensee must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification, reconstruction, or removal work on Licensee's Facilities.

F. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and these policies must "follow form" and afford no less coverage than the primary policy.

Other Requirements
G. All policy(ies) required above (except business automobile, workers' compensation and employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Licensor as additional insured shall not be limited by Licensee’s liability under the indemnity provisions of this Agreement. BOTH LICENSOR AND LICENSEE EXPECT THAT LICENSOR

WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed.

I. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Licensor and its agents, officers, directors and employees for damages covered by the workers' compensation and employers' liability or commercial umbrella or excess liability obtained by Licensee required in this Agreement, where permitted by law. This waiver must be stated on the certificate of insurance.

J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed.

K. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage.

ATTACHMENT B

COUNCIL AGENDA REPORT
City Council
Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
Meeting Date: September 28, 2026
To: Mayor and City Council
From: Steve Williams, Interim City Manager
Contact: Michael Beltran, City Engineer, [email protected] Subject: Resolution
Accepting the Parkside Estates, Woodacres and 6th Street Water Main and Service Replacement Project (Project No. 2524) as Complete; Authorizing the Filing of the Notice of Completion; and Authorizing the Release of the Remaining Retention to the Contractor
Recommended Council Action:

Staff recommends that the City Council adopt a Resolution accepting the Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement Project (Project No. 2524) as complete; authorizing the filing of the Notice of Completion; and authorizing the release of the remaining retention to the contractor.

Background:

On July 28, 2025, the City Council awarded the Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement Project (Project No. 2524) to D.A. Wood Construction, Inc. in the amount of $2,056,699.00. Construction began on November 24, 2025. The project replaced aging water mains, water services, water meters, valves, and fire hydrants within the Parkside Estates and Woodacres neighborhoods and along 6th Street.

Reasons for Recommendation:

D.A. Wood Construction, Inc. has completed the project in accordance with the contract documents, plans, and specifications, and the work is satisfactory to the City. Staff therefore recommends that the City Council accept the project as complete and authorize the filing of the Notice of Completion and release of the remaining retention in accordance with applicable requirements.

Fiscal Impacts:

The original construction contract was awarded in the amount of $2,056,699.00, with a 10% construction contingency. The final construction cost is $2,190,443.53, which is $133,744.53 above the original contract amount, or approximately 6.5%. The additional cost was within the authorized contingency. Funds for the final project cost and retention are available in account 52795.800500(2524). No General Fund monies were used for this project.

Existing Policy / Relationship to the Strategic Plan:

This project is in conformance with the first goal of the Strategic Plan:

Infrastructure: Ensure that the community has adequate, well-maintained infrastructure that fosters a quality community and supports a strong economy.

Policy Alternatives:

The City Council can choose to:

1. Approve the request as recommended by staff; or

2. Deny the request; or

3. Continue the item to a future City Council meeting.

Interdepartmental Coordination
The project has been coordinated with the Public Works Department. Following acceptance, the Public Works Department will be responsible for ongoing maintenance of the completed water system improvements.

Public Participation:

N/A
Environmental Review:

The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Class 1(b), (c), and (d), for the maintenance and restoration of existing facilities.

Steps Following Approval:

Following City Council acceptance, the Notice of Completion will be filed. The remaining retention will be released after 35 days, provided no claims are filed and all applicable contract requirements have been satisfied.

Attachments:

Attachment A - Resolution
Attachment B - Notice of Completion

ATTACHMENT A

RESOLUTION
ACCEPTING THE PARKSIDE ESTATES, WOODACRES AND 6TH STREET WATER MAIN AND SERVICE REPLACEMENT PROJECT (PROJECT NO. 2524) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION; AND

AUTHORIZING THE RELEASE OF THE REMAINING RETENTION TO THE

CONTRACTOR

THE CITY COUNCIL
City of Ceres
WHEREAS, on July 28, 2025, the City Council awarded the Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement Project (Project No. 2524) to D.A. Wood Construction, Inc. in the amount of $2,056,699.00; and WHEREAS, D.A. Wood Construction, Inc. has completed all work required under its contract with the City of Ceres for the Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement Project (Project No. 2524); and WHEREAS, the Director of Engineering/City Engineer has determined that the work has been completed in accordance with the contract documents, plans, and specifications and has recommended that the project be accepted as complete; and WHEREAS, the final construction cost is $2,190,443.53, and funds for the final payment and remaining retention are available in account 52795.800500 (2524).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby accepts the Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement Project (Project No. 2524) as complete; authorizes the filing of the Notice of Completion; and authorizes the release of the remaining retention to the contractor.

PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting held on the 28th day of September 2026, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

APPROVED:

ATTEST:
________________________________
Javier Lopez, Mayor
___________________________________
Fallon Martin, City Clerk

ATTACHMENT B

RECORDING REQUESTED BY &
WHEN RECORDED, MAIL TO:

City Clerk
City of Ceres
2220 Magnolia Street
Ceres, California 95307

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. On July 28, 2025, the City of Ceres, a municipal Corporation in the County of Stanislaus, State of California, located at 2220 Magnolia Street, Ceres, California 95307, accepted the bid of D.A. Wood Construction, Inc., located at 963 Shepard Court, Oakdale, California 95361, for the Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement Project.

2. On June 2, 2026, the said contract was completed by D.A Wood Construction, Inc. and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on September 28, 2026.

VERIFICATION
I, the undersigned, affirm:

I am the person who signed the foregoing notice. I have read and understand the above notice and know its contents, and the facts stated therein are true and correct to the best of my knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed in the City of Ceres, County of Stanislaus, State of California on this 28th day of September 2026.

By: ________________________________________
Fallon Martin, City Clerk

COUNCIL AGENDA REPORT
City Council
Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
Meeting Date: September 28, 2026
To: Mayor and City Council
From: Steve Williams, Interim City Manager
Contact: Michael Beltran, City Engineer, [email protected] Subject: Resolution
Approving Amendment No. 1 to the Professional Services
Agreement with Willdan Financial Services, Inc. for the Water and Wastewater Rate Study Update to Include Additional Services and a Solid Waste (Sanitation) Utility Rate Study in the Amount of $31,780, for a Revised Contract Amount of $84,660; Approving a Budget Amendment in the amount of $31,780; and Authorizing the Interim City Manager to Execute the Amendment
Recommended Council Action:

Adopt a Resolution approving Amendment No. 1 to the Professional Services Agreement with Willdan Financial Services, Inc. for the Water and Wastewater Rate Study Update to include additional services and a Solid Waste (Sanitation) Utility Rate Study in the amount of $31,780, for a revised contract amount of $84,660; approving a budget amendment in the amount of $31,780; and authorizing the Interim City Manager to execute the amendment.

Background:

On February 10, 2025, the City Council approved a Professional Services Agreement with Willdan Financial Services, Inc. for preparation of a Water and Wastewater Rate Study Update. The original agreement was approved in the amount of $52,880, with a separately authorized 10% contingency of $5,288.

The original scope of work includes preparation of updated water and wastewater financial plans, cost-of-service analyses, rate structures, five-year rate projections, an extended ten-year financial plan, public outreach, and completion of the Proposition 218 process.

The rate study was initially started in March 2025; however, the project was subsequently placed on hold while the City addressed other priority items. The City is

now prepared to move forward with completion of the study. Because of the time that has elapsed, updated financial and customer data must be incorporated into the analysis so that the final rate recommendations are based on current information.

In addition, the City desires to expand the scope of the agreement to include a Solid Waste (Sanitation) Utility Rate Study. The Solid Waste Utility was not included in the original scope of services.

Reasons for Recommendation:

Willdan Financial Services, Inc. has submitted Amendment No. 1 in the amount of $31,780 to provide the additional services necessary to resume and complete the Water and Wastewater Rate Study Update and to add a Solid Waste (Sanitation) Utility Rate Study.

The additional Water and Wastewater Rate Study work includes updating financial data, reviewing current budgets, financial reports, fund balances and capital plans, resolving customer data anomalies and missing information, validating remaining data, and incorporating the updated information into the financial model, financial plan, and costof-service analysis.

The Solid Waste (Sanitation) Utility Rate Study will include:
• Collection and review of financial information specific to the Solid Waste Utility, current solid waste contracts and agreements, existing rates, and policy objectives;
• Modification of the comprehensive financial and rate model to incorporate Solid Waste financial, cost-of-service, and rate analysis;
• Development of a Solid Waste financial plan;
• Preparation of cost-of-service allocations for service and customer classes; • Determination of billing units and calculation of updated Solid Waste rates; • Preparation of a Solid Waste Rate Report; and
• Integration of the Solid Waste rate study into the Proposition 218 notice process and related documents.

Willdan has requested $7,900 for the additional work necessary to resume and complete the Water and Wastewater Rate Study Update and $23,880 for the Solid Waste (Sanitation) Utility Rate Study, for a total amendment amount of $31,780.

The existing Professional Services Agreement requires changes to the scope of work and associated compensation to be authorized through a written amendment executed by both parties prior to performance of the additional services. Approval of Amendment No. 1 will allow Willdan to complete the Water and Wastewater Rate Study using current financial and operating information and will also allow the City to evaluate the financial condition, cost of service, and appropriate rates for the Solid Waste Utility. The previously authorized 10% contingency will not be used to fund Amendment No. 1 and

will remain separate from the amendment. Staff recommends approval of Amendment No. 1 with Willdan Financial Services, Inc.

Fiscal Impacts:

Staff recommends approval of Amendment No. 1 with Willdan Financial Services, Inc. in the amount of $31,780, which includes $3,950 for Water Rate Study services, $3,950 for Sewer Rate Study services, and $23,880 for the Solid Waste Utility Rate Study.

Costs associated with Amendment No. 1 will be charged to the applicable utility funds based on the services provided to each utility. There is no impact to the General Fund.

Approval of Amendment No. 1 will increase the agreement amount from $52,880 to $84,660. The previously authorized contingency of $5,288 will not be used to fund this amendment and will remain available and unchanged.

Following approval of Amendment No. 1, the contract authorization will be:
• Revised base contract amount: $84,660
• Previously authorized contingency: $5,288
• Total authorized amount, including contingency: $89,948 A budget amendment is necessary to increase appropriations by $31,780 to provide funding for Amendment No. 1. The requested increases in appropriations are as follows:
• Account 52735.021300: $3,950 for Water Rate Study services • Account 56725.021300: $3,950 for Sewer Rate Study services • Account 58733.021300: $23,880 for Solid Waste Utility Rate Study services Existing Policy / Relationship to the Strategic Plan:

Approval of Amendment No. 1 supports the City's ongoing responsibility to maintain financially sustainable enterprise utilities and to establish rates that appropriately recover the costs associated with providing Water, Wastewater, and Solid Waste services.

The rate studies will provide updated financial plans, cost-of-service analyses, capital funding requirements, reserve projections, and recommended utility rates. This information will assist the City Council in making informed decisions regarding the longterm financial sustainability of the City's utility systems.

Approval of this amendment does not establish or modify any utility rates. Any proposed rate adjustments resulting from the studies will be presented to the City Council separately and will be subject to all applicable legal and public noticing requirements, including the Proposition 218 process.

Policy Alternatives:

The City Council may choose not to approve Amendment No. 1.

If the amendment is not approved, Willdan would not proceed with the additional services necessary to update and complete the Water and Wastewater Rate Study or perform the proposed Solid Waste (Sanitation) Utility Rate Study under the existing agreement.

The City Council may also direct staff to modify the proposed scope of services. Any changes to the scope may require further coordination with Willdan and could delay completion of the utility rate studies.

Staff does not recommend these alternatives because updated financial and rate analyses are necessary to evaluate the long-term operating and capital requirements of the City's Water, Wastewater, and Solid Waste utilities.

Interdepartmental Coordination
The Engineering Department will coordinate the rate studies with the Finance Department and other City departments responsible for the operation, budgeting, capital planning, billing, and administration of the Water, Wastewater, and Solid Waste utilities.

City staff will provide Willdan with the financial, operational, customer, billing, capital improvement, contractual, and other information necessary to complete the studies.

Public Participation:

Approval of Amendment No. 1 does not establish or modify Water, Wastewater, or Solid Waste utility rates.

Public participation will occur as the rate studies progress and proposed rates are developed. The original scope of work includes public meetings, City Council presentations, and assistance with the Proposition 218 process.

Any proposed rate adjustments will be presented to the City Council at future public meetings and will be subject to the applicable public noticing and hearing requirements prior to implementation.

Environmental Review:

The proposed action consists of approving an amendment to a professional services agreement for financial planning, cost-of-service analysis, and utility rate study services.

The action does not authorize construction or any other physical activity and will not result in a direct or reasonably foreseeable indirect physical change to the environment.

Therefore, approval of Amendment No. 1 is not a project subject to environmental review under the California Environmental Quality Act (CEQA).

Steps Following Approval:

Upon City Council approval, the Interim City Manager will execute Amendment No. 1 to the Professional Services Agreement with Willdan Financial Services, Inc.

Attachments:

Attachment A - Resolution
Attachment B - Willdan Contract Amendment 1
Attachment C - Budget Amendment

ATTACHMENT A

RESOLUTION
APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH WILLDAN FINANCIAL SERVICES, INC. FOR THE WATER AND

WASTEWATER RATE STUDY UPDATE TO INCLUDE ADDITIONAL SERVICES AND

A SOLID WASTE (SANITATION) UTILITY RATE STUDY IN THE AMOUNT OF $31,780, FOR A REVISED CONTRACT AMOUNT OF $84,660; APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF $31,780; AND AUTHORIZING THE

INTERIM CITY MANAGER TO EXECUTE THE AMENDMENT

THE CITY COUNCIL
City of Ceres
WHEREAS, on February 10, 2025, the City Council approved a Professional Services Agreement with Willdan Financial Services, Inc. for the Water and Wastewater Rate Study Update in the amount of $52,880, with a separately authorized 10% contingency of $5,288; and
WHEREAS, the Water and Wastewater Rate Study Update was initiated in March 2025 and was subsequently placed on hold while the City addressed other priority items; and
WHEREAS, the City is prepared to resume and complete the Water and Wastewater Rate Study Update, which requires updated financial data, customer information, budget information, fund balances, capital plans, and other information to be incorporated into the financial model, financial plan, and cost-of-service analysis; and WHEREAS, the City also desires to expand the scope of services to include a Solid Waste (Sanitation) Utility Rate Study, including financial planning, cost-of-service analysis, rate development, preparation of a rate report, and integration of the Solid Waste component into the Proposition 218 process; and
WHEREAS, Willdan Financial Services, Inc. has submitted Amendment No. 1 in the amount of $31,780, consisting of $3,950 for additional work associated with completion of the Water, $3,950 for Wastewater Rate Study Update and $23,880 for the Solid Waste (Sanitation) Utility Rate Study; and
WHEREAS, Amendment No. 1 will increase the base contract amount from $52,880 to $84,660, additional appropriations in the amount of $31,780 are necessary to fund the additional services included in Amendment No. 1; and WHEREAS, the previously authorized contingency of $5,288 will not be used to fund Amendment No. 1 and will remain available and unchanged; and

WHEREAS, the Professional Services Agreement requires changes in the scope of work and associated compensation to be authorized through a written amendment executed by both parties prior to performance of the additional services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby approves Amendment No. 1 to the Professional Services Agreement with Willdan Financial Services, Inc. for the Water and Wastewater Rate Study Update to include additional services and a Solid Waste (Sanitation) Utility Rate Study in the amount of $31,780, for a revised contract amount of $84,660; approves a budget amendment in the amount of $31,780; and authorizes the Interim City Manager to execute the amendment.

PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting held on the 28th day of September 2026, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

APPROVED:

ATTEST:
________________________________
Javier Lopez, Mayor
___________________________________
Fallon Martin, City Clerk

ATTACHMENT B
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF CERES AND WILLDAN FINANCIAL SERVICES FOR THE WATER

AND WASTEWATER RATE STUDY UPDATE
This Amendment No. 1 to the Agreement for Professional Consultant Services with Willdan Financial Services dated September 28, 2026 (“First Amendment”), is made by and between the City of Ceres, a municipal corporation ("CITY"), and Willdan Financial Services (“CONSULTANT"), who may collectively be referred to as the "PARTIES".

RECITALS
A. The PARTIES previously entered into an agreement entitled “PROFESSIONAL SERVICES AGREEMENT” executed on February 10, 2025 (“Original Agreement”), for services related to the CITY’S Water and Wastewater Rate Study Update.

B. The PARTIES wish to update the current scope of services contained in the Original Agreement, to allow CONSULTANT to continue continue the rate study and add Solid Waste to the study.

C. The additional services authorized under this First Amendment are further described in Exhibit A attached and incorporated hereto.

D. The total compensation authorized under the terms of the Original Agreement ($52,880.00), and the First Amendment ($31,780.00) amounts to a total not to exceed $84,660.00.

NOW THEREFORE the PARTIES agree as follows:

1. The "Scope of Services, Budget, and Schedule" contained in the Original Agreement is hereby amended to include the items set forth in Exhibit A attached and incorporated hereto.

2. The Parties acknowledge and agree that the Recitals stated above are true and correct and are hereby incorporated and made part of this First Amendment. Except as expressly amended herein, all terms and conditions of the Original Agreement shall remain in full force and effect. In the event of any conflict between the provisions of this First Amendment and the Original Agreement, this First Amendment shall control.

ATTACHMENT B
IN WITNESS WHEREOF, the PARTIES have executed this First Amendment as of the dates indicated below.

Date: _____________________2026 Date: ________________, 2026

CITY CONSULTANT
City of Ceres, a municipal corporation Willdan Financial Services By: ____________________________ By: _________________________ Print: _______________________
Title: _______________________
Steve Williams, Interim City Manager
APPROVED AS TO FORM:
____________________________
Nubia I. Goldstein, City Attorney
ATTEST:
____________________________
Fallon Martin, City Clerk

ATTACHMENT B

EXHIBIT A
Amendment to Scope of Services

T 951.587.3500 ▪ 800.755.6864 | F 951.587.3510 ▪ 888.326.6864 | 27368 Via Industria, Suite 200, Temecula, CA 92590 | www.willdan.com July 24, 2026
Mr. Michael Beltran, P.E.

Director of Engineering
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Re: Amendment 1 – Increased Budget for Ongoing Services Related to Water and Wastewater Utility Rate Study Update and Addition of Solid Waste (Sanitation) Rate Study Dear Michael,
We appreciate the opportunity to work with the City on the Water and Wastewater Utility Rate Study Update and look forward to working with you to complete this important project, and to add the Solid Waste Utility to the study.

Pursuant to our recent conversations, thank you for your willingness to consider this amendment to our project budget.

This requested amendment reflects additional work that will be performed to re-initiate the Rate Study project, gather and incorporate updated data, finalize the rate and financial model, complete the analysis to calculate updated rates and carry the project through the administrative/Prop 218 procedural steps to completion.

The project was initially started in March 2025; however, due to several factors, the project was put on hold while other priority items were addressed. The City has indicated that it is ready to move forward immediately with completion of the Rate Study and wishes to add a Solid Waste (Sanitation) Utility Rate Study to the overall project scope.

Following is a brief description of the additional work needed to move forward with the Water/Wastewater Rate Study:
▪ Given the delay in the project, it is necessary to update all financial data to ensure that the analysis and resulting rate recommendations are based on the most current available information; ▪ Collection, discussion, verification of updated budget, financial reports, budget, fund balances and capital plan; ▪ Resolve customer data anomalies and missing elements, collect, reconcile and validate remaining needed data; and ▪ Incorporate updated data described above into model and cost-of-service analysis, and update financial plan.

Following is a brief outline of the tasks necessary to support the addition of a Solid Waste (Sanitation) Utility Rate Study, which was not previously included in the overall study scope of services:
▪ Task 1 – Collect data needed for Solid Waste including financial data specific to utility, current solid waste contracts/agreements, rates and policy objectives;
▪ Task 2 – Modify comprehensive financial/rate model to incorporate financial, cost-of-service and rate analysis for Solid Waste;
▪ Task 3 – Develop Solid Waste Financial Plan;
▪ Task 4 – Conduct cost-of-service allocations for service and customer classes for cost-of-service analysis; ▪ Task 5 – Determine billing units and complete analysis to calculate updated Solid Waste Rates; ▪ Task 6 – Create Solid Waste Rate Report; and
▪ Task 7 – Complete work necessary to integrate Solid Waste components into Prop 218 notice process and documents.

EXHIBIT A

Mr. Michael Beltran, P.E., Director of Engineering
City of Ceres
Amendment 1 - Ongoing Services Related to Water and Sewer Rate Study July 24, 2026 | Page ii
Following are the requested amounts for the overall budget amendment:
▪ To address data and work items outlined above that are necessary to move forward and complete the Water/Wastewater Utility Rate Study Update - $7,900.
▪ Additional requested budget for the addition of the Solid Waste/Sanitation Utility Rate Study - $23,880.

The amount of the additional requested budget and to conduct the Solid Waste/Sanitation Utility Rate Study is $31,780.

We greatly appreciate this opportunity to continue our work with the City and thank you for your consideration of this budget amendment and added scope of services for the Solid Waste Utility Rate Study. If the terms of this engagement are acceptable to you, please sign where indicated and return the letter back, via email, to [email protected].

Respectfully submitted,

WILLDAN FINANICAL SERVICES
Chris Fisher
Vice President/Director
City of Ceres, CA
Signature Date
Print Name

EXHIBIT A

ATTACHMENT C
Budget Amendment No.

Fiscal Year
authorizing appropriations for
as follows:

Appropriations:

Org. ObjectFund Name
Water 52735 021300
Sewer 56725 021300 3,950.00
Solid Waste 58733 021300 23,880.00
$31,780.00
58,168.00
$ 89,948.00
Estimated Revenues:

Org. ObjectFund Name
Additional Estimated Revenue $0.00
Current Estimated Revenue
Total Estimated Revenue $0.00
Fiscal Impact:

Project
(if appl.)
Project
(if appl.)
Requested Appropriation
Current Appropriation
Total Appropriation
Reference Resolution No . -XXX , dated
Water, Wastewater and Solid Waste Rate Study
Appropriation
Amount
Appropriation
Amount
$ 3,950.00

COUNCIL AGENDA REPORT
City Council
Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
Meeting Date: September 28, 2026
To: Mayor and City Council
From: Steve Williams, Interim City Manager
Contact: Michael Beltran, City Engineer, [email protected] Subject: Resolution
Awarding the Construction Contract for the Richland Avenue Reconstruction (Project No. 2536) to United Pavement
Maintenance, Inc. in the Amount of $3,155,214.65, Approving a 10% Contingency in the Amount of $315,521.47, Approving a 2.5% Construction Support Funds in the Amount of $78,880.37, Approving a Budget Amendment, and Authorizing the Interim City Manager to Execute the Contract
Recommended Council Action:

Staff recommends the City Council award the construction contract for the Richland Avenue Reconstruction (Project No. 2536) in the amount of $3,155,214.65 to United Pavement Maintenance, Inc.; authorize a 10% contingency of $315,521.47; authorize

2.5% construction support funds in the amount of $78,880.37; authorize a budget amendment to fully fund the project; and authorize the Interim City Manager to execute the contract.

Background:

The City of Ceres is planning the Richland Avenue Reconstruction Project, which will reconstruct Richland Avenue between Herndon Avenue and Hatch Road. The project is intended to improve roadway conditions and address deficiencies in the existing roadway and surrounding infrastructure.

The project includes roadway reconstruction and pavement improvements, upgrades to existing utilities, drainage improvements, concrete improvements, and Americans with Disabilities Act (ADA) improvements, including the reconstruction of curb ramps and associated sidewalk improvements. The project will also include adjustments and relocations of existing utility facilities as necessary to accommodate the proposed improvements.

The project will improve the overall condition and functionality of Richland Avenue, enhance pedestrian accessibility and safety, improve drainage and utility infrastructure, and provide a more reliable roadway for the traveling public. The City advertised the project for bids on July 30, 2026, with bids due on August 27, 2026. A total of seven (7) bids were received by the deadline. The bid results are as follows:
• United Pavement Maintenance Inc. - $3,155,214.65
• Mountain Cascade Inc. - $3,171,140.00
• Hensley's Paving and General Engineering Inc. - $3,172,259.80 • George Reed Inc. - $3,240,666.00
• Knife River Construction - $3,571,876.00
• Bay Cities Paving & Grading Inc. - $3,661,892.30
• Dirt Dynasty Inc. - $3,870,719.00
Reasons for Recommendation:

This project is part of the City’s ongoing Pavement Management Program and represents the annual commitment to maintaining and improving roadway conditions in accordance with Measure L priorities. The recommended award to United Pavement Maintenance, Inc., is based on their submission of the lowest responsive and responsible bid. Timely implementation of this project will extend the life of City streets, enhance safety and accessibility, and reduce future maintenance costs.

Fiscal Impacts:

This project is included in the City’s 5-Year Capital Improvement Program and the FY 2026-27 budget. Funding is available in the following project account:
• 27195.800500 (2536) – $1,499,835.00
• 27795.800500 (2536) – $1,409,380.00
To fully fund the construction contract, contingency, construction support, materials testing, and staff time, the following budget adjustments are recommended:
• Appropriate $640,401.48 from 27195.800500 to 27195.800500 (2536) A Budget Amendment Request is attached as Attachment B. This project will not use General Fund resources.

Existing Policy / Relationship to the Strategic Plan:

This project is in conformance with the first goal of the Strategic Plan:

Infrastructure: Ensure that the community has adequate, well-maintained infrastructure that fosters a quality community and supports a strong economy.

Policy Alternatives:

The City Council may consider the following alternatives:

1. Reject all bids and direct staff to re-advertise the project.

2. Reject all bids and direct staff to revise the project scope prior to re-bidding.

3. Reject all bids and direct staff to remove the project from the CIP.

Interdepartmental Coordination

The Engineering and Public Works Department have coordinated on this project.

Additional coordination will be needed with Emergency Services Personnel before the project begins.

Public Participation:

The City and Contractor will provide advance public notification through door-to-door notices and posted signage alerting residents and motorists of upcoming construction activities in the project areas.

Environmental Review:

The project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15301, Class 1 (b), (c), and (d) for maintenance and restoration of existing facilities.

Steps Following Approval:

Upon Council approval, staff will:

1. Execute the construction contract with United Pavement Maintenance, Inc.

2. Process the associated budget amendment.

3. Contract with an On-Call Testing and Inspection Firm.

4. Conduct a pre-construction meeting.

5. Issue a Notice to Proceed to the contractor.

Attachments:

Attachment A - Resolution
Attachment B - Budget Amendment
Attachment C - Construction Agreement

ATTACHMENT A

RESOLUTION

AWARDING THE CONSTRUCTION CONTRACT FOR THE RICHLAND AVENUE RECONSTRUCTION (PROJECT NO. 2536) TO UNITED PAVEMENT
MAINTENANCE, INC. IN THE AMOUNT OF $3,155,214.65, APPROVING A 10% CONTINGENCY IN THE AMOUNT OF $315,521.47, APPROVING A 2.5% CONSTRUCTION SUPPORT FUNDS IN THE AMOUNT OF $78,880.37, APPROVING

A BUDGET AMENDMENT, AND AUTHORIZING THE INTERIM CITY MANAGER TO

EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres
WHEREAS, the Engineering Services Department posted the Richland Avenue Reconstruction Project for public bid; and
WHEREAS,the lowest responsive bid was received from United Pavement Maintenance, Inc., in the amount of $3,155,214.65; and
WHEREAS, United Pavement Maintenance, Inc. was the lowest responsible bidder for the Richland Avenue Reconstruction Project; and WHEREAS, a construction contingency in the amount of 10%, or $315,521.47, is necessary and appropriate to accommodate any unforeseen costs, and 2.5%, or $78,880.37, is necessary and appropriate for testing services and engineering administration and inspections, bringing the total construction authorization to $3,549,616.48; and
WHEREAS, the Richland Avenue Reconstruction Project was included in the Capital Improvement Project List; and
WHEREAS, construction funds are allocated and available in Budget in the following account numbers and corresponding amounts: 27195.800500 (2536) in the amount of $1,499,835.00 and 27795.800500 (2536) in the amount of $1,409,380.00; and
WHEREAS, a budget amendment appropriating from 27195.800500 in the amount of $640,401.48 is necessary and appropriate to cover the construction agreement amount, contingency, geotechnical services, construction support, and unforeseen services needed to complete the project scope.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby award the construction contract for the Richland Avenue Reconstruction (Project No. 2536) to United Pavement Maintenance, Inc. in the amount of

$3,155,214.65, approves a 10% contingency in the amount of $315,521.47, Approves a

2.5% Cconstruction Support Funds in the Amount of $78,880.37, all Totaling $3,549,616.48, approves a budget amendment, and authorizes the Interim City Manager to execute the contract.

BE IT FURTHER RESOLVED that the Finance Director is authorized to make the necessary budget adjustments and financial entries to implement this resolution.

PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting held on the 28th day of September 2026, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

APPROVED:

ATTEST:
________________________________
Javier Lopez, Mayor
___________________________________
Fallon Martin, City Clerk

- 1 -

CITY OF CERES

CONSTRUCTION CONTRACT

RICHLAND AVENUE RECONSTRUCTION
PROJECT NO. 2536

1. PARTIES AND DATE.

This Contract is made and entered into this _____ day of ____________, 20___ by and between the City of Ceres, a public agency and public corporation of the State of California (“City”) and United Pavement Maintenance Inc, a corporation with its principal place of business at 2907 Tully Rd, P.O. Box 1017, Hughson, California 95326 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing general engineering construction related services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: General Contractor license per IPBA standards.

2.3 Project. City desires to engage Contractor to render such services for the Richland Avenue Reconstruction (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Federal Requirements (Exhibit “G”)
• Addenda

ATTACHMENT C

- 2 -
• Change Orders executed by the City
• Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Latest Edition of Caltrans Standards
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request

ATTACHMENT C

- 3 -
is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code Section 3400.

3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 120 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City.

Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of five thousand two hundred Dollars ($5,200.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including an City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who

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fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of THREE MILLION ONE HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED FOURTEEN DOLLARS AND SIXTYFIVE CENTS ($3,155,214.64) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

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3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

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3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, 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 public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code Section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress

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payments then due. The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one

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acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

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3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, an City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

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3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

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3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

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3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate

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with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code Section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does

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not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code Section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

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3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.
(a) Required Coverage At all times commencing no later than commencement of the Work and to remain in effect for the entire term of this Agreement including any extensions of time, Contractor shall, at its expense, obtain and maintain, and shall cause its Subcontractors to obtain and maintain, with insurers of recognized responsibility authorized to do business in the California as admitted carriers having a rating not lower than “A” as rated by A.M. Best Company, Inc. or other independent rating companies, the following insurance which shall include the minimum coverages and limits set forth below:
(i) Commercial General Liability Insurance Commercial general liability insurance on an “occurrence” basis arising out of claims for bodily injury (including death) and property damage, as will protect the Contractor, which may arise out of or result from the Contractor’s operations under the Agreement and for which the Contractor legally liable, whether such operations are by the Contractor, by a Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall protect the Contractor and Owner against loss from liability imposed for damages (1) on account of bodily or personal injuries, including death, disease and sickness, accidentally suffered or alleged to have been suffered by any person or persons that may be caused directly or indirectly by the performance of this Agreement, and (2) on account of injury to or destruction of property, including the resultant loss of use of the Project or other Owner facilities or equipment, resulting from acts of commission or omission by the Contractor, or otherwise resulting directly or indirectly from the Contractor’s operations in the performance of this Agreement. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld and shall be in amounts not less than Five Million Dollars ($5,000,000) general aggregate, Two Million Dollars ($2,000,000) personal and advertising injury aggregate, with a per occurrence limit of One Million Dollars ($1,000,000) (total limits required may be satisfied with an excess or umbrella policy). The comprehensive or commercial general liability policy shall also include a severability of interest clause and cross liability if the policy has multiple insureds. The aggregate limit shall apply on a “per project” basis. The policy shall stipulate that the insurance afforded the additional insureds shall apply as primary insurance and that any other insurance carried by Owner or other Persons identified in this Agreement will be excess only and will not contribute with this insurance;

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(ii) Automobile Liability. Automobile liability insurance, for Contractor’s liability arising out of claims for bodily injury and property damage covering all owned (if any), non-owned, leased, hired or borrowed automobiles of Contractor, including loading and unloading, with a minimum limit of not less than $5,000,000 per accident for combined bodily injury and property damage and containing appropriate no-fault insurance provisions or other endorsements in accordance with Applicable Law;
(iii) Worker’s Compensation Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out workers’ compensation insurance with an insurance carrier satisfactory to the Owner for all persons whom they may employ in carrying out the work contemplated under this Agreement in accordance with the Workers’ Compensation Laws of the State of California. If the Contractor employs any engineer, expert, Consultant or Subcontractor which it did not intend to employ prior to commencement of services, it must furnish such proof of workers’ compensation insurance to the Owner immediately upon employment. If the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of Self-Insurance satisfactory to the Owner. (iv) Employer’s Liability Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out employer’s liability insurance with an insurance carrier reasonably satisfactory to the Owner. During the course of Contractor’s services, if Contractor ever intends to employ additional or different Engineers, experts, Consultants or Subcontractors, before so employing them Contractor shall furnish such reasonably satisfactory proof of insurance to the Owner. If the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of SelfInsurance reasonably satisfactory to the Owner. (v) Errors and Omissions Insurance Errors and omissions insurance on a claims made basis with limits of at least One Million Dollars ($1,000,000) with a deductible or self-insured retention in an amount not to exceed the sum of One Hundred Thousand Dollars ($100,000), and Contractor will maintain such coverage for a period of five (5) years following the Final Completion Date.
(vi) Builder’s All-Risk Following completion of Scope of Work, Contractor agrees to obtain and maintain Builder’s Risk/Course-of-Construction insurance, issued on a completed value basis on all insurable Work included under the Contract Documents. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld.

This insurance shall insure against all risks, including but not limited to the following perils:
vandalism, theft, malicious mischief, fire, sprinkler leakage, civil authority, sonic boom, explosion, collapse, flood, wind, hail, lightning, smoke, riot or civil commotion, debris removal (including demolition) and reasonable compensation for the Owner’s costs and expenses required as a result of such insured loss. This insurance shall provide coverage in an amount not less than the full cost to repair, replace, or reconstruct the Work. Such insurance shall include the Owner, the Owner’s designated representative, and any other person or entity with an insurable interest in the Work as an additional named insured.
(vii) Other Insurance Contractor shall provide all other insurance required to be maintained under Applicable Laws, ordinances, rules, and regulations. Such insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld.

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(b) Consultants If not covered by Contractor’s coverage, each of Contractor’s Consultants shall carry coverage and limits proportionate to each such Consultant’s scope of work, and Contractor shall include such provisions in its contracts with them. If any policy carried by any of the Consultants offers 50% or less of the limits required of the Contractor hereunder for an analogous policy, the Contractor shall notify the Owner of the proposed coverage to be carried by such Consultant, and the Owner shall have the right in its reasonable discretion to approve or reject the proposed coverage in each such case.
(c) Occupancy Owner may partially or fully occupy and/or use the Project before acceptance of the entire Project by the Owner. All of Contractor’s required insurance must allow such occupancy and/or use without prior consent from insurer. (d) Additional Insured; Primary and Non-Contributory; Waiver of Subrogation The Contractor shall name the Owner and the Owner’s designated representative as additional insureds on Contractor’s commercial general liability (using ISO CG 20 10 and CG 20 37 or exact equivalents), automobile liability, and excess/umbrella policies. The additional insured endorsement(s) included on all such insurance policies shall state that coverage is afforded the additional insured with respect to claims arising out of operations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability shall not be reduced by the existence of such other insurance. The coverage provided the additional insureds on Contractor’s commercial general liability, automobile liability, and excess/umbrella policies shall apply on a primary and non-contributory basis. The Contractor’s commercial general liability, automobile liability, excess/umbrella, and workers’ compensation/employer’s liability policies shall be endorsed to include a waiver of subrogation in favor of Owner and the Owner’s designated representatives. Any excess/umbrella policies provided by Contractor shall include a follow form endorsement or schedule of underlying coverage showing that such policies sit in excess of and shall follow the form of the underlying policies set forth herein, which Contractor intends the excess/umbrella policy to supplement. (e) Proof of Carriage of Insurance The Contractor shall not commence Work nor shall it allow any Subcontractor or Consultant to commence Work under this Agreement until all required insurance certificates, additional insured endorsements and declarations pages have been obtained for the period covered by this Agreement and delivered in duplicate to the Owner for approval, and such approval shall not be unreasonably withheld. (f) Notice of Cancellation or Non-Renewal The Contractor shall provide or shall obligate its insurance carriers or brokers/representatives to provide for thirty (30) Days written notice to the Owner of cancellation.
(g) Project Schedule Changes At the time of making application for any extension of time pursuant to the Contract Documents, Contractor shall submit evidence that insurance policies will be in effect during the requested additional period of time. (h) Compliance If the Contractor fails to maintain such insurance or fails to cure any defects in coverage required herein within five (5) Days of receiving written notice of the defect(s), the Owner may, but shall not be required to, take out such insurance to cover any damages accrued for which the Owner might be held liable on account of the Contractor’s failure to pay

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such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under this Agreement.
(i) No Limitation of Liability; Subcontractors and Consultant Obligations Nothing contained in this Agreement shall be construed as limiting, in any way, the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor’s operations. Each of Contractor’s Consultants and Subcontractors shall comply with all insurance obligations under this Section, and Contractor shall include such provisions in its contracts with them.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability:

Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

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3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or selfinsurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or selfinsurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City

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guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are

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accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose,

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which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required.

Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with or without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to

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provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

United Pavement Maintenance, Inc.

P.O. Box 1017
Hughson, California 95326
209-883-4345
Attn: Rodolfo Ruvalcaba
CITY:

City of Ceres
2220 Magnolia Street
Ceres, California 95307
Attn: City Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option,

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terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against

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contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]

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Signature Page for CONSTRUCTION CONTRACT
Between the City of Ceres
and United Pavement Maintenance, Inc.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the ___ day of _____________, 20____.

CITY OF CERES United Pavement
Maintenance, Inc.

By: By:

Steve Willaims
Interim City Manager Its:

Printed Name:

ATTEST:

By:

Fallon Martin, City Clerk
APPROVED AS TO FORM:

By:

Nubia Goldstein, City Attorney

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EXHIBIT “A” -

SERVICES / SCHEDULE
ITEM
NO. ITEM

UNIT OF

MEASURE

ESTIMATED

QUANTITY

UNIT PRICE
(IN FIGURES)

ITEM TOTAL
(IN FIGURES)
1 Permit, Bonds, License, and
Insurance
LS 1 $127,990.00 $127,990.00
2 Public Convenience and Safety LS 1 $153,783.00 $153,783.00 3 Water Pollution Control LS 1 $16,511.00 $16,511.00
4 Surveying Services LS 1 $26,520.00 $26,520.00
5 Monumentation LS 1 $15,450.00 $15,450.00
6 Portable Changeable Message Signs EA 4 $3,466.00 $13,864.00 7 Project Funding Signs EA 2 $1,800.00 $3,600.00
8 Remove Tree EA 6 $1,850.00 $11,100.00
9 Remove Ivy LS 1 $13,500.00 $13,500.00
10 Remove Asphalt Concrete SF 4,272 $3.38 $14,439.36
11 Remove Concrete Curb & Gutter LF 5,136 $7.38 $37,903.68 12 Remove Concrete Sidewalk, Curb
Ramp, and Driveway SF 33,887 $2.74 $92,850.38
13 Abandon Drywell Drainage Unit EA 1 $5,015.00 $5,015.00 14 Remove and Replace Fire Hydrant EA 4 $8,298.00 $33,192.00 15 Adjust and Reconstruct Existing
Rolling Gate EA 2 $5,088.50 $10,177.00
16 Remove Sign EA 8 $76.00 $608.00
17 Remove and Relocate Mailbox EA 2 $551.00 $1,102.00
18 Remove Existing Traffic Loop Box EA 3 $795.00 $2,385.00 19 Remove Streetlight EA 2 $3,250.00 $6,500.00
20 Construct Commercial Driveway
Approach SF 3,536 $35.41 $125,209.76
21 Construct Curb & Gutter LF 5,194 $60.54 $314,444.76
22 Construct Vertical Curb LF 550 $60.38 $33,209.00

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23 Construct 4" Concrete Sidewalk and
Curb Ramp SF 34,365 $11.79 $405,163.35
24 Construct 6" Concrete Driveway SF 5,280 $19.00 $100,320.00 25 Install Asphalt Pavement for
Driveways (3"HMA/6"AB) SF 855 $37.85 $32,361.75
26 FDR-C Process (18") SF 217,295 $2.53 $549,756.35
27 3" HMA Wearing surface SF 217,295 $2.22 $482,394.90
28 12" Storm Drain LF 186 $187.76 $34,923.36
29 18" Storm Drain LF 357 $175.00 $62,475.00
30 Install Storm Drain Inlet EA 3 $8,685.00 $26,055.00
31 Remove and Install New Drain Inlet EA 13 $9,271.00 $120,523.00 32 Install Storm Drain Manhole EA 2 $19,523.50 $39,047.00 33 Install Striping/Markings LS 1 $101,099.00 $101,099.00 34 Install Streetlight EA 4 $12,665.00 $50,660.00
35 Install Luminaire Type A EA 7 $750.00 $5,250.00
36 Install Luminaire Type B EA 5 $775.00 $3,875.00
37 Install Luminaire Type C EA 8 $800.00 $6,400.00
38 Install Pull Box EA 18 $725.00 $13,050.00
39 Install Sign EA 12 $600.00 $7,200.00
40 Adjust Existing Utility Structure to
Grade EA 22 $1,686.50 $37,103.00
41 Restoration LS 1 $15,483.00 $15,483.00
42 Relocate Air Release Valve EA 1 $2,721.00 $2,721.00
TOTAL $3,155,214.65

ATTACHMENT C

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EXHIBIT “B” -

PLANS AND SPECIFICATIONS

ATTACHMENT C

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BID ITEM SPECIFICATIONS

SCOPE OF WORK
The Work to be performed is included in Exhibit B – Drawings and Technical Specifications. Such other items or details, not mentioned above (Exhibit A), that are required by the drawings, and technical specifications, or the following special conditions (Exhibit C) shall be performed, placed, constructed or installed. The scope includes, but is not limited to, storm drain improvements, trafficsignal modifications, street lighting, signage and striping, Full-Depth Recycling (FDR-C) of the roadway pavement, asphalt paving, reconstruction of curb, gutter, sidewalks, curb ramps, driveway approaches, as necessary to achieve ADA compliance.

PERFORMANCE
The Contractor shall furnish all labor, materials, tools, equipment, incidentals, and do all work described in the Plans and these Special Provisions.

COORDINATION/COOPERATION
The Contractor shall notify the Engineer at (209) 538-5630 at least three (3) working days in advance of the tentative starting date.

The Contractor shall be responsible for contacting and coordinating with all utility companies, including the City, with regards to the location of existing underground facilities in the construction area. The Contractor shall call Underground Service Alert at 811, at least 2 working days before commencement of underground work for location of underground facilities. Utility facilities damaged, temporarily disconnected, or relocated as a result of construction shall be repaired/reconnected as directed by the governing utility at the Contractor's expense. Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be allowed, therefore.

INSPECTION OF SITE
The Contractor shall inspect the work site and note all existing conditions before submitting a bid for this project. A site tour is scheduled immediately following the pre-bid meeting if requested.

DUST CONTROL
It shall be the responsibility of the Contractor to minimize dust during earth moving operations. A water truck shall be made available if necessary for dust control.

Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be allowed, therefore.

PERMITS, BONDS, LICENSES, AND INSURANCE
The Contractor shall procure all permits, bonds, licenses and insurance, pay all charges and fees, and give all notices necessary and incidental to the prosecution of the work.

Payment for "Permits, Bonds, Licenses and Insurance," shall be at the contract lump sum price as set forth in this proposal, and shall include all fees associated with permits, bonds, licenses, inspections, and all other fees necessary for the completion of this item.

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PUBLIC CONVENIENCE AND SAFETY
The Contractor shall be responsible for all the provisions of this item, including issuance of all notices necessary for prosecution of the work.

Construction Area Signs -- Construction area signs and traffic cones shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12, "Temporary Traffic Control," of the State Specifications, and these Special Provisions. Specifically included in this item are all detour signage. The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least two (2) working days, but not more than 14 calendar days, prior to commencing any excavation for construction area sign posts. The regional notification centers include, but not limited to the following:

Notification Center Telephone
Underground Service Alert (USA) 811
(Northern California)
All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined that there were no utility facilities in the area of the proposed post holes.

Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced plastic as specified under “Prequalified and Tested Signing and Delineation Materials” elsewhere in these Special Provisions.

Type IV reflective sheeting for sign panels for portable construction area signs shall conform to the requirements specified under “Prequalified and Testing Signing and Delineation Materials” elsewhere in these Special Provisions.

The term “construction area signs” shall also include temporary object markers required for the direction of public traffic through or around the work during construction. Object markers listed or designated on the plans as construction area signs shall be considered to be signs and shall be furnished, erected, maintained and removed by the Contractor in the same manner specified for construction area signs and the following:

Object markers shall be stationary mounted on wood or metal posts in accordance with the details shown on the plans and the requirements in Section 82, “Markers and Delineators,” of the Standard Specifications.

Marker panels for Type N, Type P and Type R object markers shall conform to the requirements for sign panels for stationary mounted signs.

Target plates for Type K and Type L object markers and posts, reflectors and hardware shall conform to the requirements in said Section 82, but need not be new.

When a street section is to be closed, it shall be solidly barricaded, and signs shall be posted at the closure points indicating “Street Closed.”

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Full cost of providing and removing construction area signs shall be borne exclusively by the Contractor and shall be considered as included in the contract lump sum price for Item 10-1.07, “Public Convenience & Safety.”
Maintaining Traffic -- Attention is directed to Section 7-1.03, "Public Convenience," Section 7-

1.04, "Public Safety," and Section 12, "Temporary Traffic Control," of the State Specifications.

Nothing in these Special Provisions shall be construed as relieving the Contractor from its responsibility as provided in Section 7-1.04 of the State Specifications.

All traffic cones used for night lane closures shall have reflective cone sleeves as specified in the specifications. One (1) 12-foot wide traffic lane must be open at all times.

The second and third paragraphs of Section 12-3.02, “Traffic Cones,” of the State Standard Specifications are amended to read:

The type of reflective cone sleeve used shall be at the option of the Contractor. Only one type of reflective cone sleeve shall be used on the project. h
Lane closures shall conform to the provisions in the section of these special provisions entitled “Traffic Control System for Lane Closure.”
Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic.

The Contractor shall notify local authorities of its intent to begin work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of parked vehicles.

The Contractor shall provide access to all businesses and residences within the construction zone at all times throughout the project. When the work requires the closing of a business driveway or other entrance, the Contractor shall post signs directing the public to the most convenient access to the business.

The Contractor shall provide access to all private driveways when construction is not actively in progress. Access to driveways fronting the construction area shall not be hindered or blocked for time periods greater than 4 hours without notifying the property owner or tenant in writing 24 hours prior to blockage.

The Contractor shall provide safe public access around the work site in accordance with the American Disabilities Act requirements during the work.

Whenever vehicles or equipment are parked on the shoulder within six 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 nine (9) cones or portable delineators shall be used for the taper. A C23 (Road

ATTACHMENT C

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Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer.

When the Contractor’s operations create a condition hazardous to traffic or to the public, he shall furnish, erect and maintain, at his expense and without cost to the City, such fences, barricades, lights, signs and other devices as are necessary to prevent accidents or damage or injury to the public. The Contractor shall also furnish such flagmen, provided with the necessary equipment kept clean and in good condition by the Contractor at his expense, as may be necessary to give adequate warning to traffic or to the public that the roadway is under construction or of any dangerous conditions to be encountered. The flagmen shall perform their duties and their work of furnishing and placing such signs, lights, flags and other warning and safety devices as set forth in the current “Work Area Traffic Control Handbook” as published by the Building News, Inc., Los Angeles, California.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if, in the opinion of the Engineer, public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated its written approval. All other modifications will be made by contract change order.

Full cost of conforming to this section shall be considered as included in the contract lump sum price for “Public Convenience and Safety.”
Traffic Control System for Lane Closure -- A traffic control system shall be provided by the Contractor and shall be in accordance with the provisions of Section 12, "Temporary Traffic Control," of the State Specifications, the provisions under "Maintaining Traffic" elsewhere in these Special Provisions.

The provisions in this section shall not relieve the Contractor from its responsibility to provide such additional devices, or take such measures as may be necessary, to comply with the provisions in Section 7-1.04, "Public Safety," of the State Standard Specifications.

Prior to any lane closures, it shall be the responsibility of the Contractor to provide 72-hour notice to the City and obtain City approval of the lane closure. Failure to notify the City in a timely manner is cause for the City to prevent the lane closure.

Whenever a lane closure is made, the Contractor shall close the lane by placing fluorescent traffic cones, portable cones, portable delineators, or other devices approved by the Engineer, along a taper and along the edge of the closed lane adjacent to public traffic. One telescoping flag tree with flags shall be placed at the beginning and at the end of the taper.

If any component in the traffic control system is displaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component, and shall restore the component to its original location. Full cost of providing flaggers shall be borne exclusively by the Contractor.

The Contractor shall submit a traffic control plan and approved by the City Engineer prior to commencing any work.

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Protection of the Work -- To minimize traffic congestion during the resurfacing operation, the work shall be done in stages. Residents with driveways within the closed section shall be notified at least 24 hours in advance of closure via door hangers and signs within the limits of the project.

Barricades and signs and their cost of replacement, the cost of flagmen necessary for the protection of the work and the public and costs of notification of affected residents will be considered as included in the contract price paid for bid items shown in the proposal, and no separate payments shall be made.

Payment for "Public Convenience and Safety," shall be at the contract lump sum price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.

CLEARING AND GRUBBING
Clearing and grubbing shall conform to the provisions in Section 16, “Clearing and Grubbing,” of the State Specifications and these Special Provisions.

Vegetation shall be cleared and grubbed only within the limits of construction shown in the plans. All existing vegetation, outside the areas to be cleared and grubbed, shall be protected from injury or damage resulting from the work of the Contractor.

Where roots are within the structural section of the sidewalk, roadway or curb, the area should be thoroughly cleared of root balls and isolated roots greater than ½ inch in diameter.

Nothing herein shall be construed as relieving the Contractor of his responsibility for final clean up as provided in Section 4-1.13, “Cleanup”, of the State Standard Specifications.

Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be allowed, therefore.

WATER POLLUTION CONTROL
Summary
It shall be the responsibility of the Contractor to comply with all of the requirements of the latest NPDES General Permit for "Storm Water Discharges Associated with Construction and Land Disturbance Activities" (Order No. 2022-0057-DWQ, NPDES No. CAS000002) hereinafter called the "Permit" and standard industry practice.

This includes, but is not limited to, preparing plans and application, maps as well as all necessary reporting on the SWQCB's Storm Water Multiple Application and Report Tracking System (SMARTS System). The Contractor, working with their certified Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer (QSD), will determine what would be the best course of action to comply with the latest State NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order No. 2009- 0009- DWQ. If the Contractor's QSD determines a SWPPP is the best course of action, it shall be the responsibility of the Contractor and their QSD to submit to Construction Management a completed SWPPP for review. Upon acceptance of the SWPPP document by Construction Management, the QSD shall prepare a Notice of Intention (NOI) application in the SWQCB's

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SMARTS System and upload all necessary documents and maps to be approved by the Legally Responsible Person (LRP). Until a written approval of the SWPPP has been obtained from the SWQCB, no construction activity shall commence on the project site. Upon obtaining written approval of the SWPPP, it shall be the responsibility of the Contractor to implement the SWPPP.

Throughout the course of the project, the Contractor's Qualified SWPPP Practitioner (QSP) shall conduct periodic inspections, testing, any reporting on the SMARTS System as well as coordinate with the QSD to update the SWPPP as necessary. At the conclusion of construction, it shall be the responsibility of the Contractor and his or her QSD/QSP to ensure Annual Report(s) have been prepared on the SMARTS System as well as prepare the Notice of Termination (NOT) for City's approval. The Contractor shall keep a copy of the approved SWPPP, and amendments thereto, at the job site and in the general business office of the Contractor. In addition, the Contractor shall make available to Construction Management copies of all amendments to the SWPPP as prepared by the Contractor. The SWPPP shall be made available upon request of a representative of the Fresno Metropolitan Flood Control District, Regional Water Quality Control Board, State Water Resources Control Board or U. S.

Environmental Protection Agency. Requests by the public shall be directed to the Engineer.

If the Contractor and/or his/her QSD determines that a SWPPP is not necessary, then it shall be the responsibility of the Contractor to provide a list of Best Management Practices (BMP) that are to be implemented during the Work to Construction Management. The Contractor shall implement the BMP in a timely manner and maintain throughout the duration of the project. The Contractor shall keep a copy of the BMP list and any modification to the list at the job site and in the general business office of the Contractor. In addition, the Contractor shall make available to the City copies of all modifications to the BMP list. The BMP list shall be made available upon request of a representative of the Fresno Metropolitan Flood Control District, Regional Water Quality Control Board, State Water Resources Control Board or U. S. Environmental Protection Agency. Requests by the public shall be directed to Construction Management.

Notice of violation and/or fines for any non-compliance will be the responsibility of the Contractor.

Manage work activities to reduce the discharge of pollutants to surface waters, groundwater, or municipal separate storm sewer systems including work items shown in the Bid Item List for:

1. Prepare Storm Water Pollution Prevention Plan. SWPPP preparation includes obtaining SWPPP approval, amending the SWPPP, preparing a CSMP and a SAP, and monitoring and inspecting WPC practices at the job site.

2. Storm Water Annual Report. Storm Water Annual Report preparation includes certifications, monitoring and inspection results, and obtaining Storm Water Annual Report acceptance.

3. Storm Water Sampling and Analysis Day. Storm Water Sampling and Analysis Day includes reporting of storm water quality per qualifying rain event. If specified for the risk level, the work includes preparation, collection, analysis, and reporting of storm water samples for turbidity, pH, and other constituents.

4. Rain Event Action Plan. If specified for the project risk level, REAP preparation includes preparing and submitting REAP forms and monitoring weather forecasts.

Do not start work until:

1. SWPPP is approved by the City.

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2. SWPPP is uploaded onto the SMART System.

3. WDID is issued.

4. SWPPP review requirements have been fulfilled. If the RWQCB requires time for SWPPP review, allow 30 days for the RWQCB to review the SWPPP as specified under "Submittals" of these special provisions.

This project is anticipated to be Risk Level 1.

Definitions and Abbreviations
active and inactive areas: (1) Active areas have soil disturbing work activities occurring at least once within 14 days, and (2) Inactive areas are areas that have not been disturbed for at least 15 days.

BMPs: Best Management Practices are water pollution control practices. construction phase: Construction phases are (1) Highway Construction including work activities for building roads and structures, (2) Plant Establishment including maintenance on vegetation installed for final stabilization, and (3) Suspension where work activities are suspended and areas are inactive.

CSMP: Construction Site Monitoring Program.

NAL: Numeric Action Level.

NEL: Numeric Effluent Limit.

NPDES: National Pollutant Discharge Elimination System.

NOI: Notice of Intent.

Normal working hours: The hours you normally work on this project.

Preparation Manual: The Department's "Storm Water Pollution Prevention Plan and Water Pollution Control Program Preparation Manual."
QSD: Qualified SWPPP Developer.

QSP: Qualified SWPPP Practitioner.

Qualified rain event: A qualified rain event is a storm that produces at least 0.5 inch of precipitation with a 48 hour or greater period between storms.

REAP: Rain Event Action Plan.

RWQCB: Regional Water Quality Control Board.

SAP: Sampling and Analysis Plan.

SSC: Suspended Sediment Concentration.

SWRCB: State Water Resources Control Board. SWPPP: Storm Water Pollution Prevention Plan.

WDID: Waste Discharge Identification Number. WPC: Water Pollution Control.

WPC Manager: Water Pollution Control Manager. The WPC Manager implements water pollution control work described in the SWPPP and oversees revisions and amendments to the SWPPP.

Submittals
Within 20 days after contract approval, start the following process for SWPPP approval:

1. Submit 3 copies of the SWPPP and allow 20 days for the Engineer's review. If revisions are required, the Engineer provides comments and specifies the date that the review stopped.

2. Change and resubmit the SWPPP within 15 days of receipt of the Engineer's comments.

The Engineer's review resumes when the complete SWPPP is resubmitted.

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3. When the Engineer approves the SWPPP, submit an electronic and 4 printed copies of the approved SWPPP.

4. If the RWQCB reviews the approved SWPPP, the Engineer submits one copy of the approved SWPPP to the RWQCB for their review and comment. RWQCBs requiring time to review SWPPPs include:

5. If the Engineer requests changes to the SWPPP based on RWQCB comments, amend the SWPPP within 10 days.

Submit:

1. Storm water training records including training dates and subjects for employees and subcontractors. Include dates and subjects for ongoing training, including tailgate meetings.

2. Employee training records.

2.1. Within 5 days of SWPPP approval for existing employees

2.2. Within 5 days of training for new employees

2.3. At least 5 days before subcontractors start work for subcontractor's employees Prepare a Storm Water Annual Report for the reporting period from July 1st to June 30th. For the prior reporting period, submit the report no later than July 15th if construction occurs from July 1st through June 30th or within 15 days after contract acceptance if construction ends before June 30th.

Submit the Storm Water Annual Report as follows:

1. Submit 2 copies of the Storm Water Annual Report and allow 10 days for the Engineer's review. If revisions are required, the Engineer provides comments and specifies the date that the review stopped.

2. Change and resubmit the Storm Water Annual Report within 5 days of receipt of the Engineer's comments. The Engineer's review resumes when the complete Storm Water Annual Report is resubmitted.

3. When the Engineer accepts the Storm Water Annual Report, insert the WPC Manager's signed certification and the Engineer's signed certification.

Submit one electronic copy and 2 printed copies of the accepted Storm Water Annual Report.

Submit as required:

1. NAL Exceedance Reports

2. NEL Exceedance Reports

3. Visual Monitoring Reports

4. Inspection Reports

5. BMP Status Report
At least 5 days before operating any construction support facility, submit:

1. A plan showing the location and quantity of WPC practices associated with the construction support facility

2. A copy of the NOI approved by the RWQCB and the SWPPP approved by the RWQCB if you will be operating a batch plant or a crushing plant under the General Industrial Permit

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Quality Control and Assurance Training
Provide storm water training for:

1. Project managers

2. Supervisory personnel

3. Employees involved with WPC work
Train all employees, including subcontractor's employees, in the following subjects:

1. WPC rules and regulations

2. Implementation and maintenance for:

2.1. Temporary Soil Stabilization

2.2. Temporary Sediment Control

2.3. Tracking Control

2.4. Wind Erosion Control

2.5. Material pollution prevention and control

2.6. Waste management

2.7. Non-storm water management

2.8. Identifying and handling hazardous substances

2.9. Potential dangers to humans and the environment from spills and leaks or exposure to toxic or hazardous substances
Employees must receive initial WPC training before working on the job site. Conduct weekly training meetings covering:

1. WPC BMP deficiencies and corrective actions

2. BMPs that are required for work activities during the week

3. Spill prevention and control

4. Material delivery, storage, use, and disposal

5. Waste management

6. Non-storm water management procedures
Training for personnel to collect water quality samples must include:

1. SAP review

2. Health and safety review

3. Sampling simulations
A Storm Water Information Handout has been prepared for this contract and is available as described in "Supplemental Project Information" of these special provisions.

If you operate construction support facilities, protect storm water systems or receiving waters from the discharge of potential pollutants by using WPC practices.

Construction support facilities include:

1. Staging areas

2. Storage yards for equipment and materials

3. Mobile operations

4. Batch plants for PCC and HMA

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5. Crushing plants for rock and aggregate

6. Other facilities installed for your convenience such as haul roads If you operate a batch plant to manufacture PCC, HMA, or other material; or a crushing plant to produce rock or aggregate; obtain coverage under the General Industrial General Permit. You must be covered under the General Industrial Permit for batch plants and crushing plants located:

1. Outside of the job site

2. Within the job site that serve one or more contracts Discharges from manufacturing facilities such as batch plants must comply with the general waste discharge requirements for Order No. 2014-0057-DWQ as amended by Order 205-0122-DWQ, NPDES General Permit No. CAS000001, issued by the SWRCB for "Discharge of Stormwater Associated with Industrial Activities Excluding Construction Activities." For the General Industrial Permit, go to:
http://www.waterboards.ca.gov/
You may obtain copies of the Preparation Manual from the Publication Distribution Unit. The mailing address for the Publication Distribution Unit is:

State of California
Department of Transportation
Publication Distribution Unit
1900 Royal Oaks Drive
Sacramento, California 95815
Telephone: (916) 445-3520
The Preparation Manual and other WPC references are available at the Department's "Construction Storm Water and Water Pollution Control" Web site. For the Web site, go to:
https://dot.ca.gov/programs/construction/storm-water-and-water-pollution-control/manuals-andhandbooks Water Pollution Control Manager
Assign one WPC Manager to implement the SWPPP. The WPC Manager must comply with the Permit qualifications for a QSP and a QSD. You may assign a different QSD to prepare the SWPPP.

The QSD must have the following qualifications:

1. Department approved storm water management training described in the Department's "Construction Storm Water and Water Pollution Control" web site

2. Registration or certification described in the Permit The QSP must meet the qualifications of the QSD or have the following certifications:

1. Department approved storm water management training described in the Department's "Construction Storm Water and Water Pollution Control" web site

2. Certification described in the Permit

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At the job site, the WPC Manager must:

1. Be responsible for WPC work

2. Be the primary contact for WPC work

3. Oversee the maintenance of WPC practices

4. Oversee and enforce hazardous waste management practices

5. Have the authority to mobilize crews to make immediate repairs to WPC practices

6. Ensure that all employees have current water pollution control training

7. Implement the approved SWPPP and amend the SWPPP when required WPC Manager must oversee:

1. Inspections of WPC practices identified in the SWPPP

2. Inspections and reports for visual monitoring

3. Preparation and implementation of REAPs

4. Sampling and analysis

5. Preparation and submittal of:

5.1. NAL exceedance reports

5.2. NEL exceedance reports

5.3. SWPPP annual certification

5.4. Annual reports

5.5. BMP status reports
Storm Water Pollution Prevention Plan (SWPPP)
General
SWPPP work includes preparing a SWPPP including a CSMP, obtaining SWPPP approval, amending the SWPPP, inspecting and reporting on WPC practices at the job site. The SWPPP must comply with the Preparation Manual and the Permit. The SWPPP must be submitted in place of the water pollution control program under Section 13-2, "Water Pollution Control Program," of the Standard Specifications.

Additional WPC work will be paid for as extra work under Section 4-1.05, "Changes and Extra Work," of the Standard Specifications.

The SWPPP must include sections as specified for the project risk level as follows:

1. For risk level 1:

1.1. Schedule

1.2. CSMP

2. For risk level 2:

2.1. Schedule

2.2. CSMP

2.3. Adherence to Effluent Standards for NALs

2.4. REAP

3. For risk level 3:

3.1. Schedule

3.2. CSMP

3.3. Adherence to Effluent Standards for NALs and NELs

3.4. REAP

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The SWPPP must include WPC practices for:

1. Storm water and non-stormwater from areas outside of the job site related to project work activities such as:

1.1. Staging areas

1.2. Storage yards

1.3. Access roads

2. Activities or mobile operations related to contractor obtained NPDES permits

3. Construction support facilities
The SWPPP must include a copy of permits obtained by the Department such as Fish & Game permits, US Army Corps of Engineers permits, RWQCB 401 Certifications, and RWQCB Waste Discharge Requirements for Aerially Deposited Lead Reuse.

Amend the SWPPP annually and resubmit it by July 15th. Amend the SWPPP if:

1. Changes in work activities could affect the discharge of pollutants

2. WPC practices are added by change order work

3. WPC practices are added at your discretion

4. Changes in the amount of disturbed soil are substantial

5. Objectives for reducing or eliminating pollutants in storm water discharges have not been achieved

6. There is a Permit violation
Whenever you amend the SWPPP, follow the same process specified for SWPPP approval.

Retain a printed copy of the approved SWPPP at the job site.

SWPPP Schedule
The SWPPP schedule must:

1. Describe when work activities will be performed that could cause the discharge of pollutants into storm water

2. Describe WPC practices associated with each construction phase

3. Identify soil stabilization and sediment control practices for disturbed soil areas Construction Site Monitoring Program (CSMP)
General
The QSD must prepare a CSMP as part of the SWPPP. The CSMP must be developed before starting work and be revised to reflect current construction activities as necessary.

The CSMP must include sections for the project risk level as follows:

1. For risk level 1:

1.1. Visual Monitoring

1.2. SAP for Non-Visible Pollutants

2. For risk level 2:

2.1. Visual Monitoring

2.2. SAP for Non-Visible Pollutants

2.3. SAP for sediment and turbidity

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2.4. SAP for pH

3. For risk level 3:

3.1. Visual Monitoring

3.2. SAP for Non-Visible Pollutants

3.3. SAP for sediment and turbidity

3.4. SAP for pH

3.5. SAP for receiving waters

3.6. SAP for temporary active treatment systems
Visual Monitoring
The WPC Manager must oversee the performance of visual inspections for qualifying rain events.

For each qualifying rain event, perform visual inspections and record observations during normal working hours as follows:

1. Record the time, date, and rain gauge reading

2. Observe:

2.1. Within 2 days before the storm:

2.1.1 Drainage areas for spills, leaks, or uncontrolled pollutants

2.1.2 Proper implementation of WPC practices

2.1.3 Storm water storage areas for leaks and adequate freeboard

2.2. Every 24 hours during the storm:

2.2.1 WPC practices for effective operation

2.2.2 WPC practices needing maintenance and repair

2.3. Within 2 days after the storm event:

2.3.1. Discharge locations

2.3.2. WPC practices to evaluate the design, implementation, and effectiveness

2.3.3. To identify where additional WPC practices may be needed.

Perform non-stormwater discharge visual inspections as follows:

1. At least once during each of the following periods:

1.1. January through March

1.2. April through June

1.3. July through September

1.4. October through December

2. Observe flowing and contained storm water for the presence of floating and suspended materials, sheen on the surface, discoloration, turbidity, odors, and sources of observed pollutants

3. Observe the job site for the presence of authorized and unauthorized non-stormwater discharges and their sources
The WPC Manager must prepare visual inspection reports that include the following:

1. Name of personnel performing the inspection, inspection date, and date inspection report completed

2. Storm and weather conditions

3. Locations and observations

4. Corrective actions taken

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Maintain visual inspections reports at the job site as part of the SWPPP.

Sampling and Analysis Plan (SAP)
General
Include a SAP in the CSMP to monitor the effectiveness of WPC practices. The SAP must comply with the Preparation Manual.

Assign trained personnel to collect water quality samples. Document their training in the SAP.

Describe the following water quality sampling procedures in the SAP:

1. Sampling equipment

2. Sample preparation

3. Collection

4. Field measurement methods

5. Analytical methods

6. Quality assurance and quality control

7. Sample preservation and labeling

8. Collection documentation

9. Sample shipping

10. Chain of custody

11. Data management and reporting

12. Precautions from the construction site health and safety plan

13. Laboratory selection and certifications
Whenever assigned field personnel take samples, comply with the equipment manufacturer's recommendation for collection, analysis methods, and equipment calibration.

Samples taken for laboratory analysis must follow water quality sampling procedures and be analyzed by a State-certified laboratory under 40 CFR Part 136, "Guidelines Establishing Test Procedures for the Analysis of Pollutants."
The SAP must identify the State-certified laboratory, sample containers, preservation requirements, holding times, and analysis method. For a list of State-certified laboratories, go to:
https://www.waterboards.ca.gov/drinking_water/certlic/labs/ Include procedure for sample collection during precipitation.

Retain water quality sampling documentation and analytical results with the SWPPP at the job site.

Show pollutant sampling locations on SWPPP drawings.

If discharges or sampling locations change because of changed work activities or knowledge of site conditions, amend the SAP.

If the project is risk level 2 or risk level 3, include procedures for collecting and analyzing at least 3 samples for each day of each qualifying rain event. Describe the collection of effluent samples at all locations where the storm water is discharged off-site.

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Analytical Results and Evaluation
Submit an electronic copy (in file format .xls, .txt, .csv, .dbs, or .mdb) and a printed copy of water quality analytical results, and quality assurance and quality control within 48 hours of field analysis sampling, and within 30 days for laboratory analysis. Also provide an evaluation of whether the downstream samples show levels of the tested parameter that are higher than the control sample.

Electronic water quality analysis results must have the following information:

1. Sample identification number

2. Contract number

3. Constituent

4. Reported value

5. Analytical method

6. Method detection limit

7. Reported limit

8. SAP for Non-Visible Pollutants
The SAP must include a description of the sampling and analysis strategy for monitoring non- visible pollutants.

The SAP must identify potential non-visible pollutants present at the job site associated with any of the following:

1. Construction materials and waste

2. Existing contamination due to historical site usage

3. Application of soil amendments, including soil stabilization materials, with the potential to change pH or contribute toxic pollutants to storm water SWPPP drawings must show the locations planned for storage and use of potential non-visible pollutants.

The SAP must include sampling procedures for the following conditions when observed during a storm water visual inspection. For each of the following, collect at least one sample for each qualifying storm event:

1. Materials or waste containing potential non-visible pollutants that are not stored under watertight conditions

2. Materials or waste containing potential non-visible pollutants that are stored under watertight conditions, but a breach, leakage, malfunction, or spill is observed; the leak or spill has not been cleaned up before precipitation; and material or waste could discharge non-visible pollutants to surface waters or drainage system

3. Chemical applications, including fertilizer, pesticide, herbicide, methyl methacrylate concrete sealant, or non-pigmented curing compound used during precipitation or within 24 hours preceding precipitation, and could discharge pollutants to surface waters or drainage system

4. Applied soil amendments, including soil stabilization materials that could change pH levels or contribute toxic pollutants to storm water runoff and discharge pollutants to

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surface waters or drainage system, unless available independent test data indicates acceptable concentrations of non-visible pollutants in the soil amendment

5. Storm water runoff from an area contaminated by historical usage of the site that could discharge pollutants to surface waters or drainage systems The SAP must provide sampling procedures and schedule for:

1. Sample collection during the first 2 hours of each rain event that generate runoff

2. Sample collection during normal working hours

3. Each non-visible pollutant source

4. Uncontaminated control sample
The SAP must identify locations for sampling downstream and control samples, and reasons for selecting those locations. Select control sample locations where the sample will not come in contact with materials, waste, or areas associated with potential non-visible pollutants or disturbed soil areas.

SAP for Sediment and Turbidity
If the project is risk level 2 or risk level 3, sample and analyze for turbidity:

Parameter Test Method Detection Limit
(Min)
Unit
Turbidity Field test with calibrated
portable instrument
1 NTU
If the project is risk level 3 and the turbidity NEL has been exceeded, sample and analyze for SSC:

Parameter Test Method Detection Limit
(Min)
Unit
SSC ASTM Method D3977-97 5 Mg/L
SAP for pH
If the project is risk level 2 or risk level 3, sample and analyze for pH:

Parameter Test Method Detection Limit
(Min)
Unit
pH Field test with calibrated
portable instrument

0.2 pH units
SAP for Receiving Waters
If the project is risk level 3, describe procedures for obtaining samples from representative and accessible locations:

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1. Upstream of the discharge point

2. Downstream of the discharge point
Show receiving water sampling locations on SWPPP drawings.

If there are several discharge points, describe procedures for obtaining samples from a single upstream and a single downstream location.

Rain Event Action Plan (REAP)
REAP work includes preparing and submitting REAP forms and monitoring weather forecasts. The WPC Manager must submit a REAP to protect the job site at least 48 hours before a predicted rain event.

Prepare a REAP when the National Weather Service is predicting at least a 50 percent probability of precipitation within 72 hours.

For the REAP, use approved forms and include:

1. Site location

2. Risk level

3. Contact information including 24-hour emergency phone numbers for:

3.1. WPC Manager

3.2. Erosion and sediment control providers or subcontractors

3.3. Storm water sampling providers or subcontractors

4. Storm Information

5. Construction phase information for:

5.1. Highway Construction including active and inactive areas for work activities for building roads and structures

5.2. Plant Establishment including maintenance on vegetation installed for final stabilization where areas are inactive

5.3. Suspension where work activities are suspended and areas are inactive

6. Construction phase information including:

6.1. Construction activities

6.2. Subcontractors and trades on the job site

6.3. Pre-storm activities including:

6.3.1. Responsibilities of the WPC Manager

6.3.2. Responsibilities of the crew and crew size

6.3.3. Stabilization for active and inactive disturbed soil areas

6.3.4. Stockpile management

6.3.5. Corrective actions taken for deficiencies identified during pre-storm visual inspection

6.4. Activities to be performed during storm events including:

6.4.1. Responsibilities of the WPC Manager

6.4.2. Responsibilities of the crew and crew size

6.4.3. BMP maintenance and repair

6.5. Description of flood contingency measures

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You must have the REAP onsite at least 24 hours before a predicted rain event. A printed copy of each REAP must be at the job site as part of the SWPPP
Implement the REAP including mobilizing crews to complete activities no later than 24 hours before precipitation occurs.

Implementation Requirements
SWPPP Implementation
Obtain, install, and maintain a rain gauge at the job site. Observe and record daily precipitation.

Monitor the National Weather Service Forecast Office on a daily basis. For forecasts, go to:
https://www.weather.gov/sto/
Whenever you or the Engineer identifies a deficiency in the implementation of the approved SWPPP:

1. Correct the deficiency immediately, unless the Engineer agrees to a later date for making the correction

2. Correct the deficiency before precipitation occurs
If you fail to correct the deficiency by the agreed date or before the onset of precipitation, the Department may correct the deficiency and deduct the cost of correcting the deficiency from payment.

Continue SWPPP implementation during any temporary suspension of work activities.

Install WPC practices within 15 days or before predicted precipitation, whichever occurs first.

Numeric Action Levels (NALs)
If the project is risk level 2 or risk level 3, then it is subject to NALs:

Parameter Test Method Detection
Limit (Min)
Unit Numeric Action Limit
pH Field test calibrated
with portable
instrument

0.2 pH units Lower NAL = 6.5
Upper NAL = 8.5
Turbidity Field test calibrated
with portable
instrument
1 NTU 250 NTU

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Numeric Effluent Limits (NELs)
If the project is risk level 3, then it is subject to NELs:

Parameter Test Method Detection
Limit (Min)
Unit Numeric Effluent Limit
pH Field test calibrated
with portable
instrument

0.2 pH units Lower NEL = 6.0
Upper NEL = 9.0
Turbidity Field test calibrated
with portable
instrument
1 NTU 500 NTU
The storm event daily average for storms up to the 5-year, 24-hour storm, must not exceed the NEL for turbidity.

The daily average sampling results must not exceed the NEL for pH.

Storm Water Sampling and Analysis Day
Storm Water Sampling and Analysis Day work includes preparation, collection, analysis, and reporting of storm water samples for turbidity, pH, and other constituents. If the project is risk level 2 or risk level 3, and there is a qualified rain event that produces runoff, comply with the project's SAP for preparation, collection, analysis, and reporting of storm water samples. Collect:

1. Samples for each non-visible pollutant source and a corresponding uncontaminated control sample

2. Samples for turbidity, pH, and other constituents as specified

3. At least 3 samples for each day of each qualifying rain event

4. Samples for all locations where the storm water is discharged off-site Perform sample collection during:

1. First 2 hours of each qualified rain event that produces runoff

2. Normal working hours
If the project is risk level 3, obtain receiving water samples.

You are not required to physically collect samples during dangerous weather conditions such as flooding or electrical storms.

If downstream samples show increased levels, assess WPC practices, site conditions, and surrounding influences to determine the probable cause for the increase.

Inspection
The WPC Manager must oversee inspections for WPC practices identified in the SWPPP:

1. Before a forecasted storm

2. After precipitation that causes site runoff

3. At 24-hour intervals during extended precipitation

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4. On a predetermined schedule, a minimum of once a week The WPC Manager must oversee daily inspections of:

1. Storage areas for hazardous materials and waste

2. Hazardous waste disposal and transporting activities

3. Hazardous material delivery and storage activities

4. WPC practices specified under "Construction Site Management" of these special provisions
The WPC Manager must use the Storm Water Site Inspection Report provided in the Preparation Manual.

The WPC Manager must prepare BMP status reports that include the following:

1. Location and quantity of installed WPC practices

2. Location and quantity of disturbed soil for the active or inactive areas Within 24 hours of finishing the weekly inspection, the WPC Manager must submit:

1. Copy of the completed site inspection report

2. Copy of the BMP status report
Reporting Requirements
Storm Water Annual Report
Storm Water Annual Report work includes certifications, monitoring and inspection results, and obtaining Storm Water Annual Report acceptance. The WPC Manager must prepare a Storm Water Annual Report. The report must:

1. Use an approved report format

2. Include project information including description and location

3. Include storm water monitoring information including:

3.1. Summary and evaluation of sampling and analysis results including laboratory reports

3.2. Analytical methods, reporting units, detections limits for analytical parameters

3.3. Summary of corrective actions

3.4. Identification of corrective actions or compliance activities that were not implemented

3.5. Summary of violations

3.6. Names of individuals performing storm water inspections and sampling

3.7. Logistical information for inspections and sampling including location, date, time, and precipitation

3.8. Visual observations and sample collection records

4. Include documentation on training for:

4.1. Individuals responsible for NPDES permit compliance

4.2. Individuals responsible for BMP installation, inspection, maintenance, and repair

4.3. Individuals responsible for preparing, revising, and amending the SWPPP

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NAL Exceedance Report
If the project is risk level 2 or risk level 3 and an effluent sample exceeds a NAL, notify the Engineer and submit a NAL Exceedance Report no later than 48 hours after the conclusion of the storm event. The report must:

1. Include the following field sampling results and inspections:

1.1. Analytical methods, reporting units, and detection limits

1.2. Date, location, time of sampling, visual observation and measurements

1.3. Quantity of precipitation of the storm event

2. Description of BMPs and corrective actions taken to manage NAL exceedance NEL Violation Report
If the project is risk level 3 and an NEL is exceeded, notify the Engineer and submit a NEL Violation Report within 6 hours. The report must:

1. Include the following field sampling results and inspections:

1.1. Analytical methods, reporting units, and detection limits

1.2. Date, location, time of sampling, visual observations and measurements

1.3. Quantity of precipitation of the storm event

2. Description of BMPs and corrective actions taken to manage NEL exceedance If the project is risk level 2 or risk level 3, submit all sampling results to the Engineer no later than 48 hours after the conclusion of a storm event.

Measurement and Payment
The contract lump sum price paid for “Water Pollution Control” includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in street sweeping, including disposal of collected material, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.

The contract lump sum price paid for prepare storm water pollution prevention plan includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing, obtaining approval of, and amending the SWPPP and CSMP, inspecting water pollution control practices, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

The City does not adjust payment for an increase or decrease in the quantity of storm water sampling and analysis day.

You may request or the Engineer may order laboratory analysis of storm water samples. Laboratory analysis of storm water samples will be paid for as extra work under Section 4- 1.05D, “Extra Work,” of the State Standard Specifications.

The City does not pay for the preparation, collection, laboratory analysis, and reporting of storm water samples for non-visible pollutants if WPC practices are not implemented before precipitation or if a failure of a WPC practice is not corrected before precipitation.

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The City does not pay for implementation of WPC practices in areas outside the highway right- ofway not specifically provided for in the plans or in the special provisions.

The City does not pay for WPC practices installed at your construction support facilities.

WPC practices for which there are separate bid items of work are measured and paid for as those bid items of work.

STREET SWEEPING
This work includes street sweeping.

The SWPPP must describe and include the use of street sweeping as a water pollution control practice for sediment control and tracking control.

Submittals
At least 5 business days before starting clearing and grubbing, earthwork, or other activities with the potential for tracking sediment or debris, submit:

1. Number of sweepers described in the SWPPP

2. Type of sweeper technology
Quality Control and Assurance
Retain and submit records of street sweeping including:

1. Quantity of sweeping waste disposal

2. Sweeping times and locations
Construction
Street Sweepers
Sweepers must use one of these technologies:

1. Mechanical sweeper followed by a vacuum-assisted sweeper

2. Vacuum-assisted dry (waterless) sweeper

3. Regenerative-air sweeper
Operation
Street sweeping must be done at:

1. Paved roads at job site entrance and exit locations

2. Paved areas within the job site that flow to storm drains or water bodies Street sweeping must be done:

1. During clearing and grubbing activities

2. During earthwork activities

3. During trenching activities

4. During roadway structural section activities

5. When vehicles are entering and leaving the job site

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6. After soil disturbing activities

7. After observing offsite tracking of material
Monitor paved areas and roadway within the jobsite. Street sweeping must be done:

1. Within 1 hour, if sediment or debris is observed during activities that require sweeping

2. Within 24 hours, if sediment or debris is observed during activities that do not require sweeping
At least 1 sweeper must be on the job site at all times when sweeping work is required. The sweeper must be in good working order.

Perform street sweeping to minimize dust. If dust generation is excessive or sediment pickup is ineffective, use water or a vacuum.

You may stockpile collected material on the jobsite according to the approved SWPPP. Dispose of collected material at least once per week.

Material collected during street sweeping must be removed and disposed of under Section 13-

4.03F, "Sweeping," of the Standard Specifications.

Your WPCM must inspect paved roads at job site access points:

1. Daily if earthwork and other sediment or debris generating activities occur daily

2. Weekly if earthwork and other sediment or debris generating activities do not occur daily

3. When the National Weather Service predicts precipitation with a probability of at least 30 percent
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be allowed, therefore.

SURVEYING SERVICES
The contractor is responsible for all necessary surveying and layout work to complete the project as specified.

The Contractor will arrange for performance of survey work and construction layout and will be responsible for the accuracy of surveying adequate for construction. The selection of a Surveyor by the Contractor will be subject to approval by the Engineer. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Surveyor at the expense of the Contractor. The Contractor will dig all holes necessary for line and grade stakes.

Full cost of providing surveys shall be borne exclusively by the Contractor. Survey staking should be done under the direction/supervision of a licensed surveyor.

Payment for "Surveying Services” shall be at the contract lump sum price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.

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MONUMENTATION
As of the date of the start of Notice to Proceed (NTP), the contractor shall comply with preservation of all survey monuments as shown on record maps and on the project plan of the job site. As required in the Business and Professional Code Section §8771, when monuments exist that control the location of subdivisions, tracts, boundaries, roads, streets, or highways, or provide horizontal or vertical survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the time when any streets, highways, other rights-of-way, or easements are improved, constructed, reconstructed, maintained, resurfaced, or relocated, and a corner record or record of survey of the references shall be filed with the county surveyor prior to any construction.

The decision to file either the required corner record or a record of survey pursuant to subdivision shall be at the election of the licensed land surveyor or registered civil engineer submitting the document.

If a survey monument is destroyed after the NTP, the Contractor shall be responsible for the replacement of the monument.

A survey monument will be considered destroyed that has been:
• Moved more than 0.02 ft in any direction from the ties provided by and certified by a Licensed Land Surveyor
• Broken.
• Disturbed to a point that the survey monument’s position is no longer fixed or stable. • Removed from the ground for any reason.
• Vertically adjusted without the written authorization of the City Engineer.

Adjustment of survey monuments shall be completed under the direction of a Land Surveyor or a Registered Engineer licensed to practice in the State of California. The City Engineer or the City Surveyor shall be provided with the final positional data (both horizontal and/or vertical), along with certification by the Land Surveyor licensed by the State of California supervising the work that the position of adjusted monument meets the specification that the horizontal position is maintained within 0.01 ft of the original position of the monument and/or that the vertical position shall be within

0.006 ft relative to the measured difference between the original and the final adjusted vertical position of the monument. A corner record or record of survey shall be filed with the county surveyor to satisfy Business and Professional Code Section §8771.

DESTROYED SURVEY MONUMENT
Any survey monument that is destroyed after the date of the start of work, and the responsible party is unclear or not determinable, the monument shall be replaced by the City of Ceres, unless otherwise approved by the City Engineer, and there shall be a $2,000.00 deduction from the cost of the contract in favor of the City of Ceres.

REMOVE EXISTING SURVEY MONUMENT
This shall include the cost of: removing, cleaning and storing existing monument, frame and cover; making arrangement for pickup; and disposal of damaged or unusable monument, frame and cover.

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INSTALL NEW MONUMENT FRAME AND COVER
This shall include the cost of purchasing and installing the new frame and cover; removing and disposing existing frame and cover.

RESET EXISTING MONUMENT FRAME AND COVER
This shall include the cost of removing, cleaning, and resetting existing frame and cover.

VERTICAL ADJUSTMENT OF EXISTING SURVEY MONUMENT
This shall include the cost of: removing, cleaning, and reinstalling existing frame and cover; reestablishing the point of elevation and the theoretical position value. The price shall also include the filing of all necessary documents with the proper agencies.

Where all or part of a project is within the City of Ceres limits, the Contractor shall adhere to the City of Ceres Survey Monument Specification – M-5 - SURVEY MONUMENTATION for those monuments that are part of the project within the city limits.

Payment will be made only if monument(s) may be affected by the proposed work, and then only for ordinary and necessary expenses of compliance with this section.

AS-BUILT DRAWINGS
Record Drawings shall be submitted before the notice of completion is filed and must include the following:
• Shall be submitted as a marked-up PDF of the approved plan set, accurately reflecting all field changes.
• Surveyor’s/Engineers statement (with embossed or wet seal and with and original signature on each sheet) shall verify the as-built drawings reflect the true conditions in the field. • Contractor’s statement (with original signature on each sheet) shall verify all construction specifications and product qualities have been met or exceeded. • “AS-BUILT DRAWINGS” or “RECORD DRAWINGS” shall be clearly labeled on each sheet. • The location and elevation of the benchmark referenced will be shown on the drawing. • Corrected placement, grade, elevation and alignment of roads, water system, sewer and storm system, lighting system and appurtenances, pipe sizes, material changes, shall all be shown on as-built drawing.
• All horizontal distances shall be shown to the nearest tenth of a foot (0.1’). All elevations shall be shown to the nearest five hundredths of a foot (0.05’).

Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be allowed, therefore.

PORTABLE CHANGEABLE MESSAGE SIGNS
This section specifies requirements for the deployment and use of portable changeable message signs (PCMS) to inform the public of upcoming construction activities or detours. All PCMS units shall comply with City of Ceres standards, Section 9.

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Requirements

1. Sign Placement: Portable message signs shall be placed at designated locations as shown in the traffic control plan, with sufficient visibility to provide advance warning to motorists.

2. Message Content: Messages displayed shall be clear, concise, and relevant to current construction activities or detours. Messages shall be approved by the City Engineer prior to deployment.

3. Operation and Maintenance: The contractor is responsible for ensuring that message signs remain operational and clearly visible. Signs shall be inspected and adjusted daily or as needed.

Payment for “Portable Changeable Message Signs” shall be at the contract unit price as set forth in the proposal and shall include labor, materials, and equipment necessary for deploying, operating, and maintaining portable changeable message signs per City standards in Section 9.

PROJECT FUNDING SIGNS
The Contractor will provide project funding signs. The Contractor shall install the provided signs per Caltrans Section 82-3 Roadside Signs at the location identified on the plans.

Post shall be 4x4 pressure treated wood post. Signpost shall have a minimum embedment of two feet and six inches (2’-6”).

For this project, the Measure L sign shall be pressed aluminum, single-sided, with an antigraffiti coating, and shall measure 72 inches in width and 48 inches in height. The design will be provided by the Engineering Department.

Contractor to coordinate with City on location. USA Service Alert required prior excavating sign foundation. This item also includes the removal and delivery of the sign to Public Works. Restore area per section “Restoration” of this Spec.

All materials, installation type and methods shall conform to the latest edition of the Caltrans Standard Specifications.

Payment for Item, "Project Identification Sign," shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the installation of this item.

REMOVE TREE
The Contractor shall remove the tree where shown on the plans. Tree removal shall conform to the provisions of Section 17-2, "Clearing and Grubbing," of the State Specifications and these Special Provisions.

The root ball of each tree shall be completely removed and disposed of, along with any roots greater than 1/2 inch in diameter located within the structural section of any sidewalk, curb and gutter, or roadway. The resulting excavation shall be backfilled with native soil and compacted in conformance with the City Standards and Details and as shown on the plans.

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In residential areas where irrigation is present, the Contractor shall restore the disturbed area by furnishing and installing sod to match the surrounding landscape. The Contractor shall repair, replace, or adjust any irrigation components damaged during tree removal operations to provide a fully functional irrigation system.

Payment for "Remove Tree" shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.

REMOVE IVY
The Contractor shall remove the ivy where shown on the plans. Ivy removal shall conform to the provisions of Section 17-2, "Clearing and Grubbing," of the State Specifications and these Special Provisions.

The Contractor shall make every reasonable effort to remove the ivy by pulling it over the wall from the public side to minimize impacts to adjacent private property. If entry onto private property is required or if any ivy, vegetation, or other debris falls onto a resident's property during the removal operations, the Contractor shall be solely responsible for coordinating with the affected resident to obtain access, remove all debris, and restore the property to a clean condition satisfactory to the resident and the Engineer. Any damage to private property resulting from the Contractor's operations shall be repaired by the Contractor at no additional cost to the City.

Payment for "Remove Ivy" shall be at the contract lump sum price as set forth in the proposal and shall include all labor, materials, tools, equipment, coordination with affected property owners, cleanup, disposal, and all work necessary for the completion of this item.

SAWCUT EXISTING CONCRETE AND ASPHALT PAVEMENT
Sawcutting shall conform to the provisions in Section 39, "Asphalt Concrete," and Section 40 “Concrete Pavement,” of the State Standard Specifications and these special provisions. Contractor shall provide a Lead Compliance Plan to the City Engineer for review prior to sawcutting existing concrete and asphalt concrete.

Where no joint exists in concrete on the line at which concrete is to be removed, a straight, neat cut with a power driven saw shall be made along the line to a minimum depth of 2 inches before removing the concrete. Existing asphalt shall be sawcut to a minimum depth of 2 inches and asphalt surface that borders the demolition area shall be protected from damage.

Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work that calls for “Sawcutting” and no additional compensation will be allowed, therefore.

REMOVE ASPHALT CONCRETE
The removal of asphalt concrete pavement shall conform to the provisions in Section 39-3.02, “Replace Asphalt Concrete Surfacing,” of the State Specifications and these Special Provisions.

Remove existing asphalt concrete pavement, base and/or subgrade to a depth established by the Engineer or as shown on the plans. Where a portion of the surface is to remain in place, saw a neat line with a power-driven saw along the edge of the portion to remain in place before starting the removal operation.

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Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the highway right-of-way in accordance with the provisions in Section 5-1.20B(4), “Contractor-Property Owner Agreement,” of the State Specifications.

Payment for "Remove Asphalt Concrete" shall be at the contract square foot price as set forth in the proposal and shall include all labor, materials, tools, equipment, sawcutting, and all work necessary for the completion of this item.

REMOVE CONCRETE CURB & GUTTER
The contractor shall remove portions of the concrete curb and gutter including returns as shown on the improvement plans and called for in these specifications. Existing concrete shall be sawcut to provide a smooth transition. The contractor shall also include the removal of existing aggregate base material.

Surplus material shall become the property of the Contractor and shall be disposed of at the Contractor’s expense outside the right-of-way.

Payment for “Remove Concrete Curb & Gutter” shall be at the contract linear foot price as set forth in the proposal and shall include all labor, materials, tools, equipment, sawcutting trenching, backfilling and all work necessary for the completion of this item.

REMOVE CONCRETE SIDEWALK, CURB RAMP, AND DRIVEWAY
The contractor shall remove portions of the existing concrete sidewalk, driveways, and valley gutters where shown on the plans and called for in these specifications. Existing concrete shall be sawcut to provide a smooth transition.

Surplus material shall become the property of the Contractor and shall be disposed of at the Contractor’s expense outside the right-of-way.

Payment for “Remove Concrete Sidewalk, Curb Ramp and Driveway” shall be at the contract square foot price as set forth in the proposal and shall include all labor, materials, tools, equipment, sawcutting, trenching, backfilling and all work necessary for the completion of this item and no additional compensation will be made, therefore.

ABANDON DRYWELL DRAINAGE UNIT
The work shall consist of removing the existing drywell lid, top three (3) feet, and concreting over drywell. Removed materials that are not to be salvaged or reused and surplus excavated material shall become the property of the Contractor and shall be disposed of at the Contractor's expense outside the right-of-way in accordance with Section 14-10, "Solid Waste Disposal and Recycling," of the State Specifications..

Payment for "Abandon Drywell Drainage Unit,” shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.

REMOVE AND REPLACE FIRE HYDRANT
The Contractor shall remove the existing fire hydrant and furnish and install a new wet-barrel fire hydrant at the location shown on the Plans. The hydrant lateral/service line to the water main shall remain in place unless otherwise directed by the City Inspector.

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Fire hydrants shall be Clow Model 960 or an approved equal and shall conform to AWWA C-503 requirements for wet-barrel fire hydrants. The hydrant shall be painted “Caterpillar Yellow” using a polyurethane high-duty industrial enamel coating.

Installation shall include all fittings, extensions, reducers, excavation, backfill, compaction, testing, adjustment to finished grade and final location, and all incidental work required for a complete installation.

Installation shall conform to the City of Ceres Standards and the most current Caltrans Standard Specifications.

Payment for "Remove and Replace Fire Hydrant" shall include removal of the existing hydrant, furnishing and installing the new hydrant, adjustments to align with finished grade and location, and all labor, materials, tools, equipment, and all work necessary for the completion of this item.

ADJUST AND RECONSTRUCT EXISTING ROLLING GATE
The Contractor shall adjust and reconstruct the existing rolling gate at the locations shown on the Plans to accommodate the proposed sidewalk improvements. Work shall consist of removal and reconstruction of the existing gate track slab, adjustment or relocation of the gate track, rollers, guides, stops, supports, and associated hardware, and all work necessary to restore the rolling gate to a fully operational condition.

The Contractor shall protect existing gate components during construction and shall ensure the rolling gate is fully operational upon completion of the work. Any damaged or unsuitable components shall be repaired or replaced as necessary to restore the rolling gate to a complete and functional condition.

Payment for “Adjust and Reconstruct Existing Rolling Gate” shall be at the Contract unit price per each set forth in the Proposal and shall include full compensation for all labor, materials, tools, equipment, gate adjustments, reconstruction, repairs, incidental work, and all work necessary for the completion of this item.

REMOVE SIGN
The Contractor shall remove existing signs at the locations shown on the Plans. Removal shall include the sign panel, post(s), foundation, hardware, and all associated appurtenances necessary to complete the removal.

Existing signs shall remain in place and in service until removal is required for construction activities or as directed by the Engineer. Where existing signs must be removed prior to installation of permanent signs, the Contractor shall furnish and install temporary signs and supports as necessary to maintain proper traffic control and public safety. Temporary signs shall be maintained in a visible and legible condition for the duration of their use.

The Contractor shall exercise care during removal operations to avoid damage to adjacent improvements. Removed sign panels, posts, hardware, and appurtenances shall remain the property of the Contractor unless otherwise directed by the Engineer. Items designated by the City for salvage shall be carefully removed and delivered to a location specified by the Engineer.

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Where shown on the Plans, the Contractor shall restore the disturbed area to match existing conditions, including removal of abandoned foundations, backfill, compaction, and repair of adjacent pavement, sidewalk, landscaping, or other improvements.

Payment for "Remove Sign" shall be at the contract unit price set forth in the Proposal and shall include all labor, materials, tools, equipment, removal, disposal, temporary signage, salvage delivery, restoration, and all work necessary for the completion of this item.

REMOVE AND RELOCATE MAILBOX
The Contractor shall remove and relocate existing mailboxes at the locations shown on the Plans.

The Contractor shall carefully remove existing mailbox assemblies, including mailbox units, posts, supports, and associated hardware, and shall reinstall the mailbox at the new location shown on the Plans or as directed by the Engineer. Relocated mailboxes shall be installed at the back of sidewalk, outside of the pedestrian walkway area, and shall not obstruct the accessible path of travel. Mailboxes shall be installed plumb, secure, and accessible to the property owner.

Any mailbox, post, support, or hardware damaged during removal or relocation operations shall be repaired or replaced by the Contractor at no additional cost to the City. Replacement materials shall be of equal or better quality and shall be approved by the Engineer.

Payment for "Remove and Relocate Mailbox" shall be at the contract unit price set forth in the Proposal and shall include all labor, materials, tools, equipment, removal, relocation, reinstallation, repairs, and all work necessary for the completion of this item.

REMOVE EXISTING TRAFFIC LOOP BOX
The Contractor shall remove existing traffic loop boxes at the locations shown on the Plans.

Removal shall include the traffic loop box, cover, frame, lid, conduit terminations, wiring within the box, and all associated appurtenances necessary to complete the removal.

The Contractor shall coordinate with the City prior to removal of any traffic loop box. Any existing loop conductors, conduits, or other traffic signal or traffic detection components designated to remain shall be protected from damage during construction.

Where the existing traffic loop box is located within pavement, the Contractor shall remove the box and all associated appurtenances, backfill the resulting excavation, and restore the pavement section in accordance with the City Standards and Details, the Plans, and the applicable specifications. Pavement restoration shall include aggregate base, asphalt concrete, or concrete improvements, as required, to match the adjacent existing improvements.

The resulting excavation shall be backfilled and compacted in accordance with the City Standards and Details and as shown on the Plans. All areas disturbed by the removal operations shall be restored to match existing conditions or as shown on the Plans.

Payment for "Remove Existing Traffic Loop Box" shall be at the contract unit price set forth in the Proposal and shall include full compensation for all labor, materials, tools, equipment, traffic control,

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removal, disposal, backfill, compaction, pavement restoration, and all incidental work necessary to complete this item.

REMOVE STREETLIGHT
The Contractor shall remove the existing streetlight at the location shown on the Plans. Removal shall include the streetlight pole, luminaire, foundation, conduit, conductors, and all associated appurtenances necessary to complete the removal. The Contractor shall properly disconnect, remove, and dispose of removed materials in accordance with applicable regulations, unless otherwise directed by the City. Streetlight components that are determined by the Engineer to be in good condition shall be returned to the City of Ceres at a location designated by the Engineer.

Payment for "Remove Streetlight" shall be at the contract unit price set forth in the Proposal and shall include disconnection, removal, disposal, and all labor, materials, tools, equipment, and incidentals necessary to complete the work as shown on the Plans and as specified. The furnishing and installation of the new streetlight shall be paid under the applicable "Install Streetlight" bid item.

AGGREGATE BASE
The Contractor shall furnish and install aggregate base in accordance with the current City of Ceres Standards, the Plans, and these Special Provisions.

Aggregate Base (AB) shall be Class 2 and conform to the ¾-inch maximum grading provisions in Section 26, “Aggregate Bases” of the State Standard Specifications. A certificate of compliance, accompanied by test results dated within three (3) months prior to the submittal date and performed by a Caltrans-certified tester, shall be submitted to the City for review and approval prior to placement. Native subgrade material shall be prepared in accordance with the Improvement Plans prior to placement. In addition to the certificate of compliance the City’s testing firm will also test material for compliance. If out of compliance, the City’s results supersede any certificate of compliance.

The Contractor shall, to a depth of 12-inches, uniformly moisture condition the existing sub-grade to at least the optimum moisture content and compact to at least 95% relative compaction as determined by ASTM D1557 followed by varying thicknesses of Caltrans Class 2 aggregate base compacted to 95% relative compaction.

Payment for “Aggregate Base,” shall be considered included with the individual items requiring Aggregate Base and no additional compensation shall be provided.

CONSTRUCT COMMERCIAL DRIVEWAY APPROACH
The Contractor shall install concrete driveway approach accordance with the details shown on the Plans, and these Special Provisions. This item shall include subgrade preparation, aggregate base material, compaction, polyolefin vapor barrier (if necessary) and all conditions described herein and as detailed on the plans.

The concrete driveway approach shall have a minimum thickness of 6-inch, 4,000 psi minimum, slump of 4-inch +/- 1-inch, match the existing adjacent concrete valley gutter finish and in accordance with the Plans, and these Special Provisions.

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The Contractor shall moisture condition subgrade to at least the optimum moisture content to a depth of 12” and compact existing sub-grade at least 95%, followed by 6” thick of Caltrans Class 2 aggregate base compacted to 95% relative compaction, as determined by ASTM D1557.

Actual work quantities to be paid are those quantities marked and agreed upon in the field between the Engineer and the Contractor prior to demolition. No additional repairs beyond the limits marked and agreed upon in the field, as actual quantities will be paid therefor.

Payment for “Construct Commercial Driveway Approach,” shall be for the contract square foot price as set forth in the proposal and shall include all labor, materials, tools, equipment, backfill, aggregate base, polyolefin, compaction and all work necessary for the completion of this item.

CONSTRUCT CONCRETE CURB
The Contractor shall construct concrete curb and gutter in accordance with the Plans, and these Special Provisions. This item shall include vertical curb, return curbs, transition curbs (5’ minimum), subgrade preparation, aggregate base material, compaction, and all conditions described in these technical specifications.

Aggregate base shall have a minimum thickness as shown on the plans and comply with the "Aggregate Base" section of these specifications.

Maintain existing flow line in reconstruction.

Payment for “Construct Curb & Gutter," and “Construct Vertical Curb,” shall be for the contract linear foot price as set forth in the proposal and shall include all labor, materials, tools, equipment, backfill, aggregate base, compaction, and all work necessary for the completion of this item.

CONSTRUCT CONCRETE SIDEWALK AND RETURN
The Contractor shall install concrete sidewalk and driveways in accordance with the details shown on the Plans, and these Special Provisions. This item shall include all curb ramps, subgrade preparation, aggregate base material, compaction, and all conditions described herein and as detailed on the plans. Sidewalk and driveway thickness shall be as indicated on the plans.

The concrete sidewalk shall have a minimum thickness of 4-inch, minimum 3,000psi, slump of 4- inch +/- 1-inch, match the existing adjacent concrete walk finish and in accordance with the Plans, and these Special Provisions.

All concrete sidewalk shall be poured separately from concrete curb and gutter. Monolithic pours of curb, gutter, and sidewalk is not allowed.

The concrete walk shall have ½” felt expansion joint to be installed at 60’ maximum intervals and control joints spaced every 5’ on center.

As part of the sidewalk quantity the Contractor shall install all concrete handicap access ramps in accordance with Caltrans Standard Plan RSP A88A, the Plans, and these Special Provisions.

Design is for a maximum longitudinal slope of 7.5% and a 1.5% lateral slope. This item shall include subgrade excavation and preparation, base material placement and compaction, concrete, rebar, and all conditions described on the plans and in the applicable City of Ceres Standard Designs.

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Native subgrade material shall be, to a depth of 12 inches, uniformly moisture conditioned to at least the optimum moisture content, and compacted to at least 95% relative compaction as determined by ASTM D1557.

All concrete within sidewalks, curb ramps, driveways, and other concrete improvements shall be constructed to the thicknesses shown on the Plans. The Contractor shall provide the specified concrete thickness for each improvement type in accordance with the Project Plans and these Special Provisions.

All ramps shall have ADA Compliance and Caltrans approved truncated domes.

Payment for “Construct 4” Concrete Sidewalk and Return," and “Construct 6” Concrete Driveway,” shall be for the contract square foot price as set forth in the proposal and shall include all labor, materials, tools, equipment, clearing and grubbing, backfill, compaction, and all work necessary for the completion of this item.

CONSTRUCT CURB RAMP
The contractor shall be responsible for the construction and placement of curb ramp, including, curb and gutter, retaining curb, five foot (5’) transitions between curb types, ramp grade breaks, detectable warning surface, aggregate base (Class 2), and all concrete flat works . All work shall be according to the Plans and shall conform to the provisions of the Standard Specifications, City of Ceres Standard Specifications C-8B and C-8C, “Pedestrian ADA Curb Ramp,” and the Construction Details.

Detectable/tactile warning surfaces shall comply with the detectable warnings on walking surfaces section of the Americans with Disabilities Act (Title III Regulations, 28 CFR Part 36 ADA STANDARDS FOR ACCESSIBLE DESIGN, Appendix A, Section 4.29.2 DETECTABLE WARNINGS ON WALKING SURFACES).

California Code of Regulations (CCR): Provide only approved DSAAC detectable warning products as provided in the California Code of Regulations (CCR) Title 24, Part 2, Section 205 definition of “Detectable Warning.” Section 1117A.4 and 11B-705 for "Detectable Warnings and Detectable Directional Texture”.

Vitrified Polymer Composite (VPC) Cast-in Place Detectable/Tactile Warning Surface Tiles shall be an epoxy polymer composition with an ultra violet stabilized coating employing aluminum oxide particles in the truncated domes. The tile shall incorporate an in-line pattern of truncated domes measuring nominal 0.2” height, 0.9” base diameter, and 0.45” top diameter, spaced center-tocenter 2.3-2.4” as measured side by side in a square pattern. For wheelchair safety the field area shall consist of a non-slip surface with a minimum of 40 - 90° raised points 0.045” high, per square inch; “Armor- Tile” as manufactured by Engineered Plastics Inc., Tel: 800-682-2525, or approved equal.

Physical properties of detectable tactile warning surfaces:

1. Compressive Strength of Tile when tested by ASTM D695-02a not to be less than 28,000 psi.

2. Tensile Strength of Tile when tested by ASTM D638-03 not to be less than 19,000 psi.

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3. Flexural Strength of Tile when tested by ASTM D790-03 not to be less than 25,000 psi.

4. Chemical Stain Resistance of Tile when tested by ASTM D543-95 (re approved 2001) to withstand without discoloration or staining - 10% hydrochloric acid, urine, saturated calcium chloride, black stamp pad ink, chewing gum, red aerosol paint, 10% ammonium hydroxide, 1% soap solution, turpentine, Urea 5%, diesel fuel and motor oil.

5. Water Absorption of Tile when tested by ASTM D570-98 not to exceed 0.05%.

6. Abrasive Wear of Tile when tested by BYK - Gardner Tester ASTM D2486-00 with reciprocating linear motion of 37± cycles per minute over a 10” travel. The abrasive medium, a 40 grit Norton Metalite sand.

Payment for “Construct Curb Ramp,” shall be considered included with the individual items requiring Ramp and no additional compensation shall be provided.

ASPHALT PAVEMENT
This work shall consist of applying tack coat and hot mix asphalt in accordance with the plans and these Special Provisions. One lane must remain open at all times during the asphalt concrete placement and traffic control must be provided.

Hot Mix Asphalt – Hot mix asphalt shall conform to Section 39 “Hot Mix Asphalt” of the State Specifications and shall be HMA Type A using PG 64-10 asphalt binder. Aggregate used in the base and intermediate layers shall be ¾" maximum, medium grading and the final wearing course shall be Type A, ½” maximum, medium grading. Sections of paving to receive greater than 3” of new hot mix asphalt shall be paved in two separate lifts. Hot mix asphalt shall be spread in the number of layers indicated in Section 39-6, “Spreading and Compacting” of the Standard Specifications and shall be compacted with approved equipment as delineated in the State Specifications.

Hot mix asphalt shall be produced at an established commercial mixing plant. The aggregate and asphalt binder shall be heated and mixed thoroughly. Prior to spreading hot mix asphalt, a paint binder (tack coat) of asphaltic emulsion shall be applied to the vertical and flat areas to be surfaced in accordance with Section 39-4 of the Standard Specifications. Prime coat will not be required on base rock. Asphaltic emulsion shall be type SS1 unless otherwise permitted by the engineer.

Asphalt Pavement Patches
Saw Cutting or Grinding -- The Contractor shall be responsible for saw cutting or grinding the existing roadways, temporary patch, curb and gutter. The cuts, whether by saw cutting or grinding, shall be made in a neat, straight line, with vertical edges.

Thickness – The compacted thickness of hot mix asphalt overlay shall be per plans or 1 inch thicker than existing pavement thickness at all locations and shall be placed in compliance with the State Specifications.

Payment for “Install Asphalt Pavement for Driveways (3"HMA/6"AB),” and “3" HMA Wearing surface,” shall be at the contract square foot price as set forth in the proposal and shall include all labor, materials, tools, equipment, compaction, and all work necessary for the completion of this item an no additional compensation will be allowed, therefore.

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FDR-C PROCESS (18”)

GENERAL
Summary
This Section includes specifications for constructing a subgrade using Full Depth ReclamationCement (FDR-C) FDR-C consists of:

1. Removal and disposal of existing asphalt pavement/subbase and existing ground/soil to a depth that allows for a three inch (3”) HMA wearing course and the additional cement used in the FDR-C process all while enabling contractor to match existing and proposed grades as indicated on the plans.

2. Pulverizing any existing asphalt concrete (AC), any excess grindings shall be delivered to the City of Ceres Wastewater Treatment Plant

3. Thoroughly blending any pulverized AC, aggregate base, subgrade soil and, if specified, supplementary aggregate, to the specified treatment depth

4. Thoroughly mixing the blended material with water and cement

5. Compacting and grading the mixture

6. Curing the compacted mixture
Related Documents and sections

1. ASTM Testing Methods (latest revisions):

1.1 ASTM C136

1.2 ASTM C150

1.3 ASTM D1557

1.4 ASTM D1633

1.5 ASTM D2216

1.6 ASTM D6938

2. Caltrans Testing Methods (latest revisions)

2.1 CT 373

2.2 CT 417

2.3 CT 422
Definitions
Cement: Type II portland cement for general use specified in ASTM C150 Spreader: Motorized vane fed spreader which can control cement application rate to measure lbs/ft2 ±5%
Mixer: Cross-shafted mixer with a mixing depth of 1.5 feet and capable of controlled introduction of water
Drop Pan: Rectangular metal box with minimum area of 3 square feet and height which allow passage of spreader
Optimum Moisture: Moisture content associated with maximum dry density determined by ASTM D1557
Relative Compaction: In-place compacted dry density divided by AST, D1557 maximum dry density.

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