Agenda packet, regular meeting — Emeryville City Council, July 21, 2026 (part 3 of 4)

any other technical adjustments to expenditures in Fund 805 as needed based upon Exhibit A.

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held July 21, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK SPECIAL COUNSEL

ATTACHMENTS
▪ Exhibit A – ETMA 2027 Preliminary Budget
Emeryville TMA 2027 Prelim Budget

REVENUE
2027
3% PBID Incr. ASSUMPTIONS
PBID Revenue 5,035,106
PBID District Related Costs (110,097)
NET PBID 4,925,009
City of Emeryville - GBC 720,620

12.29% of EGR Operating Budget, per PBID Mgmt Plan. Approved by City Council in July 2025
Direct Bill Revenue 127,602 Increase based on PBID Increase 8 to Go Revenue 167,148 8 to Go Exp. + $800/mo for Mgmt Emery Express Revenue 330,962 EmExp Exp. + $1000/mo for Mgmt + 20% Ind. Cost Markup Misc. Revenue (Int. Income, Investments) 160,791 Estimated Growth for Existing CD Accounts if Reinvested Subtotal Non-PBID Revenues 1,507,123
TOTAL REVENUE 6,432,132

EXPENDITURES ASSUMPTIONS
Direct Cost
EGR Operations 3,349,492
EGR Maintenance 100,000
EGR Fuel 200,000
EGR Communications 107,348 Includes TripShot
EGR Misc Operations Expenses 10,000
EGR Bus Leases/Purchases/Savings 200,000 Estimated financing of ENC buses as baseline.

Subtotal Direct Cost 3,966,841
Reimbursable Program Costs
8 to Go Operations 167,148
Emery Express Operations 275,802 Current Vehicle
Subtotal Reimbursable Program Costs 442,950
Indirect Costs
Professional Services 535,309 Mgmt, Accounting, Legal, Audit Occupancy (Facilities related expenses) 527,772 Site lease, security, utilities, yard maintenance TMA Insurance 63,545
Conferences, Meetings, Office Expenses 5,000
Membership & Public Outreach 282,500
$1250/mo for mkt & outreach + $120k for multi-media campaigns + updated livery
Pilots, Projects & Research 200,000 Transporation Study and MacArthur Waiting Area Subtotal Indirect Costs 1,614,126
TOTAL ETMA BUDGET/EXPENSES 6,023,916
TOTAL EGR BUDGET/EXPENSES 5,580,967
Reserve Balance Summary 3% Increase
Projected Fund Balance on Dec 31, 2026 7,751,246
2026 Increase (Decrease) in Funds 408,216
Projected Fund Balance on Dec 31, 2027 8,159,462
15% Operating Reserve (per ETMA Policy) 903,587
The Operating Reserve includes those expenses budgeted for Reimbursable Shuttle Programs
Est. Avail. Fund Balance of Dec 31, 2027 7,255,875

1.7% of assessment to County Assessor + 24,500 to City for legal and administrative fees. Approved by City Council in July 2025 2025
Estimated
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: July 21, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Sharon Friedrichsen, Finance Director
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF

THE CITY OF EMERYVILLE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026 AS CALLED BY
RESOLUTION NO. 26-58, A PROPOSED ORDINANCE AMENDING
EMERYVILLE MUNICIPAL CODE CHAPTER 1 BUSINESS TAXES OF
TITLE 3 FINANCE; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; AND AUTHORIZING THE FILING OF

DIRECT ARGUMENT FOR OR AGAINST THE MEASURE AND

REBUTTAL ARGUMENTS

RECOMMENDATION
Staff recommend that the City Council adopt the above-entitled Resolution placing the City Services/ Business License Reform Measure on the November 3, 2026, general election ballot, directing the preparation of an impartial analysis and authorizing the filing of arguments.

BACKGROUND
Council Strategic Plan Priority
The City Council held a Strategic Planning Session on March 21, 2025, and identified four multi-year broad goals and four top priorities for the coming year, including researching revenue measures for 2026 to address the City’s General Fund budget challenges. This timeframe coincided with the development of the City’s biennial budget for fiscal years 2025-2027. The five-year General Fund forecast, as presented within the adopted budget, illustrates a structural deficit whereby expenditures outpaced revenues resulting in a projected shortfall of $9.7 million in fiscal year (“FY”) 2025-26 increasing upwards to $14.6 million in fiscal year 2029-30 without transfers from reserves or fund balance, significantly reduced expenditures and/or enhanced revenues.

Revenue Options Considered
City staff developed various revenue measure options, which were then presented to the Budget Advisory Committee and the Budget and Governance Committee in September 2025 for recommendations.

Subsequently, on November 4, 2025, City Council held a study session to review, discuss, and provide direction on potential revenue measure(s) that included:
▪ Business License Tax Reform;
Business Tax Reform Measure
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▪ Citywide Parcel Tax;
▪ Local ¼ Cent Transactions & Use (Sales) Tax;
▪ Increase in Transient Occupancy (Hotel) Tax and
▪ Utility Users Tax Increase & Expansion.

Under the City’s current business license tax structure, most businesses are taxed at $1 per $1,000 in gross receipts. As part of the research of potential revenue measures, the City contracted with HdL Companies to prepare a business tax study that included a comparison with other comparable cities and modeled two revisions to the tax structure:
▪ Single gross receipts tax with rates of $1.5 and $2.0 per $1,000 of gross receipts; and
▪ Variable gross receipts tax with different rates up to $4.0 per $1,000 gross receipts based on business type or category.

The estimated increased revenue ranged from $937,000 to $6.8 million based on the models. In addition, the City contracted with NBS to research options related to levying a Citywide Parcel Tax to generate up to $5 million in annual new revenue.

During the November 2025 study session, Council provided direction for staff to explore the feasibility of business license tax reform and a citywide parcel tax. Council supported the variable gross receipts model for business license tax reform and the parcel tax by land use with a cap of $100 per residential parcel and an assessment based on square footage for commercial properties.

Survey Results
Staff contracted with Godbe Research and the Lew Edwards Group to conduct a revenue measure feasibility analysis and public opinion survey on the viability of these two revenue measures. Godbe Research surveyed a sample of 306 likely voters during the period of March 30- April 10, 2026, on the feasibility of a business license tax reform measure and a parcel tax. Data was gathered through surveys completed though voice (landlines and mobile phones) and text and email for online interviewing. The margin of error is ± 5.4%. The results of the survey were presented to Council as part of a study session on May 19, 2026. Key findings of the survey indicated the following:
▪ 81.0% of participants have a favorable rating of the job the City is doing in providing City services;
▪ 76.4% support a potential business license tax reform measure; and ▪ 51.8% support a parcel tax of $98 per residential parcel. The survey also assessed the viability of a parcel tax with reduced amounts of $78 and $58 per residential parcel respectively and neither alternative garnered support close to 67% even with the margin of error. (A parcel tax is a special tax and requires 2/3 approval by the voters.)
Revenue Options Considered
City staff developed various revenue measure options, which were then presented to the Budget Advisory Committee and the Budget and Governance Committee in September 2025 for recommendations. Subsequently, on November 4, 2025, City Council held a Business Tax Reform Measure
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study session to review, discuss, and provide direction on potential revenue measure(s) that included:
▪ Business License Tax Reform;
▪ Citywide Parcel Tax;
▪ Local ¼ Cent Transactions & Use (Sales) Tax;
▪ Increase in Transient Occupancy (Hotel) Tax and
▪ Utility Users Tax Increase & Expansion.

Survey Results
Staff contracted with Godbe Research and the Lew Edwards Group to conduct a revenue measure feasibility analysis and public opinion survey on the viability of these two revenue measures. Godbe Research surveyed a sample of 306 likely voters during the period of March 30- April 10, 2026, on the feasibility of a business license tax reform measure and a parcel tax. Data was gathered through surveys completed though voice (landlines and mobile phones) and text and email for online interviewing. The margin of error is ± 5.4%. The results of the survey were presented to Council as part of a study session on May 19, 2026. Key findings of the survey indicated the following:
▪ 81.0% of participants have a favorable rating of the job the City is doing in providing City services;
▪ 76.4% support a potential business license tax reform measure; and ▪ 51.8% support a parcel tax of $98 per residential parcel. The survey also assessed the viability of a parcel tax with reduced amounts of $78 and $58 per residential parcel respectively and neither alternative garnered support close to 67% even with the margin of error. (A parcel tax is a special tax and requires 2/3 approval by the voters.)
Business Tax Reform Measure
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Council Prior Direction and Recommendation
Based upon the results of the public opinion survey and staff recommendations, Council provided direction to staff to proceed with gathering stakeholder input and draft required documents to place a business license tax reform measure on the November 3, 2026, ballot draft. The purpose of this agenda item is for Council to adopt the resolution, which includes the 75-word ballot measure language and proposed revisions to the business tax ordinance, direct the preparation of the impartial analysis and authorize the filing of arguments and rebuttals as applicable.

Upon adoption of the resolution, staff will submit the required documents to Alameda County by the August deadline to ensure the measure is placed on the November ballot. If the measure is approved by a simple majority of the voters, the new business tax rates will be in effect on January 1, 2027. (January 1 is the annual business license certification date.)

DISCUSSION
Business License Tax Reform Purpose
The purpose of the business tax reform measure is twofold (1) update the business tax ordinance that largely has remained unchanged since 1985 even though the local economy has evolved and (2) generate additional locally controlled revenue to maintain core City services, including public safety and other quality of life programs.

Proposed Ballot Measure to be Submitted to the Voters
The survey conducted in Spring 2026 was intended to gauge the public’s perceptions of the job the City is doing in providing City services, assess potential voter interest for a city services/business license reform measure and help prioritize projects and programs to be funded with the proceeds of a revenue measure(s). The identified community priorities are included in the proposed ballot measure question below:

0.4% of gross receipts (described in the ordinance) until ended by voters, providing $12,400,000 annually, requiring independent oversight? Yes No
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Current Business License Structure
Most of the City’s current business tax structure was adopted by the Council in 1985.

However, in 2011, the Emeryville electorate approved Measure C and Measure D to increase the business tax rate from 0.08% to 0.10% of gross receipts and to increase the maximum total amount a business could pay each year to $300,000 respectively.

Under the City’s current structure, most businesses are taxed at a rate of $1.0 per $1,000 in gross receipts. This structure allows for simplicity as businesses know what rate they will pay and increases equity as all businesses pay the same rate on gross receipts. However, there are currently 56 business classifications of which 33 are not used by active businesses and 95% of businesses are represented in the top seven categories. As shown in the strikethrough feature in the attached Exhibit A to the draft resolution, staff are proposing to remove a majority of the section of the current ordinance that pertains to certain enumerated businesses, providing a simpler and less cumbersome ordinance.

Proposed Business License Structure
Under the proposed business tax reform measure, there are several taxable categories grouped into three rate tiers as noted below, with different rates ranging from $1.0 to $4.0 per $1,000 gross receipts depending on business type.

Category Rate Structure
General Commerce/Retail or Utility $1.00 per $1,000 of annual gross receipts
Contractor, Services, or Unclassified $3.00 per $1,000 of annual gross receipts
Real Property Rental or
Professional and Advanced
$4.00 per $1,000 of annual gross
receipts
This structure improves simplicity and streamlines the business classifications by removing approximately 50 categories. This variable rate model also increases equity by accounting for differences in business activity and acknowledges if a business classification contributes to other General Fund revenue, such as sales tax or transient occupancy tax, through lower business tax rates.

The intent of the proposed measure is to help ensure that large businesses pay their fair share and that small businesses are not unfairly shouldering the tax burden by establishing taxes based on business types; increasing the minimum gross receipts amount that pays a flat rate; and increasing the amount of the taxation cap.

Business Tax Reform Measure
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Proposed Changes from the Model
As staff met with the business community adjustments were made to the original model presented in the aforementioned HdL business license study with the intent to balance the fiscal necessity of increasing revenue to maintain City programs and services while also supporting small businesses, promoting greater equity among businesses, achieving alignment with other articulated Council priorities and striving to remain competitive with current tax rates of neighboring cities Highlights of the Proposed Changes to the Business Tax Ordinance include:
▪ Recognizing the contributions of general commerce/retail/utility on other City revenues such as sales tax, transient occupancy tax and utility user tax by keeping the rate at $1.0 per $1,000 gross receipts and broadening the category to include hotels, motels, short-term rentals and utilities. ▪ Recognizing small businesses and the support for arts by broadening the general commerce/retail/utility category, which already includes retail, restaurants, wholesale trade, and manufacturing, to include hairstylists, beauty parlors, salons, artists, photographers, and childcare centers.
▪ Increasing the annual tax threshold from $25,000 to $100,000 adjusted annually for inflation, meaning that any business with annual gross receipts of less than $100,000 will pay a flat tax rate of $25. Any business with gross receipts that are more than $100,000 will pay a rate in accordance with the table above based on business category.
▪ On the other hand, the maximum annual business tax, last set at $300,000 in 2011 and, currently with inflationary adjustment is $451,000, is proposed to be capped at $800,000 with an inflationary adjustment annually thereafter. ▪ The rates for contractors, services and unclassified businesses are proposed to increase from $1.0 to $3.0 per $1,000 gross receipts.
▪ The existing rate for rental of commercial property is currently at $3.50 per $1,000 gross receipts and is proposed to increase to $4.0 per $1,000 gross receipts for the real property rental classification to help mitigate any passthrough increase from landlords to other businesses. ▪ Professional and advanced, which means any business primarily engaged in providing services requiring rigorous training through higher education, vocational institutions, certification, licensing, or specialized professional skills is proposed at $4.00 per $1,000 gross receipts. (Exhibit A of the draft resolution includes examples of business activities that would be in this category.) Comparison with Other Jurisdictions
As part of the HdL Business Tax Study, HdL compared the current and proposed Emeryville tax rates with neighboring jurisdictions and other cities that have a similar business composition base. Currently, Emeryville has similar gross receipts rates for general business/retail as Berkeley. However, rates for other business classifications vary greatly between the various cities.

Business Tax Reform Measure
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Current Rate Structure
HdL also modeled how proposed changes in Emeryville’s tax rate structure would compare to other jurisdictions as illustrated in the chart below. Emeryville, even with the proposed rate adjustments, would remain competitive in most business categories compared to Berkeley and Oakland’s current rate structure.

Business Tax Hypothetical Revenue Estimates
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STRATEGIC PLAN CONNECTION (IF APPLICABLE)
Researching revenue measures for 2026 was a top priority for 2025-2026 and continues as an initiative for 2026-2028.

FISCAL IMPACT
The business license reform measure is estimated to generate $12.4 million in annual revenue, which is an approximate increase of $5.9 million over current business license tax projected revenue. The amount of annual revenue will vary depending on the economy and the overall gross receipts generated by business activity in Emeryville.

Business license tax is considered a General Fund revenue and supports General Fund expenditures, which are primarily allocated to public safety. (In fiscal year 2025-2026, Fire and Police made up 55% of budgeted General Fund expenditures.)

STAFF COMMUNICATION WITH THE PUBLIC
In addition to the statistically valid sampling of 306 residents in Spring 2026 as part of the revenue measure feasibility survey, the City launched Engage Emeryville to identify community priorities and to solicit input on sharing the future budget and service decisions. City Council held two study sessions on the revenue measures, one in November 2025 and one in May 2026. City staff presented information about business license tax reform to the City’s Economic Development Advisory Committee at three public meetings. In addition, City staff held a small business focus group on July 7, 2026, and met with several large businesses that represented various business categories to gather input regarding the proposed business license reform measure, which was used in the development of the final proposed measure.

CONFLICT OF INTEREST
There are no known conflicts.

CONCLUSION
Staff recommend Council adopt the resolution, which will allow the City to place the business license reform measure on the November 3, 2026, general election ballot for voter consideration.

PREPARED BY: Sharon Friedrihcsen, Finance Director

ATTACHMENTS
▪ Draft Resolution
➢ Exhibit A – Ordinance
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ORDERING

THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF EMERYVILLE

AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026 AS CALLED BY RESOLUTION NO. 26-58, A PROPOSED ORDINANCE AMENDING EMERYVILLE MUNICIPAL CODE CHAPTER 1 BUSINESS TAXES OF TITLE 3 FINANCE; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; AND AUTHORIZING THE FILING OF DIRECT ARGUMENT FOR OR

AGAINST THE MEASURE AND REBUTTAL ARGUMENTS
WHEREAS, on December 18, 1984 the City Council of the City of Emeryville adopted Ordinance No. 84-011 Repealing Section 6 of Ordinance 397 of the Town of Emeryville Thereafter Codified in Section 12.1, Emeryville Municipal Code as Chapter 1 of Title 3; Repealing Ordinance 83-013 and All Ordinances and Code Sections in Conflict adopted on December 18, 1984 and subsequently adopted Ordinance No. 85-05(A) An Ordinance of the City of Emeryville Amending Ordinance No. 84-011, Relative to Business License Taxes on May 7, 1985; and
WHEREAS, the Emeryville electorate approved Measure C and Measure D on November 8, 2011, to increase the business tax rate from 0.08% to 0.10% of gross receipts and to increase the maximum total amount a business could pay each year to $300,000 a year which was codified within City of Emeryville Ordinance No.11-013 and No.11-014 respectively and certified by the City of Emeryville Resolution No.11-231 and No.11-232 adopted by the Emeryville City Council on December 6, 2011; and WHEREAS, notwithstanding the changes from 2011, the majority of Emeryville’s Business License ordinance is nearly 42 years old, with 56 business categories, including references to outdated business activities, and is primarily based on a single rate model whereby most businesses pay the same tax rate; and
WHEREAS, the City Council desires to submit to the Emeryville electorate a measure to update and simplify Emeryville’s existing Business License ordinance; and WHEREAS, the measure’s intention is that large businesses pay their fair share and that small businesses are not unfairly shouldering the tax burden by establishing taxes based on business types; increasing the minimum gross receipts amount that pays a flat rate; and increasing the amount of the taxation cap; and
WHEREAS, said measure will not increase taxes for Emeryville residents or homeowners, and only applies to businesses; and
WHEREAS, the City of Emeryville seeks to continue providing excellent local services, and updating the Business License ordinance would provide an estimated additional $5.9 million per year in local revenue to protect Emeryville’s core services, safety, and quality of life; and
Resolution No. _____
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WHEREAS, additional local funding would help maintain rapid 911 emergency services in case of an accident, disaster, or medical emergency; and WHEREAS, funds from this measure would address other community priorities, such as keeping parks and playgrounds safe and clean for kids; repairing potholes and maintaining streets; improving crime prevention and reducing property/retail crime, and auto burglaries; maintaining senior and youth services; and maintaining emergency and disaster preparedness programs; and
WHEREAS, all funds generated by this measure are locally controlled, cannot be taken by the State, and are subject to accountability requirements including public spending disclosure, independent citizens’ oversight, and annual reports to the community; and WHEREAS, the proposed “ORDINANCE OF THE CITY OF EMERYVILLE AMENDING CHAPER 1 OF TITLE 3 OF THE EMERYVILLE MUNICIPAL CODE” attached hereto and incorporated herein by reference as Exhibit “A” (the “Ordinance”), would amend or repeal sections of the ordinance pertaining to business taxes; and WHEREAS, on July 7, 2026, the City Council adopted Resolution No. 26-58 calling for a general municipal election to be held on Tuesday, November 3, 2026; and WHEREAS, pursuant to Government Code Section 53724 and Elections Code Section 9222, the City Council desires to submit the Ordinance to the qualified electors of the City of Emeryville at the election; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville finds and determines the forgoing recitals are true and correct and hereby adopts and incorporates them into this Resolution; and, be it, further
RESOLVED, by the City Council of the City of Emeryville does hereby declare, determine, and order as follows:

MEASURE TO BE SUBMITTED TO THE VOTERS
Section 2(b) of Article XIIIC of the California Constitution (Proposition 218) requires that a general tax submitted to the voters for approval shall be submitted in an election that is consolidated with a regularly scheduled general municipal election for members of the City Council, unless a fiscal emergency is declared by a unanimous vote of the City Council. A consolidated general municipal election for Emeryville City Council seats has been called for Tuesday, November 3, 2026, by City of Emeryville Resolution No. 26-58, adopted July 7, 2026. The City Council desires that the Ordinance amending the City of Emeryville’s business taxes be submitted to the voters for approval at the same election.

Resolution No. _____
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The full text of the Ordinance, attached to this Resolution as Exhibit A, shall be printed in the voter pamphlet. Pursuant to Government Code Section 53724, Elections Code Section 9222, and Elections Code Section 13119, the City Council hereby submits the Ordinance to the voters at the Election and orders the following question to be submitted to the voters on the ballot:

City Services/ Business License Reform Measure. To protect City of Emeryville services/ ensure smaller businesses pay less than larger businesses, shall the measure be adopted to:
▪ keep parks/ playgrounds safe;
▪ repair potholes/ maintain streets;
▪ maintain 9-1-1 response;
▪ improve crime prevention;
▪ maintain senior/ youth services;
▪ general government use;
by updating/ simplifying Emeryville’s 42 year old business license rates up to 0.4% of gross receipts (described in the ordinance) until ended by voters, providing $12,400,000 annually, requiring independent oversight?
Yes No
This question requires the approval of a majority of those casting votes; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that pursuant to Elections Code section 9280 the City Council directs the City Clerk to submit to the City Attorney a copy of the measure, and the City Attorney is hereby authorized and directed to prepare an impartial analysis of the ballot measure showing the effect of the measure on the existing law and operation of the measure. The impartial analysis shall be submitted by the City Attorney to the City Clerk on or before August 6, 2026, at 4:00 p.m., shall not exceed 500 words in length, and otherwise shall comply in all respects with the applicable provisions of the Elections Code of the State of California; and, be it, further RESOLVED, by the City Council of the City of Emeryville that the last day for filing rebuttal arguments for or against the ballot measure shall be August 17, 2026, at 5:00 p.m. and all such arguments shall be filed with the Emeryville City Clerk, 1333 Park Avenue, Emeryville, California and shall not exceed 250 words in length. Arguments received prior to the deadline are confidential until the deadline; and, be it, further RESOLVED, by the City Council of the City of Emeryville that pursuant to Elections Code § 9295, the ten (10) day public review period for the impartial analysis shall open at 4:01 Resolution No. _____
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p.m. on August 6, 2026, and shall close at 4:01 p.m. on August 16, 2026; the ten (10) day public review period for direct arguments for and against the measure submitted pursuant to the section above, shall open at 5:01 p.m. on August 12, 2026, and shall close at 5:01 p.m. on August 22, 2026 (10 days hence). If a rebuttal argument is submitted pursuant to the section above, the ten (10) day public review period shall open at 5:01 p.m. on August 17, 2026, and shall close at 5:01 p.m. on August 27, 2026, (10 days hence); and, be it, further
RESOLVED, by the City Council of the City of Emeryville, in accordance with California Elections Code Section 9282, does resolve, declare, determine, and order that the City Council of the City of Emeryville is authorized to file a written argument in favor of the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk; and, be it, further
RESOLVED, by the City Council of the City of Emeryville, that in accordance with California Elections Code Section 10400 et seq., the election for this measure shall be consolidated with the General Municipal Election to be conducted on November 3, 2026, and that the City Council of the City of Emeryville acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418; and, be it, further
RESOLVED, by the City Council of the City of Emeryville to authorize the City Clerk to work with the Alameda County Elections Official to ensure that the November 3, 2026, consolidated election is properly and lawfully conducted as provided by law; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that in accordance with California Elections Code Section 10002, the City Council of the City of Emeryville requests that the Board of Supervisors of Alameda County to permit the Alameda County Elections Official to provide such services as may be necessary for the holding of the consolidated election, which shall be held in all respects as if there were only one election; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections and that the City Clerk is authorized to transmit a certified copy of this resolution to the Alameda County Board of Supervisors and the Alameda County Registrar of Voters; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that should any section, subsection, clause or provision of this Resolution for any reason be held to be invalid, Resolution No. _____
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then the remainder of the Resolution shall be deemed valid, it being expressly declared that this Resolution, and each and every section, subsection, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified even if any other section, subsection, sentence, clause or phrase of this Resolution were declared invalid; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that the proposed tax Ordinance does not involve any commitment to any specific project that may result in a potentially significant impact on the environment and thus is not a project subject to the requirements of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (“CEQA”) pursuant to CEQA Guidelines Section 15378(b)(4); additionally, it can be seen with certainty that there is no possibility the adoption and implementation of the ordinance may have a significant effect on the environment, and accordingly the adoption of the Ordinance is exempt from the provisions of CEQA pursuant to the “common sense rule” at CEQA Guidelines Section 15061(b)(3); and, be it, further RESOLVED, by the City Council of the City of Emeryville that this Resolution, and the full text of the ballot measure, attached to this Resolution as Exhibit A, shall be made available in print and for public examination by the City Clerk, in accordance with California Elections Code § 9223 and §9295.

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held July 21, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK SPECIAL COUNSEL

ATTACHMENTS
▪ Exhibit A- Ordinance
▪
1 ORDINANCE NO. 26-XXX
THE PEOPLE OF THE CITY OF EMERYVILLE DO ORDAIN AS FOLLOWS:

SECTION ONE. AMENDMENT TO SECTION 3-1.102 — DEFINITIONS Section 3-1.102 of Chapter 1 of Title 3 of the Emeryville Municipal Code is hereby amended to read as follows, with deleted terms shown in strikeout and added terms underlined:
3-1.102 Definitions.
(a) "Business"
shall include all activities engaged in or caused to be engaged in within this City with the object of gain, benefit or advantage, whether direct or indirect, to the taxpayer or to another or to others, but shall not include the services rendered by an employee to his employer or to a casual or isolated transaction. Although an activity of a taxpayer may be incidental to another or other of his business activities, each such activity shall be considered to be a business engaged within the meaning of this chapter. (b) "City"
shall mean the City of Emeryville.
(b) "Sale" or "sell"
shall be deemed to include and refer to: the making of any transfer of title, in any manner or by any means whatsoever, to property for a price, and to the serving, supplying or furnishing, for a price, of any property fabricated or made at the special order of consumers who do or do not furnish directly or indirectly the specifications therefor. A transaction whereby the possession of property is transferred, but the seller retains the title as security for the payment of the price, shall likewise be deemed a sale. The foregoing definitions shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplation of the law. (c) "Engaging in business"
shall mean commencing, conducting, or continuing in business and also the exercise of corporate or franchise powers as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business.
(d) "Gross receipts,"
2 except as otherwise specifically provided, shall mean the gross receipts of the preceding fiscal year of the taxpayer or part thereof, and is defined as follows:

The total amount actually received or receivable from all sales; the total amount or compensation actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares, or merchandise; and gains realized from trading in stocks or bonds, interest, discounts, rents, royalties, fees, commissions, dividends, or other emoluments, however designated. Included in "gross receipts" shall be all receipts, cash and credits, except that the following shall be excluded therefrom:
(1) Cash discounts allowed and taken on sales;
(2) Credit allowed on property accepted as part of the purchase price and which property may later be sold, at which time the sales price shall be included as gross receipts;
(3) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
(4) Such part of the sale price of property returned by purchasers upon rescission of a contract of sale as is refunded either in cash or by credit; (5) Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded; (6) Cash value of sales, trades or transactions between departments or units of the same business;
(7) Receipts from investments where the holder of the investment receives only interest and/or dividends;
(8) Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer's business.
(e) “Newly Established Business” shall mean:
(1) A person conducting any business activity in the City for the first time; or
3 (2) A business that resumes operation in the City after having been out of operation in the City during the entire previous tax year. (e)(f) "Person"
shall mean any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, limited liability company, municipal corporation, political subdivision of the State of California, or any other group or combination acting as a unit. (g) "Sale" or "sell"
shall be deemed to include and refer to: the making of any transfer of title, in any manner or by any means whatsoever, to property for a price, and to the serving, supplying or furnishing, for a price, of any property fabricated or made at the special order of consumers who do or do not furnish directly or indirectly the specifications therefor. A transaction whereby the possession of property is transferred, but the seller retains the title as security for the payment of the price, shall likewise be deemed a sale. The foregoing definitions shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplation of the law. (h) For purposes of classifying a business under this chapter, the following definitions apply unless the context clearly indicates otherwise. The Finance Director may issue written determinations classifying specific business activities consistent with the criteria set forth in this subsection and shall publish a summary of such determinations for public reference:
(1) “Contractor” shall mean any person or business carrying on the business of a contractor, subcontractor, or builder, including any person who undertakes to, offers to undertake to, purports to have the capacity to undertake to, submits bids to, or does themselves or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, structure, highway, road, excavation, project, development, or improvement, or any part thereof. Contractor includes, but is not limited to, general contractors, electrical contractors, plumbing contractors, heating, ventilation, and air conditioning contractors, roofing contractors, landscape contractors, masonry contractors, sign contractors, and specialty contractors.
(2) “General Commerce/Retail” shall mean any business primarily engaged in retail sales, restaurants, wholesale trade, manufacturing, service stations, lodging services, or similar general commercial activities. 4 General Commerce/Retail includes, but is not limited to, retail stores, restaurants, wholesalers, manufacturers, service stations, convenience stores, grocery stores, hardware stores, hotels, motels, and short-term rentals. General Commerce/Retail also includes hairstylists, beauty parlors, salons, artists, photographers, and childcare centers. For purposes of this paragraph, “short-term rental” shall mean the occupancy of a home, house, a room in a home or house, or other lodging for a period of thirty (30) consecutive days or less, whether arranged directly by the operator or facilitated through a short-term rental platform or facilitator. (3) “Professional and Advanced” shall mean any business primarily engaged in providing services requiring rigorous training through higher education, vocational institutions, certification, licensing, or specialized professional skill. Professional and Advanced includes, but is not limited to, doctor’s offices, law offices, consulting firms, accounting firms, engineering firms, architectural firms, software development, research and development, scientific services, technical services, financial advisory services, medical offices, dental offices, finance and insurance services, banking and credit intermediation, securities services, commodities services, investment services, insurance carriers, insurance agencies and brokers, veterinary services, real estate services, real estate developers and brokers, property appraisers, title services, educational services, ambulance or emergency medical service providers, advertising agencies, animation studios, visual effects studios, digital media production, motion picture production, television production, sound recording production, information services, publishing, administrative headquarters, corporate headquarters, healthcare and social assistance services, residential care facilities for the elderly, home health care services, assisted living facilities, and rehabilitation facilities.
(4) “Real Property Rental” shall mean any person or business engaged in leasing, renting, or otherwise providing the use of real property, or any portion thereof, to another individual or entity for compensation. Real Property Rental includes, but is not limited to, commercial leasing, residential rental, parcel leasing, apartment rental, office space rental, advertising billboard or reader board space, co-working spaces, shared offices, parking lots, and parking structures.
(5) “Services” shall mean any business primarily engaged in providing service-based activities that generally require minimal to no higher education, formal training, certification, or professional licensing. Services includes, but is not limited to, administrative office services, automotive 5 repair and maintenance services, dry cleaning services, laundry services, gardeners, janitorial services, security and patrol services, data centers, transportation businesses (including trucking, delivery, rail, air, water, pipeline, transit, and passenger transportation), and warehousing businesses (including warehouses, storehouses, logistics facilities, and package or mail processing facilities). Services shall not include any business activity expressly classified under another classification. (6) “Unclassified” shall mean any business not otherwise classified. (7) “Utility” shall mean conducting or operating a public or private utility.

Utility includes, but is not limited to, businesses providing to the general public or to private businesses utility services such as gas, electric, sanitary, or garbage services; video services, no matter how provided, including cable television, streaming services, satellite television, and other similar services; and telephone, audio or video telecommunications, or unified communication services. Utility also includes generating or selling electricity for either wholesale or retail, but does not include generating electricity from a clean energy source such as solar or wind when the generated electricity is primarily used on the premises where it is generated.

SECTION TWO. AMENDMENT TO SECTION 3-1.107 — ANNUAL CERTIFICATE Section 3-1.107 of Chapter 1 of Title 3 of the Emeryville Municipal Code is hereby amended to read as follows, with deleted terms shown in strikeout and added terms underlined:
3-1.107 Annual Certificate.
(a) All annual business tax certificates issued under this chapter, except the first certificate issued to newly established businesses, shall be considered to be issued on January 1 of each year and shall expire on December 31 of the same year.
(b) All businesses that are conducting their usual and customary activities as of January 1 of the current tax year are required to pay, in full, for the entire calendar year. Except as otherwise provided in this chapter, the business tax imposed by this chapter shall be measured by the business’s gross receipts apportioned to the City during the preceding calendar year. (c) All businesses that are conducting their usual and customary activities as of January 1 of the current tax year are required to pay, in full, for the entire calendar year.
6 (d) A newly established business shall pay the business tax based upon its estimated gross receipts apportioned to the City for the remainder of the calendar year in which the business commences operations. If a business did not operate within the City for the entirety of the preceding calendar year, the business tax shall be based upon its estimated gross receipts apportioned to the City for the current calendar year.
(e) A business paying tax based upon estimated gross receipts shall, when renewing its business tax certificate, provide the Finance Department with a statement of the business’s actual gross receipts apportioned to the City for the applicable calendar year, together with supporting records as required by the Finance Department. If the business’s actual gross receipts apportioned to the City exceed the estimated gross receipts upon which the business tax was calculated and paid, an additional amount of tax based upon the additional gross receipts shall be due with the business tax certificate renewal. If the business’s actual gross receipts apportioned to the City are less than the estimated gross receipts upon which the business tax was calculated and paid, the excess amount of tax paid shall, at the discretion of the Finance Department, either be refunded or credited toward future business taxes owed by the business under this chapter.

SECTION THREE. AMENDMENT TO SECTION 3-1.124 — ANNUAL BUSINESS TAX

BASED ON GROSS RECEIPTS
Section 3-1.124 of Chapter 1 of Title 3 of the Emeryville Municipal Code is hereby amended to read as follows, with deleted terms shown in strikeout and added terms underlined:
3-1.124 Annual Business Tax Based on Gross Receipts.

Every person transacting and carrying on any business within the City of Emeryville, other than those enumerated in Sections 3-1.125, 3-1.126, 3-1.127, 3-1.128 and 3-1.129, shall pay an annual business tax equal to the greater of twenty-five dollars ($25.00) or one-tenth of one percent (0.10%) of the annual gross receipts of such business.
(a) Except as otherwise provided in this chapter, every person engaging in business within the City shall pay an annual business tax based on the business’s classification and gross receipts.
(b) A business with annual gross receipts not exceeding the annual tax threshold, which shall be one hundred thousand dollars ($100,000.00) for the 2027 tax year, shall pay an annual business tax of twenty-five dollars ($25.00).

Beginning January 1, 2028, and each January 1 thereafter, the annual tax 7 threshold shall be adjusted by the percentage change for the preceding year in the Consumer Price Index for All Urban Consumers (CPI-U) for San FranciscoOakland-Hayward, or any successor index designated by the Finance Director. (c) A business with annual gross receipts exceeding the annual tax threshold in subsection (b) shall pay an annual business tax based on its classification as follows:

Classification Annual Business Tax
General Commerce/Retail or Utility $1.00 per $1,000 of annual gross receipts Contractor, Services, or Unclassified $3.00 per $1,000 of annual gross receipts Real Property Rental or Professional and
Advanced
$4.00 per $1,000 of annual gross receipts
SECTION FOUR. AMENDMENT TO SECTION 3-1.125 — CERTAIN ENUMERATED

BUSINESSES
Section 3-1.125 of Chapter 1 of Title 3 of the Emeryville Municipal Code is hereby amended to read as follows, with deleted terms shown in strikeout and added terms underlined:
3-1.125 Certain Enumerated Businesses.

Notwithstanding Section 3-1.124, Every every person transacting and carrying on the engaging in business businesses herein in any activity enumerated in this section shall pay a the business tax as follows set forth in this section for that business activity:

Advertising. Distributing, advertising, samples, handbills, dodgers or printed advertisements of any kind, forty dollars ($40.00) per day per person.

Alcohol Sales. All persons primarily engaged within the City of Emeryville in the retail sale of alcoholic beverages, not for consumption on the premises of the sale, pursuant to an off-sale general license issued in accordance with Section 23394 of the California Business and Professions Code or any successor provision, shall pay a business tax of five hundred dollars ($500.00) per quarter.

Said business tax shall not be applicable to persons engaged in the retail sale of alcoholic beverages which is limited to beer and/or wine pursuant to a retail package off-sale beer and wine license issued in accordance with Section 23393 of the California Business and Professions Code or any successor provision. 8 Barbershop and Beauty Shop. Owner or management operated shops shall pay a business tax based on their annual gross receipts pursuant to Section 3-1.124.

Independent barbershop and beauty shop operators within owner or management operated shops (if applicable), fifty dollars ($50.00) per quarter.

Billiards Establishment or Poolroom. Poolrooms, billiards establishments, or other commercial establishments which provide pool tables used to play pool, billiards, snooker or any other such games shall pay a business tax based on their annual gross receipts pursuant to Section 3-1.124.

Boxing. Boxing or wrestling exhibition where a fee or admission is charged, four hundred forty dollars ($440.00) for each exhibition.

Cabaret. One thousand three hundred twenty dollars ($1,320.00) per quarter, except that where the only entertainment furnished by or for any patron or guest consists of the playing of a piano, organ or other single musical instrument by a musician and no dancing provisions are afforded in connection therewith, the business tax shall be the sum of two hundred twenty dollars ($220.00) per quarter.

Provided, however, that before the granting of any business tax certificate, a permit to operate a cabaret must be obtained from the City Council pursuant to Chapter 4 of Title 5.
(a) Cannabis Businesses. Every person engaged in cannabis business in the City shall pay the business tax provided in Section 3-1.129. (b) Card Room. Carrying on the business of operating, conducting or managing a card room or card game in any public place or to which an admission fee is charged within the City of Emeryville, the business tax shall be as follows:

Card room businesses shall pay, monthly, to the City, a business tax of ten percent (10%) of the monthly gross receipts of such business, or shall pay, monthly, a business tax of one thousand dollars ($1,000.00) per table, per month, whichever of these two tax amounts is greater.

Before the granting of any business tax certificate by the Finance Department, a permit to conduct the card room or card game must be obtained from the City Council, as required by the provisions of Chapter 5 of Title 5. Each business tax certificate issued hereunder shall designate the number of card tables which the card room business is authorized to operate at the premises licensed.

Catering Truck, Food/Refreshment Stand. The sale of prepared lunches (commonly known as "box lunches"), food, and beverages intended for human consumption, made available to the consumer by means of a fixed or movable 9 stand, pushcart, wagon, truck or other vehicle, whether upon public or private property, seventy dollars ($70.00) per stand/vehicle, per quarter.

Check Casher. A person that for compensation engages within the City of Emeryville, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose shall pay a business tax of five hundred dollars ($500.00) per quarter.

Said business tax shall not be applicable to a State or federally chartered bank, savings association, credit union, or industrial loan company, nor to a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers and that cashes checks or issues money orders for a minimum flat fee not exceeding two dollars ($2.00) as a service to its customers that is incidental to its main purpose or business.

Circuses, Carnivals, Fairs or Similar Exhibitions or Amusement Centers. As follows:
(a) Two hundred dollars ($200.00) for the first day of operation and two hundred dollars ($200.00) per day for each day of operation thereafter. (b) Mechanical amusement centers including merry-go-round, Ferris wheels, recreation swings or similar amusement devices, two hundred twenty dollars ($220.00) per quarter.

The above shall not apply to a merry-go-round, Ferris or other similar wheel maintained in a park or other enclosure where a business tax for the other businesses maintained in the park or enclosure, inclusive of the merry-go-round, Ferris or other similar wheel, is paid by the owner or lessee.

Collection. Collecting debts, claims on demands, commonly known as a collecting agency, one hundred ten dollars ($110.00) per quarter.

Commission Merchant/Manufacturer's Representative. Buying and selling any products for a commission or fee for any other person, firm or corporation, commonly known as a commission merchant or broker, one hundred fifty dollars ($150.00) per quarter.

Contractors. Every person conducting or carrying on a business who is licensed as a contractor by the State of California and who undertakes to, or offers to undertake to, or submits bids to construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith, is defined as a contractor. The term "contract" as used in 10 the section also includes specialty contractors. All contractors, or handymen and odd-jobbers working on a subcontractor basis, shall pay an annual business tax of two hundred dollars ($200.00), (fifty dollars ($50.00) per quarter) or one dollar ($1.00) for each one thousand dollars ($1,000.00) of gross receipts on work engaged in Emeryville, whichever is greater.

Dance or Dance Hall. A public dance, whether or not for profit, to which people are admitted with or without charge, or at which people are allowed to participate in dancing, either with or without a charge, one thousand three hundred twenty dollars ($1,320.00) per quarter; provided, however, that where dances are held less than once a month, the business tax shall be one hundred ten dollars ($110.00) per day for each day such dance is conducted.

Delivery by Vehicle, Optional Rate. Every person not having a fixed place of business within the City of Emeryville who delivers goods, wares or merchandise by use of any kind by vehicle or provides any service by the use of vehicles in the City of Emeryville, except for those persons licensed under the paragraph entitled "Catering Truck, Food/Refreshment Stand" of this section, shall pay a business tax of fifty dollars ($50.00) per quarter.

Dog Kennels. Conducting or maintaining a dog kennel for each year or fraction of a year, commencing on the first day of January thereof, a business tax as follows:
1 to 10 dogs, inclusive $440.00
11 to 15 dogs, inclusive $500.00
16 or more dogs $550.00
Hospital. Hospital or rest home, sanitarium or maternity or lying-in asylum, two hundred twenty dollars ($220.00) per quarter.

House Mover. Moving houses, two hundred dollars ($200.00) per house. House mover must post a bond in the sum of twenty-five thousand dollars ($25,000.00) to indemnify the City for any damage done to streets in moving a house.

Laundry. Shop with a fixed place of business in the City of Emeryville, pickup and delivery of laundry, dyeing and cleaning, supplying towels, etc., shall pay a business tax based on their annual gross receipts pursuant to Section 3-1.124.

Delivery vehicles without a fixed place of business in the City of Emeryville shall pay a business tax of fifty dollars ($50.00) per quarter.

Lodging Services. Carrying on the business of primarily providing commercial lodging to the general public, such as hotels and motels. Lodging service 11 businesses shall pay, quarterly, to the City, a business tax of one-tenth of one percent (0.10%) of all gross receipts defined in Section 3-1.102, excluding gross receipts attributable to rent collected from a transient upon which the lodging service business also collects from the transient and pays to the City of Emeryville a tax in accordance with the Uniform Transient Occupancy Tax Law of the City of Emeryville.
(c) Massage Parlor (Nonconforming Adult Entertainment). Massage parlors operating as nonconforming establishments under Adult Entertainment Ordinance 90-10 shall pay a business tax of two hundred dollars ($200.00) per year for establishments with three (3) or fewer employees, four hundred dollars ($400.00) per year for establishments with four (4) to six (6) employees, or eight hundred dollars ($800.00) per year for establishments with seven (7) or more employees. Provided, however, that before the granting of any business tax certificate, a permit to operate a massage parlor must be obtained from the Chief of Police pursuant to Chapter 11 of Title 5.

Mechanical Amusement Devices. Operating and/or permitting the operation of any mechanical amusement device in any restaurant, store, cocktail lounge, resort, hall or other public place shall pay a business tax of twenty-five dollars ($25.00) per machine, per quarter.

A "mechanical amusement device" is hereby defined as a machine which upon the insertion of a coin or slug operates, or may be operated, for use as a game, contest, or amusement of any description, or which may be used for any such game, contest, or amusement, and which contains no automatic payoff device for the return of slugs, money, coins, tokens or merchandise.

An application for a license for operating a mechanical amusement device shall state that such device will be operated for amusement only.

Miniature Golf. So-called miniature golf course or games, two hundred twenty dollars ($220.00) per quarter.

Moving Picture Theater. Moving picture theater, where moving or motion pictures are exhibited, where an admission is charged, shall pay a business tax based on their annual gross receipts pursuant to Section 3-1.124.

Newsstand. Newsstand for the sale of foreign or domestic newspapers, periodicals or commodities whatsoever not herein otherwise designated, fifty dollars ($50.00) per quarter.

On-Location Movie/Television Production Company. Persons engaged in the production of a movie, television program, video, commercial, advertisement or 12 other such medium on location within the City of Emeryville, two hundred dollars ($200.00) per day.

Parking Lots. Parking automobiles or trucks for a fee shall pay a business tax based on their annual gross receipts pursuant to Section 3-1.124.

Peddlers.
(a) Flags, banners, balloons, canes, horns, trumpets, musical or noise making instruments of any kind, toys, badges, buttons, shoestrings, hairpins, lead pencils, combs, or souvenirs of any kind, one hundred dollars ($100.00) per quarter.
(b) Meats, game, poultry, fish, fruits, vegetables, wood, butter, eggs, buttermilk, milk, ice cream, bread, crackers, cakes, pies or other foodstuffs, confections, or other edibles intended for human consumption, one hundred dollars ($100.00) per quarter.

Roominghouse or Lodging House. Fifty dollars ($50.00) per quarter.

Security/Patrol Service. Three hundred dollars ($300.00) per year.

Shooting Gallery. Shooting gallery or range, two hundred twenty dollars ($220.00) per quarter.

Skating. Ice or roller skating rink, two hundred twenty dollars ($220.00) per quarter.

Soliciting or Canvassing. Soliciting or canvassing or taking orders for any goods, wares or merchandise or business and not having a regular place of business in the City of Emeryville, or who is not an agent or representative of a regular established place of business in the City of Emeryville, one hundred fifty dollars ($150.00) per quarter.

Storage of Petroleum. Storing petroleum or products of petroleum with a storage capacity of less than one thousand (1,000) barrels, two hundred twenty dollars ($220.00) per quarter. Where the storage capacity is one thousand (1,000) barrels or more, the tax shall be four hundred forty dollars ($440.00) per quarter.

Storehouse or Warehouse. Storehouse or warehouse for the storage of goods, merchandise, baggage, or household furniture or goods, whether for the purpose of storing the operator's own goods or otherwise, where the operator does not have any other place of business in the City of Emeryville, five hundred dollars ($500.00) per year for the first ten thousand (10,000) square feet or fraction thereof of storehouse or warehouse space, plus two hundred fifty dollars 13 ($250.00) per year for each additional five thousand (5,000) square feet or fraction thereof of storehouse or warehouse space.

Taxicabs or Limousines. Any entity engaged in the business of carrying passengers for hire, as permitted in Section 4-8.1.3, or any "owner" of a "limousine" as these terms are defined in Section 4-8.2.1 shall pay a business tax of two hundred dollars ($200.00) per year.

Temporary or Transient Business. A temporary or transient place of business engaged in the sale of goods, wares or merchandise shall pay a business tax equal to the lesser of twenty-five dollars ($25.00) per day or one hundred ten dollars ($110.00) per quarter.

Undertakers. Undertaker, embalmer or funeral director, six hundred sixty dollars ($660.00) per quarter.

Used Merchandise/Secondhand Goods.
(a) Collecting, buying or selling, either at wholesale or retail, used merchandise or other articles commonly known as junk, from a fixed place of business in the City of Emeryville, one hundred fifty dollars ($150.00). (b) Secondhand goods, dealing in second-hand goods, wares or merchandise, two hundred twenty dollars ($220.00) per quarter.

SECTION FIVE. REPEAL AND RESERVATION OF SECTION 3-1.126 —

PROFESSIONAL AND SEMIPROFESSIONAL CONNECTED BUSINESS
Section 3-1.126 of Chapter 1 of Title 3 of the Emeryville Municipal Code is hereby repealed and reserved to read as follows, with deleted terms shown in strikeout and added terms underlined:
3-1.126 Professional and Semiprofessional Connected Business. (a) Every person engaged in the business of providing professional services not specifically taxed by other business tax provisions of this chapter shall pay a business tax based on their annual gross receipts pursuant to Section 3-1.124 for services performed within the City of Emeryville.
(b) Providing professional services shall include, but not be limited to, the following:

Finance, insurance services, real estate services, medical and other health services; educational services; legal services; engineering and architectural services; accounting, auditing and bookkeeping services; savings and loan and other financial institutions.
14 3-1.126 Reserved.

SECTION SIX. AMENDMENT TO SECTION 3-1.127 — ALTERNATIVE MEASURE

OF GROSS RECEIPTS
Section 3-1.127 of Chapter 1 of Title 3 of the Emeryville Municipal Code is hereby amended to read as follows, with deleted terms shown in strikeout and added terms underlined:
3-1.127 Certain Businesses Not Having Alternative Measure of Gross Receipts.
(a) Whenever there are a person engaging in business within the City has no gross receipts or has gross receipts apportioned to the City that are less than one hundred percent (100%) of the cost of maintaining operations within the City of Emeryville, the business shall pay a business tax pursuant to the tax rate set forth in Section 3-1.124, computed on all expenses incurred on an annual basis at the business location or administrative office within the City of Emeryville for payroll, utilities, depreciation and/or rent gross receipts shall be deemed to be equal to one hundred percent (100%) of the cost of maintaining operations within the City, as provided in this section.
(b) A business taxed under this section shall not be considered either a retailer or wholesaler with respect to the sale of goods manufactured by such business within the City of Emeryville. As used in this section, the “cost of maintaining operations” includes, but is not limited to, payroll, utilities, rent, insurance, depreciation, and other ordinary and necessary business expenses incurred in the operation of the business within the City.
(c) When a person engages in two (2) or more businesses, one (1) or more having gross receipts and one (1) or more not having gross receipts, such person shall combine the annual gross receipts of the business(es) having gross receipts with the annual payroll, utilities, depreciation and/or rent of the business(es) not having gross receipts, and pay a business tax on the combined sum pursuant to the tax rate set forth in Section 3-1.124; provided, that all businesses are being conducted at the same location. When calculating payroll costs for this method of measuring tax, employees working from remote offices, including working from home, must be assigned to an official work location of the business. In determining where an employee should be assigned, the City shall consider whether the business has a business tax certificate for a designated work location, whether a designated work location is covered by workers’ compensation or other workplace insurance, and whether an employee is reimbursed for travel when traveling to a work location. 15 SECTION SEVEN. REPEAL AND RESERVATION OF SECTION 3-1.128 — RENTAL

OF COMMERCIAL PROPERTY
Section 3-1.128 of Chapter 1 of Title 3 of the Emeryville Municipal Code is hereby repealed and reserved to read as follows, with deleted terms shown in strikeout and added terms underlined:
3-1.128 Rental of Commercial Property.
(a) Every person engaged in the business of renting or letting a building, structure, or other property, or portion thereof, for commercial purposes, including the business of renting or letting advertising displays, advertising structures, or signs of any kind or character, erected or maintained for outdoor advertising purposes, within the City of Emeryville for a purpose other than dwelling, sleeping, or lodging to a tenant, shall pay an annual business tax of three and one-half tenths of one percent (0.35%) of the annual gross receipts of such business.
(b) A lessor otherwise subject to the business tax described in subsection (a) of this section shall not be exempt therefrom by reason of the fact that one (1) or more persons may reside within a building or structure where the primary purpose of the particular tenancy or the primary use or right to use by the tenant is for some purpose other than dwelling, sleeping, or lodging. (c) A lessor may exclude from gross receipts any receipts received which represent rent for the use of space by the lessor, a partner, when the lessor is a partnership, or by an affiliated corporation as defined in Section 3-1.102(d). (d) Upon payment of the annual business tax as set forth in subsection (a) of this section, the building owner shall provide the Finance Department with a list of the names of all current tenants, date of commencement of lease, length of lease term or termination date of lease, option terms, and tenancies terminated during the prior year.
3-1.128 Reserved.

SECTION EIGHT. AMENDMENT TO SECTION 3-1.132 — MAXIMUM ANNUAL

BUSINESS TAX
Section 3-1.132 of Chapter 1 of Title 3 of the Emeryville Municipal Code is hereby amended to read as follows, with deleted terms shown in strikeout and added terms underlined:
3-1.132 Maximum Annual Business Tax.
16 Every person transacting and carrying on any business within the City of Emeryville that pays an annual business tax pursuant to Section 3-1.124 shall pay an annual business tax no greater than three eight hundred thousand dollars ($300,000.00$800,000.00). Beginning January 1, 2028, and each January 1 thereafter, the maximum annual business license tax amount in this section shall be adjusted by the percentage change for the preceding year in the Consumer Price Index for All Urban Consumers (CPI-U) for San Francisco-OaklandHayward, or any successor index designated by the Finance Director.as adjusted annually upward or downward by the change in the Bay Area Consumer Price Index starting July 1, 2012.

SECTION NINE. AMENDMENT TO SECTION 3-1.134 — DUTIES OF THE FINANCE

DIRECTOR
Section 3-1.134 of Chapter 1 of Title 3 of the Emeryville Municipal Code is hereby amended to read as follows, with deleted terms shown in strikeout and added terms underlined:
3-1.134 Duties of the Finance Director Chief Financial Officer – Notice of Decisions.

It shall be the duty of the Finance Director Chief Financial Officer to collect and receive all business taxes imposed by this chapter and to keep an accurate record thereof. Said Chief Financial Officer The Finance Director is hereby charged with the enforcement of this chapter, except as otherwise provided herein, and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this chapter, including provisions for the reexamination and correction of returns and payments. The Finance Director Chief Financial Officer may prescribe the extent to which any ruling or regulation shall be applied without retroactive effect.

For good cause, the Finance Director Chief Financial Officer may extend for not more than thirty (30) days the time for making any return payment of business tax.

SECTION TEN. AMENDMENT TO SECTION 3-1.139 — EXEMPTIONS;

APPORTIONMENT
Section 3-1.139 of Chapter 1 of Title 3 of the Emeryville Municipal Code is hereby amended to read as follows, with deleted terms shown in strikeout and added terms underlined:
3-1.139 Exemptions; Apportionment for Nonprofit Corporations, Associations, Etc.
17 (a) A tax-exempt institution, corporation or association organized or conducted for nonprofit purposes only, whose receipts are used solely for the benefit of such organization and not in whole or in part for the private gain of any person, shall pay a one (1) time initial registration fee pursuant to Section 3-1.109 and shall not pay any business tax. This exemption shall not apply to promoters employed by such nonprofit institutions, corporations or associations. Any business fully or partially exempt by the Constitution or laws of the United States or the Constitution or laws of the State of California from the business tax imposed by this chapter is not required to pay the business tax imposed by this chapter to the extent of such exemption, but is required to demonstrate that the business is exempt and obtain a business tax certificate.
(b) Every institution, corporation, organization or association seeking an exemption pursuant to this section shall provide the Finance Department copies of forms submitted with the United States Internal Revenue Service and/or the State Franchise Tax Board establishing their tax-exempt status. No business tax imposed by this chapter shall be applied to a person or business so as to constitute an undue burden on interstate commerce or intercity commerce in violation of the Commerce Clause of the United States Constitution or the Equal Protection or Due Process clauses of the California Constitution. To this end, the Finance Director may adopt rules, regulations, and procedures for apportioning the business tax imposed by this chapter.
(c) Any person claiming an exemption from the business tax imposed by this chapter by virtue of this section shall submit to the Finance Department a statement signed under penalty of perjury setting forth the facts necessary to establish such claim of exemption.
(d) The City Council may adopt full or partial exemptions from the business tax imposed by this chapter.

SECTION ELEVEN. REPEAL AND RESERVATION OF SECTION 3-1.140 — A

BUSINESS WITH ADMINISTRATIVE OFFICES AND ADDITIONAL WAREHOUSES

WITHIN THE CITY
Section 3-1.140 of Chapter 1 of Title 3 of the Emeryville Municipal Code is hereby repealed and reserved to read as follows, with deleted terms shown in strikeout and added terms underlined:
3-1.140 A Business with Administrative Offices and Additional Warehouses Within the City.

A business with administrative offices and additional warehouses within the City shall pay a business tax based on the annual gross receipts of such business 18 from all locations within the City pursuant to the tax rate set forth in Section 3-

1.124, or based on the annual gross payroll, utilities, including PG&E and telecommunications, and depreciation and/or rent incurred at all office and warehouse locations within the City pursuant to tax rate set forth in Section 3-1.124, whichever is greater.
3-1.140 Reserved.

SECTION TWELVE. COUNCIL AMENDMENTS
The City Council may amend the terms of this chapter in any manner that does not increase the business tax or otherwise constitute a tax increase for which voter approval is required by Article XIII C of the California Constitution.

SECTION THIRTEEN. SEVERABILITY
Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION FOURTEEN. LIBERAL CONSTRUCTION
This measure shall be liberally construed to effectuate its purposes.

SECTION FIFTEEN. EFFECTIVE DATE
This Ordinance relates to the levying and collecting of the City business tax and will be in full force and effect ten (10) days after the certification by the City Council of the election returns indicating passage of the ordinance in the election of November 3, 2026, by the margin of votes required by California Constitution Article XIII C, Section 2(b) for general tax measures.

SECTION SIXTEEN. APPLICATION OF TAX
The business tax rates adopted pursuant to this Ordinance shall apply beginning January 1, 2027. The business tax due for calendar year 2027 shall be calculated based on gross receipts for calendar year 2026 in accordance with Chapter 1 of Title 3 of the Emeryville Municipal Code, as amended by this Ordinance. [THIS PAGE INTENTIONALLY LEFT BLANK]
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: July 21, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Mohamed Alaoui, Public Works Director
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND

AMENDMENT TO THE CONSTRUCTION CONTRACT WITH BAY
CITIES PAVING AND GRADING, INC. TO INCREASE THE CONTRACT AMOUNT BY AN ADDITIONAL $1,129,906.44 FOR A TOTAL NOT TO EXCEED AMOUNT OF $10,957,395.14; ACCEPTING THE 2024
SUSTAINABLE STREETSCAPES PROJECT, PROJECT NO. EPW23008 (CIP NO. 24221005) AS COMPLETE; AUTHORIZING THE CITY

ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE ALAMEDA

COUNTY CLERK

RECOMMENDATION
Staff recommends that the City Council adopt the above-titled resolution to:
▪ Authorize the City Manager to execute a Second Amendment to the construction contract with Bay Cities Paving and Grading, Inc. to increase the total contract amount by 11.5%, or $1,129,906.44, for a total contract amount not to exceed $10,957,395.14.
▪ Accept the construction of the 2024 Sustainable Streetscapes Project, Project No. EPW-23008 (CIP No. 24221005), as complete.
▪ Authorize the City Engineer to file a Notice of Completion with the Alameda County Clerk.

BACKGROUND
The Sustainable Streetscapes Project represents the largest paving and multimodal streetscape investment in the City's history and directly supports the City Council's Strategic Plan goals: maintaining quality infrastructure, improving transportation safety, and advancing environmental stewardship. The Project rehabilitated critical roadway infrastructure throughout the City, implemented numerous Active Transportation Plan and Local Roadway Safety Plan improvements, expanded ADA accessibility, enhanced transit facilities, installed citywide bicycle and pedestrian improvements, and incorporated green infrastructure to protect the bay ecosystem. The requested amendment is primarily attributable to unanticipated green infrastructure requirements, a large sinkhole repair, utility conflicts, PG&E constraints, ADA accessibility modifications, and other unforeseen field conditions encountered during the construction of the Hollis Street improvements.
2024 Sustainable Streetscapes Project Acceptance and 2nd Amendment City Council Meeting | July 21, 2026

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Original Council Actions
On December 19, 2023, the City Council approved the original scope of work and authorized the City Engineer to advertise for the construction of the 2024 Sustainable Streetscapes Paving Project, Project No. EPW-23008 (“Project”) and made the CEQA determination that the project is exempt pursuant to CEQA guideline 15301(c) (Resolution No. 23-163). The primary goal of this project is the pavement rehabilitation and maintenance of City streets, while improving bike, pedestrian, and transit infrastructure. Two studies provided guidance for this work: the MTC’s Technical Assistance Program (P-TAP) which provides a Pavement Condition Index (PCI), and the City’s 2023 Active Transportation Plan.

The project was formally advertised on February 5, 2024, following public bidding procedures. On March 28, 2024, the City received no bids for the Project. Pursuant to Public Contract Code section 22038(c), the City was allowed to negotiate directly with contractors upon receiving no bids. The City successfully negotiated with Bay Cities Paving and Grading, Inc. for the Project construction contract in the amount of $5,927,488.70, which was lower than the Engineer’s estimate of $6,000,000. On June 4, 2024, the City Council authorized the City Manager to enter into a contract with Bay Cities Paving and Grading, Inc. in the amount of $5,927,488.70.

Construction Contingency and First Amendment
At the June 4, 2024 meeting, Council also approved the addition of pavement rehabilitation and pedestrian and transit improvements along Hollis Street to the scope of work for the project, the design of which was being finalized at the time of approval. It should be noted that the Hollis Street scope of work and associated bid items were included in the original bid proposal that was advertised.

The same Council action authorized the City Manager to approve an amendment to the contract to allow payment of an additional $3,500,000 for a total not-to-exceed amount of $9,427,488.70. The additional costs included estimates of the Hollis Street improvements and recommended contingency. Combined with $400,000 of work authorized on Doyle Street1, the total contract amount was $9,827,488.70 and a first contract amendment to the Bay Cities contract was executed on October 26, 2025.

Despite the substantial contingency amount, the combination of state green infrastructure requirements, ADA related requirements, unforeseen underground conditions, and utility conflicts found on Hollis Street ultimately exceeded the original contingency authorization.

DISCUSSION
1 On October 15, 2024, City Council approved the addition of the Doyle Street Bicycle Improvements as a change order to the Project.
2024 Sustainable Streetscapes Project Acceptance and 2nd Amendment City Council Meeting | July 21, 2026

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Project Accomplishments
The Capital Improvement Program Sustainable Streetscapes is an annual project that is intended to maintain the City’s pavement infrastructure and advance the City’s Strategic Plan, Active Transportation Plan, Local Roadway Safety Plan, and Complete Streets Policy goals. To achieve this, the CIP intended this project to deliver an omnibus of various improvements with many moving parts. It delivers multimodal upgrades:
improved bike and pedestrian facilities, ADA compliant ramps, transit enhancements, green infrastructure, signal upgrades, lighting, and signage.

This project has a strong connection to the City Council Strategic Plan which specifically calls out “Quality Infrastructure and Environmental Stewardship” and “Bicycle and pedestrian focused projects” as stated goals.

The 2024 Sustainable Streetscapes Project in particular helps Emeryville uphold its top ranking for pavement condition index in Alameda County. It also represents the largest investment in pavement preservation, multimodal infrastructure, and environmental stewardship in the City’s history.

In summary the work included:
▪ New paving in the triangle neighborhood.
▪ New paving of the Civic Center and Fire Station 35 parking lots. ▪ New paving and installation of protected bicycle facilities on Shellmound Street as per the City’s Active Transportation Plan.
▪ Reconstruction of Hollis Street between Powell Street and 40th Street with new paving, traffic signal, pedestrian safety and transit improvements. ▪ The plaza at Powell-Hollis was expanded by removing the slip lane, significantly enhancing safety for pedestrians and cyclists as outlined in the City’s Active Transportation and Local Roadway Safety plans and providing a prime location for the new “Fertile Ground” sculpture.
▪ Construction of transit boarding islands along Hollis Street. ▪ Installation of more than 2,000 square feet of green infrastructure along Hollis Street thus protecting and improving the bay’s ecosystem. ▪ Installation of approximately 100 bicycle racks throughout the City. ▪ Installation of 46 benches Citywide as per the Commission on Aging’s recommendations.
▪ Installation of 38 solar-powered lights at transit stops furthering the City’s commitment to transit infrastructure.
▪ Installation of ADA accessibility improvements including 35 ramps. ▪ Installation of 14 speed humps at Emeryville Greenway crossings and other locations.

The Project delivered a large variety and volume of improvements. But the Project had many moving parts and ultimately encountered unforeseen conditions and regulatory 2024 Sustainable Streetscapes Project Acceptance and 2nd Amendment City Council Meeting | July 21, 2026

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requirements. A Transportation and Sustainability Committee meeting was held in November 2025 during which these challenges were discussed. Committee members continued to express support for the project.

It is important to highlight that all the work that contributed to the cost overages is within the overall scope of work of the Bay Cities construction contract. The unforeseen conditions and regulatory requirements encountered during construction activities could not be ignored and had to be addressed to ensure public safety and compliance with all applicable regulations. These challenges and associated costs are discussed below.

Schedule
The first phase of the Project in the triangle neighborhood, Shellmound Street, and various City-maintained parking lots was completed on time in Fall 2024. The second phase of the Project (Hollis Street) was deferred to early 2025 to give more time to finalize design but also allow for better weather for construction of the improvements.

In February 2025, the Contractor began work on Hollis Street constructing curb extensions to reduce pedestrian crossing distances, installing bus loading zones to increase transit efficiency along the corridor, constructing green infrastructure facilities to treat storm water runoff before draining to the Bay, and rehabilitating the pavement from 40th Street to Powell Street. Initially, the second phase was scheduled to be completed by the end of Summer 2025, but several challenges came up causing delays.

Green Infrastructure Requirements
The Hollis Street phase of the Project was originally designed to be a mill and overlay from 40th Street to Powell Street. By itself, the Project did not trigger any State Water Board Clean Water requirements since it was not changing the original pavement elevations or doing major re-grading of the roadway. During the completion of the final design, the pedestrian and transit safety improvements along the corridor were found to require extensive grading at each of the intersections to meet the ADA-related Public Right-of-Way Accessibility Guidelines (PROWAG). Along with this extensive grading, the City was also required to incorporate green infrastructure to comply with TMunicipal Regional Stormwater National Pollutant Discharge Elimination System Permit (MRP), thus resulting in additional costs. Green infrastructure improvements are a significant cost component of urban corridor retrofit projects. The constrained urban environment along Hollis Street, combined with ADA grading requirements, utility coordination, and traffic control constraints, significantly increased the complexity and cost of the required green infrastructure improvements.

However, the amount of green infrastructure incorporated by the Project also satisfied the 2027 Citywide Clean Water requirements for the City. Without the inclusion of green infrastructure in this Project, a separate, standalone project of a similar size elsewhere in the City would have been required.
2024 Sustainable Streetscapes Project Acceptance and 2nd Amendment City Council Meeting | July 21, 2026

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Unforeseen Conditions on Hollis
The Project encountered several unforeseen conditions that required additional work, redesign, utility coordination, traffic control, and construction expenditures beyond those originally anticipated. These conditions were addressed utilizing the Council-authorized contingency budget and are described below.

Unmapped Utility Conflicts
Numerous dry and wet utility facilities, both publicly and privately owned, were encountered during construction that were not accurately reflected in available record drawings. These facilities required field investigation, potholing, relocation, abandonment, redesign, and hand excavation activities to avoid service disruptions and maintain construction progress. The utility conflicts resulted in additional construction costs, utility coordination efforts, and schedule impacts.

Sinkhole Discovery at 53rd Street and Hollis Street
While preparing for a relocation of the above unmapped utilities, the Contractor discovered a sinkhole at the intersection of 53rd and Hollis. Construction operations were temporarily suspended while the cause of the sinkhole was investigated and emergency repairs were completed. The sinkhole was within the project area and required immediate response to protect public safety and roadway infrastructure.

PG&E Gas Transmission Line Constraints
A major PG&E gas transmission facility located along the west side of Hollis Street imposed significant construction constraints following PG&E requests for additional procedures in the work area. Additional potholing, utility locating, field verification, standby support, and redesign efforts were required to maintain required clearances from the transmission line. Several Project elements were modified to accommodate these constraints, resulting in additional costs and schedule impacts.

PG&E Capital Improvement Coordination
During construction, PG&E initiated improvements to a portion of the transmission line between 53rd Street and Stanford Avenue. Coordination of overlapping traffic control operations and construction activities resulted in additional schedule impacts and construction management efforts.

Shallow Conduits and Utility Relocations
Unexpectedly, numerous shallow utility conduits were encountered throughout the corridor. Additional excavation, utility relocation, conduit lowering, traffic control, and coordination activities were required to complete the work safely and maintain utility service.

Utility and Third-Party Construction Coordination
Construction activities within the Hollis Street corridor required ongoing coordination with multiple third-party utility and encroachment permit holders performing work within or immediately adjacent to the Project limits. Multiple instances of aging EBMUD 2024 Sustainable Streetscapes Project Acceptance and 2nd Amendment City Council Meeting | July 21, 2026

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infrastructure failures and associated flooding occurred within the Project limits during construction.

ADA Grading and Accessibility Modifications
Additional concrete work, grading adjustments, installation of 35 curb ramps, and accessibility improvements were required during construction to satisfy ADA and PROWAG requirements in a constrained urban environment. Existing field conditions differed from assumptions used during design, resulting in additional quantities of concrete removal and replacement.

Tree Root Conflicts and Landscape Modifications
Tree roots, irrigation facilities, and landscape infrastructure encountered during construction required additional removal, repair, replacement, and reconstruction efforts. Several replacement trees required structural soil installations and modified construction details to maintain compliance with City standards.

Unstable Subgrade and Pavement Reinforcement
During construction, portions of the roadway exhibited unstable subsurface conditions and recurring pavement movement associated with underlying utility trenches and aging infrastructure. To improve long-term pavement performance and reduce future maintenance needs, a fiber-reinforced asphalt section was incorporated into a localized area of the roadway where recurring settlement and pavement distress were observed.

This value-engineering measure was implemented to provide additional structural strength and durability while minimizing the likelihood of future pavement failures.

Public Seating and Accessibility Improvements at Marina The City received requests from the Commission on Aging in 2024 to upgrade benches in the marina and other locations in the City to improve ADA accessibility and comfort.

As part of project delivery, the City installed new benches as part of the project. Bench locations in the Marina area were selected based on existing deficiencies, deteriorated conditions, gaps in seating opportunities, and feedback received from the Committee on Aging regarding the need for additional resting locations along pedestrian routes and within public gathering areas.

The bench installations provide accessibility, mobility, and quality-of-life benefits for older adults, persons with disabilities, transit users, and other community members who may require periodic resting locations while walking throughout the City.

The majority of the benches were installed within the Marina area, where they directly support access to waterfront amenities, public open spaces, parking areas, and pedestrian routes. Accordingly, a portion of the costs associated with the bench program are proposed to be funded through the Marina Fund (Fund 495), which is intended to support improvements benefiting the Marina area. 2024 Sustainable Streetscapes Project Acceptance and 2nd Amendment City Council Meeting | July 21, 2026

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Cost Control Measures
Throughout the Project, staff took several measures to control costs. Following the initial bid advertisement, the City received no bids for the Project. Pursuant to Public Contract Code section 22038(c), staff successfully negotiated a construction contract with Bay Cities Paving and Grading, Inc. at a value below the Engineer's Estimate. This allowed the Project to begin from a favorable cost position relative to prevailing market conditions at the time.

Staff also actively managed project costs throughout construction by removing previously authorized work to minimize cost overruns. Although Council authorized approximately $400,000 of Doyle Street improvements as part of the Project, the work was ultimately removed from the construction contract and did not contribute to the additional costs discussed in this report.

Similarly, several originally authorized improvements, including portions of the Marina parking lot improvements, the Hong Kong East Ocean parking lot improvements, and the Bay Trail Crossing Improvement at Point Emery, were removed from the Project when it became apparent that unforeseen conditions and regulatory requirements would consume a significant portion of the available contingency budget. This was discussed in the November 2025 Transportation and Sustainability Committee meeting.

Summary of Costs
Table 1 – Summary of Cost Changes
Item of Work Before After Change
Triangle Neighborhood Paving,
Shellmound Paving, City Parking
Lots, and Citywide Installations
of Bike Racks, Solar Lights, and
Speed Humps
$2,851,000 $2,923,166 + 2.5%
Storm Drain
Markers,
Speed Humps
were added
scope
Doyle Street (Scheduled) $400,000 $0 Removed
Scope
Original Scope Removed from
Project (Marina, Pt. Emery, and
Halleck)
$1,107,000 $0 Removed
Scope
Hollis Street Paving and
Concrete Improvements
$3,969,000 $4,557,856 + 14.8%
Unforeseen Conditions and
Green Infrastructure
$1,500,000 $3,229,924 + 115%
Marina Benches $0 $246,448.67 Added Scope
2024 Sustainable Streetscapes Project Acceptance and 2nd Amendment City Council Meeting | July 21, 2026

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Total $9,827,488.70 $10,957,395.14 +11.5%
The increase in Hollis Street costs was primarily attributable to the triggering of green infrastructure requirements by ADA related work, utility conflicts, the sinkhole repair, and other field conditions encountered during construction. The following is a summary of these overages.

Table 2 – Unforeseen Condition Cost Impacts
Unforeseen Condition Approximate Cost Impact
Green Infrastructure $1,650,000
Unmapped Utilities $103,000
Sinkhole $104,000
PG&E Constraints $224,924
Electrical/Fiber Conduits $215,000
Utility & Third-Party Construction Coordination $111,000 ADA Modifications $423,000
Tree/Irrigation Conflicts $145,000
Unstable Subgrade / Pavement Reinforcement $254,000
Total $3,229,924
The additional contract capacity of $1,129,906.44 needed to close out the project is significantly less than the $3,229,924 in green infrastructure and unforeseen costs.

The summary of total expenses incurred to date sums up to be $10,957,395.14. This is above the previously approved council authorization of $9,827,488.70.

Contract Amendment
Staff proposes to increase the contract amount and budget to reconcile costs associated with the completed work items described above and formally incorporate those costs into the Project budget and contract authority. This would require $1,129,906.44 in additional contract capacity. This would bring the total contract capacity to $10,957,395.14.

CEQA Determination
At its December 19, 2023 meeting, the City Council determined that the Sustainable Streetscapes Project was exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301(c), which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar public facilities. The improvements completed as part of the Project remained within the scope of the previously approved Project and are consistent with the City's December 19, 2023 CEQA determination.

STRATEGIC PLAN CONNECTION
2024 Sustainable Streetscapes Project Acceptance and 2nd Amendment City Council Meeting | July 21, 2026

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This Project directly advances multiple goals identified in the City Council's 2026-2028 Strategic Plan. The Project supports the Council's goal of creating a Livable, Safe and Vibrant Community through construction of pedestrian safety improvements, ADA accessibility upgrades, bicycle infrastructure, transit improvements, traffic calming measures, and other multimodal transportation enhancements designed to improve safety and mobility for residents, workers, and visitors.

The Project also supports the Council's Quality Infrastructure and Environmental Stewardship goal through rehabilitation of aging roadway infrastructure, installation of green infrastructure facilities, stormwater quality improvements, energy-efficient solar transit lighting, and long-term pavement preservation strategies that protect the City's infrastructure investments.

Additionally, the Project advances the Council's priority of delivering bicycle and pedestrian focused transportation projects through implementation of recommendations contained in the City's Active Transportation Plan and Local Roadway Safety Plan.

Improvements completed as part of the Project include protected bicycle facilities, ADA curb ramps, transit boarding improvements, pedestrian safety enhancements, citywide bicycle parking, solar-powered transit stop lighting, plaza enhancements, and traffic calming improvements throughout the community.

FISCAL IMPACT
Sufficient funding exists within the Sustainable Streetscapes Project (CIP No. 24221005) as per the Council approved 25-27 CIP budget. As a result, no additional appropriations from other active CIP projects are required to fund the proposed amendment.

The Doyle Street Bicycle Improvements were originally included within the 2024 Sustainable Streetscapes Project and previously authorized by the City Council. During construction, however, the City elected to defer those improvements in order to prioritize completion of the Hollis Street corridor and address the significant unforeseen conditions encountered during construction. As a result, the Doyle Street work is no longer included in the 2024 Sustainable Streetscapes Project. The previously programmed funding for Doyle Street ($400,000 of Fund 254 – ACTC Grant Funds) will remain within the Sustainable Streetscapes Program (CIP No. 24221005) and will be available for future Sustainable Streetscapes projects, subject to future City Council budget appropriations and project prioritization.

The following is a summary of existing funds in the Sustainable Streetscapes Project (CIP No. 24221005):

Table 3 – Budget Table for Sustainable Streetscapes Project Project No. Fund Budget
24221005 220 – Gas Tax $50,000
24221005 221 – RMRA $1,534,891
2024 Sustainable Streetscapes Project Acceptance and 2nd Amendment City Council Meeting | July 21, 2026

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24221005 238 – Measure B (VLF) $100,000
24221005 240 – Measure B (LSR) $18,600
24221005 242 – Measure BB (LSR) $2,867,139
24221005 250 – Traffic Impact Fee $1,361,964
24221005 254 – ACTC Grant Funds $354,000
24221005 264 – Measure BB (B/P) $326,300
24221005 471 – Ped Path Imp Fund $228,010
24221005 472 – RDA $689,813
24221005 473 – Developer Contribution Fee $2,090,732
24221005 475 – Gen Cap Fund $4,943,311
24221005 495 – Marina $311,830
Total = $14,876,590
Current 1st Amendment Contract with BCPG $9,827,488.70
Total Additional Contract Capacity $1,129,906.44
Total Budget with Request $10,957,395.14
There is adequate funding encumbered into the Project as shown above to fully fund the 2 nd Amendment Contract for Bay Cities Paving and Grading.

The Sustainable Streetscapes Program is an annual omnibus transportation capital improvement program funded through multiple transportation and capital funding sources. Consistent with the City's Capital Improvement Program budgeting practices, any remaining unexpended project balances at project closeout remain within their respective eligible funding sources and are carried forward to support future Sustainable Streetscapes projects. This approach provides flexibility to continue delivering pavement preservation, complete streets, accessibility, safety, and multimodal transportation improvements through future annual Sustainable Streetscapes projects without requiring separate standalone capital programs.

STAFF COMMUNICATION WITH THE PUBLIC
City Council Meetings
The Project and Contract have been presented to City Council several times over the last three years at various stages of development, including approval of the original project scope, award of the construction contract, authorization of additional work associated with the Hollis Street and Doyle Street improvements, and approval of construction noise waivers associated with implementation of the Project. ▪ December 19, 2023 – City Council approved the original scope of work and authorized staff to advertise the project for public bids (Reso. No. 23-163); ▪ June 4, 2024 – City Council authorized award of the construction contract to Bay Cities Paving and Grading and approved additional scope and contingency for the Hollis Street work (Reso. No. 24-69);
2024 Sustainable Streetscapes Project Acceptance and 2nd Amendment City Council Meeting | July 21, 2026

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▪ October 15, 2024 – City Council authorized change order to the Bay Cities Paving and Grading construction contract for the Doyle Street Greenway work (Reso. No. 24-125);
▪ April 1, 2025 – City Council granted a noise waiver for the Hollis Street construction. Ahead of the meeting, staff sent mailers to property owners and occupants within 600 feet of Hollis Street (Reso. No. 25-27); ▪ November 4, 2025 – City Council granted a noise waiver extension for the Hollis Street construction. Ahead of the meeting, staff sent mailers to property owners and occupants within 600 feet of Hollis Street (Reso. No. 25-105).

The Project was also discussed extensively at various City Committees throughout planning, design, and construction:

Transportation and Sustainability Committee: The Committee received multiple presentations and updates regarding the Sustainable Streetscapes Program, including the Hollis Street pedestrian and transit improvements, Shellmound Street protected bikeway, the citywide bike rack program, transit lighting improvements, green infrastructure elements, and general construction progress. A key meeting date was November 17, 2025. At this meeting, the committee heard about the additional costs from state mandated green infrastructure, triggered when intersection regrading pushed the project over the 1acre regulatory threshold. The committee also discussed the cost overages from the unforeseen conditions, including unmapped shallow utilities, telecom vault conflicts, and an emergency sinkhole repair at 53rd & Hollis, as well as the postponement of the Doyle Street Bicycle Improvements to the next paving project.

Bicycle / Pedestrian Advisory Committee: The Committee received multiple presentations and updates regarding the bicycle, pedestrian, transit, and accessibility components of the Project, including the Shellmound Street protected bikeway, Hollis Street improvements, transit lighting, bike parking program, and Doyle Street Greenway improvements. Project updates were also provided regularly through Public Works staff reports and updates.

Commission on Aging: The Commission provided input regarding ADA-accessible public benches that were incorporated into the Project. Members were also provided regular updates on project progress.

Public Art Committee: The Committee participated in discussions regarding the placement of a new public art installation, considering the expanded Powell Street and Hollis Street plaza area as a potential location. The plaza was ultimately selected as the ideal location for the new “Fertile Ground” sculpture.

Beyond the City's public meetings, Public Works staff engaged residents and stakeholders through community events, including Bike to Wherever Day and the Harvest Festival, and distributed construction notices, mailers, website updates, and many news flashes to keep the public informed of project milestones, construction activities, and anticipated travel impacts.
2024 Sustainable Streetscapes Project Acceptance and 2nd Amendment City Council Meeting | July 21, 2026

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The following is a comprehensive table of all public meetings held on this project to date:

Table 4 – Public Meetings
Meeting Body Meeting Date Subject Discussed
Transportation and
Sustainability
Committee
4/10/2023 New Sustainable Streetscapes CIP
developed
Transportation and
Sustainability
Committee
10/16/2023 Class IV Bikeway on Shellmound Street
Transportation and
Sustainability
Committee
11/13/2023 Citywide Bike Racks and Transit Lighting
(Sustainable Streetscapes project)
City Council 12/19/2023 Approval of original scope and authorization to advertise project for public bids
Bicycle/Pedestrian
Advisory
Committee
2/5/2024 Transit Lighting proposed
Transportation and
Sustainability
Committee
4/15/2024 Hollis Street Pedestrian and Transit
Improvements
Transportation and
Sustainability
Committee
5/22/2024 Sustainable Streetscapes segments as part of
SB1 street list approval item
Transportation and
Sustainability
Committee
6/10/2024 Bike racks to be installed with Sustainable
Streetscapes project (Bike Parking item)
City Council 6/4/2024
Award of construction contract to Bay Cities
Paving and Grading; approval of additional
payments for Hollis Street work
City Council 10/15/2024
Change order to Bay Cities Paving and
Grading contract for Doyle Street Greenway
work
City Council 4/1/2025
Noise waiver for Hollis Street construction;
mailers sent to property owners and
occupants within 650 feet
City Council 11/4/2025
Noise waiver extension for Hollis Street
construction; mailers sent to property owners
and occupants within 650 feet
Transportation and
Sustainability
Committee
11/17/2025
Update on Sustainable Streetscapes project;
green infrastructure challenges;
postponement of Doyle Greenway
improvements
2024 Sustainable Streetscapes Project Acceptance and 2nd Amendment City Council Meeting | July 21, 2026

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Meeting Body Meeting Date Subject Discussed
Transportation and
Sustainability
Committee
4/14/2026 Materials of Marina benches installed as part of the project
Bicycle/Pedestrian
Advisory
Committee
Various
(multiple
presentations)
Updates on bicycle, pedestrian, transit, and
accessibility components including
Shellmound Street protected bikeway, Hollis
Street improvements, transit lighting, bike
parking program, Doyle Street Greenway
improvements
Commission on
Aging Various Member updates on ADA-accessible public benches Public Art
Committee Various
Placement of new public art installation—
Powell & Hollis plaza for “Fertile Ground”
sculpture

CONFLICT OF INTEREST
None.

CONCLUSION
Staff recommends that the City Council adopt the above-titled resolution to:
1) Authorize the City Manager to execute a Second Amendment construction contract with Bay Cities Paving and Grading, Inc. to increase the total contract amount by 11.5%, or $1,129,906.44, for a total contract amount not to exceed $10,957,395.14.
▪ Accept the construction of the 2024 Sustainable Streetscapes Project, Project No.

EPW-23008 (CIP No. 24221005) as complete.
▪ Authorize the City Engineer to file a Notice of Completion with the Alameda County Clerk.

PREPARED BY: Ryan O’Connell, Senior Civil Engineer

ATTACHMENTS
▪ Attachment A – Original Construction Contract
▪ Attachment B – First Contract Amendment
▪ Draft Resolution
▪ Exhibit A – 2nd Contract Amendment

C A L I F O R N I A

CONSTRUCTION CONTRACT

F O R C I T Y U S E O N L Y
Contract No. CIP No.

Resolution No. Project No.

REV02/ 2024
THIS CONSTRUCTION CONTRACT (“Contract”) is effective as of _______________ the “Effective Date”), by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and BAY CITIES PAVING AND GRADING, INC. (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.

WITNESSETH THAT
WHEREAS, by Resolution No. 23-163, the City Council of the City of Emeryville has authorized the Director of Public Works to solicit public bids for the 2024 Sustainable Streetscapes Paving Project, Project No. EPW-23008, CIP No. 24221005 (the Project”); and
WHEREAS, the City has conducted a public bidding procedure in compliance with all applicable laws; and
WHEREAS, the City received no bids on March 28, 2024; and WHEREAS, the City elected to directly negotiate with Contractors following Public Contract Code 22038; and
WHEREAS, Contractor submitted a negotiated bid proposal within the Engineer’s Estimate; and
WHEREAS, the City has determined that the Contractor is qualified by training and experience to render such services; and
NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. CONTRACT DOCUMENTS
The following documents, including their respective exhibits and addenda (collectively Contract Documents"), are by this reference incorporated in and made a part of this Contract in the following order of precedence:

Construction Contract
o Exhibit A –
1) Exhibit A(1) – Addenda to Project Specifications (if applicable) 2) Exhibit A(2) – Project Specifications
3) Exhibit A(3) – Addenda to Project Plans (if applicable) DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB 24024E-0000-PW04
2300824- 69 EPW24221005
07/11/2024
City of Emeryville | Construction Contract
REV02/ 2024

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4) Exhibit A(4) – Project Plans
5) Contractor’s Bid and Proposal (as accepted by City)
o Exhibit B – Contract Insurance Requirements
o Exhibit C – City Supplemental Terms and Conditions
o Exhibit D – Required Bond Documents
Attachment A – City of Emeryville Standard Specifications ( online only) o http://www.ci.emeryville.ca.us/132/City-Standards
o http://www.ci.emeryville.ca.us/348/City-Standard-Specifications Attachment B – State of California Department of Transportation Standard Plans (online only)
http://dot.ca.gov/programs/design/ccs-standard-plans-and-standardspecifications Attachment C – State of California Department of Transportation Standard Specifications ( online only)
http://dot.ca.gov/programs/design/ccs-standard-plans-and-standardspecifications Any and all future amendments to this Contract will be incorporated as Construction Contract Amendments as needed.

2. SCOPE OF WORK
In conformance with the Contract Documents, Contractor will furnish, all labor, materials, equipment, incidentals, transportation, and disposal for services required in order to perform and complete the Project.

3. PRICE
The total amount to be paid under this Contract for all of the work set forth in Section 2 above is exceed FIVE MILLION, NINE HUNDRED TWENTY SEVEN THOUSAND, FOUR HUNDRED EIGHTY EIGHT DOLLARS AND SEVENTY CENTS ($5,927,488.70) Total Contract Price"). This price includes all costs for labor, materials, tools, equipment, services, warranty, taxes, insurance, overhead, profit and all other costs necessary to perform the work in accordance with this Contract.

4. TIME FOR COMPLETION
After the Contract has been executed by City, Contractor shall begin work within fifteen 15) calendar days after the effective date of the Notice to Proceed issued by City and shall diligently prosecute the work to completion within eighty-five (85) working days from the effective date of the Notice to Proceed. Liquidated Damages in the Amount of 2,500 per calendar day will be assessed for failure to complete the contract work within the number of workdays specified.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB City of Emeryville | Construction Contract
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5. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of Contractor or subcontractors as well as any claim by any employee, agent, Contractor or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract. 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

6. INSURANCE
Contractor shall not commence Services under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. 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 Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

7. NO WAIVER
Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB City of Emeryville | Construction Contract
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8. NOTICES
Any notice required to be given by this Contract will be in writing and deemed effective upon personal delivery, or 1 business day after being sent via registered or certified mail return receipt requested or by overnight commercial courier providing next business day delivery and addressed to the following respective parties:

CITY CONTRACTOR
Mohamed Alaoui, Public Works Director
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4330
E-Mail : [email protected]
with a copy to:

Ryan O’Connell, Senior Civil Engineer
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4346
E-Mail : roconnell@emeryville. org
Benjamin L. Rodriguez Jr., President
1450 Civil Ct. Bldg. B #400
Concord, California 94520
Phone No: 925-687-6666
E-Mail : [email protected]

9. ENTIRE CONTRACT
This Contract contains the entire agreement of the parties with respect to the subject matter of this Contract. Any modifications to this Contract shall be in writing.

10. AUTHORITY TO CONTRACT
Contractor covenants and declares that it has obtained all necessary approvals to bind Contractor to this Contract and that the representative signing the Contract is authorized to do so.

SIGNATURES ON FOLLOWING PAGE
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11. SIGNATURE PAGE TO CONSTRUCTION CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE
Paul Buddenhagen, City Manager
Dated: BAY CITIES PAVING AND GRADING, INC.

Signature)
Benjamin L. Rodriguez Jr., President
DocuSign Envelope ID: 0161908F- 3159-4861- 8C70-4F1224BAEE5D 05/13/2024
Docusign Envelope ID: DE95FD4C- C6BB- 4046-AA29-50F74D51EBDB 07/11/2024
EPW - 23008 Addendum No. 1 Page 1 of 1
2024

SUSTAINABLE STREETSCAPES PAVING PROJECT
PROJECT NO. EPW- 23008)
ADDENDUM NO. 1
February 23, 2024
To All Plan Holders:

Notice is hereby given that the following changes to the bid documents have been made for the above referenced project:

Part A – CONTRACT DOCUMENTS

1. Notice Inviting Bids
a. Notice is hereby given that the Bid Opening Date 2024 SUSTAINABLE STREETSCAPES PAVING PROJECT, Project No. EPW-23008 is hereby revised to be Tuesday, March 12, 2024 at 2:00 p.m.
b. The revised deadline for submissions of initial questions and clarifications concerning the Contract Documents is hereby revised to be March 1, 2024, at 5:00pm.

QUESTIONS AND ANSWERS
Questions that were turned in by the February 20th deadline will be summarized and answered as part of Addendum No. 2 (anticipated release date on 2/26/ 2024).

Signature of this Addendum Sheet and inclusion of it with the Proposal is required at the time of bid opening.

Date: February 23, 2024 by:___________________________
Ryan O’Connell, PE
Senior Civil Engineer
Company Name: ___________________ Authorized Signature:_________________ Authorized Name: ___________________ Date: ______________________ DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 Addendum No. 2 Page 1 of 13
2024

SUSTAINABLE STREETSCAPES PAVING PROJECT
PROJECT NO. EPW- 23008)
ADDENDUM NO. 2
March 5, 2024
To All Plan Holders:

Notice is hereby given that the following changes to the bid documents have been made for the above referenced project:

Part A – CONTRACT DOCUMENTS

1. Update to the “ Notice Inviting Bids” ( changes in red) a. Notice is hereby given that the Bid Opening Date for 2024 SUSTAINABLE STREETSCAPES PAVING PROJECT, Project No. EPW-23008 is hereby revised to be Tuesday, March 26, 2024 at 2:00 p.m.
b. Add street segment to scope:

Hollis Street ( 40th Street to Powell Street)
c. The work, to be completed within Sixty ( 60) working days Eighty-five 85) working days, is more fully described in the Contract Documents, as defined in the Contract provided in Section 8, Part A, Bid Documents.

The engineer’ s estimate for this project is $3,800,000 $ 6,000,000.

Liquidated Damages in the Amount of $1,500 $ 2,500 per calendar day will be assessed for failure to complete the contract work within the number of workdays specified.
d. The revised deadline for submissions of initial questions and clarifications concerning the Contract Documents is hereby revised to be March 14, 2024, at 5:00pm.

2. Bid Sheet ( A-6, A-7, and A-8)
a. The new Bid Sheet is an attachment to this addendum and should replace the original Bid Sheet ( A-6, A-7, and A-8).
b. The following changes are made to the Bid Sheet. Some bid item quantities have been changed ( red) and new bid items ( bold and highlighted) have been added.

Item No. Description Quantity Unit
1 Supplemental Work $ 300,000 $500,000 1 EA
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5 Install Crack Fill / Crack Repair, ( S) 10,474 29,337 LF 6 Type III Micro-Surfacing Treatment - SS-1 Tack
Coat Over AC Pavement And Install Type III
Micro-Surfacing With Asphalt Rubber Cape
Seal, (S) Type III Micro-Surface, (S)
84,026 97,069 SF
7 Leveling Course - SS-1 Tack Coat And 3/8" HMA
Leveling Course To Fill Depressions. Apply
Type III Micro-Surfacing With Asphalt Rubber
Cape Seal Over Leveled Course. Type III MicroSurfacing Leveling Course, (S) 475 15,285 TON SF
8 Type II Slurry Seal, (S) 312,776 306,533 SF
9 Type I Slurry Seal, (S) 91,460 198,351 SF
10 Remove and Replace Type A Dig Out Locations 17,739 29,272 SF 11 Remove and Replace Type B Dig Out Locations 7,947 7,500 SF 12 Remove and Replace Type C Dig Out Locations 16,708 8,457 SF 14 Adjust Manhole Cover to Grade 20 46 EA
15 Adjust Valves and Covers to Grade 20 43 EA
16 PCC Valley Gutter and PCC 180 164 LF
17 PCC ADA Curb Ramp 10 210 EA CY
21 K72 Marker Post, (S) 60 70 EA
24 6" Solid Double Yellow Thermoplastic ( Detail
22), (S)
5,250 10,165 LF
25 6" Solid White Thermoplastic ( Detail 27B), (S) 2,450 2,330 LF 26 6" Solid Double Yellow Thermoplastic ( Detail
29), (S)
200 280 LF
27 8" Solid White Thermoplastic Stripe (Detail 38),
S) 200 1,506 LF
28 6" Solid White Thermoplastic Stripe (Detail 39),
S)
5,915 7,049 LF
31 12" Solid White Thermoplastic Stripe, ( S) 520 1,400 LF 32 24" Solid White/Yellow Thermoplastic Stripe, ( S) 2,080 2,562 LF 33 Thermoplastic Pavement Markings - SOLID

WHITE/YELLOW (AUTO LANES), (S)
1,930 2,000 LF
36 Preformed Thermoplastic - Bike Stencils -
SOLID WHITE, (S) 650 470 SF
37 Preformed Thermoplastic - Bike Stencil - SOLID

WHITE ON GREEN, ( S)
216 540 SF
38 Preformed Thermoplastic - Bike Lane Field -

SOLID GREEN, (S)
600 1,140 SF
39 Preformed Thermoplastic - Bike Lane Field -
DASHED GREEN, (S) 300 800 SF
42 Paint Curb ( 2-coats) - ( Red, Blue, Gray, Yellow,
White), (S)
1,765 2,270 LF
44 Furnish Single-Sheet Aluminum Sign Panel

0.063" Unframed), (S)
600 1,100 SF
45 Install Sign Panel (SSBM), (S) 5 15 EA
46 Install Sign Panel (Existing Post), (S) 30 50 EA
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Part B – GENERAL PROVISIONS

3. Part B – Section 8-1.10 “ LIQUIDATED DAMAGES” change text as follows changes in red):
a. Liquidated Damages in the Amount of $1,500 $ 2,500 per calendar day will be assessed for failure to complete the contract work within the number of workdays specified.

Part C – SPECIAL PROVISIONS

1. Part C – Section 1-5.0 “MAINTAINING TRAFFIC” add new street segment as follows:

8. Hollis Street

2. Part C – Section 9-1.0 “ WORK TO BE PERFORMED” add new street segment as follows:

Hollis Street ( 40th Street to Powell Street)

3. Part C – Section 10-2.2 “BID ITEM 2 – MOBILIZATION ( 5%)” change text as follows ( changes in red):
a. Mobilization shall conform to the provisions in Section 11, “ Mobilization,” of the Standard Specifications. Mobilization shall be 5% of the bid proposal values for Bid Items 5 – 56 64 only.
47 Install Sign Panel ( New Post), (S) 30 50 EA
48 Remove Existing Post, (S) 5 15 EA
49 Remove Sign Panel, ( S) 20 30 EA
50 Relocate Sign to New Pole, (S) 5 10 EA
57 Cold Plane Asphalt Concrete Pavement ( 3”
Minimum Depth) 17,682 SY
58 Hot Mix Asphalt (1/2” Asphalt Concrete) 2,890 TON
59 Adjust Utility Vault to Grade 7 EA
60 Minor Concrete (Sidewalk and Driveways) 100 CY
61 Minor Concrete (Curb and Gutter) 60 CY
62 6” Dashed White Thermoplastic (Detail 8), (S) 1,082 LF 63 6” Dashed White Thermoplastic (Detail 37B),
S)
136 LF
64 6” Dashed Yellow Thermoplastic ( Detail 41),
S) 126 LF
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4. Part C – Section 10-3.1 “ Items of Work for Street Rehabilitation and Preventive Maintenance” change text as follows ( changes in red):
a. The following items of work fall into the category of Street Rehabilitation and Preventive Maintenance:

Bid Items 5 – 20 and 57 – 61

5. Part C – Section 10-5 “ Bid Item 5 - Install Crack Fill/ Crack Repair” changes to the following section:
a. 10-3.5.2 Payment ( changes in red)
Payment for all required “ Install Crack Fill/ Repair” shall be at the Contract unit price per linear foot of application of Crack Fill used and shall include full compensation for all labor, materials, tools, equipment and incidentals required for crack treatment. Any location that requires Crack Repair shall be at the Contract unit price per ton used and included in the quantities for Bid Item 58.

6. Part C – Section 10-6 “Bid Item 6 – Type III Micro-Surface” changes to the following section:
a. 10-3.6.1 Payment ( changes in red)
b. The contract unit price paid per square feet for TYPE III MICRO SURFACING shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in the application of micro surfacing as specified in the project plans, project specifications, these Special Provisions, and as directed by the Engineer. This shall include furnishing all labor, material, tools, equipment and incidentals required to perform all work specified herein including, but not limited to; cleaning and drying all pavement areas, protection of manhole covers and miscellaneous covers and lids, application of tack coat, tree protection, Asphalt Rubber Chip Seal application, final cleanup and any other items required for the complete provision of the work as specified in these Special Provisions, as shown on the Plans, and as directed by the Engineer and no additional compensation shall be allowed therefor. When Type I or Type II slurry is called out to be installed on top of the Type III microsurfacing, the quantities for the slurry will be paid out in their respective bid items ( Bid Item 8 or 9).

7. Part C – Section 10-3.7 “Type 3 Micro- Surfacing as Leveling Course” add new paragraph after the 1st paragraph as follows:

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a. When project plans require a leveling course, Micro Surfacing material shall be used to fill ruts, utility cuts, depressions in the existing surface, etc. Ruts/ depressions of 0.5” or greater in depth, shall be filled independently with a rut-filling box, either 5 ft or 6 ft in width. Ruts that are in excess of 1.5” in depth may require multiple applications with the rut-filling box to restore the cross- section. When rutting or deformation is less than 0.5”, a full width scratch course may be applied with the spreader box using a metal or stiff rubber strike-off. Apply at a sufficient rate to level the pavement surface.

8. Part C – Section 10-3.10 change text as follows ( changes in red):
a. 10-3.10 Bid Item 9, 10, and 11 10, 11, and 12 – Remove and Replace Pavement Section - Dig Out Locations
Remove and Replace Pavement Section - Dig Out Locations” shall conform to the provisions in Section 15, “ Existing Highway Facilities”, Section 19, Earthwork” of the Standard Specifications and as detailed on the plans and these Special Provisions.

Bid Item 9 10: Type A – 4” min depth
Bid Item 10 11: Type B – 6” min depth
Bid Item 11 12: Type C – 12” min depth

9. Part C – Section 10-3.10.4 change text as follows ( changes in red):
a. Payment for all required “ Remove and Replace Pavement Section - Dig Out Locations” shall be at the contract unit price per square foot of Pavement Section removed and replaced in the locations located in the field, and as approved by the Engineer and shall include full compensation for furnishing all labor, materials, tools, equipment, sawcutting, subgrade compaction, tack coat placement, conform grinding, and asphalt concrete placement, hauling, disposal, permits, fees and incidentals for performing the work as described herein. Square footage measured does not include conform grind areas surrounding the digout.

10. Part C – Section 10-3.16 “ Items of Work for Portland Cement Concrete Facilities” change text as follows ( changes in red):
a. The following items of work fall into the category of Street Rehabilitation and Preventive Maintenance:

Bid Items 16 – 19 and 60 – 61

11. Part C – Section 10-3.16.1 “Portland Cement Concrete” change 4th paragraph as follows ( changes in red):

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a. Curb ramp slopes are to be installed in accordance with Caltrans Standard Plan A88A, C.C.R. Title 24, and these Special Provisions. All ramps are to be assumed to be Type A. Curb Ramp thickness shall be 3.5” minimum. Adjustment of grades and ramp dimensions in order to comply with these requirements shall be performed prior to the placing of concrete. Where curb and gutter (including curb ramp areas) is to be removed and replaced, the Contractor shall also remove a minimum of 12" width of existing pavement to facilitate the setting of forms and compaction of backfill. Additional width of pavement replacement may be necessary in order to comply with ADA maximum 5% cross fall. Paving replacement shall be 6" minimum ( or match existing, whichever is greater) full depth AC. While the construction plans only show one ADA curb ramp to be replaced, Additional ADA curb ramps ( to use all quantities) will be marked in the field by the Engineer and during site walk-throughs with Contractor to confirm locations as needed to get conforming ramps per Caltrans Standard Plan A88A, C.C.R. Title 24, and these Special Provisions.

12. Part C – Section 10-3.16.3 “ Payment for Bid Item 17 – PCC ADA Curb Ramp” change 1st and 2nd paragraphs as follows ( changes in red):
a. Full compensation for furnishing all labor, materials, tools, equipment, truncated dome, permits, incidentals, and for doing all the work involved in constructing PCC Curb Ramp, shall be included in the contract unit price paid for each PCC Curb Ramp per cubic yard used, as shown on the plans, as specified in the Standard Plans and Specifications, and these Special Provisions, and as directed by the Engineer. Payment includes hauling and disposal of the removed material.

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b. Payment for PCC Curb Ramp construction shall include payment for the removal and replacement of curb, gutter, sidewalk ( to the nearest joint) in the existing ramp area inclusive of nearest joint at top of wings on each side), existing ramps, immediately adjacent sidewalk match ups ( one standard flag from landing), ramp construction, landings ( to comply with ADA), pavement removal and replacement ( to comply with the maximum 5% cross fall) to facilitate forms and any landscaping and irrigation repair, adjustment or replacement as necessary. Pavement removal and replacement to comply with 5% cross fall in the roadway will be paid in Bid Items 10, 11, or 12. Payment also includes construction of retaining curb, as necessary, to protect any existing improvements at the direction of the Engineer for any type of ramp regardless if retaining curb is shown or not shown on the standard drawing. Payment for PCC Curb Ramp construction shall also include adjusting of pull boxes and water meter boxes when they are located with any portion of the wheelchair ramp.

Payment shall also include cost to furnish and install truncated domes wet set method). Payment shall also include mobilization to curb ramp locations within ½ mile of project areas ( in order to use all quantities).

The Contractor shall pour all new concrete within five (5) calendar days upon commencement of any removals for the above- described work.

13. Part C – Section 10-3.16, add the following sections:
a. Section 10-3.16.6 Bid Item 60 - Minor Concrete ( Sidewalk, Bulbouts, and Driveways)
Full compensation for furnishing all labor, materials, tools, equipment, permits, incidentals, and for doing all the work involved in constructing Minor Concrete ( Sidewalk, Bulbouts, and Driveways)”, shall be included in the contract unit price per cubic yard used, as shown on the plans, as specified in the Standard Plans and Specifications, and these Special Provisions, and as directed by the Engineer. Payment includes hauling and disposal of the removed material.

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b. Section 10-3.16.7 Bid Item 61 - Minor Concrete ( Curb and Gutter) Full compensation for furnishing all labor, materials, tools, equipment, permits, incidentals, and for doing all the work involved in constructing Minor Concrete ( Curb and Gutter)”, shall be included in the contract unit price per cubic yard used, as shown on the plans, as specified in the Standard Plans and Specifications, and these Special Provisions, and as directed by the Engineer. Payment includes pavement removal and replacement to facilitate forms, hauling, and disposal of the removed material.

14. Part C – Section 10-4.24, add to the following section ( changes in red):
a. Section 10-4.24 Items of Work for Thermoplastic Pavement Delineation and Markings
The following items of work fall into the category of Thermoplastic Pavement Delineation and Markings:

Bid Items 24 -32 and 62 - 64

15. Part C – Section 10-5.57, add the following section:
a. Section 10-5.57 Bid Item 57 - Cold Plane Asphalt Concrete Pavement ( 3” Minimum Depth)
The cold plane shall be 3” minimum depth as noted on the plans. All 3” cold plane areas shall be paved within 5 working days after commencement of milling. Where the cold plane exceeds 2”, the asphalt shall be replaced within 24 hours after the commencement of the milling.

Where any cold plane exceeds 2”, the asphalt shall be replaced utilizing a minimum of 2 lifts (1.5” minimum per lift) with the following criteria: the base course lift(s) shall be completed the same day as the completion of the cold plane; and upon completion of the base course replacement pavement, the base course surface may only be 0.10’ minimum to 0.125’ maximum below the original asphalt surface elevations, unless otherwise indicated on the plans and the finish coarse shall be replaced within 5 working days after initial commencement of milling.

All ‘ removal and replacement’ work shall be performed after cold plane.

After performing the cold plane, the contractor shall ramp all vertical edges with a minimum of 12 inch width or at 8:1 whichever is greater prior to opening ground areas to traffic.

NOTE: Correction for
conform
specifications. Bid
items 57-69 have
been add to Part C,
Section 10-3.57 to

10.3.59 for
consistency with
other bid items.

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The final cut shall result in a uniform surface and the road surfacing to remain in place shall not be damaged in any way. Planed widths of pavement shall be continuous except for intersections at cross streets where the planing shall be carried around the corners and through the conform lines.

The existing pavement section generally consists of asphalt concrete but may also contain a combination of asphalt concrete and Portland cement concrete and may contain pavement reinforcing fabric.

The removed material shall become the property of the Contractor and shall be disposed of off the site at a legal disposal facility. Upon completion of the grinding operation all loose material must be swept and disposed of on a regular basis.

The Contractor will provide traffic control so that the Engineer is able to field locate digout repair locations within 5 working days of the completion of the grinding operations.

The Contractor shall give the City seven business days written notice prior to the start of grinding operations so that the contractor’ s and City’s field personnel can layout the grinding limits.
b. 10-3.57.1 Measurement
Cold Plane Asphalt Concrete Pavement ( 3” Minimum Depth) shall be measured by the square yard for the milling depth noted on the Plans. The quantity to be paid for will be the actual area of surface irrespective of the number of passes required.
c. 10-3.57.2 Payment for Bid Item 57
Payment for “Cold Plane Asphalt Concrete Pavement ( 3" Minimum Depth)” shall be made on a square yard basis for the milling depth indicated on the bid proposal, and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and doing all the work involved in cold planing, off-hauling, and properly disposing of ground pavement material at a licensed, and pre-approved disposal or re-cycling facility including payment of all required fees, as specified in these Special Provisions and as directed by the Engineer.

16. Part C – Section 10-5.58, add the following section:
a. Section 10-5.58 Bid Item 58 - Hot Mix Asphalt ( 1/2” Asphalt Concrete) This item shall include all work to install 1/2" Type B, PG 64-10 emulsion asphalt concrete conforming to the requirements of Section 92 “ Asphalts” of the Standard Specifications for the 3" minimum thickness overlay at all DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 Addendum No. 2 Page 10 of 13
paving locations in order to reconstruct the roadway surface back to its original grade.

Paving edges and seams shall occur along lane lines only and not within the lane itself.

Asphalt Concrete shall be Type B and shall conform to the provisions of Section 39 “Asphalt Concrete“ of the Standard Specifications. At each digout removal location and within the same workshift that material removal has occurred, new Type B, PG 64-10 emulsion, 1/2” maximum asphalt concrete conforming to the requirements of Section 92 “ Asphalts” of the Standard Specifications shall be placed to a grade level with the surface that was ground.

Where any cold plane exceeds 2”, the asphalt shall be replaced within 24 hours after the commencement of the milling. Where the cold plane exceeds 2”, the asphalt shall be replaced utilizing a minimum of 2 lifts (1.5” minimum per lift) with the following criteria: the base course lift(s) shall be completed the same day as the completion of the cold plane; and upon completion of the base course replacement pavement, the base course surface may only be 0.10’ minimum to 0.125’ maximum below the original asphalt surface elevations, and the finish coarse shall be replaced within 5 working days after initial commencement of milling. The Contractor shall be subject to liquidated damages as described in Part B of these Special Provisions if they fail to replace the asphalt as described above within the given timeframe.

A paving machine that picks up the asphalt concrete material from a windrow then spreads the material to a specified thickness may be used.

However, the Engineer may require the Contractor to use a paving machine which accepts the asphalt concrete material directly from the delivery truck, at no additional cost to the City, if the temperature of the asphalt concrete in the windrow cannot be maintained above the lower temperature limit specified in the Standard Specifications, or if the windrow blocks access to any driveway or side street for more than fifteen minutes prior to the paving machine spreading the asphalt concrete material.

Where new pavement joins an existing pavement, the surface will be inspected for smoothness of the seam between the two surfaces. When a DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 Addendum No. 2 Page 11 of 13
six feet long straightedge is laid across the seam between " new" and " old" pavement, the surface shall not vary more than 0.03 feet from the lower edge. At join lines along new concrete gutters or where the existing asphalt pavement has been removed, the finished surface shall not vary more than

0.00' to 0.05' higher than the concrete surface that is being joined. On existing or proposed bike routes the finished surface shall not exceed 0.02' above the gutter lip.

The contractor shall note that many of the projects side streets off of Hollist Street are on “ bicycle boulevards.” The riding surface will be tested for uniformity and smoothness. It is highlighted for the Contractor to maintain the uniformity and smoothness beyond just the driving surface to the edge of pavement areas as bicycles will use the entire paved surface. A “ washer board” surface will result in rejection of the work.
b. 10-3.58.1 Payment for Bid Item 58
Payment shall be at the contract unit price per ton of 1/2” Asphalt Concrete furnished and placed and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, including asphalt concrete, tack coat and paint binder placement.

17. Part C – Section 10-5.59, add the following section:
a. Section 10-5.59 Bid Item 59 – Adjust Utility Vault to Grade This item includes, but is not limited to, the adjustment of utility vaults in areas where cold planning and new dense- graded asphalt concrete ( DGAC) is being constructed. Additionally, this item includes coordination with respective Utility if they deem vault in need of replacement ( full replacement would be at Utility’s cost).

Frames and covers of vaults shall be adjusted to grade in accordance with the provisions in Section 15-2.05, " Reconstruction," of the Standard Specifications and these Special Provisions.

The Contractor shall adjust vault frames and covers to range from flush to 1/4" above the finished grade of the adjacent pavement. Utility may require Contractor to protect- in-place instead of adjustment, and Contractor will need to adjust surrounding asphalt to sit flush with lips of vault. Exposed covers, lids and boxes shall be made safe for vehicular, bicycle and pedestrian traffic passage.
b. 10-3.59.1 Payment for Bid Item 59
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in adjusting vaults, frames and covers to grade, shall be included in the contract unit price paid for DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 Addendum No. 2 Page 12 of 13
each adjustment location, as specified in the Standard Specifications, and these Special Provisions, and as directed by the Engineer. Payment will still be made if Utility deems the vault to be protected in place, and the payment shall be made in the contract unit price paid for each location which involves doing all the work involved ( utility coordination and any additional asphalt forming around the frame).

EPW-23008 - Construction Plans

1. Plan set has been updated. New plans dated 3/5/24 labeled “ EPW- 23008 Construction Plans ( Addendum No. 2)” are attached to this addendum and are now 55 pages.
a. Replace “ EPW- 23008 Construction Plans” with new plan set.

The following sheets have been revised:

1. Title ( D-01)
a. Sheet List Table updated to reflect new sheets from Addendum No. 2

2. Construction Details 1 (D-03)
a. Detail 1 replaced in its entirety. Secondary view of detail 1 created to show scoring and drainage/ utility slot view
b. Detail 3 modified to show Type 3 Micro- surfacing as leveling course c. Detail 5 modified

3. Layout Sheets ( L-02 to L-26)
a. Legend on all sheets updated to remove reference to Sheet “ C40”, should be referencing Sheet D-03
b. Legend updated to show “ Digouts - Type A” where Type C was called out prior.
c. Corrections to quantities and plans as shown with red cloud revisions.

4. Layout Sheets for Shellmound Street ( L-27 to L-30)
a. Replace ( 4) placeholder blank sheets with ( 1) Key Map and ( 3) Layout Sheets
The following sheets have been added:

1. Layout Sheets for Hollis Street ( L-31 to L-38)
a. Added after Sheet L-30 (page 35 of pdf). ( 1) Key Map and ( 7) Layout Sheets for Hollis Street paving limits from 40th Street to Powell Street DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 Addendum No. 2 Page 13 of 13

QUESTIONS AND ANSWERS
Questions that were turned in by the February 20th deadline have been summarized and answered. Q&A is attached to this addendum.

Signature of this Addendum Sheet and inclusion of it with the Proposal is required at the time of bid opening.

Date: March 5, 2024 by:___________________________
Ryan O’Connell, PE
Senior Civil Engineer
Company Name: ___________________ Authorized Signature:_________________ Authorized Name: ___________________ Date: ______________________ DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB Contractor:

Date:

Per Addendum No. 2 (3/4/2024)
Plan Nos.: EPW- 23008
No. CONTRACT BID ITEMS Quantity Unit Unit Price Total
Note: All items subject to any special notes or footnotes appearing on this Engineer' s estimate included with the bid documents. ….. …..

N/A N/A
Note: The Contract lump sum or unit price for each Contract Bid Item shall include full compensation for all labor, materials, tools, taxes, profit, overhead, incidentals and appurtenant work necessary for performing and completing the work of the Contract Bid Item as required by the Project Plans, Specifications, Special Provisions and other Contract Documents. Such compensation shall also include or take into consideration any additional provisions or conditions specifically stated immediately following the Contract Bid Item.

N/A N/A
Note: In the absence of a specific bid item or specific payment provisions for any portion of the work required by the Contract Documents, the bidder shall include the bidder’ s compensation for that portion of the Contract work in the Contract unit price(s) and/or lump sum price(s) of the bid item(s) that require such work, or are closely related to such work. Therefore, no separate or additional payment will be made to the Contractor for any such work on the premise that such work lacks specific bid item(s) or specific payment provisions.

N/A N/A
Note: "(P)" adjacent to a Contract bid item designates a "Partial Pay Item"…..….. N/A N/A Note: "( F)" adjacent to a Contract bid item designates a Final Pay Quantity …..….. N/A N/A Note: "( S)" adjacent to a Contract bid item designates a "Specialty Item"….. ….. N/A N/A Incidental Items
1 Supplemental Work 1 EA $ 500,000.00 $ 500,000.00
2 Mobilization (5%) 1 LS
3 Traffic Control 1 LS
4 Water Pollution Control 1 LS
Street Rehabilitation and Preventive Maintenance
5 Install Crack Fill / Crack Repair, (S) 29,337 LF
6 Type III Micro- Surfacing Treatment, ( S) 97,069 SF
7 Type III Micro-Surfacing Leveling Course, (S) 15,285 SF 8 Type II Slurry Seal, ( S) 315,179 SF
9 Type I Slurry Seal, (S) 198,351 SF
10 Remove and Replace Type A Dig Out Locations 29,272 SF 11 Remove and Replace Type B Dig Out Locations 7,500 SF 12 Remove and Replace Type C Dig Out Locations 8,457 SF 13 6" AC Curb (Caltrans Standard Dikes) 137 LF
14 Adjust Manhole Cover to Grade 46 EA
15 Adjust Valves and Covers to Grade 43 EA
16 PCC Valley Gutter and PCC 164 SF
17 PCC ADA Curb Ramp 210 CY
18 6” Median Curb and PCC 5,000 SF
19 Speed Table Bike Crossing and PCC 1 EA
20 Storm Drain Inlet 1 EA
Amount rounded to Nearest: $. 01

BID SHEET
Project No. EPW-23008
2024 SUSTAINABLE STREETSCAPES PAVING PROJECT

EMERYVILLE, CALIFORNIA
Sub- Total: Incidental Items
Sub-Total: Street Rehabilitation and Preventive Maintenance EPW- 23008 A-6 3/4/2024
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB Contractor:

Date:

Per Addendum No. 2 (3/4/2024)
Plan Nos.: EPW- 23008
No. CONTRACT BID ITEMS Quantity Unit Unit Price Total
Amount rounded to Nearest: $. 01

BID SHEET
Project No. EPW-23008
2024 SUSTAINABLE STREETSCAPES PAVING PROJECT

EMERYVILLE, CALIFORNIA
Traffic Improvements
21 K72 Marker Post, ( S) 70 EA
22 Flexible Mount Delineator, (S) 30 EA
23 Slotted Speed Cushion, ( S) 5 EA
24 6" Solid Double Yellow Thermoplastic (Detail 22), (S) 10,165 LF 25 6" Solid White Thermoplastic ( Detail 27B), ( S) 2,330 LF 26 6" Solid Double Yellow Thermoplastic (Detail 29), (S) 280 LF 27 8" Solid White Thermoplastic Stripe ( Detail 38), ( S) 1,506 LF 28 6" Solid White Thermoplastic Stripe (Detail 39), (S) 7,049 LF 29 4" Solid Yellow Thermoplastic Stripe - BUFFER, ( S) 110 LF 30 4" Solid White Thermoplastic Stripe - BUFFER, (S) 200 LF 31 12" Solid White Thermoplastic Stripe, ( S) 1,400 LF
32 24" Solid White/Yellow Thermoplastic Stripe, (S) 2,562 LF 33 Thermoplastic Pavement Markings - SOLID WHITE/ YELLOW ( AUTO LANES), ( S) 2,000 SF 34 Thermoplastic Pavement Markings - SOLID BLUE (HANDICAP PARKING), (S) 1,550 SF 35 Thermoplastic Pavement Markings - SOLID WHITE ( YIELD MARKINGS), ( S) 100 SF 36 Preformed Thermoplastic - Bike Stencils - SOLID WHITE, (S) 470 SF 37 Preformed Thermoplastic - Bike Stencil - SOLID WHITE ON GREEN, ( S) 540 SF 38 Preformed Thermoplastic - Bike Lane Field - SOLID GREEN, (S) 1,140 SF 39 Preformed Thermoplastic - Bike Lane Field - DASHED GREEN, ( S) 800 SF 40 PAINT - 4" Solid White Parking Stripes, (S) 11,685 LF 41 PAINT - Parking Tips, ( S) 100 EA
42 Paint Curb (2-coats) - (Red, Blue, Gray, Yellow, White), (S) 2,270 LF 43 Remove Existing Striping, Markings, and Markers, ( S) 1 LS 44 Furnish Single-Sheet Aluminum Sign Panel (0.063" Unframed), (S) 1,100 SF 45 Install Sign Panel ( SSBM), ( S) 15 EA
46 Install Sign Panel (Existing Post), (S) 50 EA
47 Install Sign Panel ( New Post), ( S) 50 EA
48 Remove Existing Post, (S) 15 EA
49 Remove Sign Panel, ( S) 30 EA
50 Relocate Sign to New Pole, (S) 10 EA
Sub-Total: Traffic Improvements
EPW- 23008 A-7 2/5/2024
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB Contractor:

Date:

Per Addendum No. 2 (3/4/2024)
Plan Nos.: EPW- 23008
No. CONTRACT BID ITEMS Quantity Unit Unit Price Total
Amount rounded to Nearest: $. 01

BID SHEET
Project No. EPW-23008
2024 SUSTAINABLE STREETSCAPES PAVING PROJECT

EMERYVILLE, CALIFORNIA
Other Bid Items
51 Solar Light at Transit Stop ( Standard) 16 EA
52 Solar Light at Transit Stop (w/ Push Button) 22 EA
53 Bicycle Racks - Type A (STAPLE RACK) 100 EA
54 Install of Bicycle Rack - Type A (STAPLE RACK) 100 EA 55 Bicycle Racks - Type B ( RAIL- MOUNTED STAPLE RACK) 20 EA 56 Install Bicycle Rack - Type B (RAIL-MOUNTED STAPLE RACKS) 20 EA Addendum No. 2 - New Bid Items
57 Cold Plane Asphalt Concrete Pavement (3” Minimum Depth) 17,682 SY 58 Hot Mix Asphalt ( 1/2” Asphalt Concrete) 2,890 TON
59 Adjust Utility Vault to Grade 7 EA
60 Minor Concrete ( Sidewalk, Bulbouts, and Driveways) 100 CY 61 Minor Concrete (Curb and Gutter) 60 CY
62 8" Dashed White Thermoplastic Stripe ( Detail 8), ( S) 1,082 LF 63 6" Dashed White Thermoplastic Stripe (Detail 37B), (S) 126 LF 64 6" Dashed Yellow Thermoplastic Stripe ( Detail 41), ( S) 136 LF Bidder
Authorized Signature / Title

TOTAL FOR ALL BID ITEMS
Sub-Total: Addendum No.2 - New Bid Items
Sub- Total: Traffic Improvements
EPW- 23008 A-8 2/5/2024
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB Question
Question Answer
1 Please advise on Section 1, Bidder’s Checklist,
No. 6 (Waste Management Plan), pgA-1.

The trash that we generate at out project
locations would be considered general waste.

There is no recycling of the material. Please
advise if No.6 would not apply to this project?
This will be required on the project and
will be a submittal if awarded the
contract.
2 Bid Item 7 pays by the ton however there are
multiple products involved with that bid item.

Special Provisions page C-34/35 call for
Microsurfacing to be paid for by the SF. Can
you please clarify or add an item for this work.

Title for Bid Item 7 has been revised to
Type 3 Micro-Surfacing Leveling
Course." This bid item will be paid out
per SF. The locations for this bid item
are in the Marina Parking Lot areas.

Type I/Type II Slurry Seals or Type III
Microsurface Treament will be applied
on top of the leveling course, but will be
measured and paid in their respective
bid items.
3 Within the plans, the construction legend
references Sheet C40 multiple times. Can you
please provide or clarify.

See "EPW- 23008 Construction Plans
Addendum No 2)". Construction
Legends have been updated to refer to
Sheet "D-03"
4 Can you breakout the LF of Crack Repair vs
Crack Fill (bid item 5)?
Payment method updated to separate
out the two methods. Crack Fill will be
paid by LF in Bid Item 5. Crack Repair
will be paid by TON as part of Bid Item

58. See Addendum No. 2 changes to
Section 10-3.5
City of Emeryville
I N C O R P O R A T E D 1 8 9 6
1333 Park Avenue. Emeryville, CA 94608- 3517
t (510) 596-4300 | f (510) 596- 4389
Questions and Answers
2024 SUSTAINABLE STREETSCAPES PAVING PROJECT
PROJECT NO. EPW-23008
March 4, 2024

Page 1 of 3 ends

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB 5 Detail 7 on sheet D-03 doesn’t call out what
type of surface treatment to be placed over
digout. For example on sheet L-24 what
surface treatment to be placed over the
Digout.

Digout Detail shows Surface Treatment
Detail 5 which should correspond to the
surrounding area's surface treatment.

Digouts should be completed prior to
final surface treatments. If digout is in
Type I/II slurry area, it should get Type
I/II slurry on top. If digout is in Type III
microsurfcacing area, it should get Type
III microsurfacing on top. If digout is in
mill/fill area, refer to Section 10-3.10.

See Addendum No. 2 changes to
Section 10-3.10
6 What will be the phasing requirements for
closing lots down at the marina?
Phasing is to be determined at future
pre-construction meetings, but parking
lot access/use will be required through
weekend periods.
7 What will be the phasing requirements for
closing fire station parking?
The Fire station has available parking in
front of building on street and access to
garage from street. No special phasing
requirements are anticpiated.
8 What will be the phasing requirements for
closing town hall parking?
The City Hall parking lot has available
parking in front of building on street. No
special phasing requirements are
anticpiated.
9 Bid item 6 and 7 call for Type 2 slurry over the
AR Chip Seal. However, plans call for Type 1
ex. construction legend L-16)
See Answer # 2.

Bid Item 7 should be leveling course
only, but will have a final surface
treatment ( Bid Item 6) placed on top.
10 Page B-16 says that the contractor to do
minimum 40% with its own forces. Is that
excluding items specified as specialty items?
Correct, specialty items are excluded in
the calculation unless the Prime
Contractor is completing with their own
work forces.
11 Detail 7/D-03 Pavement Digout shows a
conform grind and refers to detail 2 which says
4' minimum. Will all perimeters of digouts
have this conform grind? Also wanted to
confirm that the conform grind area is paid as
square footage for the digout.

Yes, all digouts will have this conform
grind. The conform grind square
footage is not included in the square
footage of the digout, but is included in
the work required for the digout.
12 For the speed cushion I wanted to verify that
they are per each 6'x7' section, not per each
location which would include 2+ sections.

Correct, these are per each 6'x7'
cushion.

Page 2 of 3 ends

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB 13 The curb ramp locations are unknown so can
you specify a maximum size or change the bid
item to square feet instead of per each? Also,
the specifications say that we are to include
asphalt replacement to meet the 5% slope in
the street at the curb ramps. Without knowing
where these are at it is impossible to quantify.

In worst case scenario that could include
replacing asphalt to beyond the crown of the
road. Can you make this a separate unit price
item?
See Addendum No. 2.

Bid Item 17 is modified. Pavement
removal and replacement to comply with
5% cross fall will be paid in Bid Items
10, 11, or 12. Pavement removal and
replacement to facilitate forms is
included in the respective bid items
requiring the work.

Bid Items 60 and 61 were added for
additional sidewalk areas and
curb/gutter areas beyond the existing
ramp areas.
14 Asphalt plugs are included in the misc items so
is the plug measured for payment too (i.e. will
the 12" plug be added to the square footage
quantity for bid item 16 pcc valley gutter)?
See Addendum No. 2.

Pavement removal and replacement to
facilitate forms is included in the
respective bid item requiring the work.

Pavement R&R to comply with 5%
crossfalls will be paid in Bid Items 10,
11, or 12.
15 Do you have a list of locations where the bike
racks will be installed?
Bike Racks will be marked in the field by
the Engineer and during site walkthroughs with Contractor. See Part C - Section 6.53.1, "Locations will be on
same streets included in Project areas
or within ½ mile of Project Areas."
16 When do you anticipate starting construction
on this project?
May 2024. We anticipate starting
construction soon after Contract
execution which is expected by end of
April 2024.
17 This RFI is in regard to Bid Item #7. Can you
please clarify what the City is wanting with this
bid item? Is it solely an HMA Leveling Course
or is it a Type 3 Micro Leveling Course as
shown in the below “Measurement and
Payment” description? Does this item also
include the Asphalt Rubber Cape Seal or is the
Asphalt Rubber Cape Seal only in Item 6?
See Answer # 2.

Bid Item 7 was intended to be Type 3
Micro-surfacing leveling course paid per
SF. The Asphalt Rubber Chip Seal is
included in Bid Item 6.

Page 3 of 3 ends

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 Addendum No. 3 Page 1 of 1
2024

SUSTAINABLE STREETSCAPES PAVING PROJECT
PROJECT NO. EPW- 23008)
ADDENDUM NO. 3
March 13, 2024
To All Plan Holders:

Notice is hereby given that the following changes to the bid documents have been made for the above referenced project:

Part A – CONTRACT DOCUMENTS

1. Update to the “ Notice Inviting Bids” ( changes in red) a. Notice is hereby given that the Bid Opening Date for 2024 SUSTAINABLE STREETSCAPES PAVING PROJECT, Project No. EPW-23008 is hereby revised to be Thursday, March 28, 2024 at 2:00 p.m.
b. Replace 10th Paragraph with:

Plans, Specifications, Bid Documents, Supplemental Specifications and any Addendum may be obtained free of charge from the City of Emeryville website at http:// emeryville. org/ 904/ RFPs- Bids or at www. ciplist. com OBTAINING CONTRACT DOCUMENTS: Copies of the Plans,
Specifications, Bid Documents, Supplemental Specifications and any Addendum may be obtained by logging on to
http://www.emeryvilleplanroom.com or by calling BPX Printing at 510-559-8299. These items may be obtained at a set price of 100.00, plus shipping, and is non- refundable.
c. The revised deadline for submissions of questions and clarifications concerning the Contract Documents is hereby revised to be March 20, 2024, at 5:00pm.

Signature of this Addendum Sheet and inclusion of it with the Proposal is required at the time of bid opening.

Date: March 13, 2024 by:___________________________
Ryan O’Connell, PE
Senior Civil Engineer
Company Name: ___________________ Authorized Signature:_________________ Authorized Name: ___________________ Date: ______________________ DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 - PART A (CONTRACT DOCUMENTS)

SPECIFICATIONS
For
2024 Sustainable
Streetscapes Paving Project
Project No. EPW-23008
Issued for Bidding: February 5, 2024
Bids Open: February 29, 2024 at 2:00PM
Addendum No 1: March 12, 2024 at 2:00PM
Addendum No. 2: March 26, 2024 at 2:00PM
Addendum No 3: March 28, 2024 at 2:00PM
For Use with the Following:

1. The State of California Department of Transportation Standard Specifications, dated 2015

2. The State of California Department of Transportation Standard Plans, dated 2015

3. Americans with Disabilities Act Standards for Accessible Design including Title II regs at 28 CFR 35.151 and 36CFR Part 1191, Appendices B & D

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
1333 Park Avenue, Emeryville, CA 94608
Tel. (510) 596-4330
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 - PART A (CONTRACT DOCUMENTS)

TABLE OF CONTENTS

NOTICE INVITING BIDS

PART A BID DOCUMENTS

SECTION TITLE
1 BIDDER’ S CHECKLIST ............................................................................. A- 1 2 BLANK - NOT USED ................................................................................. A-3 3 PROPOSAL .............................................................................................. A-4 4 BIDDER’ S BOND .................................................................................... A- 10 5 NON- COLLUSION DECLARATION ............................................................ A-12 6 SUBCONTRACTORS LIST ....................................................................... A- 13 7 WORKERS COMPENSATION CERTIFICATE ............................................... A- 16 8 CONTRACT ........................................................................................... A-17 Sample Contract
Performance Bond
Payment Bond
Guarantee

PART B GENERAL PROVISIONS

SECTION TITLE
1 GENERAL ................................................................................................. B- 2 2 BIDDING ................................................................................................. B-5 3 CONTRACT AWARD AND EXECUTION....................................................... B-10 4 SCOPE OF WORK .................................................................................... B-12 5 CONTROL OF WORK ............................................................................... B-15 6 CONTROL OF MATERIALS ........................................................................ B-25 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC......................... B-26 8 PROSECUTION AND PROGRESS ............................................................... B-42 9 PAYMENT ............................................................................................... B-46

PART C SPECIAL PROVISIONS

SECTION TITLE
1 MISCELLANEOUS ..................................................................................... C-2 2 – 8 BLANK ................................................................................................... C- 11 9 DESCRIPTION OF WORK ......................................................................... C- 12 10 CONSTRUCTION DETAILS ....................................................................... C- 13

PART D SUPPLEMENTAL DOCUMENTS
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 - PART A (CONTRACT DOCUMENTS)

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN THAT sealed bids will be received by the City of Emeryville, Alameda County, California, ( hereinafter " City") at the Office of the Director of Public Works, 1333 Park Avenue, Emeryville, CA 94608, until 2:00 PM, Tuesday, March 28, 2024, at which time bids will be publicly opened for the following project:
2024 Sustainable Streetscapes Paving Project
Project No. EPW- 23008
This project entails street rehabilitation and preventive maintenance on various streets throughout the City of Emeryville. The specific streets included in this project are:
43rd Street ( San Pablo Avenue – Adeline Street)
45th Street ( San Pablo Avenue – Adeline Street)
47th Street ( San Pablo Avenue – Adeline Street)
48th Street ( San Pablo Avenue – City Limits)
Salem Street ( 43rd Street – 45th Street)
Essex Street ( 43rd Street – 45th Street)
Doyle Street ( 45th Street – Steve Dain Drive)
Powell Street ( Marina, Hong Kong East Ocean Seafood, and City of Emeryville Public Lots) Point Emery and West Frontage Road ( Point Emery Parking Lot) Alameda County Fire Station No. 35 ( Hollis Street and 63rd Street) 40th and Haven Street ( City Hall Parking Lot)
Shellmound Street ( 62nd Street – 65th Street)
Hollis Street ( 40th Street – Powell Street)
Transit Stop Lighting ( Citywide Locations)
Bike Racks ( Citywide Locations)
Other Bike/ Ped/ Transit Improvements per Active Transportation Plan ( Citywide Locations) This project generally includes, but is not limited to, the reconstruction and preservation of asphalt pavement; replacement of traffic striping and markings; installation of signs; reconstruction of PCC sidewalks, raised crosswalk/ driveways, concrete medians, curbs, gutters, ADA curb ramps, solar transit stop lights, and bicycle racks.

In regards to asphalt pavement preservation and maintenance, the project requires the contractor to use crack seal, crack repair, micro- surfacing, asphalt rubber cape seal, and slurry seal where indicated. In regards to asphalt pavement removal and replacement, the project requires various methods including the contractor to provide a full dig out, replace the existing asphalt, overlay on top of existing asphalt, and construction of new pavement sections where indicated.

The work, to be completed within Eighty- Five ( 85) working days, is more fully described in the Contract Documents, as defined in the Contract provided in Section 8, Part A, Bid Documents. The engineer’ s estimate for this project is $ 6,000, 000. Liquidated Damages in the Amount of $ 2,500 per calendar day will be assessed for failure to complete the contract work within the number of workdays specified.

Bidders and their proposed subcontractors shall hold such licenses as may be required by the laws of the State of California for the performance of the work specified in the Contract Documents. Bidders bidding as the prime Contractor shall possess a valid California State Contractor’ s License, Classification A – General Engineering, C12 – Earthwork and Paving, or C32 – Parking and Highway Improvement at the time of contract award and throughout the Contract term. The Contractor will also be required to ensure that all subcontractors working on the project are holding valid licenses suitable for their trade.

Bids shall be submitted on the forms included in Part A, Bid Documents, plainly endorsed with Bidder' s name together with signed acknowledgment of any and all addenda. Bidder’ s attention is directed to the Section 2, Part B, Bidding. Bid Documents shall be securely sealed in a suitable envelope marked with the name and DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 - PART A (CONTRACT DOCUMENTS)
address of the Bidder, and marked in capital letters on the front of the envelope, as follows:
2024 Sustainable Streetscapes Paving Project
Project No. EPW- 23008
Whether mailed or personally delivered, all bids shall be securely sealed in a suitable envelope and addressed to the City Engineer, City of Emeryville, Alameda County, California, 1333 Park Avenue, Emeryville, CA 94608. No late bids will be accepted and will be returned unopened.

Each bid must be accompanied by a Bid Guaranty in the form of Cash, Bidder’ s Bond, Certified Check or Cashier’ s Check in an amount equal to at least ten percent ( 10%) of the Total Bid Price. The Bid Guaranty will be retained and applied to any and all damages sustained by the City in the event that the successful Bidder fails or refuses to enter into the Contract awarded to it or furnish all required bonds and certificates of insurance.

Plans, Specifications, Bid Documents, Supplemental Specifications and any Addendum may be obtained free of charge from the City of Emeryville website at http:// emeryville. org/ 904/ RFPs- Bids or at www. ciplist. com OBTAINING CONTRACT DOCUMENTS: Copies of the Plans, Specifications, Bid Documents, Supplemental Specifications and any Addendum may be obtained by logging on to http:// www. emeryvilleplanroom. com or by calling BPX Printing at 510- 559- 8299. These items may be obtained at a set price of $100. 00, plus shipping, and is non- refundable.

The Contract awarded pursuant to this advertisement is subject to the State contract nondiscrimination and compliance requirements pursuant to California Government Code § 12990.

The City of Emeryville hereby notifies all Bidders that it will affirmatively ensure that in any Contract awarded pursuant to this advertisement, disadvantaged business enterprises ( DBEs) will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. DBEs are strongly encouraged to submit bids as both prime Contractors and subcontractors.

This is a Public Works Contract. In accordance with section 1720 et seq. of the Labor Code, the general prevailing wage rates as established by the Director of the California Department of Industrial Relations will apply. The prevailing wage rates established by the State Director of Industrial Relations can be viewed at the City’ s offices, are available on the State of California’ s website at http:// www. dir. ca. gov/ OPRL/ DPreWageDetermination. htm, or can be obtained by mail addressed to:

Prevailing Wage Unit, Division of Labor Statistics and Research, Department of Industrial Relations, P. O. Box 603, San Francisco, CA 94101.

No Contractor or subcontractor may be listed on a bid proposal or awarded a contract for a public works project unless registered with Department of Industrial Relations ( DIR) pursuant to Labor Code section 1725. 5 at the time of bid. Each Bidder and subcontractor must submit proof of contractor registration with DIR e.g. a hard copy of the relevant page of the DIR’ s database found at: https:// efiling. dir. ca. gov/ PWCR/ Search).

This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771. 4.

Pursuant to Public Contract Code Section 22300, the successful Bidder may submit certain securities in lieu of the City retaining a portion of progress payments during the Project. Pursuant to California Civil Code Section 9950, the successful Bidder at the time the contract is awarded shall furnish a payment bond if civil work exceeds twenty- five thousand dollars ($ 25, 000) in the amount of 100% of the Total Contract Price. The successful Bidder shall also provide a performance bond in the amount of 100% of the Total Contract Price.

Attention is directed to the Contract Documents for complete details and bid requirements. Said Contract Documents shall be considered as a part of any Contract awarded pursuant to this Notice Inviting Bids.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 - PART A (CONTRACT DOCUMENTS)
All bids are to be compared on the basis of the City Engineer’ s estimate of the quantities of work to be done. The City of Emeryville reserves the right to reject any or all bids, and further reserves the right to waive formal irregularities as to any bid substantially in conformity with the specifications herein referred to. The City of Emeryville reserves the right to reject any and all bids or to waive any defects or irregularity in bidding in accordance with applicable law. In accordance with California Public Contract Code Section 20103. 8, if the City elects to award a contract for performance of the project, the contract will be awarded in accordance with California Public Contract Code Section 20162 and other applicable law to the responsible bidder submitting a responsive bid with the lowest total bid price. All bids will remain valid for 90 days after the bid opening. Except as permitted by law and subject to all applicable remedies, including forfeiture of bidder’ s security, bidders may not withdraw their bid during the 90- day period after the bid opening.

The firm of Coastland | DCCM, Crossroad Lab, and MNS Engineers have provided engineering services to the City for this project. Therefore, these firms, and any of their affiliates, partners, officers, employees, parent companies or subsidiaries are prohibited from being awarded the Contract for the project, subcontracting for a portion of the work under the Contract for the project, or supplying materials for the work under the Contract for the project. Accordingly, these persons and entities are ineligible to bid on the project and no Contract shall be awarded to such persons or entities identified as the Contractor, subcontractor or supplier on a submitted bid proposal for this Project.

All questions prior to award of the Contract shall be directed to the Project Manager Ryan O’Connell roconnell@emeryville. org. The deadline for submissions of initial questions and clarifications concerning the Contract Documents is March 20, 2024, at 5: 00pm. Only signed Addenda issued by the City Engineer or Project Engineer are binding.

By order of the City Council of the City of Emeryville, Alameda County, California, January 18, 2022.

Date: 3/ 5/ 2024
Ryan O’Connell, PE
Senior Civil Engineer, City of Emeryville
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BID DOCUMENTS
FOR
2024 SUSTAINABLE STREETSCAPES PAVING PROJECT
PROJECT NO. EPW-23008
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SECTION 1
BIDDER’S CHECKLIST
All items on the Bidder’ s Checklist should be checked next to each item and must be initialed and dated at the bottom for the Proposal to be considered complete. The City of Emeryville reserves the right to award a Contract in a manner and on the basis which will best serve the City.

The Bidders’ attention is specifically called to the following forms which must be executed in full as required:

1. ( a) Bid Sheets
The Base Bid Price, Add Alternate Price and Total Bid Price must be shown in the space on the Bid Proposal form provided.
b) Bid Proposal Form
A Bid Proposal form must be filled in, signed and submitted for the Bid Documents to be considered complete.

2. Bidder’ s Bond ( Accompanying Bid)
If not otherwise providing cash, cashier’ s check or certified check with its Bid Proposal as its bid guaranty, a Bidder’ s Bond form must be filled out, signed, and submitted with the Bid Proposal for the Bid Documents to be considered complete. The surety’ s power of attorney must be attached. Original signatures are required.

3. Non- Collusion Declaration
A Non- Collusion Declaration form must be filled out, signed, and submitted with the Bid Proposal for the Bid Documents to be considered complete.

4. Subcontractors List
A Subcontractors List form must be filled out and submitted with the Bid Proposal for the Bid Documents to be considered complete.

5. Workers Compensation Certificate
The Bidder acknowledges that he/ she must sign and attach any applicable Workers Compensation Certificate to the Bid Proposal.

6. Waste Management Plan
Applicant is notified of need to prepare a Waste Management Plan as a project submittal.

On- line system is available at www. emeryville. wastetracking. com/# Check here signifies awareness of and intent to prepare, if awarded a contract.

7. Bond Requirements
The Bidder understands that a performance bond issued by an approved surety equaling one hundred percent ( 100%) of the Total Contract Price amount will be required. A payment bond equaling one hundred percent ( 100%) of the Total Contract Price amount will also be required.

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8. Addenda
The Bidder acknowledges that he/ she must sign and attach any applicable addenda to the Bid Proposal for the Bid Documents to be considered complete.

Initial: ______________________ Date: ______________
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SECTION 2
Not Used
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SECTION 3

PROPOSAL
To the Honorable City Council of the City of Emeryville, Alameda County, California. 2024 SUSTAINABLE STREETSCAPES PAVING PROJECT
PROJECT NO. EPW- 23008
Name of Bidder
Street Address
City, State, Zip Code
Telephone No.

Email Address
FOR USE WITH THE FOLLOWING:

1. The State of California Department of Transportation Standard Specifications, 2015, and the State of California Department of Transportation Standard Plans, 2015.

The Contract Drawings are generally titled 2024 SUSTAINABLE STREETSCAPES PAVING PROJECT, PROJECT NO. EPW- 23008.

Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

The Bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the " Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.

In case of discrepancy between item price and the total set forth for the item, the item price shall prevail, provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the " Item Total" column, then the amount set forth in the " Item Total" column for the item shall prevail in accordance with the following:

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 A-5 3/13/2024
PROPOSAL ( CONT.) Project No. EPW- 23008
1) As to lump sum items, the amount set forth in the " Item Total" column shall be the item price. 2) As the unit basis items, the amount set forth in the " Item Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price.

If this proposal shall be accepted and the undersigned shall fail to enter into the Contract and furnish the two ( 2) bonds in the sums to be determined as aforesaid with surety satisfactory to the Department of Public Works and provide the appropriate insurance certificates within ten ( 10) calendar days after the Bidder has received notice from the City Engineer that the Contract has been awarded, the City may, at its option, determine that the Bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Emeryville. If the deadline to perform any act shall fall on a Saturday, Sunday or legal holiday of the City, then the deadline to perform said act shall fall on the next regular business day.

The undersigned, as Bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firms, or corporation and in submitting this proposal, the undersigned Bidder agrees that he has carefully examined the location of the proposed work, the annexed proposed form of Contract, and the plans and specifications therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the City of Emeryville in the form of a copy of the Contract annexed hereto to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the City Engineer as therein set forth, and that he will take in full payment therefore the following item prices to wit:

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB Contractor:

Date:

BID SHEET
Project No. EPW-23008
2024 SUSTAINABLE STREETSCAPES PAVING PROJECT

EMERYVILLE, CALIFORNIA
EPW- 23008 A-6 3/4/2024
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB Contractor:

Date:

Per Addendum No. 2 (3/4/2024)
Plan Nos.: EPW- 23008
No. CONTRACT BID ITEMS Quantity Unit Unit Price Total
Amount rounded to Nearest: $. 01

BID SHEET
Project No. EPW-23008
2024 SUSTAINABLE STREETSCAPES PAVING PROJECT

EMERYVILLE, CALIFORNIA
Traffic Improvements
21 K72 Marker Post, ( S) 70 EA
22 Flexible Mount Delineator, (S) 30 EA
23 Slotted Speed Cushion, ( S) 5 EA
24 6" Solid Double Yellow Thermoplastic (Detail 22), (S) 10,165 LF 25 6" Solid White Thermoplastic ( Detail 27B), ( S) 2,330 LF 26 6" Solid Double Yellow Thermoplastic (Detail 29), (S) 280 LF 27 8" Solid White Thermoplastic Stripe ( Detail 38), ( S) 1,506 LF 28 6" Solid White Thermoplastic Stripe (Detail 39), (S) 7,049 LF 29 4" Solid Yellow Thermoplastic Stripe - BUFFER, ( S) 110 LF 30 4" Solid White Thermoplastic Stripe - BUFFER, (S) 200 LF 31 12" Solid White Thermoplastic Stripe, ( S) 1,400 LF
32 24" Solid White/Yellow Thermoplastic Stripe, (S) 2,562 LF 33 Thermoplastic Pavement Markings - SOLID WHITE/ YELLOW ( AUTO LANES), ( S) 2,000 SF 34 Thermoplastic Pavement Markings - SOLID BLUE (HANDICAP PARKING), (S) 1,550 SF 35 Thermoplastic Pavement Markings - SOLID WHITE ( YIELD MARKINGS), ( S) 100 SF 36 Preformed Thermoplastic - Bike Stencils - SOLID WHITE, (S) 470 SF 37 Preformed Thermoplastic - Bike Stencil - SOLID WHITE ON GREEN, ( S) 540 SF 38 Preformed Thermoplastic - Bike Lane Field - SOLID GREEN, (S) 1,140 SF 39 Preformed Thermoplastic - Bike Lane Field - DASHED GREEN, ( S) 800 SF 40 PAINT - 4" Solid White Parking Stripes, (S) 11,685 LF 41 PAINT - Parking Tips, ( S) 100 EA
42 Paint Curb (2-coats) - (Red, Blue, Gray, Yellow, White), (S) 2,270 LF 43 Remove Existing Striping, Markings, and Markers, ( S) 1 LS 44 Furnish Single-Sheet Aluminum Sign Panel (0.063" Unframed), (S) 1,100 SF 45 Install Sign Panel ( SSBM), ( S) 15 EA
46 Install Sign Panel (Existing Post), (S) 50 EA
47 Install Sign Panel ( New Post), ( S) 50 EA
48 Remove Existing Post, (S) 15 EA
49 Remove Sign Panel, ( S) 30 EA
50 Relocate Sign to New Pole, (S) 10 EA
Sub-Total: Traffic Improvements
EPW- 23008 A-7 3/4/2024
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB Contractor:

Date:

Per Addendum No. 2 (3/4/2024)
Plan Nos.: EPW- 23008
No. CONTRACT BID ITEMS Quantity Unit Unit Price Total
Amount rounded to Nearest: $. 01

BID SHEET
Project No. EPW-23008
2024 SUSTAINABLE STREETSCAPES PAVING PROJECT

TOTAL FOR ALL BID ITEMS
Sub-Total: Addendum No.2 - New Bid Items
Sub- Total: Traffic Improvements
EPW- 23008 A-8 3/4/2024
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PROPOSAL ( CONT.) Project No. EPW- 23008
Accompanying this proposal is
Notice: insert the words CASH ($), CASHIER' S CHECK, CERTIFIED CHECK, OR BIDDERS BOND) in an amount equal to at least ten percent of the total of the Total Bid Price.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If Bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if Bidder or other interested person is an individual, state first and last names in full.

Licensed in accordance with an act providing for the registration of Contractors:

Contractor: License No.

Licensee Name
License Qualifier
Date Issued
Other License Classifications Hazardous Substances Removal: License No Licensee Name ( May be Subcontractor)
License Qualifier
Date Issued
DIR Registration Number
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PROPOSAL ( CONT.) Project No. EPW- 23008
ADDENDA This Proposal is submitted with respect to the changes to the contract included in addenda numbers ____________ ( Fill in any addenda numbers if addenda have been received.)
By my signature on this proposal, I certify, under penalty of perjury, under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Section 10162, 10232 and 10285. 1 are true and correct and that the Bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations ( Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal, I further certify, under penalty of perjury, under the laws of the State of California, that the Non- Collusion Affidavit required by Public Contract Code Section 7106 is true and correct.

SIGN HERE >>> by:
its:

Date:

END OF PROPOSAL
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SECTION 4

BIDDER' S BOND
KNOW ALL PERSONS BY THESE PRESENTS:

That , as Principal, and , as Surety, are
held and firmly bound unto the City of Emeryville, a municipal corporation located in Alameda County, State of California ( hereinafter " City"), in the sum of ($) , being at least ten percent ( 10%) of the total amount of the Grand Total Bid Price, for the payment of which sum in lawful money of the United States of America to the City of Emeryville we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted said bid to the City for the 2024 SUSTAINABLE STREETSCAPES PAVING PROJECT, PROJECT NO. EPW- 23008. (" Project"); NOW, THEREFORE, the condition of the above obligation is such that if a Contract is awarded by the City within the time and in the manner required by the specifications for the Project, and a written Contract is entered into with the City and the requisite bond or bonds and insurance certificates are furnished, then this obligation shall become null and void, otherwise to remain in full force and effect for ninety ( 90) days following the public opening of bids for this solicitation.

In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorneys fee to be fixed by the Court.

Dated , 20__.

TO BE CONSIDERED COMPLETE,
BOTH THE PRINCIPAL AND Principal

SURETY MUST SIGN THIS
BIDDER' S BOND. IN ADDITION, By:

THE SURETY' S SIGNATURE MUST

BE NOTARIZED AND
THE SURETY' S POWER OF ATTORNEY Surety
MUST BE ATTACHED. ORIGINAL
SIGNATURES ARE REQUIRED By:

Address of Surety
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CERTIFICATE OF ACKNOWLEDGMENT

STATE OF CALIFORNIA
ss

COUNTY OF ALAMEDA
On , 20__ before me, ,
Notary Public, personally appeared
who proved to me
on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ( Seal Above)

END OF BIDDERS BOND
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SECTION 5

NON- COLLUSION DECLARATION
The undersigned declares:

I am the of , the party making
the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

The undersigned declares under penalty of perjury that the information contained in this proposal and all accompanying documents are true and correct.

Executed on
Legal Company Name
By:

Title:

Date:

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SECTION 6

SUBCONTRACTORS LIST
In accordance with Section 2-1.10 “ Subcontractors List" of the Standard Specifications for this Contract, the following list of Subcontractors is submitted with the Proposal and made a part thereof.

Use multiple sections for same subcontractor if all of their line items do not fit under one section.)

1. Name of Subcontractor/ Supplier
License No.

2. Name of Subcontractor/ Supplier
License No.

3. Name of Subcontractor/ Supplier
License No.

4. Name of Subcontractor/ Supplier
License No.

5. Name of Subcontractor/ Supplier
License No.

6. Name of Subcontractor/ Supplier
License No.

7. Name of Subcontractor/ Supplier
License No.

Dept. of Industrial Relations Registration No. ________________________________ Address
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Work to be Performed
Bid Sheet Item No.( s)
Percentage of each Item No. to be Performed
Dollar Value of each Work Item

8. Name of Subcontractor/ Supplier
License No.

9. Name of Subcontractor/ Supplier
License No.

10. Name of Subcontractor/ Supplier
License No.

Dept. of Industrial Relations Registration No. ________________________________ Address
Work to be Performed
Bid Sheet Item No.( s)
Percentage of each Item No. to be Performed
Dollar Value of each Work Item
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SECTION 7
WORKERS’ COMPENSATION CERTIFICATE
To be executed by Bidder and submitted withbid
By signing below, Bidder is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provision of that code, and if awarded a Contract, Bidder will comply with such provisions before commencing the performance of the work of this Contract.

Firm Name _
Signature of Authorized Official
Printed Name of Authorized Official
Title of Authorized Official _
Date
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SECTION 8

CONTRACT
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW- 23008 A- 19 11/ 27/ 2023
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW- 23008 A- 20 11/ 27/ 2023
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW- 23008 A- 21 11/ 27/ 2023
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that,
WHEREAS, the City of Emeryville, a municipal corporation located in Alameda County, State of California ( hereinafter referred to as " City"), has entered into a Contract with hereinafter referred to as " Principal"), to construct the 2024 SUSTAINABLE STREETSCAPES PAVING PROJECT, PROJECT NO. EPW- 24001; and
WHEREAS, the Principal is required under the terms of the Contract to furnish a bond for the faithful performance of said Contract.

NOW, THEREFORE, we, the Principal and
as Surety, are held and firmly bound unto the City in the penal sum of ($ lawful money of the United States of America, being not less than one hundred percent ( 100%) of the Contract Amount, to be paid to the City or its successors and assigns; for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above- bound Principal, or its heirs, executors, administrators, successors, transferees, or assigns approved by the City, shall promptly and faithfully perform the covenants, conditions, and agreements in the Contract until completion, during the original term and any extensions thereof as may be granted by the City, with or without notice to Surety, and shall also promptly and faithfully perform all covenants, conditions, and agreements of any alteration of the Contract made as therein provided, notice of which alterations to Surety being hereby waived, provided on the Principal’ s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHERMORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that upon Final Completion of the Contract, the above obligation shall be reduced to the amount of ______________________ Dollars, being not less than twenty percent ( 20%) of the Contract Amount, and shall hold for a period of two ( 2) years, during which time if the above bound Principal, or its heirs, executors, administrators, successors, transferees, or assigns shall fail to make full, complete and satisfactory repair and replacements or totally to protect the City from loss or damage made evident during said period from the date of Final Completion of the Contract, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, or failure to satisfy the warranty as set forth in the Contract, the above obligation in said sum of $ , shall remain in full force and effect, otherwise the above obligation shall be void.

Whenever Principal shall be declared by the City to be in default under the Contract, Surety shall promptly remedy the default, or shall promptly do one of the following at the City’ s election:

1. Undertake through its agents or independent Contractors, reasonably acceptable to the City, to complete the Contract in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Contract, including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB

2. Reimburse the City for all costs the City incurs in completing the Contract, and in correcting, repairing or replacing any defects in materials or workmanship and/ or materials and workmanship which do not conform to the specifications in the Contract.

Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Specifications accompanying the same shall release or exonerate the Surety on this bond or in any way affect its obligations under this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work, or to the Contract Documents.

The Surety’ s obligations hereunder are independent of the obligations of any other surety for the performance of the Contract, and suit may be brought against the Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the City’s rights against the others.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the City or its successors or assigns.

In the event the City, or its successors or assigns, shall be the prevailing party in an action brought upon this bond, then in addition to the penal sum hereinabove specified, Principal and the Surety, jointly and severally, agree to pay to the City or its successors or assigns, a reasonable sum on account of its attorney’ s fees incurred in such action, which sum shall be fixed by the court.

IN WITNESS WHEREOF, the above bound parties have executed this instrument under their seals this day of , 20____, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

Principal
Name
Title
Signature
SEAL)
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB Surety
Name
Title
Signature
SEAL)
Note: To be considered complete, both the Principal and an admitted Surety Insurer authorized by the California Insurance Commissioner to transact surety business in the State of California must sign the Performance Bond.

In addition, the Surety’s signature must be notarized and a copy of the Surety’s Power of Attorney DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB

PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS, that
WHEREAS, the City of Emeryville, a municipal corporation located in Alameda County, State of California ( hereinafter " City"), has awarded a contract to hereinafter " Principal"), to construct the 2024 SUSTAINABLE STREETSCAPES PAVING PROJECT, PROJECT NO. EPW- 23008; and WHEREAS, the Principal is required to furnish a bond in connection with the Contract, providing that if Principal, or any of it or its subcontractors, shall fail to pay for any materials, provisions, or other supplies or teams used in, upon, for or about the performance of the Work contracted to be done, for any work or labor thereon of any kind, or claims to which reference is made in Section 9554 of the Civil Code, the Surety of this bond will pay the same to the extent hereinafter set forth.

NOW, THEREFORE, we, the undersigned Principal, and ,
as Surety, are held and firmly bound unto the City in the penal sum of Dollars, ($ ), lawful money of the United
States of America, being not less than one hundred percent ( 100%) of the Contract Amount, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, or its heirs, executors, administrators, successors, transferees, assigns, or subcontractors, shall fail to pay any of the persons named in Section 9100 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under this Contract, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Contractors and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond and will also pay, in case suit is brought upon this bond, a reasonable attorney' s fee, to be fixed by the court.

This bond shall inure to the benefit of any and all persons named in Section 9100 of the Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

This bond is given to comply with Sections 9550 and 9554 of the Civil Code. The liability of the PRINCIPAL and SURETY hereunder is governed by the provisions of said Code, all acts amendatory thereof, and all other statutes referred to therein, including Section 8152 of the Civil Code.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, or the Specifications accompanying the same shall in any way affect its obligations on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract Documents.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Principal
Name
Title
Signature
SEAL)
Surety
Name
Title
Signature
SEAL)
Note:

To be considered complete, both the Principal and an admitted Surety Insurer authorized by the California Insurance Commissioner to transact surety business in the State of California must sign the Payment Bond. In addition, the Surety’s signature must be notarized and a copy of the Surety’s Power of Attorney must be attached.

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GUARANTEE
TO THE CITY OF EMERYVILLE for construction of the following Project:
2024 SUSTAINABLE STREETSCAPES PAVING PROJECT, PROJECT NO. EPW- 23008 By signing below, Contractor hereby warrants and guaranties to City of Emeryville all (" City") construction performed on this Project, including all material and equipment incorporated therein, as set forth below:

1. Pursuant to this Guarantee, Contractor agrees to unconditionally guarantee 1) the quality and adequacy of all of work provided on the Project including, without limitation, all labor, materials, workmanship, methods of installation, and equipment provided by Contractor and/ or its Subcontractors of all tiers) in connection with the Work under normal application, installation, and use and service conditions ( collectively " Work"); and 2) that the work is fit for the purposes intended. The Guarantee provided hereunder shall become effective on the date of Substantial Completion; or where applicable, the Guarantee shall become effective on the first day following Substantial Completion of a specifically defined phase of the Project; or on such other date as may be specified elsewhere in the Contract Documents; and once effective, the Guarantee shall remain operative and shall bind Contractor as further described herein for a period of two ( 2) years, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents (" Warranty Period").

This Guarantee is in addition to any warranties or guarantees required or provided by the manufacturer or supplier or otherwise provided at law with respect to Contractor’ s duties, obligations and performance under the Contract Documents.

2. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guarantee or relieve Contractor of liability with respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within the Warranty Period.

3. If, within the Warranty Period, the Work, or any portion thereof, is found to be defective, the City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs performed by Contractor. Such repairs or replacements shall include, without limitation, removal of any such defective Work and replacement of such Work with Work that is not defective, and satisfactory correction, or removal and replacement of any damage to other Work or the work of others resulting therefrom.

If City elects to have said repairs or replacements performed by Contractor, Contractor shall promptly, without cost to City, and in accordance with City’ s written instructions, correct such defective Work. If City elects to perform the repairs or replacements, Contractor agrees to pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement by City. While carrying out correction, or removal and replacement of defective or nonconforming Work the Contractor must provide the same insurance specified before Contract acceptance. Nonconforming Work that is remedied pursuant to this Warranty shall be subject to an extended warranty obligation for the period of two ( 2) years after the acceptance of the repairs to the nonconforming work.

4. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though Work required to be provided under the Contract Documents has been DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the applicable Warranty Period.

5. This Guarantee is not in lieu of any other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor’ s duties, obligations, and performance under the Contract Documents, and is in addition to any warranties or guarantees required or provided by manufacturers or suppliers. In the event of any conflict or inconsistency between the terms of this Guarantee and any obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor.

6. If the Contractor fails or refuses to comply with its obligations under this Guarantee, City shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of the said failure or refusal.

Contractor Date
Contractor' s Name ( print)
Address
City/ State/ Zip
Phone
Fax No:

END OF DOCUMENT
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PART B

GENERAL PROVISIONS
FOR
2024 SUSTAINABLE STREETSCAPES PAVING PROJECT
PROJECT NO. EPW-23008
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CITY OF EMERYVILLE

DEPARTMENT OF PUBLIC WORKS

STANDARD SPECIFICATIONS
These Standard Specifications are to be used in conjunction with the State of California, Department of Transportation Standard Specifications and Standard Plans dated 2015. In absence of revision by these Standard Specifications, comply with the State of California Department of Transportation Standard Specifications dated 2015.

DIVISION I GENERAL PROVISIONS
1 GENERAL
The Bidder' s attention is directed to the provisions in Division I, Section 1, " General," of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/ she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 1, "General," of the Caltrans Standard Specifications, 2015, as follows:

SECTION 1-1.01 GENERAL
Add to 1st paragraph in Section 1-1.01 General as follows:

When counting paragraphs, individually numbered items and tables are part of the preceding paragraph.

Replace the 8th paragraph of Section 1-1.01 General with the following:

The Engineer will number bid items consecutively and uniquely for each contract.

Delete item 1 Assignments in the list in the 12th paragraph of Section 1-1.01 General.

SECTION 1-1.05 REFERENCES
Replace first sentence of the 4th paragraph of Section 1-1.05 References with the following:

Where a section number is referenced without a reference to a document, the reference is to a section of the Standard Specifications as revised by the City Standard Specifications and Special Provisions.

SECTION 1-1.07 DEFINITIONS
SECTION 1-1.07B GLOSSARY
Add to Section 1-1.07B Glossary, and where a glossary term definition already exists in the Standard Specifications, 2015, replace said term as follows:

Architect: The Engineer as defined in this section.

City: City of Emeryville
Department or Department of Transportation: The City of Emeryville.

Director or Director of Transportation: The City of Emeryville Public Works Director or designee.

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Engineering Standards: The current City of Emeryville Engineering Standards.

Engineer: The City Engineer, City of Emeryville, acting either directly or through properly authorized agents, the agents acting within the scope of the particular duties delegated to them.

Excusable Delay: Delay caused by the City and not reasonably foreseeable when the work began such as:

1. Change in the work;

2. City action that is not part of the Contract;

3. Described facility rearrangement not rearranged as described, by the utility owner by the date specified, unless:
i) the rearrangement is solely for the Contractor' s convenience, or ii) as a result of a Contractor proposed construction method or detail;

4. City' s failure to obtain timely access to the right- of-way; or

5. City' s failure to review a submittal or provide notification in the time specified.

Federal Aid Contract: A project that is identified within the Special Specifications as being financed with Federal funding and for which you and the City must follow unique Federal requirements.

Highway: Highway or Highway Right of Way means the work site( s) as identified in the contract.

Holiday: Holiday shown in the following table:

Holiday Date Observed
Sunday Every Sunday
New Year’ s Day January 1st
Birthday of Martin Luther King, Jr. 3rd Monday in January Washington’ s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Indigenous Peoples Day 2nd Monday in October
Veterans Day November 11th
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day after Thanksgiving Day
Day before Christmas Day Last working day prior to Christmas Day Christmas Day December 25th
Day before New Year’ s Day Last working day prior to New Year’ s Day Caesar Chavez Day is not a City recognized Holiday but can be recognized through a written change order. If the holiday falls on a Sunday, the Monday following is a holiday. If the holiday falls on a Saturday, the preceding Friday is a holiday.

Laboratory: The City or a designated laboratory authorized by the City to test materials and work involved in the contract.

Landscape Architect: The Engineer as defined in this section.

MUTCD: The most current version of the California Manual on Uniform Traffic Control Devices.

Office of Structure Design: The Office of the City Engineer at the address located in the special provisions for the submission of bids.

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Plans:

1. Project Plans: Drawings specific to the project, including authorized shop drawings.

2. Engineering Standards: Drawing standard to City of Emeryville.

3. Standard Plans: Drawing standard to Caltrans.

Permanent erosion control establishment period: Number of working days shown on the Notice to Bidders for permanent erosion control establishment work Plant establishment period: Number of working days shown on the Notice to Bidders for plant establishment work.

Specifications: The directions, provisions and requirements contained in the City of Emeryville, Standard Specifications and engineering standards as supplemented by the special provisions. Whenever the term “ these specifications” or “ these Standard Specifications” is used in this book, it means the provisions set forth in this book, in conjunction with, by reference, the edition of the State Standard Specifications as referenced in the beginning of this book. The Department of Transportation publications entitled Labor Surcharge and Equipment Rental Rates and General Prevailing Wage Rates are to be considered as a part of the special provisions.

State: The City of Emeryville.

Transportation Building, Sacramento City Hall, City of Emeryville, State of California.

State Highway Engineer The City Engineer of the City of Emeryville, State of California.

State Standard Specifications: Means the Standard Specifications of the California Department of Transportation, Business and Transportation Agency, dated 2015.

The Greenbook. Parts 2 through 6 of the Standard Specifications for Public Works Construction, 2015 Edition.

SECTION 1-1.08 DISTRICTS
Delete Section 1-1.08 Districts.

SECTION 1-1.11 WEB SITES, ADDRESSES, AND TELEPHONE NUMBERS Add to Section 1-1.11 Web Sites, Addresses, and Telephone Numbers as follows:

Reference Web Site Address Telephone Number
City of
Emeryville
http:// www. emeryville. org/
1333 Park Avenue
Emeryville, CA 94608
510- 596- 4334
On- line Plan
Repository
http:// www. ciplist. com and
http:// emeryville. org/ 904/ RFPs- Bids
Delete from Section 1- 1.11 Web Sites, Addresses, and Telephone Numbers the reference to Bidders' Exchange.

SECTION 1-1.12 MISCELLANY
Replace Section 1-1.12 Miscellany with the following:

Make checks and bonds payable to the City of Emeryville.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-5 3/5/2024
2 BIDDING
The Bidder' s attention is directed to the provisions in Division I, Section 2, Bidding, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/ she must observe in the preparation of the proposal form and the submission of the bid.

The form of Bidder' s Bond will be found following the signature page of the Proposal.

In accordance with Public Contract Code Section 7106, a Non- collusion Affidavit is included in the proposal.

Signing the proposal shall also constitute signature of the Non- collusion Affidavit.

Replace, Delete or Add to Division I, Section 2, Bidding, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 2- 1.01 GENERAL
Replace Section 2-1.01 General with the following:

Section 2 includes specifications related to bid eligibility and the bidding process.

SECTION 2- 1.02 BID INELIGIBILITY
Replace Section 2-1.02 Bid Ineligibility with the following:

If an individual, firm, partnership or corporation, including any of its affiliates, partners, officers, employees, parent companies or subsidiaries, has provided architectural or engineering services to the City for this Contract before bid submittal for this Contract, then such individual, firm, partnership and corporation, and any of its affiliates, partners, officers, employees, parent companies or subsidiaries is prohibited from any of the following:

1. Submitting a bid

2. Subcontracting for a part of the work

3. Supplying materials.

The firm of Kimley Horn has provided engineering services to the City for this Contract. Therefore, this firm, and any of their affiliates, partners, officers, employees, parent companies or subsidiaries are prohibited from being awarded the Contract for the project, subcontracting for a portion of the work under the Contract, or supplying materials for the work under the Contract. Accordingly, these persons and entities are ineligible to bid on the project and no Contract shall be awarded to such persons or entities identified as the Contractor, subcontractor or supplier on a submitted bid proposal for this Contract.

SECTION 2- 1.03 CONTRACTOR REGISTRATION
Replace Section 2-1.03 Contractor Registration with the following:

No contractor or subcontractor may be listed on a bid proposal for this Contract unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725. 5 [ with limited exceptions from this requirement for bid purposes only under Labor Code section 1771. 1(a)].

SECTION 2- 1.05 ADDENDUM
Add Section 2-1.05 Addendum as follows:

During the course of the bidding process if changes are made to the Plans, Specifications, Bid Documents or other Contract Documents, they will be posted to www. ciplist. com and http:// emeryville. org/ 904/ RFPs- Bids for prospective Bidders.

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If discrepancies or apparent errors are found in the Contract Documents prior to the date of bid opening, Bidders shall submit a written request for clarification to the City Engineer, a minimum of Five ( 5) Days prior to Bid Date, which response to said request will be given in the form of addenda to all Bidders, if time permits.

The correction of any discrepancies in, or omissions from the Plans, Specifications, Bid Documents or other Contract Documents, or any interpretation thereof, during the bidding process will be made only by Addendum issued in writing by the City and signed by the City Engineer. A copy of each such Addendum issued by the City will be posted to http:// www. ciplist. com and http:// emeryville. org/ 904/ RFPs- Bids. Any other interpretation or explanation of such documents will not be considered binding.

All Addenda must be signed by a Bidder and included with their proposal at the time of bid opening.

SECTION 2-1.06 BID DOCUMENTS
SECTION 2-1.06A GENERAL
Replace Section 2-1.06A General with the following:

The Bid Documents, set forth in Part A of City of Emeryville Specifications, include bid proposal form, certifications, bidder’ s bond, declarations and acknowledgements. A standard proposal form, which, when filled out and executed shall be submitted as that Bidder' s bid. Bids not presented on forms so furnished, and copies or facsimiles of the Bidder' s completed and executed proposal forms submitted as a bid may be rejected by Owner in its sole discretion. Bid Documents, including Plans, Specifications, Notice Inviting Bids, Supplemental Specifications and any Addendum can be obtained on the internet at http:// www. ciplist. com and http:// emeryville. org/ 904/ RFPs- Bids. State of California Department of Transportation Standard Specifications, 2015, and State of California Department of Transportation Standard Plans, 2015, are available for review at the City Public Works Office.

SECTION 2-1.06B SUPPLEMENTAL PROJECT INFORMATION
Replace Section 2-1.06B Supplemental Project Information with the following:

The availability or use of information described in this Section is not intended to be and shall not be construed to relieve the Bidder or Contractor from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling all the terms of the Contract Documents.

SECTION 2- 1.07 JOB SITE AND DOCUMENT EXAMINATION
Replace Section 2-1.07 Job Site And Document Examination with the following:

Examine the job site and Bid Documents. Notify the City of apparent errors and patent ambiguities in the Plans, Specifications, Notice Inviting Bids, Bid Documents, Supplemental Specifications and any Addendum. Failure to do so may result in rejection of a bid or rescission of an award.

Bid submission is your acknowledgment that you have examined the job site and Plans, Specifications, Notice Inviting Bids, Bid Documents, Supplemental Specifications and any Addendum and are satisfied with:

1. General and local conditions to be encountered;

2. Character, quality, and scope of work to be performed;

3. Quantities of materials to be furnished;

4. Character, quality, and quantity of surface and subsurface materials or obstacles; and

5. Requirements of the Contract.

SECTION 2- 1.09 BID ITEM LIST
Replace Section 2-1.09 Bid Item List with the following:

Submit a bid based on the bid item quantities shown on the Bid Sheets.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-7 3/5/2024
SECTION 2-1.10 SUBCONTRACTORS LIST
Replace Section 2-1.10 Subcontractors List with the following:

On the Subcontractors List form, list each subcontractor that will perform work in an amount in excess of 1/ 2 of 1 percent of the total bid or $ 10, 000, whichever is greater ( Pub Cont. Code § 4100 et seq.).

For each subcontractor listed, the Subcontractors List form must show:

1. Business name and the location of its place of business.

2. California contractor license number.

3. Department of Industrial Relations contractor registration number.

4. Portion of work it will perform. Show the portion of the work by:

4.1. Bid item numbers for the subcontracted work

4.2. Dollar value and percentage of the subcontracted work for each bid item listed

4.3. Description of the subcontracted work if the percentage of the bid item listed is less than 100 percent
SECTION 2-1.12 DISADVANTAGED BUSINESS ENTERPRISES
Add to Section 2-1.12A:

This section is applicable to federally funded projects and only as directed in the special provisions.

SECTION 2-1.15 DISABLED VETERAN BUSINESS ENTERPRISES
Add to Section 2-1.15A:

This section is applicable only as directed in the special provisions.

SECTION 2-1.18 SMALL BUSINESS AND NON– SMALL BUSINESS SUBCONTRACTOR PREFERENCES Add to Section 2-1.18A:

This section is applicable only as directed in the special provisions.

SECTION 2-1.27 CALIFORNIA COMPANIES
Delete Section 2-1.27 California Companies.

SECTION 2-1.33 BID DOCUMENT COMPLETION AND SUBMITTAL
SECTION 2-1.33A GENERAL
Replace Section 2-1.33A General with the following:

Furnish a bid using blank forms provided in the Bid Documents. Bid must include all forms securely sealed in a suitable envelope and must be signed by the Bidder. Use the forms provided in the Bid Documents except as otherwise specified for a bidder' s bond.

Do not fax or email bids. Failure to submit the bid as specified may result in a nonresponsive bid.

If an agent other than the authorized corporate officer or a partnership member signs the bid, file a Power of Attorney with the City either before opening bids or with the bid. Otherwise, the bid may be nonresponsive.

SECTION 2-1.33B ELECTRONIC BIDS
Delete Section 2-1.33B Electronic Bids.

SECTION 2-1.33D BID FORM SUBMITTAL SCHEDULES
SECTION 2-1.33D( 1) GENERAL
Replace Section 2-1.33D( 1) General with the following:

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The Bid Document includes forms specific to the Contract. The deadlines for the submittal of the forms vary.

Determine the requirements of the Contract and submit the forms based on the applicable deadline.

Bid forms and information on the form that are due after the time of bid may be submitted at the time of bid.

SECTION 2-1.34 BIDDER’ S SECURITY
Replace Section 2-1.34 Bidder’ s Security with the following:

Submit one of the following forms of Bidder’ s security equal to at least ten percent ( 10%) of the bid: ( i) cash; ii) cashier’ s check; ( iii) certified check; or ( iv) signed Bidder’ s Bond by an admitted surety insurer.

Submit cash, cashier’ s check, certified check, or Bidder’ s Bond to the City as part of your bid.

The Bidder' s Bond must conform to the bond form shown in the Bid Documents for the project and must be properly filled out and executed. The surety’ s signature must be notarized and the surety’ s power of attorney must be attached. Original signatures are required.

SECTION 2-1.37 BID SUBMITTAL
Add Section 2-1.37 Bid Submittal as follows:

Submit your bid under sealed cover, marked outside of the envelope containing the bid in compliance with the instructions contained in the Notice Inviting Bids. No bid will be considered unless accompanied by Bidder’ s security equal to at least ten percent ( 10%) of the bid in the form of: ( i) cash; ( ii) cashier’ s check; ( iii) certified check; or ( iv) signed Bidder’ s Bond which must comply with Section 2-1.34.

If the bid is made by an individual, the individual’ s name and mailing address must be shown. If made by a firm or a partnership, the name and mailing address of each member of the firm or partnership must be shown. If made by a corporation, the bid must show the name of the state under the laws of which the corporation was chartered, and the names, titles and business addresses of the president, secretary and treasurer.

SECTION 2- 1.40 BID WITHDRAWAL
Replace Section 2-1.40 Bid Withdrawal with the following:

Bids are not considered filed with the City until the date and time of bid opening.

A Bidder may withdraw or revise a bid after it has been submitted to the City if this is done before the bid opening date and time.

SECTION 2- 1.43 BID OPENING
Replace Section 2-1.43 Bid Opening with the following:

The City publicly opens and reads bids at the time and place shown on the Notice Inviting Bids.

SECTION 2- 1.46 DEPARTMENT’ S DECISION ON BID
Replace Section 2-1.46 Department’ s Decision On Bid with the following:

The City' s decision on the bid amount is final.

The City may reject:

1. All bids

2. A nonresponsive bid.

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SECTION 2- 1.47 BID RELIEF
Replace Section 2-1.47 Bid Relief with the following:

The City may grant bid relief under Pub Contract Code § 5100 et seq. Submit any request for bid relief to the Director within five ( 5) calendar days after the opening of the bids.

SECTION 2-1.48 RESERVED
Add Section 2-1.48 BID PROTESTS as follows:

1. Any protest of the proposed Project award must be submitted in writing to the City no later than 5:00 PM on the third business day following the date of the bid opening.

2. The protest must contain a complete statement of the basis for the protest.

3. The protest must state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest. The protest must include the name, address, and telephone number of the person representing the protesting party.

4. The party filing the protest must concurrently transmit a copy of the protest to the proposed awardee.

5. The party filing the protest must have submitted a bid for the Project. A subcontractor of a party filing a bid for the Project may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.

6. The procedure and time limits set forth in these Instructions to Bidders are mandatory and are the bidders’ sole and exclusive remedy in the event of a bid protest. Any bidder’ s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

7. The City shall review all timely protests prior to award of the Project. The City shall not be required to hold an administrative hearing to consider any protests but may do so at its option. At the time of the City Council’ s consideration of the Project award, the City Council shall also consider the merits of any timely protests. The City Council may either reject the protest and award to the lowest responsible bidder or accept the protest and award the bid to the next lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’ s right to reject all bids.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-10 3/5/2024
3 CONTRACT AWARD AND EXECUTION
The Bidder' s attention is directed to the provisions in Division I, Section 3, Contract Award And Execution, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/ she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 3, Contract Award And Execution, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 3-1.04 CONTRACT AWARD
Replace Section 3-1.04 Contract Award with the following:

If the City awards the contract, the City will use best efforts to award the contract to the lowest responsive bid submitted by a responsible Bidder within 90 calendar days after opening of the bids.

SECTION 3-1.04B ADDITIVE/ DEDUCTIVE CONTRACT AWARD
Add Section 3-1.04B Additive/ Deductive Contract Award as follows:

When the bid proposal form includes additive or deductive alternates, the Engineer will determine the lowest bid as defined in the special provisions. If no method is defined in the special provisions, the lowest bid is determined on the base price without consideration for the prices of the additive or deductive alternates in compliance with Section 20103. 8 of the Public Contract Code.

The City reserves the right to award or not award the Contract including or omitting the alternates.

Determination as to whether or not the alternates are included in the Contract will be made by the City.

All requirements in the Contract apply to the work required to complete the alternates.

SECTION 3- 1.05 CONTRACT BONDS
Replace Section 3-1.05 Contract Bonds with the following:

Furnish two good and sufficient bonds to the City of Emeryville, California. Each bond must be in the amount equal to one hundred percent of the Total Contract Price. One bond is for payment of claims for labor and materials, and the other bond for faithful performance.

Within ten ( 10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City the bonds required above on the forms supplied by the City. Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’ s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995. 120, authorized to do business as such in the State of California and satisfactory to the City. Any bond signed by an agent must be accompanied by a certified copy of such agent’ s authority to act. If the surety on any bond provided by Contractor is declared bankrupt or becomes insolvent or it’s right to do business is terminated in any state where any part of the work is located, Contractor shall, within seven ( 7) days thereafter, substitute another bond and surety in accordance with the requirements set forth herein. Any alteration or alterations made in the Plans and Specifications which are a part of this Contract or in any provision of this Contract shall not operate to release any surety from liability on any required bond and the consent to make such alterations is hereby given. Any surety on such bonds hereby waives the provisions of Section 2819 of the Civil Code. Bonds must remain in full force during the guaranty period. The required payment and performance bond forms are included in the Bid Documents.

SECTION 3-1.07 INSURANCE POLICIES
Add to Section 3-1.07 Insurance Policies with the following:

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Procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons, including death or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his Agents, Representatives, Employees, or Subcontractors. The cost of insurance is included in your bid.

All certificates and endorsements are to be received, reviewed and approved by the Engineer before the City will execute the Contract. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

SECTION 3-1.08 SMALL BUSINESS PARTICIPATION REPORT
Delete Section 3-1.08 Small Business Participation Report.

SECTION 3-1.18 CONTRACT EXECUTION
Replace Section 3-1.18 Contract Execution with the following:

The successful Bidder must execute and deliver to the Engineer the signed Contract, performance and payment bonds, executed guarantee, insurance certificates and endorsements, including certified copies of any and all insurance policies, if requested by the Engineer, Federal W- 9 tax Form, and proof of Emeryville Business License.

The Engineer must receive these documents with ten ( 10) calendar days after the Bidder receives the Contract.

The Bidder’ s Bond may be forfeited for failure to execute the Contract and provide the Engineer with all documents within the time specified.

SECTION 3-1.20 CITY BUSINESS LICENSE
Add 3-1.20 City Business License
The Contractor shall obtain a City Business License and for each subcontractor not already so licensed. The cost shall be included in his bid.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-12 3/5/2024
4 SCOPE OF WORK
The Bidder' s attention is directed to the provisions in Division I, Section 4, Scope of Work, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/ she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 4, Scope of Work, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 4- 1.02 INTENT
Add to Section 4-1.02 Intent the following:

All work and materials shall be in full accordance with the latest adopted standards and regulations of the State Fire Marshal; the California Building Code; Title 24 of the California Code of Regulations; the California Electrical Code; the California Plumbing Code; Americans With Disabilities Act; and all other applicable codes, laws, rules or regulations. Nothing in these Contract Documents is to be construed to permit work not conforming to these requirements. The Contractor agrees that immediately upon signing of the Contract, Contractor will diligently review the Contract Documents and determine if any work described or inferred within the Contract Documents is not in conformance with these requirements. Should the Contractor discover work within the Contract Documents not in conformance with these requirements, the Contractor agrees to immediately notify the Engineer in writing of said nonconformance, and to not proceed with nonconforming work. When the work detailed in the Contract Documents differs from governing codes, it is understood and agreed that the Contract sum is based upon the more costly or expensive standard.

The intent of the plans and Specifications is to prescribe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the Contract, and that the work performed under the Contract results in a complete operating system in satisfactory working condition with respect to the functional purposes of the installation, and no extra compensation will be allowed for anything omitted but fairly implied. The prices paid for the various items in the proposal shall include full compensation for furnishing all labor, materials, tools, equipment, overhead, profit, incidentals, and doing all work necessary to complete the finished product as provided in the Contract Documents. Where the plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the finest quality are to be used. The Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract to the highest possible standard of workmanship.

Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract Documents, or in the event of any doubt or question arising respecting the true meaning of the Contract Documents, the Contractor shall apply to the Engineer in writing for such further explanations as may be necessary, and the Engineer shall render his or her decisions thereon. The Contractor shall thoroughly review all Requests for Information ( RFI' s) submitted by subcontractors prior to submission to the Engineer to determine whether such RFI' s is already answered in the Contract Documents. The Contractor represents to City, that by submission of an RFI, the Contractor has thoroughly reviewed the RFI and thoroughly reviewed the Contract Documents, and determined that the RFI is not answered or reasonably inferable in the Contract Documents, and that the RFI pertains to an unforeseen condition or circumstance that is not described in the Contract Documents, that there is a conflict or discrepancy in the Contract Documents, or there is an omission in the Contract Documents.

You are responsible to obtain a copy of the Plans, Specifications and current applicable standards and keep them at the job site for reference.

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You must maintain on the job site information on the manufacturer’ s recommendation for installation or application when that information exists.

SECTION 4- 1.05 CHANGES AND EXTRA WORK
SECTION 4- 1.05A GENERAL
Add to Section 4-1.05A General the following:

In instances where you and the City dispute that certain work is extra work or a change in the character of the work, you are responsible to obtain from the Engineer, for the disputed work, agreement on: ( i) labor; ( ii) materials; and ( iii) equipment.

The agreement for disputed work must be on a form provided by City and signed by both parties. Contractor shall maintain and submit these records in compliance with Section 5-1.27. The Agreement for Disputed Work signed by the Engineer does not constitute agreement by the City to pay for disputed work. 4-1.06 DIFFERING SITE CONDITIONS
Add 1.06 D Archaeological Discoveries
Refer to Section 14- 2.03 of Standard Specifications
SECTION 4-1.07 VALUE ENGINEERING
Add to Section 4-1.07 Value Engineering as follows:

This section is applicable only as directed in the special provisions.

SECTION 4-1.13A WORK SITE MAINTENANCE
Add Section 4-1.13A Work Site Maintenance as follows:

You agree, by acceptance of a Contract or issuance of permit, to properly maintain the work site in a safe, clean and neat condition at all times.

Prior to the end of each workday you must remove all equipment and construction materials from the public right- of-way and authorized encroachments to private property, except as may be authorized by such permits.

The public right- off- way and encroachments to private property must be clean of any construction materials including but not limited to concrete, oils, asphalt, sand, aggregate, base, construction material packaging.

At the direction of the Engineer, use a self- loading motor street sweeper with spray nozzles to clean the rightof-way. Do not use street sweepers or blowers that use high velocity air to disperse or blow contaminants out of project area. Clean project area and surrounding perimeter including any other area impacted by this work.

Any traffic stripes or pavement markings that are removed or obliterated during work must be replaced with temporary tape, markers, or paint prior to opening the area to traffic. This maintenance and repair responsibility will run for the life of the encroachment and guarantee period. Replace with permanent striping and pavement markings in compliance with Section 84.

SECTION 4- 1.13B STOCKPILES
Add Section 4-1.13B Stockpiles as follows:

Keep stockpile materials in the street to a minimum and remove by the end of each work day. Sweeping is required to remove stockpile residue either by hand, or at the direction of the Engineer, by mechanical street sweeper.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-14 3/5/2024
Provisions must be made for controlling dust, arising for whatever reason, from stockpile materials or work on the project. You are responsible for maintaining all stockpile areas in a neat and dust- free condition, with adequate storm water controls. Comply with Section 5-1.20B( 4).

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-15 3/5/2024
5 CONTROL OF WORK
The Bidder' s attention is directed to the provisions in Division I, Section 5, Control of Work, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/ she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 5, Control of Work, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 5-1.01 GENERAL
Replace the 9th paragraph in Section 5-1.01 General with the following:

Whenever you change the normal agreed- to hours of work you must provide 24- hour notice to the Engineer.

The Engineer may or may not approve such a change. If the change is not approved, any work you perform outside the normal hours of work and in the absence of the Engineer will be subject to rejection.

Normal hours of work fall between 7: 00 A.M. and 5:00 P. M. Monday through Friday excluding City holidays. Obtain approval from the City for any work between the hours of 5 P. M. and 7 A.M., or on Saturday, Sunday or City holidays pursuant to Chapter 13 of Title 5 of the Emeryville Municipal Code.

SECTION 5-1.02 CONTRACT COMPONENTS
Replace Section 5-1.02 Contract Components with the following:

A component in one contract part applies as if appearing in each. The parts are complementary and describe and provide for complete work. These standard specifications work in conjunction with:

1. project plans;

2. engineering standards;

3. standard plans;

4. manufacturer’ s recommendations.

Where materials and methods are specified, details in plans and standards are to be consulted to provide full information needed to complete installations.

If a discrepancy exists, the governing ranking of Contract parts in descending order is:

1. All Approved Contract Change Orders to the Agreement

2. Construction Agreement

3. Notice Inviting Bids

4. Bid or Proposal accepted by the City

5. project special provisions;

6. project plans;

7. Part B General Provisions

8. City engineering standards; Including Greenbook, 2015 Edition Parts 2 through 6

9. City standard specifications;

10. State standard specifications;

11. State standard plans;

12. Written numbers and notes on a drawing govern over graphics;

13. A detail drawing governs over a general drawing;

14. A detail specification governs over a general specification;

15. A Specification in a section governs over a specification referenced by that section.

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Where manufacturer' s recommendations for installation are more stringent than those prescribed in the standard specifications or the special provisions, the manufacturer' s recommendations will take precedence. This condition may be waived at the discretion of the Engineer.

Working drawings must be submitted in compliance with the provisions in Section 5-1.23.

SECTION 5-1.02B SEQUENCING
Add Section 5-1.02B Sequencing as follows:

Work within any block must be finished and the right- of-way completely restored ( including finished pavement) prior to commencing work at any other permitted location or along any other portion of a permitted route. The Engineer may grant exceptions for permitted activities with low impacts to traffic ( e.g. directional bore).

SECTION 5-1.09 PARTNERING
Delete Section 5-1.09 Partnering.

SECTION 5-1.12 ASSIGNMENT
Replace Section 5-1.12 Assignment with the following:

The performance of all or any part of the Contract may not be assigned. Further, the right to receive any or all Contract payments may not be assigned.

SECTION 5-1.13 SUBCONTRACTING
SECTION 5-1.13A GENERAL
Replace 5th paragraph in Section 5-1.13A General with the following:

Perform work equaling at least 40 percent of the value of the original total bid with your employees, equipment, rental equipment with operator or rental equipment without operators.

SECTION 5-1.13B DISADVANTAGED BUSINESS ENTERPRISE
Delete Section 5-1.13B Disadvantaged Business Enterprise.

SECTION 5-1.13C DISABLED VETERAN BUSINESS ENTERPRISES
Delete Section 5-1.13C Disabled Veteran Business Enterprises.

SECTION 5-1.13D NON- SMALL BUSINESSES
Delete Section 5-1.13D Non- Small Businesses.

SECTION- 1.15 MEANS & METHODS
Add 5-1.15 Means and Methods
The City will not have control over, be in charge of, nor be responsible for construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the work, since these are solely Contractor' s responsibility.

The City or adjacent property owner may perform other work adjacent to or within the project area, concurrent with the Contractor' s operations. The Contractor shall cooperate fully with the City in all operations which coincide with other work being performed and provide City with such scheduling and other information as may be required by the City to perform such other work. The Contractor shall conduct operations to minimize interference with the work of other forces or contractors performing such work. This work performed by a second contractor may include work which is incomplete or in dispute with the Contractor.

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Any disputes or conflicts which may arise between the Contractor and any other forces or contractors retained by the City, causing delays or hindrance to each other, shall be referred to the Engineer for resolution.

The City shall have the right at any time during the progress of this work to take over and place in service any completed or partially completed portion of the work, notwithstanding the time for completion of the entire work or such portions which may not have expired; but such taking possession thereof shall not be deemed an acceptance of any of the work, nor work on those portions not completed in accordance with the Contract Documents.

SECTION 5-1.16 REPRESENTATIVE
Add to Section 5-1.16 Representative with:

If such project superintendent is not present, the City may deduct from the contract price an amount equivalent to the reasonable hourly rate for a superintendent for each hour or fraction thereof such person is not present on the project site.

SECTION 5-1.17 CHARACTER OF WORKERS
Add to Section 5-1.17 Character of Workers the following:

If in the opinion of the Engineer, any person associated with the Project including but not limited to an employee of the Contractor fails, to comply with Contract provisions after receiving either written or oral notification, at the discretion of the Engineer, that person must not again be employed on the work or project.

SECTION 5-1.18 CHANGE DUE TO MATERIALLY DIFFERENT CONDITIONS Add 5-1.18 Change Orders Due To Materially Different Conditions If any of the conditions set forth in Sections 5-1.16 " Hazardous Waste in Excavation" and 5-1.17 " Trenching Conditions" above, are encountered, the City will promptly investigate the conditions, and if it finds that ( 1) the conditions do materially differ, or do involve hazardous waste, and ( 2) cause a decrease or increase in the contractor' s cost of, or the time required for, performance of any part of the work, the City will issue a change order under the procedures described in the Standard Specifications Section 4-1.03.

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

SECTION 5-1.20B PERMITS. LICENSES, AGREEMENTS, AND CERTIFICATIONS SECTION 5-1.20B( 3) AFTER AWARD
Add to Section 5-1.20B( 3) After Award as follows:

Contractor is required to prepare and Submit a Waste Management Plan. On- line Plan Prep Tools are available at www. emeryville. wastetracking. com. Paper Plan Prep tool are available at http:/// emeryville. org/ DocumentCenter/ View/ 10133. As of August, 2018 online tools cost 1/ 3 of the paper tools cost.

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SECTION 5-1.20B( 4) CONTRACTOR– PROPERTY OWNER AGREEMENT Add to Section 5-1.20B( 4) Contractor– Property Owner Agreement as follows:

Obtain approval of City Engineer of a Construction Stormwater Pollution Prevention Plan in accordance with Article 3, Chapter 13, Title 6 of the City of Emeryville Municipal Code, and any permit that may be required in accordance with Chapter 5, Title 7 of the City of Emeryville Municipal Code, for the stockpiling of materials in the City. Dispose of all materials not used in work in a legal manner.

Prior to use, furnish the Engineer evidence that properties have required permits, licenses and clearances to be a temporary storage site for stockpiling.

SECTION 5-1.20B( 5) COMPLY WITH LOCAL, STATE AND FEDERAL REGULATIONS Add Section 5-1.20B( 5) Comply with Local, State and Federal Regulations as follows:

You are responsible to comply with all local, state and federal rules, regulations and statutes as it relates to the work under the Contract in compliance with the Contract Documents.

Should you fail to meet the requirements of a permit or rule, regulation or statute as it pertains to work under the Contract, and the City has notice of an impending fine or mitigation measure to be levied or imposed against the City, the City may withhold payment or portions of payment in compliance with Section 9-1.16E in an amount sufficient to satisfy any fine or mitigation measure that may be levied or imposed on the City in addition to any other retention held.

SECTION 5-1.20G CITY AUTHORIZATIONS AND PERMITS
Add Section 5-1.20G City Authorizations and Permits as follows:

If you desire to discharge to the sanitary sewer, you must receive prior permission from the East Bay Municipal Utility District ( EBMUD) Wastewater Collection Supervisor and the City. Flushing waterlines must comply with Section 77- 3.

If permission to discharge requires an Industrial User Discharge Permit, you must submit an Industrial User Discharge Permit Application to EBMUD’ s Wastewater Collection Supervisor and the City Environmental Programs Manager. You must comply with all conditions of the issued permit and pay all applicable fees. Maintain proof of authorization to discharge at the job site at all times and provide that information to Engineer upon request.

An Alameda County Fire Protection District ( a.k.a. Fire Department) permit is required prior to crossing any liquid petroleum or high- pressure gas main. If a prior encroachment conflicts with the proposed work, you must arrange for any necessary removal or relocation with the prior permittee. Any such removal or relocation will be at no expense to the City.

Before using explosives in work, you must receive authorization from the Engineer and obtain a permit for use from the Alameda County Fire Protection District ( a.k.a. Fire Department). You may also be required to increase the amount of insurance coverage if, in the opinion of the Engineer, your insurance does not include sufficient coverage for use of explosives.

SECTION 5-1.23 SUBMITTALS
SECTION 5-1.23A GENERAL
Replace Section 5-1.23A General with the following:

Submittals are required for ( i) materials and equipment not specified by standards, or a trade name and number, ii) for working drawings. Submittals are also required when specified in the contract documents, and Regulatory Requirements.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-19 3/5/2024
Where products are clearly identified by standards or trade names and no substitution is proposed, no submittal is required.

Submit adequate descriptive information, from which the Engineer can determine if the proposed ( i) materials, ii) equipment, or ( iii) working drawings are in compliance to the design concept and in compliance with the contract documents. Submittal must consist of ( i) drawings, ( ii) specifications, ( iii) calculations, ( iv) descriptive data, ( v) certificates, ( vi) samples, ( vii) MSDS sheets, ( viii) test results, and ( ix) information required in the specifications.

Submittal will be reviewed for general compliance with the design concept and general compliance with the information given in the contract documents. Submittals will not be reviewed for ( i) quantities, ( ii) dimensions, ( iii) coordination with the work of other trades, or ( iv) construction safety precautions, all of which are your sole responsibility. Review of a specific item does not indicate acceptance of an assembly of which the item is a component. The Engineer and contract designer are not required to review and will not be responsible for any deviations from the contract documents not clearly noted. Partial submittals and partial grouped submittals will not be reviewed.

SECTION 5-1.23A( 1) COORDINATION
Add Section 5-1.23A( 1) Coordination as follows:

Submittals must be furnished by you to the Engineer. You must coordinate, compile and submit all required submittals from suppliers and subcontractors to the Engineer. All communications between you and a contract designer must be written and submitted to the Engineer to furnish to contract designer.

SECTION 5-1.23A( 2) ORGANIZATION
Add Section 5- 1.23A( 2) Organization as follows:

Submittals must be accompanied with a transmittal. Contractor and City shall coordinate regarding an appropriate and acceptable indexing system to accompany transmittals.

SECTION 5-1.23D DEVIATION FROM CONTRACT
Add Section 5-1.23D Deviation from Contract as follows:

If you propose to provide any material, equipment or working drawings which deviates from the contract requirements, indicate this on the transmittal form accompanying the submittal. In the transmittal provide a brief description of submittal and why the deviation is requested and compare the material, coatings, mechanical functions, energy efficiency and warranty differences between the material specified and the material submitted.

SECTION 5-1.23E SUBMITTAL COMPLETENESS
Add Section 5-1.23E Submittal Completeness as follows:

Submittals which do not contain all the information required to allow the Engineer to make a determination as to the submittal’ s acceptability and compliance with the project documents, will be returned without a complete review.

A resubmittal must be made.

SECTION 5-1.23F SUBMITTAL PACKAGE
Add Section 5-1.23F Submittal Package as follows:

Group submittals are to be made to expedite the review process and to reduce the likelihood of conflicts among submittals. Submittals for various items must be made as a single submittal when the items taken together constitute a manufacturer' s package or are so functionally related that expediency indicates checking or review of the group or package as a whole. Conversely, various items which are not functionally related must be submitted separately.

Submittal packages which are not appropriately grouped will be returned without review. Provide one complete DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-20 3/5/2024
portable document format ( PDF) file of each submittal to the Engineer. If you are unable to provide electronic documents, provide two complete copies of each submittal to the Engineer. The Engineer will retain one copy of the submittal and make good faith efforts to return one package to you within three weeks. Submittals that require review by a City consultant designer will require one additional copy of the submittal as well as one additional week of review time. Submittals that require review by an outside agency or utility company will require one additional copy of the submittal and additional review time as determined by the outside agency or utility company.

SECTION 5-1.23G RETURNED SUBMITTALS
Add Section 5-1.23G Returned Submittals as follows:

Returned submittals will indicate one of the following actions.

1. No Exceptions Taken – The review indicates that the material, equipment, or work method is in compliance with the design concept and complies with the contract documents. You may begin implementing the work method or incorporate the material or equipment covered by the submittal.

2. Make Corrections Noted – The review indicates limited corrections are required to the submittal in order for the material, equipment, or work method to be in compliance with the design concept and to comply with the contract documents. You may begin implementing the work method or incorporating the material and equipment covered by the submittal in compliance with the noted corrections. Where submittal information will be incorporated in Operation and Maintenance data, a corrected copy must be provided.

3. Revise and Resubmit – The review indicates that the submittal is insufficient or contains incorrect data. Except at your own risk, you may not undertake work covered by this submittal until it has been revised, resubmitted and returned marked either " No exceptions taken" or " Make corrections noted."

4. Rejected – The review indicates that the material, equipment, or work method is not in compliance with the design concept and not in compliance with the contract documents. Except at your own risk, you may not undertake the work covered by such submittals until a new submittal is made and returned marked either " No exceptions taken" or " Make corrections noted."

5. Information Only – The review indicates that the submittal contains contract required information.

SECTION 5-1.23H RESPONSIBILITY
Add Section 5-1.23H Responsibility as follows:

Review of working drawings or submittals does not relieve Contractor of responsibility for errors and does not indicate an assumption of risks or liability by the City, or by any officer or employee of City, or by any consulting firm conducting the review on behalf of the City and Contractor shall have no claim under the Contract on account of the failure, or partial failure, of the method of work, material or equipment reviewed. A mark of " No exceptions taken" or " Make corrections noted" means that the City has no objection to you using the plan, method of work proposed or providing the materials or equipment proposed.

SECTION 5-1.23I CHARGES FOR THIRD PARTY SUBMITTAL REVIEW Add Section 5-1.23I Charges for Third Party Submittal Review as follows:

The Engineer will allow up to two reviews of each submittal. If Contractor is required to make a third or subsequent submittal for any item, then the costs of the additional reviews will be at Contractor’ s expense. The cost of the review will be deducted from payments due. The cost of the review by contract professional services will be on a time and materials basis at standard company billing rates. Billing for this expense will be in compliance with Section 9-1.23.

SECTION 5-1.26 CONSTRUCTION SURVEYS
Replace Section 5-1.26 Construction Surveys with the following:
5-1.26A General
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Contractor must provide the necessary horizontal and vertical survey control for the completion of the work.

Survey work must be performed by a Licensed Land Surveyor or a Registered Civil Engineer.

Control must be provided for site grading, significant layout, or as directed by the Engineer. Control must be provided in the same system of units as shown. Contractor must provide surface grade control every 50 feet and at grade breaks and begin and end of curves. Contractor must mark the control points in the field and provide a printed sheet with the point information, site layout, and control point layout to the Engineer. 5-1.26B Payment
Full compensation for work specified in Section 5-1.26A and applicable engineering standards is included in the payment for other bid items unless a bid item of work is shown on the bid item list.

SECTION 5-1.27E CHANGE ORDER BILLS
Replace Section 5-1.27E Change Order Bills with the following:

Contractor must deliver all Change Order Bills and support documents and disputed work daily agreements in writing to the Engineer. A Change Order Bill will not be accepted by the Engineer unless prior approval for the work has been given. A change order is approved when Contractor and the Engineer have each approved it in writing.

SECTION 5-1.32 AREAS FOR USE
Add to Section 5-1.32A Areas for Use the following:

Personal vehicles of contractor employees, construction equipment, and the contractor’ s vehicle must be parked in areas approved by the Engineer.

SECTION 5-1.36 PROPERTY AND FACILITIES PRESERVATION
SECTION 5-1.36A GENERAL
Add to Section 5-1.36A General the following:

12. Infrastructure

13. street surfacing

14. traffic stripes

15. pavement markings and markers

16. survey monuments

17. bench marks

18. utilities

19. trees

20. traffic signal equipment including interconnecting conductors

21. other public fixtures

22. EV charging stations and related conduit.

Contractor shall comply with California Government Code § 4216 et seq. Contractor shall notify the Engineer at least 3 business days before Contractor contacts the regional notification center. Failure to contact the notification center prohibits excavation.

Restore facilities in kind in compliance with appropriate specifications, standards, and plans.

Before surfacing is to be applied all personnel covers, drain inlet covers, monument covers, and all other utility covers shall be protected from the Contractor’ s surfacing operations by applying a sheet of plastic, cut to fit, or placing a plastic bag over the exposed facilities or other methods approved by the Engineer.

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Monuments and benchmarks must comply with Section 5-1.36.

Where trees or tree roots are present in the work area, tree protection must comply with Section 77- 1.03A( 2)( g) and Chapter 2 and Chapter 7 of Title 7 of the Emeryville Municipal Code.

The Engineer reserves the right to require you to video inspect any storm drain or sanitary sewer service line or mainline suspected of damage by your operation. The Engineer may require a video inspection of the damaged facility. Provide written notification to the property owner, with a copy to the Engineer, prior to any modification, repair or replacement of the damaged facility which, in the case of a damaged sanitary sewer service line or mainline, shall all be conducted in compliance with Chapter 8 of Title 7 of the Emeryville Municipal Code.

Damage to property and facilities must be reported immediately to the Engineer.

Prior to beginning work Contractor shall determine the location of any underground facilities. Contractor shall contact Underground Service Alert at 811 and request all utility lines to be marked.

SECTION 5-1.36A( 1) TRENCHLESS OPERATIONS
Add Section 5-1.36A( 1) Trenchless Operations as follows:

When any trenchless method is used to install or repair a utility, all pressurized utility lines and sewer laterals that will be crossed must be pot- holed. Other State or Federal requirements may apply. When completing work by a directional bore, Contractor must field locate and verify the condition, type of material and depth of all service lines and mainlines to be crossed.

If the bore will provide at least 3 feet of clearance from sewer laterals, field locating of sewer laterals may be waived by the Engineer.

SECTION 5-1.36B LANDSCAPE
Add to Section 5-1.36B Landscape as follows:

Contractor shall repair minor damage to turf by top dressing to create an even grade with amended topsoil and seeding with an approved seed mix. Damage to turf in excess of 100 square feet may be required to be replaced with sod in City’ s sole discretion.
5-1.36C Railroad Property
Add to Section 5-1.36C.

If the Contract does not include an agreement with a railroad company, do not allow personnel or equipment on railroad property. Prevent material, equipment, and debris from falling onto railroad property.

SECTION 5-1.36D NONHIGHWAY FACILITIES
Replace Section 5-1.36D Nonhighway Facilities with the following:

Before starting work that could damage or interfere with underground infrastructure, locate the infrastructure described in the Contract, including laterals and other appurtenances, and determine the presence of other underground infrastructure inferred from visible facilities, such as buildings, meters, and junction boxes.

Underground infrastructure described in the Contract may be in different locations from those described, and additional infrastructure may exist.

Upon discovering an underground main or trunk line not described in the Contract, immediately notify the Engineer and the infrastructure owner. If the Engineer orders the locating and protecting of the infrastructure, then the locating and protecting of the infrastructure is change order work. If ordered, Contractor shall repair infrastructure damage. If the damage is not due to Contractor’ s negligence, the repair is change order work.

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Immediately notify the Engineer of a delay due to the presence of main- line underground infrastructure not described in the Contract or in a substantially different location.

Notify the Engineer if the infrastructure described in the Contract cannot be found. If after giving the notice, Contractor finds the infrastructure in a substantially different location from that described, efforts of Contractor to find the infrastructure is change order work.

The City may rearrange a nonhighway facility during the Contract. Rearrangement of a nonhighway facility includes installation, relocation, alteration, or removal of the facility.

The City may authorize facility owners and their agents to enter the highway to perform rearrangement work for their facilities or to make connections or repairs to their property. Coordinate activities to avoid delays. If necessary rearrangement of underground infrastructure is not described in the Contract, the Engineer may order Contractor to perform the work. The rearrangement is change order work.

Immediately notify the Engineer of a delay due to a rearrangement different from that described in the Contract.

If Contractor wants infrastructure rearrangement different from that described in the Contract, Contractor shall notify the Engineer, make an arrangement with the infrastructure owner, obtain authorization for the rearrangement from the Engineer and pay the infrastructure owner any additional cost.

The City does not adjust time or payment for a rearrangement different from that described in the Contract.

SECTION 5-1.36E SURVEY MONUMENTS
Add to Section 5-1.36E Survey Monuments as follows:

Contractor shall protect all survey monuments on and off the highway.

All survey and construction, maintenance or other work must be performed consistent with Section 8725 and 8771 of the California Business & Professions Code. Monuments and bench marks must be set by a Licensed Land Surveyor or a Registered Civil Engineer properly licensed to complete survey work. The City reserves the right to review the Land Surveyor or Engineer' s license to determine its validity.

Sufficient controlling monuments shall be retained or replaced in their original positions to enable property, right- of-way and easement lines, property corners, and subdivision and tract boundaries to be reestablished.

Anything that appears to be a monument or benchmark must be reported to the Engineer prior to construction or disturbance. A Licensed Land Surveyor must locate and reference known monuments or benchmarks that will be disturbed by construction activities. A corner record shall be filed with the County prior to construction for any monument or benchmark that will be disturbed by construction. The corner record must detail the location of the monument and any tie- outs. Should the existing survey monument be disturbed or destroyed during construction, it must be reset at the previous location. All tie- outs must be removed after the original monument is re- established. Should any existing bench mark be disturbed or destroyed during construction, a new one must be set at a nearby, but different, location than the existing, as determined by the Engineer prior to construction. For monuments, a corner record must be filed with the County and a copy delivered to the Engineer before and after construction. For bench marks, documentation of the transferred bench mark, including a location map, field notes and surveyor certification, must be delivered to the Engineer prior the project acceptance. Damaged or disturbed property corners must be replaced by a Land Surveyor at the contractor’ s or owner’ s expense.

Upon discovery of a survey monument not identified and located immediately stop work near the monument and notify the Engineer. Do not resume work near the monument until authorized by the Engineer.

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SECTION 5-1.38 MAINTENANCE AND PROTECTION RELIEF
Add to Section 5-1.38 Maintenance and Protection Relief as follows:

However, nothing in this Section 5-1.38 providing for relief from maintenance and responsibility will be construed as relieving Contractor of full responsibility for correcting any defective work or materials found at any time.

SECTION 5-1.39 DAMAGE REPAIR AND RESTORATION
SECTION 5-1.39A GENERAL
Add to Section 5-1.39A General as follows:

Contractor must immediately repair or install approved alternate to any facility missing, damaged or non- operational as a result of its work, prior to continuing with the other Contract work. If the repairs are not made as required, Contractor agrees to the cost of those repairs made by others at the City’ s direction in compliance with Section 9-

1.23. SECTION 5-1.39C LANDSCAPE DAMAGE
SECTION 5-1.39C( 1) GENERAL
Add to the end of the 1st paragraph of Section 5- 1.39C( 1) General as follows:
or permanent erosion control establishment.

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6 CONTROL OF MATERIALS
The Bidder' s attention is directed to the provisions in Division I, Section 6, Control of Materials, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/ she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 6, Control of Materials, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 6-1.04 BUY AMERICA
Add to Section 6-1.04 Buy America as follows:

This section is applicable only as directed in the special provisions.

SECTION 6- 1.05 SPECIFIC BRAND OR TRADE NAME AND SUBSTITUTION Replace Section 6-1.05 Specific Brand Or Trade Name And Substitution with the following:

Whenever the specifications permit the substitution of a similar or equivalent material or article, no tests or action relating to the approval of the substitute material will be made until Contractor’ s request for substitution is made in writing accompanied by complete data as to the equality of the material or article proposed. The request must be made a minimum of ten working days prior to the bid opening date identified in the Notice to Bidders.

Substitutions requested after bid opening must be made in ample time to permit approval without delaying the work. Requests for substitutions must comply with Section 5-1.23.

Any substitutions that are approved must be furnished without additional cost to the City. If any changes are required for the proper installation and fit of alternative materials or equipment, or because of deviations from the contract plans and specifications, such changes must not be made without the consent of the Engineer and must be made without additional cost to the City.

SECTION 6- 2 QUALITY ASSURANCE
SECTION 6-2.01 GENERAL
SECTION 6- 2.01A GENERAL
Modify table in 7th paragraph regarding California Test for Relative compaction with the following:

Testing method for Relative Compaction is:

1. ASTM D-1557

2. ASTM D-2922

3. ASTM D-3017
SECTION 6-2.01B AUTHORIZED FACILITY AUDIT LISTS
Delete Section 6-2.01B Authorized Facility Audit Lists.

SECTION 6-2.01C AUTHORIZED MATERIAL LISTS
Delete Section 6-2.01C Authorized Material Lists.

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7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
The Bidder' s attention is directed to the provisions in Division I, Section 7, Legal Relations And Responsibility To The Public, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/ she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 7, Legal Relations And Responsibility To The Public, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 7- 1.02I( 2) NONDISCRIMINATION
Replace Section 7-1.02I( 2) Nondiscrimination with the following:

Under 2 CA Code of Regs § 11105:

1. During the performance of this contract the recipient, contractor, and its subcontractors shall not deny the contract' s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

2. Contractor shall comply with the provisions of the Fair Employment and Housing Act ( Gov. Code, § 12900 et seq.), the regulations promulgated thereunder ( Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code ( Gov. Code, §§ 11135- 11139. 5), and the regulations or standards adopted by the awarding state agency to implement such article.

3. Contractor or recipient shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.

4. Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

5. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

Under 2 CA Code of Regs § 11122:

STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION CONTRACT SPECIFICATIONS ( GOV. CODE SECTION 12990)
These specifications are applicable to all state contractors and subcontractors having a construction contract or subcontract of $ 5,000 or more.

1. As used in the specifications:
a. " Act" means the Fair Employment and Housing Act.
b. " Administrator" means Administrator, Office of Compliance Programs, California Department of Fair Employment and Housing, or any person to whom the Administrator delegates authority;

2. Whenever the contractor or any subcontractor subcontracts a portion of the work, it shall include in each subcontract of $ 5,000 or more the nondiscrimination clause in this contract directly or through incorporation by reference. Any subcontract for work involving a construction trade shall also include the Standard California Construction Contract Specifications, either directly or through incorporation by DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-27 3/5/2024
reference.

3. The contractor shall implement the specific nondiscrimination standards provided in paragraphs 6(a) through ( e) of these specifications.

4. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer members of any group protected by the Act shall excuse the contractor' s obligations under these specifications, Government Code section 12990, or the regulations promulgated pursuant thereto. 5. In order for the nonworking training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities.

Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.

5. In order for the nonworking training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.

6. The contractor shall take specific actions to implement its nondiscrimination program. The evaluation of the contractor' s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor must be able to demonstrate fully its efforts under steps a. through e. below:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and at all facilities at which the contractor' s employees are assigned to work. The contractor shall specifically ensure that all foremen, superintendents, and other on- site supervisory personnel are aware of and carry out the contractor' s obligations to maintain such a working environment. b. Provide written notification within seven days to the director of the DFEH when the referral process of the union or unions with which the contractor has a collective bargaining agreement has impeded the contractor' s efforts to meet its obligations. c. Disseminate the contractor' s equal employment opportunity policy by providing notice of the policy to unions and training, recruitment and outreach programs and requesting their cooperation in assisting the contractor to meet its obligations; and by posting the company policy on bulletin boards accessible to all employees at each location where construction work is performed. d. Ensure all personnel making management and employment decisions regarding hiring, assignment, layoff, termination, conditions of work, training, rates of pay or other employment decisions, including all supervisory personnel, superintendents, general foremen, on- site foremen, etc., are aware of the contractor' s equal employment opportunity policy and obligations, and discharge their responsibilities accordingly.
e. Ensure that seniority practices, job classifications, work assignments, and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the equal employment opportunity policy and the contractor' s obligations under these specifications are being carried out.

7. Contractors are encouraged to participate in voluntary associations that assist in fulfilling their equal employment opportunity obligations. The efforts of a contractor association, joint contractor- union, contractor- community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on equal employment opportunity in the industry, ensures that the concrete benefits of the program are reflected in the contractor' s workforce participation, and can provide access to documentation that demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the Contractor' s.

8. The contractor is required to provide equal employment opportunity for all persons. Consequently, the contractor may be in violation of the Fair Employment and Housing Act ( Government Code section 12990 DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-28 3/5/2024
et seq.) if a particular group is employed in a substantially disparate manner.

9. The contractor shall not use the nondiscrimination standards to discriminate against any person because race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

10. The contractor shall not enter into any subcontract with any person or firm decertified from state contracts pursuant to Government Code section 12990.

11. The contractor shall carry out such sanctions and penalties for violation of these specifications and the nondiscrimination clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Government Code section 12990 and its implementing regulations by the awarding agency. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Government Code section 12990.

12. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by OCP and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, status, ( e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in any easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

SECTION 7-1.02K LABOR CODE
SECTION 7-1.02K( 1) GENERAL
SECTION 7-1.02K( 2) WAGES
SECTION 7-1.02K( 3) CERTIFIED PAYROLL RECORDS ( LABOR CODE § 1776) Replace Section 7-1.02K( 1) General, Section 7-1.02K( 2) Wages, and Section 7-1.02K( 3) Certified Payroll Records ( Labor Code § 1776) with the following:

Work on the job site must comply with Labor Code § 1720 et seq. and 8 CA Code of Regulations § 16000 et seq.

Work includes roadside production and processing of materials and hauling and delivery of ready- mix concrete.

1. LABOR CODE REQUIREMENTS. In the performance of this Contract, Contractor’ s attention is directed to the following requirements of the Labor Code:

A. Hours of Labor. Eight hours labor constitutes a legal day’ s work. Contractor shall forfeit, as penalty to City, $ 25 for each worker employed in the performance of the Contract by Contractor or by any subcontractor under it for each calendar day during which such worker is required or permitted to work more than eight hours in any one day and 40 hours in any one calendar week in violation of the provisions of the California Labor Code and in particular, Sections 1810 to 1815, inclusive. Work performed by employees of the Contractor in excess of eight hours per day and 40 hours during any one week shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one- and- one- half times the basic rate of pay, as provided in Section 1815.

B. Prevailing Wages. Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive. In accordance with Section 1775, the Contractor shall forfeit as a penalty to City an amount as determined by the Labor Commissioner not to exceed $ 200 for each calendar day or portion thereof for each worker paid less than stipulated prevailing wage rates for such work or craft in which such worker is employed for any work done under the contract by him or by any subcontractor under it in violation of the revisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor. Pursuant to the provisions of Section 1773 of DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-29 3/5/2024
the Labor Code, the City has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work applicable to the work to be done from the Director of the Department of Industrial Relations. Copies of the prevailing wage rates are on file at the City and are available for review upon request. Pursuant to § 1773. 2 of the Labor Code, the Contractor shall post general prevailing wage rates at a prominent place at the site of the work.

C. Payroll Records. Effective January 1, 2016, Contractor and each subcontractor shall submit electronic certified payroll records to the California Labor Commissioner in the manner and format set forth in California Labor Code Section 1771. 4. The Contractor' s attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by his subcontractors.
a) Each contractor and 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.

Submitted certified payrolls for hauling and delivering ready- mixed concrete and other offsite batch mixed materials must be accompanied by a written time record. The time record must include:

1. Truck driver' s full name and address

2. Name and address of the factory or batching plant

3. Time the concrete was loaded at the factory or batching plant

4. Time the truck returned to the factory or batching plant Truck driver' s signature certifying under penalty of perjury that the information contained in this written time record is true and correct
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. ii) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
iii) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.
c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. d) The Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of a written request.

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e) Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of the Contractor shall not be marked or obliterated.
f) The Contractor shall inform the City of the location of records enumerated under subdivision a), including the street address, city and City, and shall, within five working days, provide a notice of a change of location and address.
g) In the event of noncompliance with the requirements of this Section, the Contractor shall have ten ( 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, the Contractor shall, as a penalty the State or the City, forfeit One Hundred Dollars ($ 100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The penalties specified in subdivision ( g) of Labor Code Section 1776 for noncompliance with the provisions of said Section 1776 may be deducted from any monies due or which may become due to the Contractor. h) The Contractor and each subcontractor shall preserve their payroll records for a period of three 3) years from the date of completion of the Contract.

D. Labor Non- discrimination. Attention is directed to Section 1735 of the Labor Code which provides that Contractor shall not discriminate against any employee or applicant for employment because of race or color, religion, physical or mental disability, national origin or ancestry, medical condition, marital status or sex of such persons, except as provided in Section 12940 of the Government Code. Contractor further agrees to include a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials.

E. Apprentices. The Contractor and all subcontractors shall comply with the requirements of California Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 regarding the employment and of apprentices.

F. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, the Contractor will be required to secure the payment of workers' compensation to its employees in accordance with the provisions of Section 3700 of the Labor code.

Prior to commencement of work, the Contractor shall sign and file with the City, a certification in the following form:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
Said certification is included in the Contract, and signature and return of the Contract as provided in Section G3. 03, " Execution of Contract," of the General Conditions, shall constitute signing and filing of the said certificate.

SECTION 7-1.02K( 6) OCCUPATIONAL SAFETY AND HEALTH STANDARDS SECTION 7-1.02K( 6)( B) EXCAVATION SAFETY
Add to Section 7-1.02K( 6)( b) Excavation Safety as follows:

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Comply with Labor Code 6705 and 6707. Comply with Public Contracts Code 7104.

SECTION 7-1.02L PUBLIC CONTRACT CODE
SECTION 7-1.02L( 1) GENERAL
Replace Reserved in Section 7-1.02L( 1) General with the following:

1. CLAIMS PROCEDURES. Compliance with all change order procedures is a prerequisite to filing a Public Contract Code Claim pursuant to this Section. Claims must be submitted no later than ( a) 30 days after the dispute resolution process set forth in Section 5-1.43 is complete or ( b) 30 days after the occurrence of the event giving rise to the claim.

In accordance with the procedures set forth in Public Contract Code Sections 9204 and 20104- 20104. 6, a Contractor may submit a claim by registered or certified mail with return receipt requested, for one or more of the following: ( a) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City; ( b) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or ( c) payment of an amount that is disputed by the City.

The Contractor shall furnish reasonable documentation to support the claim, including but not limited to: 1) a clear, concise recital of the basis upon which the claim is asserted, including a designation of the provisions of the Contract upon which the claim is based, 2) a statement as to the amount of time and/ or compensation sought pursuant to the claim; 3) whether the Contractor’ s claim arises from an ongoing occurrence, and if so a description of the specific Work activities affected by the claim, 4) a time impact analysis in the event that Contractor requests a time extension, 5) full and complete cost records supporting the amount of any claim for additional compensation, and 6) a notarized certification by the Contractor as follows: “ Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et seq., the undersigned hereby certifies that the information contained herein is a true, accurate and complete statement of all features relating to the claim asserted.” Failure by the Contractor to provide sufficient documentation will result in denial of the claim. The City reserves the right to request additional documentation, or clarification of the documentation provided.

Upon receipt of a claim, the City will conduct a reasonable review and provide a written statement to the Contractor identifying what portion of the claim is disputed and what portion is undisputed within 45 days of receipt of the claim. The City and Contractor may, by mutual agreement, extend the 45 day time period. For any undisputed portion of a claim, the City must make payment within 60 days of its issuance of the written statement.

If the Contractor disputes the City' s written statement, or if the City fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute. The City will then schedule the meet and confer conference within 30 days of the demand. Within 10 business days following the meet and confer conference, the City will provide a written statement identifying the portion of the claim that remain in dispute. Any payment due on an undisputed portion of the claim will be made within 60 days of the meet and confer conference.

After the meet and confer conference, any disputed portion of the claim shall be submitted to nonbinding mediation. Alternatively, upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable. If mediation is unsuccessful, the parts of the claim that remain in dispute shall be subject to applicable procedures set forth below.

Failure of a public entity to respond to a claim within the time periods described above shall result in the claim being deemed rejected in its entirety. Additionally, amounts not paid in a timely manner shall bear interest at 7 percent per year.

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In the event that the mediation is unsuccessful, Contractor must file a government claim pursuant to Government Code Sections 910 et seq. in order to initiate a civil action.

In any civil action filed to resolve claims, the court shall submit the matter to nonbinding mediation within 60 days following the filing or responsive pleading, provided that the parties have not already participated in mediation of the claim as outlined above. If the matter remains in dispute after nonbinding mediation, the court shall submit the matter to judicial arbitration pursuant to Code of Civil Procedure Section 1141. 10 et seq.

If the matter remains in dispute after judicial arbitration, the City or the Contractor may request a trial de novo.

2. UTILITY RELOCATION. Pursuant to California Government Code Section 4215, if during the course of the work the Contractor encounters utility installations which are not shown or indicated in the contract plans or in the specifications or which are found in a location substantially different from that shown, and such utilities are not reasonably apparent from visual examination of the work site, then it shall promptly notify the City in writing. Where necessary for the work of the Contract, the City will amend the contract to adjust the scope of work and the compensation to allow the Contractor to make such adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions from the City, then it shall be liable for any or all damage to such utilities or other work of the Contract which arises from its operations subsequent to the discovery, and it shall repair and make good such damage at its own cost.

3. PUBLIC WORKS REGISTRATION. The Contractor must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725. 5. This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771. 4. The Contractor shall furnish the records specified in Labor Code Section 1776 directly to the Labor Commissioner, monthly in a format prescribed by the Labor Commissioner.

4. USE OF SUBCONTRACTORS. Contractor shall not subcontract any work to be performed by it under this Contract without the prior written approval of the City. Contractor shall be solely responsible for reimbursing any subcontractors and City shall have no obligation to them. Attention is directed to the requirements of Sections 4100 to 4113, inclusive, of the California Public Contract Code which are applicable to this Contract.

Each Contractor shall list the name and business address of each subcontractor to whom the Contractor proposes to subcontract a portion of the work in an amount in excess of one- half of one percent ( 0.5%) of the Total Contract Price, along with a description of the portion of the work which shall be done by each subcontractor, by executing the “ List of Subcontractors” form attached to this Contract

5. CONTRACTOR’ S LICENSE REQUIREMENTS. Contractor and any approved subcontractors shall hold such current and valid Contractor’ s Licenses as required by California Law.

6. NON- COLLUSION DECLARATION. Pursuant to Public Contract Code Section 7106, Contractor shall execute a Non- Collusion Declaration, in a form provided by City, which is attached and incorporated herein.

7. EXCAVATION. If applicable, in accordance with state law ( Public Contract Code Section 7104), with respect to any work involving digging trenches or excavations that extend deeper than four feet, the Contractor shall notify the City promptly in writing of any of the following conditions: ( a) material that the Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law; ( b) subsurface or latent physical conditions at the site differing from those indicated; ( c) unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. Contractor shall notify the City of such conditions prior to disturbing them and shall await direction from the City as to how to proceed.

8. TRENCH SAFETY. For all contracts over $ 25, 000, excavation for any trench 5 feet or more in depth shall not begin until the Contractor has received approval from the City, of the Contractor’ s detailed plan for DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-33 3/5/2024
worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall be submitted at least 5 days before the Contractor intends to begin excavation for the trench and shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring, sloping or a protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety; and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Engineer in the State of California. Attention is directed to the provisions of Section 6705 of the Labor Code concerning trench excavation safety plans.

9. SOUND CONTROL REQUIREMENTS. The Contractor shall comply with all State and local sound control and voice level rules, regulations and ordinances which apply to any work performed pursuant to the contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

General construction noise shall be limited to weekdays from 7: 00 am to 6: 00 pm. Pile Driving and similarly loud activities shall be limited to weekdays from 8: 00 am to 5:00 pm.

Pre- construction noise including, but not limited to loading and unloading, cleaning of mechanical toilets, maintenance of vehicles, deliveries, truck idling, backup beeps, yelling and radios, is also limited to the general construction noise hours.

The Director may allow construction noise to occur beyond the general construction noise hours provided a noise waiver is granted pursuant to the Emeryville Municipal Code.

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

10. PRESERVATION OF PROPERTY. Attention is directed to Section 7 1.12, " Indemnification and Insurance," and to Section 8 1.10, " Utility and Non- Highway Facilities." Due care shall be exercised to avoid injury to existing highway improvements or facilities, utility facilities, adjacent property, and roadside trees, shrubs and other plants that are not to be removed.

Roadside trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and water lines, all highway facilities and any other improvements or facilities within or adjacent to the highway shall be protected from injury or damage, and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards, accepted by the Engineer, to protect the objects from injury or damage. If the objects are injured or damaged by reason of the Contractor' s operations, the objects shall be replaced or restored at the Contractor' s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications accompanying the Contract, if any of the objects are a part of the work being performed under the Contract. The Engineer may make or cause to be made those temporary repairs that are necessary to restore to service any damaged highway facility. The cost of the repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due to the Contractor under the Contract.

11. PAYMENT BOND. For all contracts over $ 25, 000, the successful Bidder shall provide a payment bond in the amount equal to one hundred percent ( 100%) of the Total Contract Price and issued by a California admitted surety. The payment bond shall provide the City with security for Contractor’ s full payment to all subcontractors for costs of materials, equipment, supplies, and labor furnished in the course of the performance DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-34 3/5/2024
of the Contract. Full compensation for furnishing the payment bond is included in the Total Contract Price.

12. RETENTION OF PROGRESS PAYMENTS. The City may retain five percent ( 5%) of the estimated value of the work done and five percent ( 5%) of the value of materials estimated to have been furnished and delivered and unused or furnished and stored as part security for the fulfillment of the Contract by the Contractor. Any time after fifty percent ( 50%) of the work has been completed, if the City finds that satisfactory progress is being made, the City may make any of the remaining progress payments in full for actual work completed in accordance with Public Contract Code Section 9203.

13. SECURITIES IN LIEU OF RETENTION. Pursuant to Public Contract Code Section 22300, the Contractor may elect, in lieu of having progress payments retained by the City, to deposit in escrow with the City, or with a bank acceptable to the City, securities eligible for investment under Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. If the Contractor elects to submit securities in lieu of having progress payments retained by the City, the Contractor shall, at the request of any subcontractor performing more than 5% of the Contractor’ s total bid, make the same option available to the subcontractor.

14. PROMPT PAYMENT TO CONTRACTOR. The City will make progress payments within thirty ( 30) days after receipt of an undisputed and properly submitted progress payment invoice pursuant to Section 20104. 50 of the Public Contract Code. No such payment will be made when, in the judgment of the Project Manager, ( a) the work is not proceeding in accordance with the provisions of the Contract; ( b) the Contractor is not complying with the requirements of the Contract; or ( c) when the total value of the work done as shown on the invoice does not exceed Three Hundred Dollars ($ 300. 00). No such invoice or payment will be construed to be an acceptance of any work or materials. Before any progress payment or the final payment is made, the Contractor may be required to submit satisfactory evidence that he is not delinquent in payments to its employees, subcontractors, suppliers or other creditors for labor and materials incorporated into the work.

Pursuant to Public Contract Code Section 20104. 50, if the City fails to make a progress payment in a timely manner, it shall pay interest to the Contractor at the legal rate set forth in Section 685. 010( a) of the California Code of Civil Procedure.

15. PROHIBITION AGAINST CONTRACTING WITH DEBARRED SUBCONTRACTORS. Contractor is prohibited from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777. 1 or 1777. 7 of the Labor Code.

16. THIRD- PARTY CLAIMS. Pursuant to Public Contracts Code Section 9201, City shall have full authority to compromise or otherwise settle any claim relating to the Contract at any time. City shall provide for timely notification to Design- Builder of the receipt of any third- party claim, relating to the contract. Notice shall be in writing and will be provided within thirty ( 30) days.

17. IRAN CONTRACTING ACT. The undersigned Bidder certifies that it is not, at the time of bidding, on the California Department of General Services ( DGS) list of persons determined to be engaged in investment activities in Iran or otherwise in violation of the Iran Contracting Act of 2010 ( Public Contract Code Section 2200- 2208).

18. ANTITRUST CLAIMS. The Contractor' s attention is directed to the following provision of Public Contract Code Section 7103. 5(b) which shall be applicable to the Contractor and its subcontractors:

In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all right, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act ( 15 U. S. C. Sec. 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 DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-35 3/5/2024
materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties."

19. RECORDS. Pursuant to Government Code Section 8546. 7, Contractor shall retain all project- related records for a period of five ( 5) years after final payment on this Contract, which shall be subject to audit or inspection by the City, ACTC or the State Auditor during this period.

Separate and apart from the obligations under Section 8546. 7, the City shall have the right to audit project records at City discretion under the following circumstances: ( a) submission of a Public Records Act request regarding the project; ( b) inability to resolve a disputed contract change order; or ( c) submission of a construction claim.

20. TRADE NAMES AND ALTERNATIVES. For convenience in designation in the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and its catalog information. Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, the use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended may be permitted, subject to the following requirements:
a. The Contractor shall submit its Bid for an alternative in writing. Such request shall be made in ample time to permit review and approval without delaying the work. b. No such Bid will be considered unless accompanied by complete information and descriptive data necessary to determine the equality of the offered materials, articles, or equipment.

Samples shall be provided when requested by the Project Manager. The Contractor shall satisfy the Project Manager as to the comparative quality, suitability or performance of the offered materials, articles or equipment. In the event that the Project Manager rejects the use of such alternative materials, articles or equipment, (" material") then one of the particular products designated by brand name will be furnished.
c. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and he shall furnish all information necessary as required by the Project Manager. The Project Manager shall be the sole judge as to the quality and suitability of alternative articles, equipment or materials and its decisions shall be final. Where use of an alternative material, article or equipment involves redesign of, or changes to, other parts of the work, the cost and the time required to effect such redesign or changes will be considered in evaluating the suitability of the alter- native material, article or equipment. Cost of redesign by the Project Manager will be borne by the Contractor.
d. Whenever classification, rating or other certification by a body such as UL or NEMA is a part of the specification for any material, proposal for use of alternative materials shall be accompanied by reports from the listed or equivalent recognized and industry accepted independent testing laboratory indicating compliance with specification requirements. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative material shall be only for the characteristics or use named in such approval and shall not be used to change or modify any Contract requirement.

21. PERMITS AND LICENSES. The Contractor shall procure all permits and licenses ( including OSHA permits pursuant to Labor Code Section 6500), pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.

The Environmental Quality Act ( Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State or local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.

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The Contractor shall comply with permits obtained by the City, if any, for the work.

SECTION 7-1.03 PUBLIC CONVENIENCE
Add to end of Section 7-1.03 Public Convenience as follows:

Public traffic includes all:

1. motorized vehicles

2. bicycles

3. pedestrian traffic

4. personal mobility devices.

Areas modified by you for use by pedestrians must provide adequate accessibility to meet Americans with Disabilities Act ( ADA) requirements. Where walkways are damaged, alternate walkways must be placed around the work site or other materials may be used to allow use of the area. Where plywood is used it must be a minimum of ¾ inch in thickness and beveled at the ends to prevent tripping, fastened down to prevent shifting and supported underneath as needed to prevent bowing. The Engineer may require cold mix to be placed to transition walkway to plywood.

Sidewalks must not be blocked without providing alternative path( s) of travel. Where excavations in pedestrian walkways are minor and do not restrict pedestrian walking area or create a hazard to the pedestrian, structurally sound walkways with safety railings must be provided over or around the excavated area. All walkway areas must comply with the Americans with Disabilities Act.

Where sidewalk and bike path facilities exist, a minimum width of four feet must be maintained at all times a must provide for a safe passage through the work area. At no time will pedestrians be diverted into a portion of the street used concurrently for motorized traffic. At locations where adjacent alternate walkways are not practical, the Engineer may approve sidewalk closures. Appropriate signs and barricades must be installed at the limits of construction and in advance of the closure at the nearest crosswalk or intersection to divert pedestrians across the street.

Provisions must be made to accommodate existing transit routes and stops. You must notify the Engineer at least 72 hours in advance of any work that will require rerouting or delay of a transit line or school bus. You must post any transit stop affected by the rerouting at least 48 hours in advance at the affected transit stop identifying the affected routes, days, and times.

Furnish the Engineer and utility companies with the names, addresses and telephone numbers of two individuals, before starting work that can be reached in case of emergency, 24 hours a day, throughout the duration of the job. These emergency contacts must be able to provide on- site response within one hour.

Do not close streets to traffic without written permission from the Engineer. However, in the absence of the Engineer, if the necessity for closing a street is absolute to prevent immediate danger to the public, you must immediately notify the:

1. Engineer

2. Police Department

3. Fire Department.

Provide access to and from all property adjacent to the work area where normal access existed prior to your work.

All:

1. traffic lanes

2. driveways

3. sidewalks
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4. street crossings

5. primary business entrances
must be usable at the end of the work day.

Add between the 9th and 10th paragraphs of Section 7- 1.03 Public Convenience the following:

If a height differential of more than 0.04 foot is created by construction activities at a joint transverse to the direction of traffic on the traveled way or a shoulder subject to public traffic, construct a temporary taper at the joint with a slope complying with the requirements shown in the following table:

Temporary Tapers
Height
differential
Slope ( horizontal: vertical)
Taper use of 14 days or less Taper use of more than 14 days Greater than 0.08 100: 1 or flatter 200: 1 or flatter

0.04– 0.08 70: 1 or flatter 70: 1 or flatter
For a taper on existing asphalt concrete or concrete pavement, construct the taper with minor HMA under Section 39- 2.07.

Grind existing surfaces to accommodate a minimum taper thickness of 0.10 foot under either of the following conditions:

1. HMA material such as rubberized HMA, polymer- modified bonded wearing course, or open- graded friction course is unsuitable for raking to a maximum 0.02 foot thickness at the edge

2. Taper will be in place for more than 14 days.

For a taper on a bridge deck or approach slab, construct the taper with polyester concrete under Section 60-3.04B.

The completed surface of the taper must be uniform and must not vary more than 0.02 foot from the lower edge of a 12- foot straightedge when placed on its surface parallel and perpendicular to traffic.

If authorized, you may use alternative materials or methods to construct the required taper.

SECTION 7- 1.03A PUBLIC NOTIFICATION
Add Section 7- 1.03A Public Notification as follows:

In consultation with the Engineer, Contractor shall prepare and deliver notices to City regarding various stages of the work, including but not limited to initial start of the work, quarterly updates of work progress, and notification of work activities creating excessive noise, vibration and other disturbing qualities, for notification to properties adjacent to the work area. The notice must include:

1. a brief description of the work

2. date the work will start

3. date the work will end

4. potential impacts on the adjacent property

5. company representative’ s name

6. company representative’ s phone number where they can be reached or a message can be left.

Company representative must respond to all phone calls received within 24 hours of receipt with the requested information. Contractor shall provide notices to Engineer at least 72 hours in advance of the work. The Engineer must review and approve notice wording. Upon approval of notices by Engineer, Contractor shall distribute said notices to properties adjacent to the work area.

Attention is directed to Government Code Sections 4216 to 4216. 9, and in particular Section 4216. 2 which provides, in part:

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Except in an emergency, every person planning to conduct any excavation shall contact the appropriate regional notification center at least two working days, but no more than 14 calendar days, prior to commencing that excavation, if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator, and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated .

The regional notification center shall provide an inquiry identification number to the person who contacts the center and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation."
Contractor shall contact the regional notification center, “ Underground Service Alert," and schedule the work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities.
7-1.03A( 1) Street Maintenance
Add Section 7-1.03A( 1) as follows:

Street maintenance activities, including:

1. overlays

2. reconstruction

3. slurry seal

4. micro- surfacing

5. other surfacing or seal coats
require you notify all residents and businesses within 300 feet or one block ( whichever is a greater distance) of the work areas between three and five days in advance of the work. This notification must be in the form of a door hanger which is to be hand- delivered or placed on the front door of each business or residence. A sample door hanger will be shared at the pre- construction meeting.

SECTION 7-1.03A( 1) STREET CLOSURE
Add Section 7- 1.03A( 1) Street Closure as follows:

Where street closures are allowed either under the conditions of the special provisions or by separate authority of the Engineer, comply with the following conditions.

By noon Monday, submit a written schedule of planned closures for the following week period, defined as Friday noon through the following Friday noon.

The street closure schedule must show the:

1. locations

2. dates

3. times
of the proposed street closures. Street closure schedules submitted to the Engineer with any:

1. incomplete

2. unintelligible

3. inaccurate information
will be returned for correction and resubmittal. The Engineer will review and approve or return for corrections the street closure schedule. You may be required to coordinate with other parties as a condition of approval of the street closure schedule.

Provide notification of the street closure to:

1. police dispatch
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2. bus services

3. garbage company

4. affected properties as described above.

Immediately notify the Engineer if a scheduled street closure will not take place. Amendments to the street closure schedule, including adding additional closures, must be submitted to the Engineer for review and approval, and must be done in writing at least three working days in advance of a planned street closure.

Approval of amendments to the street closure schedule will be at the discretion of the Engineer. Approved closures that are cancelled due to unsuitable weather may be rescheduled at the discretion of the Engineer for the following working day.

Public traffic may only be restricted during those times when work is actually underway.

SECTION 7-1.03A( 2) NO PARKING
Add Section 7-1.03A( 2) No Parking as follows:

Place " No Parking" signs at least 24 hours before beginning of work. In areas where vehicles may be in the way of construction, place and request the Police Department to verify “ No Parking” signs at least 30 hours prior to the beginning of work to allow for the legal time required for notification prior to removing a vehicle.

Do not place “ No Parking“ signs more than five days in advance of the anticipated work without prior approval from the Engineer.

If no work is performed for five consecutive days, remove the “ No Parking” signs and repost as stated above prior to the start of work.

No Parking” signs must specify the following:

No Parking
Construction Zone
Tow Away
Per Municipal Code EMC 4- 9.17( f)
Date: XXXXX to XXXXXX
Time: XXXXX to XXXXXX
Contractor:

Contractor Office Number:

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SECTION 7-1.03B TRAFFIC CONTROL PLAN
Add Section 7-1.03B Traffic Control Plan as follows:

Submit to the Engineer a traffic control plan for review and approval by the Engineer prior to any construction activities starting. Submit separate traffic control plans for each phase of the work requiring a change in traffic control. Allow a minimum of five working days for review of the submitted traffic control plan and five working days for review of any resubmitted plans. Do not begin work until the traffic control plan is approved by the Engineer.

Limited work hours may be imposed at any time. If the work impacts traffic flow on any:

1. major route, or

2. in the vicinity of schools, or

3. in the Pedestrian Priority Zone per figure 3-1 of the City’ s General Plan, expect that work hour restrictions will be imposed by the Engineer.

Do not restrict the public right- of-way roadway without an approved traffic control plan. The Engineer must review the implemented traffic control for compliance with the approved traffic control plan, prior to the start of any work.

Provide adequate width to allow a bike lane adjacent to the travel lane or provide clear posting that the bicycle lane is closed.

Do not place traffic control devices or construction equipment in bike lanes or in sidewalk such that they are blocked, as determined by the Engineer, when these facilities are open for use.

SECTION 7-1.04 PUBLIC SAFETY
Replace 15th paragraph of Section 7-1.04 Public Safety with:

Notify the Engineer not less than five days and not more than 40 days before the anticipated start of an activity that will change the vertical or horizontal clearance available to traffic, including shoulders.

SECTION 7-1.06 INSURANCE
SECTION 7-1.06B CASUALTY INSURANCE
SECTION 7-1.06G DEDUCTIBLES
SECTION 7-1.06I SELF INSURANCE PROGRAM
Delete Sections 7-1.06B Casualty Insurance, 7-1.06G Deductibles and 7-1.06I Self Insurance Program.

SECTION 7-1.11 FEDERAL LAWS FOR FEDERAL- AID CONTRACTS
SECTION 7-1.11A General
Add between the 1st and 2nd paragraphs of Section 7-1.11A General as follows:

Comply with 46 CFR 381. 7(a)–( b).
7-1.12 Indemnification and Insurance
The Contractor' s obligations regarding indemnification of the City and the requirements for insurance shall conform to the provisions set forth in the Contract.
7-1.13 Acceptance of Contract
When the Engineer has made the final inspection as provided in Section 5 1.46, " Final Inspection and Contract Acceptance," and determines that the Contract work has been completed in all respects in accordance with the DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-41 3/5/2024
Contract Documents, the Engineer will recommend that the City Council formally accept the Work as complete.

Upon acceptance of the Contract as complete by the City Council, the said Council shall cause a Notice of Completion to be filed and recorded in the records of the Alameda County Recorder' s Office. 7-1.14 Sanitary Provisions
Contractor shall conform to the rules and regulations pertaining to sanitary provisions established by the City. Toilets for use of employees on the work shall be furnished where needed and shall be maintained by Contractor. Their use shall be strictly enforced.
7-1.15 Third Party Claims
A. Pursuant to Public Contract Code Section 9201, City shall have full authority to compromise or otherwise settle any claim relating to the Contractor at any time.

B. City shall provide for timely notification to the Contractor of the receipt of any third– party claim relating to the contract. Notice shall be in writing and will be provided within ( 30) days.

C. City shall be entitled to recover its reasonable costs incurred in providing the notification required by subdivision ( b).

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8 PROSECUTION AND PROGRESS
The Bidder' s attention is directed to the provisions in Division I, Section 8, Prosecution And Progress, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/ she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 8, Prosecution And Progress, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 8-1.02 SCHEDULE
SECTION 8-1.02A GENERAL
Replace Section 8-1.02A General with the following:

Submit the type of schedule specified in the special provisions. If no type is specified, submit a Level 1.

Submittal of a Schedule is not acceptance. The Engineer will accept the schedule upon review and determination of its compliance with Contract terms and City needs. The schedule will not relieve you of the responsibility for accomplishing the all the work in compliance with the contract.

You agree by submission of a bid, that the work can be completed within contract duration and working hour restrictions.

The Engineer will not accept a schedule which shows a project completion date in excess of the contract time duration. No progress payments will be paid until the Engineer has approved the project schedule.

Float time shown on the approved project schedule is not for exclusive use or benefit of either you or the Engineer. Float time is available for use by either you or the Engineer whoever needs it first in order to:

1. minimize the impact of project problems

2. delays

3. changes in the work.

You agree that float time may be used by the Engineer to resolve project problems. You agree that there will be no basis for any modification of the

1. project milestone dates

2. an extension of the contract time

3. a claim for additional compensation
as a result of any:

1. project problem

2. change orders

3. delay
that only results in the loss of available float on the project schedule.

On a monthly basis prior to application for payment, you must arrange a meeting with the Engineer to review your updated project schedule. Updates must include accurate progress data and be based upon your best judgment. Updates must be made to the project schedule in consultation with all subcontractors and suppliers.

SECTION 8-1.03 PRECONSTRUCTION CONFERENCE
Replace Section 8-1.03 Preconstruction Conference with the following:

The City will execute the Contract with the successful Bidder upon receipt of:

1. bonds
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2. insurance

3. signed Contract.

The Engineer will set a date for the pre- construction conference. The pre- construction conference will take place within 15 working days of the execution of the Contract by the City. Attendance by your representative is required.

SECTION 8-1.04 START OF JOB SITE ACTIVITIES
SECTION 8-1.04B STANDARD START
Replace Section 8-1.04B Standard Start with the following:

The Contract time, as stated in the special provisions, will begin on the date specified in the notice to proceed, generally the second Monday following the pre- construction conference. Work must commence within ten working days from the start of contract time. Failure to start work within the allotted time period, without written approval of the Engineer, is considered abandonment of the work and the Engineer may terminate your control over the work in compliance with Section 8-1.13.

Work must be diligently prosecuted to completion before the expiration of the Contract time provided in the special provisions, beginning on, and including, the start date given in the notice to proceed.

Do not start job site activities until the City authorizes or accepts your submittal for:

1. CPM baseline schedule

2. WPCP or SWPPP, whichever applies

3. Notification of DRA nominee and disclosure statement

4. Contingency plan for opening closures to traffic

5. Other submittals as called out in these Specifications.

You may enter the job site only to measure controlling field dimensions, take photos or videos, and locate utilities.

Do not start other job site activities until all the submittals from the above list are authorized or accepted and the following information is received by the Engineer:

1. Notice of Materials To Be Used form.

2. Written statement from the vendor that the order for structural steel has been received and accepted by the vendor. The statement must show the dates that the materials will be shipped.

You may start job site activities before the 20th day after Contract approval if you:

1. Obtain specified authorization or acceptance for each submittal before the Specified Date in the Notice to Proceed

2. Receive authorization to start.

Submit a notice 72 hours before starting job site activities. If the project has more than 1 location of work, submit a separate notice for each location.

SECTION 8-1.05 TIME
Replace Section 8-1.05 Time with the following:

You must complete all of the work called for under the Contract within the time set forth in the special provisions.

You must complete any designated portion of the project within the time as shown or specified.

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Determination that a day is a non- working day by reason of inclement weather or conditions resulting therefrom will be made by the Engineer.

The Engineer will provide the status of working days on the monthly progress payment, including:

1. total days

2. days used

3. days remaining.

You are responsible to verify the days are correctly shown on the pay estimate. If you believe an error has been made, notify the Engineer in writing within 15 days of receipt of the pay estimate, or the status of days is deemed accepted as correct.

Complete all work including punch list items before the expiration of the Contract time.

Monthly status of working days will only be provided when working days are being charged and monthly payment is due to you.

SECTION 8-1.06 SUSPENSIONS
Replace Section 8-1.06 Suspensions with the following:

The Engineer may suspend work wholly or in part due to conditions unsuitable for work progress. Provide for public safety and a smooth and unobstructed passageway through the work zone during the suspension in compliance with Sections 7-1.03 and 7-1.04.

The Engineer may suspend work wholly or in part due to your failure to:

1. fulfill the Engineer' s orders

2. fulfill a Contract part

3. perform weather- dependent work when conditions are favorable so that weather- related unsuitable conditions are avoided or do not occur.

The Engineer may provide for a smooth and unobstructed passageway through the work during the suspension and deduct the cost from payments. No time adjustment will be made for the suspension.

Upon the Engineer' s order of suspension, suspend work immediately. Resume work when ordered.

SECTION 8-1.07 DELAYS
SECTION 8-1.07C PAYMENT ADJUSTMENTS
Replace 1st paragraph in Section 8-1.07C Payment Adjustments with the following:

For an excusable delay that affects your costs, the City may make a payment adjustment.

The City does not make a payment adjustment for overhead incurred during non– working days that extend the Contract into an additional construction season.

SECTION 8-1.10 LIQUIDATED DAMAGES
Replace the 3rd and 4th paragraph of Section 8- 1.10A Liquidated Damages with the following:

Liquidated Damages in the Amount of $ 2,500 per calendar day will be assessed for failure to complete the contract work within the number of workdays specified.

SECTION 8-1.10B FAILURE TO COMPLETE WORK PARTS WITHIN SPECIFIED TIMES SECTION 8-1.10B( 1) FAILURE TO COORDINATE SIGNAL TURN- ONS, STRIPING AND SIGNING DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-45 3/5/2024
Add 8- 1.10B( 1) Failure To Coordinate Signal Turn- Ons, Striping And Signing as follows:

If signal turn- on, road striping, and signing are not coordinated as required by the project specifications, damage will be sustained by the City and its residents. Since it is and will be impractical to determine the actual damage which the City and its residents will sustain by reason of your failure to comply with the project specifications, it is agreed that you will pay to the City the sum of $ 500 per day for each:

1. day that you fail to stripe the road

2. day that you fail to install required signs after the third day after a signal is turned on

3. day that you fail to turn on a signal after the second day after striping the road

4. day that you fail to remove signs which conflict with new striping

5. day that you fail to install signs as shown or specified.

SECTION 8-1.14 F TERMINATION OF CONTROL
Add Section 8-1.14F as follows:

Whenever, in the opinion of the City , the Contractor has failed to supply an adequate force of labor, equipment, or materials of proper quality, or has failed in any other respect to prosecute the work with the diligence specified in the Contract; or if Contractor should refuse or fail to comply with laws, ordinances, or directions of the Engineer; or if Contractor should fail to make prompt payments to subcontractors or for labor or materials; or otherwise be in breach of this Contract; the City may give written notice of at least five ( 5) calendar days to the Contractor and Contractor' s sureties that if the defaults are not remedied within a time specified in such notice, the Contractor' s control over the work will be terminated.

If the Contractor should be adjudged as bankrupt or make an assignment for the benefit of Contractor' s creditors, or if a receiver should be appointed on account of Contractor’ s insolvency, the City may declare the Contractor' s control over the work terminated, and so notify the Contractor and Contractor’ s sureties.

Upon such termination, the City may take possession, and use all or any part, of the Contractor' s materials, tools, equipment, and appliances upon the premises to complete the work; the City assuming responsibility for the final relinquishment of such equipment at the conclusion of the work, or sooner, at its option, in as good condition as when it was taken over, reasonable wear and tear excepted; and the City agrees to pay for such materials and the use of said equipment at a reasonable compensation.

If the Contractor' s control over the work is terminated as provided above, the Contractor is not entitled to receive any portion of the amount to be paid under the Contract until it is fully completed. After completion, if the unpaid balance exceeds the sum of the amount expended by the City in finishing the work, plus all damages sustained, or to be sustained, by the City, plus any unpaid claims on account of labor, materials, tools, equipment, or supplies contracted for by the Contractor for the work herein contemplated, the excess not otherwise required by these Contract Documents to be retained shall be paid the Contractor.

The City reserves the right to terminate the work for its convenience upon written notice to Contractor. In such event, the Contractor shall be paid its reasonable costs for that portion of the work performed to the date of termination, reasonable costs associated with demobilization, plus fifteen percent ( 15%) of all such costs for overhead and profit.

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9 PAYMENT
The Bidder' s attention is directed to the provisions in Division I, Section 9, Payment, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/ she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 9, Payment, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 9-1.02A GENERAL
Add to Section 9-1.02A General as follows:

Final Pay item quantities are designated with an “( F)” in the bid item list.

Partial Pay item quantities are designated with an “( P)” in the bid item list.

Specialty item quantities are designated with an “()” in the bid item list.

SECTION 9-1.03 PAYMENT SCOPE
Add to Section 9-1.03 Payment Scope as follows:

When the Engineer does not retain a portion of the funds during the prosecution of the work, as required on federally funded projects, you may not retain a portion of the funds due to subcontractors when making progress payments.

The City does not pay interest on progress payment retentions.

Your bid prices include all items of work and materials as shown and called out in the project special provisions necessary to complete all the work. The contract prices for doing the work include full compensation for furnishing all:

1. labor

2. materials

3. tools

4. equipment

5. incidentals
to complete the work.

Any items of work that does not have a separate pay item is considered included in other items cost of work and no additional compensation will be paid.
9-1.04 FORCE ACCOUNT
9-1.04A GENERAL
Add to Section 9-1.04A General as follows:

When force account or extra work is in dispute, you must still review your daily work report for the disputed work with the Engineer every day. The daily work must be signed by the Engineer daily to verify that your report has been reviewed. Final determination as to whether the work is included in the contract work or is extra work, may be decided after the work is completed.

SECTION 9-1.04B LABOR
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Add to Section 9-1.04B Labor as follows:

For the purposes of calculating the cost of extra work or force account payment:

1. owner

2. superintendents

3. other salaried employees
performing work on the project must be billed at the prevailing wage corresponding to the type of work performed as shown in the current labor rate publication.

SECTION 9-1.04D EQUIPMENT RENTAL
SECTION 9-1.04D( 1) GENERAL
Add to Section 9-1.04D( 1) General as follows:

You must submit a list of equipment anticipated to be used on the project and the associated Caltrans equipment rental rate. If there is no established rate for equipment planned to be used, furnish that information to the Engineer. Provide equipment submittal with Caltrans rates at the pre- construction conference. The most current Caltrans equipment rental rate publication at the date of contract award will be used for the entire project.

SECTION 9-1.06 CHANGED QUANTITY PAYMENT ADJUSTMENTS
Add to Section 9-1.06A General as follows:

All non- incidental bid items will hold their unit price regardless of quantity. It is anticipated that there will be additional quantities added to Project in approved Change Orders using the Supplemental Bid Item.

Delete 9-1.06B and 9-1.06C
SECTION 9-1.07 PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS Delete Section 9-1.07
SECTION 9-1.16 PROGRESS PAYMENTS
SECTION 9-1.16A GENERAL
Replace Section 9-1.16 with:

The City, once in each month, shall cause an estimate in writing to be made by the Engineer. The estimate shall include the total amount of work done and acceptable materials furnished, provided the acceptable materials are listed as eligible for partial payment as materials in the special provisions and are furnished and delivered by the Contractor ( provided that the Contractor furnishes evidence satisfactory to the Engineer that the materials are stored in an area subject to or under the control of the City, to the time of the estimate, and the value thereof). The estimate shall also include any amounts payable for mobilization. Daily extra work reports furnished by the Contractor less than 5 calendar days, not including Saturdays, Sundays and legal holidays, prior to the preparation of the monthly progress estimate shall not be eligible for payment until the following month' s estimate.

The amount of any material to be considered in making an estimate will in no case exceed the amount thereof which has been reported by the Contractor to the Engineer on City approved forms, properly filled out and executed, including accompanying documentation as therein required, less the amount of the material incorporated in the work to the time of the estimate. Only materials to be incorporated in the work will be considered. The estimated value of the material established by the Engineer will in no case exceed the Contract price for the item of work for which the material is furnished.

Contractor shall submit to Engineer an itemized application for payment for the cost of the work in permanent place, which has been completed in strict accordance with the Contract Documents as of the last day of the DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-48 3/5/2024
preceding month, less amounts previously paid. The application for payment shall be prepared in a form acceptable to the Engineer and shall contain itemized amounts in accordance with the Contract Documents. The applications for payment shall not include requests for payment on account of changes which have not been authorized by Change Orders, or for amounts Contractor does not intend to pay a subcontractor because of a dispute or other reason.

If requested by the City, an application for payment shall be accompanied by a summary showing payment that will be made to subcontractors covered by such application, and unconditional waivers and releases of claims and stop notices, from each subcontractor listed in the preceding application for payment covering sums disbursed pursuant to that preceding application for payment.

Contractor warrants that upon submittal of an application for payment, all work has been performed in strict compliance with the Contract Documents, and all work for which certificates of payment have been previously issued and payment has been received from City, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment related to the work.

Payment of all, or any part, of an application for payment may be withheld, a certificate of payment may be withheld, all or part of a previous certificate for payment may be nullified and that amount withheld from a current certificate for payment, or the City may withhold from payment, on account of any of the following:

1. Defective work not remedied;

2. Third- party claims against Contractor or City arising from the acts or omissions of Contractor or subcontractors;

3. Stop Notices;

4. Failure of Contractor to make timely payments due to subcontractors for material or labor;

5. Damage to the City or others for which Contractor is responsible;

6. Failure of Contractor to maintain, update, and submit record documents;

7. Failure of Contractor to submit schedules or their updates as required by the Contract Documents;

8. Performance of the work by Contractor without properly processed shop drawings; 9 Liquidated damages assessed;

10. Any other failure of Contractor to perform its obligations under the Contract Documents.

The request for a progress payment shall be turned into the City by the 20th of each month and the City shall process payment to be ready by the 20th of the following month. Pursuant to Public Contract Code Section 20104. 50, if City fails to make a progress payment in a timely manner, it shall pay interest to Contractor at the legal rate set forth in the Code of Civil Procedure Section 685. 010( e). Upon payment of a progress invoice, the City is hereby granted title and ownership to all work in progress, drawings, materials, equipment, machinery, fittings, items of outfit and furnished goods invoiced for as required by this Agreement, which shall be free of encumbrances.

All payments will be made by check and mailed to the Contractor’ s address given at time of progress payment approval. No checks are allowed to be picked up in person.

Add to Section 9-1.16A General as follows:

Items Contractor wants Engineer to be eligible for progress payment even if they are not incorporated into the work shall be determined with a written change order.

Progress payments will provide you compensation for work and eligible materials through the last day of the month. No progress payment will be made when the work is not proceeding in compliance with the contract or when the total value of the work done since the last progress payment is less than $ 1000, as determined by the Engineer.

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SECTION 9-1.16C MATERIALS ON HAND
Replace Section 9-1.16C Materials on Hand with the following:

Materials on hand but not incorporated into the work are eligible for progress payment of fifty percent ( 50%) of the value of the materials furnished and delivered and unused. For materials to be eligible for progress payment:

1. the cost of the materials must be greater than $ 20, 000

2. an invoice is provided for the material clearly showing the material is for this current work and cost

3. the material is stored in a secure yard and made available to the Engineer for inspection

4. a request for partial payment is made
SECTION 9-1.16E WITHHOLDS
Replace 1st paragraph in Section 9-1.16E( 2) with:

The City withholds 10 percent of a progress payment for noncompliant progress. Noncompliant progress occurs when:

1. Total days to date exceed 75 percent of the working days

2. Percent of working days elapsed exceeds the percent of value of work completed by more than 15 percent
Add to Section 9-1.16E( 2).

The City may withhold a portion of your payment for fines and mitigation imposed by outside regulatory authorities, as a result of your failure to comply with regulations and permits.

Upon Contractor' s request, City will make payment of funds withheld from progress payments pursuant to the requirements of Public Contract Code Section 22300, if Contractor deposits in escrow with City or with a bank acceptable to City, securities eligible for investment under Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and City, upon the following conditions:
a. Contractor shall bear the expense of City and the escrow agent in connection with the escrow deposit made.
b. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to Contractor pursuant to this section. c. Contractor shall enter into an escrow Contract satisfactory to City, which Contract shall be substantially similar to the form provided in Public Contract Code Section 22300. d. Contractor shall obtain the written consent of the surety to such Contract.

SECTION 9- 1.16E( 4) STOP NOTICE WITHHOLDS
Replace Section 9- 1.16E( 4) Stop Notice Withholds with the following:

The City shall withhold payments to cover claims filed under Civil Code § 9000 et seq. The City will withhold 125 percent of the value of all Stop Notices in accordance with Civil Code § 9364.

Stop notice information may be obtained from the Engineer.

SECTION 9- 1.16F RETENTIONS
Replace Section 9-1.16F Retentions with the following:

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Public Contract Code 7202 does not apply to the City.

City shall retain five percent ( 5%) of the estimated value of the work completed and five percent ( 5%) of the value of materials estimated to have been furnished and delivered and unused or furnished and stored as part security for the fulfillment of the Contract by Contractor. Securities may be substituted as set forth in Public Contracts Code Section 22300. No such invoice or payment will be construed to be an acceptance of any work or materials. Before any progress payment or the final payment is made, Contractor may be required to submit satisfactory evidence that he is not delinquent in payments to his employees, subcontractors, suppliers or other creditors for labor and materials incorporated into the work.

SECTION 9-1.17 PAYMENT AFTER CONTRACT ACCEPTANCE
SECTION 9-1.17C PROPOSED FINAL ESTIMATE
Delete 3rd paragraph in Section 9-1.17C Proposed Final Estimate.

SECTION 9- 1.17D FINAL PAYMENT AND CLAIMS
SECTION 9-1.17D( 1) GENERAL
Replace Section 9-1.17D( 1) General with the following:

If Contractor accepts the proposed final estimate or does not submit a claim statement within 30 days of receiving the proposed final estimate, the Engineer will process the proposed final estimate for payment. The final payment will not be due and payable until the expiration of 40 days from the date the notice of completion is filed with the City of Emeryville. The Notice of Completion will be filed within five days of formal acceptance of the work by the City Council or its designated representative, upon the recommendations of the Engineer.

This final estimate and payment is conclusive except as specified in Sections 5-1.27, 6-3.06, and 9-1.21.

If Contractor submits a claim statement within 30 days of receiving the Engineer’ s proposed final estimate, the Engineer will process for payment the proposed final pay estimate for payment of the uncontested amount due.

The Engineer will pay the uncontested amount due within 40 days from the date the notice of completion is filed with the City of Emeryville. The uncontested amount due estimate is conclusive as to the amount of work completed and the amount payable except as affected by the claims or as specified in Sections 5-1.27, 6-3.06, and 9-1.21.

SECTION 9-1.17D( 2) CLAIM STATEMENT
SECTION 9-1.17D( 2)( A) GENERAL
Add to Section 9-1.17D( 2)( a) General as follows:

For each claim, submit a claim statement showing:

1. The identification number

2. Date the Initial Potential Claim was furnished to the Engineer

3. Date the Supplemental Potential Claim was furnished to the Engineer

4. The final amount of additional payment requested

5. Attach a copy of the Full and Final Potential Claim Record Submit claims to:

City Engineer
City of Emeryville – Public Works Department
1333 Park Avenue
Emeryville, CA 94608
SECTION 9-1.17D( 2)( D) WAIVER
Add to 1st paragraph in Section 9-1.17D( 2)( d) Waiver as follows:

1. You did not comply with applicable notice or protest requirements including but not limited to:

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Section 4-1.06;
Section 5-1.06;
Section 5-1.42; or
Section 8-1.07.

SECTION 9-1.17D( 3) FINAL DETERMINATION OF CLAIMS
Delete 6th paragraph in Section 9-1.17D( 3) Final Determination of Claims.

SECTION 9-1.22 ARBITRATION
Replace Section 9-1.22 Arbitration with the following:

Section 9-1.22 Claim Resolution Procedure

1. For all claims contested by the Engineer and not included in the semifinal estimate, the Engineer may request additional information within 30 days of submittal of the semifinal estimate. A proof of mailing or delivery must be retained.

2. You must submit to the Engineer the information requested for each claim within 30 days of the date of mailing of the Engineer’ s request. Proof of mailing or Engineer’ s receipt will be retained for the submittal. Failure to timely submit the information requested is deemed a waiver of the claim.

3. The Engineer will submit a written response to you for each claim within 30 days after the date of mailing of your submittal, or if the Engineer did not request additional information, within 30 days of submittal of the semifinal estimate.

4. If you dispute the Engineer’ s written response to any claim, or the Engineer fails to respond within the time specified, you must notify the Engineer in writing, either within 15 days of the Engineer’ s response or the Engineer’ s failure to respond within the specified time period, and demand an informal meeting to discuss and attempt to settle the issues remaining in dispute. Upon receipt of such a demand, the Engineer will schedule such a meeting within 30 days.

5. Following the meeting if any claim or portion thereof remains in dispute, you may file a claim as provided in Government Code 910 and following.

6. Either party may request non- binding mediation at any time following the informal meeting in an attempt to settle any issues remaining in dispute. If both sides agree to mediation and agree on a mediator, the parties must pay equally the fees and expenses of the mediator.

7. If either party initiates litigation against the other, within 60 days, but no earlier than 30 days, following the filing of the responsive pleading, the court may submit the matter to nonbinding mediation unless both parties stipulate to waive this requirement. The parties must select a disinterested third person as mediator within 15 days following the 60th day after the filing of the responsive pleading, and the mediation must commence within 30 days of selection of the mediator, unless the parties stipulate otherwise, or the court, on a showing of good cause, orders a time extension. If the parties fail to select a mediator within the 15- day period, any party may petition the court to appoint the mediator. The parties must pay equally the fees and expenses of the mediator.

The court may, upon either party’ s request, order any witnesses to participate in the mediation process. The party requesting the appearance of any witness must pay the costs and expenses of the witness.

SECTION 9-1.23 CITY BILLING
Add Section 9-1.23 City Billing as follows:

Where City staff and equipment are used for work, billing will be done at the hourly billing rate for particularly involved City staff. City materials and equipment will be billed in compliance with Section 9-1.04. Work DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 B-52 3/5/2024
performed by a third party will be billed at the amount charged to the City for the work plus an additional five percent markup. The total cost plus markup may be retained from contract or for private work billed to permittee.

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PART C

SPECIAL PROVISIONS
FOR
2024 SUSTAINABLE STREETSCAPES PAVING PROJECT
PROJECT NO. EPW-23008
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 2 3/ 5/ 2024
SECTION 1

MISCELLANEOUS
1-1.0 WORK SITE MAINTENANCE
1-1.1 Clean Up and Dust Control
During the progress of work, the Contractor shall keep the entire job site in a clean and orderly condition. Spillage resulting from hauling operations along or across existing streets, roads, paths or lawns shall be removed immediately by the Contractor. All gutters and roadside ditches shall be kept clean and free from obstruction. Any deviation from this practice must have written approval from the City Engineer.

The generation of dust shall be controlled as required by the Bay Area Air Quality Management District. The Contractor shall govern his operations and construction methods at all times so as to prevent any dust problems within the area of work or along adjacent properties and shall provide the water wagons, water, labor, or any material or equipment required to provide adequate control of dust to the complete satisfaction of the Engineer. Dust- generating activities shall cease during periods of high winds ( greater than 25 MPH). Trucks hauling soil, dirt, sand or other emissive materials shall have their loads covered with a tarp or other protective cover as determined by the Engineer. Any damage resulting from dust shall be the complete and sole responsibility of the Contractor.

No separate payment will be made for dust control but shall be included in the appropriate item of work.

Before final acceptance of the work, the Contractor shall carefully clean up the work area and premises remove all surplus construction materials and rubbish of all kinds from the grounds which he has occupied and leave them in a neat condition. 1-1.2 Water Pollution Control
The intent of these requirements is to enforce federal, state, and other local agency regulation prohibiting storm water pollution from construction sites. The storm drain system discharges directly to creeks and the San Francisco Bay without treatment. Therefore, pollutant discharge into the storm drain system is strictly prohibited. Here pollutant discharge means any substance, material, or waste, and discharges NOT permitted under the National Pollutant Discharge Elimination System regulated by the State of California Regional Water Quality Control Board or the United States Environmental Protection Agency other than uncontaminated storm water.

The Contractor shall conform to all applicable local, state and Federal regulations and laws pertaining to water pollution control. The Contractor shall conduct and schedule operations and follow and implement Best Management Practices ( BMPs) in such a manner as to prevent water pollution.

Full compensation for Water Pollution Control shall be considered as included with all contract items of work and no additional compensation will be allowed therefore.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 3 3/ 5/ 2024
1-1.2.1 Best Management Practices.

For the purpose of eliminating storm water pollution, the Contractor shall implement effective control measures known as Best Management Practices ( BMPs). BMPs include schedules of activities, prohibition of practices, general good housekeeping practices, operational practices, pollution prevention practices, maintenance procedures, and other management procedures to prevent pollutant discharge directly or directly into the storm drain system. BMPs also include the construction of some facilities that may be required to prevent, control, and abate storm water pollution. The Contractor shall implement and maintain such BMPs as are relevant to the work, and as are specifically required by the Plans or Special Provisions. The Contractor shall be responsible throughout the Contract duration for installing, constructing, inspecting, maintaining, removing and disposing of BMPs for wind erosion control, tracking control, erosion and sediment control, non- storm water control, and waste management and materials pollution control. Unless otherwise directed by the Engineer, the Contractor shall be responsible for BMP implementation and maintenance throughout any temporary suspension of the Work.

Any BMP required to protect storm water quality shall be installed within 24 hours of the time Contractor is notified by the Engineer or regulatory agencies to install such BMP' s. 1-1.2.2 Material Storage.

Storage and exposure of raw materials, by-products, finished products, and containers shall be controlled as described below:

All construction materials shall be stored at least ten feet away from inlets, catch basins, and curb returns. The Contractor shall not allow any material to enter the storm drain system. Measures shall be taken to maintain a neat and protected pile. At the end of each working day, the Contractor shall collect and dispose of all scrap, debris, and waste material excluding materials set aside for recycling and salvage.

Materials set aside for recycling and salvage shall be delivered to the recycling station within five days. Materials that can contaminate rainwater or be transported by storm water or other runoff to the storm drain system require special storage. During wet weather or when rain is forecast, the Contractor shall store such materials inside a building or cover them with a tarp or other waterproof material secured with weighted tires or sandbags to prevent contact with rain.

The Contractor is reminded that storage and disposal of all hazardous materials such as paints, thinners, solvents, and fuels; and all hazardous wastes such as waste oil, must meet all federal, state and local standards and requirements. 1-1.2.3 Pavement Saw Cutting Operations.

The Contractor shall prevent any saw cutting debris from entering the storm drain system.

The Contractor shall preferably use dry cutting techniques and sweep up residue. If wet methods are used, the Contractor shall vacuum slurry as cutting proceeds or collect all wastewater by constructing a sandbag sediment barrier. The bermed area shall be of adequate size to collect all wastewater and solids. The Contractor shall allow collected water to evaporate, as approved by the Engineer, if the wastewater volume is minimal and if maintaining the ponding area does not interfere with public use of the street area, DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 4 3/ 5/ 2024
create a safety hazard, or does not create standing water that remains longer than 72 hours. If the Engineer approves, the Contractor may direct or pump saw cutting wastewater to a dirt area for infiltration. This dirt area shall be adequate to contain all the wastewater. After wastewater has infiltrated, all remaining saw cutting residue must be removed and disposed of properly.

With the approval of East Bay Municipal Utility District ( EBMUD) and the Engineer, desilted water may be pumped to the sanitary sewer to assist in the evaporation or infiltration process. Remaining silt and debris from the ponding or bermed area shall be removed or vacuumed and disposed of properly. If a suitable dirt area is not available or discharge to the sanitary sewer is not feasible, with the Engineer’ s approval the Contractor shall filter the saw- cutting wastewater through filtering materials and methods meeting ABAG Standards For Erosion and Sedimentation Control Measures ( latest edition) before discharging this wastewater to the storm drain.
1-1.2.4 Pavement Operations.

The Contractor shall prevent the discharge of pollutants from paving operations by using measures to prevent run-on and runoff pollution, properly disposing of wastes, and by implementing the following Best Management Practices:
a. No placement of concrete or paving during wet weather. b. Store materials as required by 1-1.2.2.
c. Cover inlets and manholes when applying asphalt, seal coat, tack coat, slurry seal, fog seal, etc.
d. Place drip pans or absorbent materials under paving equipment when not in use.

During wet weather store contaminated paving equipment indoors or cover with tarp or other waterproof covering.
e. Sweep work site daily to prevent sand, gravel or excess asphalt from entering, or being transported by rain, into the storm drain system. The contactor shall use water and sweeper trucks on a daily basis including weekends to maintain the site. f. Keep ample supplies of drip pans or absorbent materials on-site. 1-1.3 Storage in Public Streets and Right- of-Way
Construction equipment and materials shall not be stored in public streets and right- of-way.

Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets and right- of-way unless otherwise specified in these Special provisions or approved by the Engineer. Immediately after placing backfill, all excess material shall be moved from the Work site.
1-1.4 Storage of Equipment and Material on Private Property If the Contractor wishes to use private property as a Construction Yard, then prior to any staging, storing, or parking of any Contract equipment and/ or materials on said private property, the Contractor shall comply with the following requirements:
a. The Contractor must provide the Engineer a site map for review indicating the proposed location of the Construction Yard;
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 5 3/ 5/ 2024
b. The location of the Construction Yard must be approved by the Engineer and written approval must be provided to the Contractor by the Engineer; c. The Contractor shall submit to the Engineer a copy of the written agreement with the legal owner of the affected property to be used as a Construction Yard; d. Within the Construction Yard itself, the Contractor must comply with the Best Management Practices for storm water protection as required by the Contract documents. e. The Contractor shall also not deliver or remove any equipment or material outside the Contract construction hours specified.
1-2.0 COOPERATION
Attention is directed to Section 8-1.10 " Utility and Non- Highway Facilities," of the Standard Specifications and these Special Provisions.

Payment for coordination and cooperation shall be considered as fully compensated in the various related items of work and therefore no separate payment will be allowed for said coordination and cooperation between Contractors, utility companies or property owners. 1-3.0 OBSTRUCTIONS
Attention is directed to Section 8.1-10, “ Utility and Non- Highway Facilities,” and Section 15, “ Existing Highway Facilities,” of the Standard Specifications as well as Section 5.0 of the " Green Book" and these Special Provisions.

The Contractor’ s attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the facility and the health, safety and welfare of the workmen and of the public. Facilities requiring special precautions include, but are not limited to:
natural gas in pipelines operating at pressures greater than 60 psi ( gage); underground electric supply system conductors or cables, with potential to ground of more than 300 volts, either directly buried or in duct or conduit which do not have concentric grounded conductors or other effectively grounded metal shields or sheaths; water lines, telephone lines, cablevision lines, storm drains, sanitary sewer lines, etc.

If such facilities are not located on the plans in both alignment and elevation, no work shall be performed in the vicinity of said facilities until the Contractor has located the facility by USA’ ing, potholing, probing, or other means that will locate and identify the facility to the satisfaction of the Engineer.

The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least two working days, but not more than 14 calendar days, prior to performing any excavation or other underground works. Regional notification centers include but are not limited to the following:

Notification Center Telephone
Underground Service Alert, 1 ( 800) 642- 2444
Northern California ( USA)
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 6 3/ 5/ 2024
1-4.0 CONSTRUCTION AREA SIGNS
Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12, “ Construction Area Traffic Control Devices,” of the Standard Specifications and as shown on the plans, and these Special Provisions.

In addition to the standard construction area signage, a minimum of two ( 2) Project Signs will be provided to the Contractor for installation as directed by the Engineer. Additionally, the Contractor shall attach magnetic signage, as directed and furnished by the Engineer, to equipment working on the project. Said signage shall be removed and returned to the Engineer upon completion of the work.

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, to the satisfaction of the engineer that there are no utility facilities in the area of the proposed posthole excavations.

Full compensation for furnishing, placing, maintaining, and removal of construction area signs shall be included in all other items of work and no separate payment will be allowed therefore. 1-5.0 MAINTAINING TRAFFIC
Attention is directed to Sections 7-1.08 " Public Convenience", 7-1.09 " Public Safety", and 12 Construction Area Traffic Control Devices", of the Standard Specifications, and to the Section entitled Public Safety" elsewhere in these special provisions, and to these special provisions. Nothing in these special provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-1.09. Lane closures shall conform to the provisions in Section 12 “ Construction Area Traffic Control Devices” of the Standard Specifications.

Access to all properties shall be maintained at all times and not impact their daily operations. If necessary, the Contractor shall construct in phases or in a manner to ensure no disruption to accessibility, including installing steel plating if necessary.

The contractor shall keep and maintain ADA compliance through all working areas. The Contractor shall provide and maintain a minimum ( 1) 5-foot-wide path for pedestrian traffic through the construction site.

If a path through the construction site and within street right of way is not possible, the Contractor shall lay out and maintain a safe and direct pedestrian path around the construction site within the public right of way. Pedestrian paths shall be provided with surfacing of asphalt concrete, Portland cement concrete or timber. Surface shall be skid resistant and free of irregularities. At newly established temporary crosswalks, temporary signage and striping shall be placed in order to alert vehicles and maintain safe passage for pedestrians. The pedestrian path shall be approved by the Engineer.

Many of the streets on this project are on “ bicycle boulevards.” Extra care shall be provided to create a safe and reasonable access route or detour for bicyclists. The Contractor shall provide and maintain safe travel for bicycles through all construction areas. Bicyclist shall be notified by signage of changes to the bicycle route, and Contractor shall provide proper signage or temporary traffic markings to guide bicyclists through the construction area. Temporary traffic control signage shall be placed outside of bicycle paths whenever possible ( instead place in median, parking space, partially on sidewalk, existing light poles, etc.).

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 7 3/ 5/ 2024
During operations that require lane reduction, the Contractor shall provide and maintain one eleven- footwide lane to provide flagger- controlled travel in each direction at all times for the following streets:

1. 48th Street

2. 47th Street

3. 45th Street

4. 43rd Street

5. Salem Street

6. Essex Street

7. Shellmound Street

8. Hollis Street
Generally, a full or partial closure of the street is allowed on the remaining project streets as long as access for local businesses and residences is maintained. Prior to the start of each portion of work the Contractor shall submit a specific traffic control plan for approval by the Engineer. The TCP shall provide detours for vehicles, bicycles, and pedestrians. This plan shall include a public notice submittal for the City’ s review and approval. After the TCP is approved, the Contractor must notice all affected properties.

Due to local traffic congestion and circulation issues caused by parallel streets being closed at the same time, the following groups of streets cannot be slurry sealed at the same time:

1. Doyle Street and 47th Street ( west of San Pablo)

2. 48th Street and 47th Street ( east of Salem)
a. ½ of each street ( north side / south side) can be done at same time as an option

3. 45th Street and 43rd Street
a. ½ of each street ( north side / south side) can be done at same time as an option No reduction of the traveled way width shall be permitted before 7:00 a.m. nor after 6:00 p.m. on any street unless prior approval in writing is obtained from the Director of Public Works. The Contractor shall also not store construction equipment within any public streets and right of way outside the previously specified hours. The Contractor shall also not deliver/ remove any equipment or material to/ from the Construction Yard or work area outside the previously specified hours.

The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make their own arrangements relative to keeping the working area clear of parked vehicles. Such arrangements shall be subject to the prior written approval of the Engineer. Special attention shall be given to work occurring on 47th Street due to multiple schools being adjacent to the work areas.

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 provide and maintain traffic control during all construction activities in accordance with the Work Area Traffic Control Manual Handbook ( WATCH) or the approved Traffic Control Plan. If the Contractor cannot provide and maintain traffic control as required, then the Engineer may direct the Contractor to provide, maintain, and/ or update a full traffic control plan ( signed by a registered Professional Engineer/ Traffic Engineer), with no additional compensation.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 8 3/ 5/ 2024
Full compensation for conforming to the requirements in this section " Maintaining Traffic" shall be considered as included in the contract price paid for Traffic Control System and no additional compensation will be allowed therefor.
1-6.0 PROGRESS SCHEDULE
Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.04 Progress Schedule" of the Standard Specifications. Full compensation for Progress Schedule shall be considered as included with all contract items of work and no additional compensation will be allowed therefore.
1-7.0 TIME OF COMPLETION
The Contractor shall complete the work within Sixty ( 60) working days after the commencement date specified in the Notice to Proceed.

The contractor shall commence operations within 7 calendar days after the effective date of the Notice to Proceed.
1-8.0 HOURS OF WORK
The Hours of Work for this project shall be as follows for non- holiday weekdays: 7:00 a.m. to 6:00 p.m.

Work activities occurring between the hours of 6:00 pm and 7:00 am shall not be permitted.

Slurry treatment on roadways shall not be placed later than 2:00 p.m. for all areas shown on plans to receive Slurry treatment.

The use of spray guns, loud leaf blowers, generators, and other equipment with noise levels similar to those of jack- hammers/ pile- drivers shall be done after 8:00 a.m. Contractors shall practice caution and courtesy when working adjacent to homes and businesses. Proper notification and estimated timelines of work shall be given to nearby homeowners and business owners as part of the Section 1-5.0 and 10-

2.3 requirements.
1-9.0 AS- BUILT DRAWINGS
The Contractor shall maintain one ( 1) clean set of marked plans showing all changes and " record" information and submit a copy to the City upon completion of work. Any changes must be approved by the City inspector before being done. Note any changes on marked print copy.

The Contractor is required to track and record all changes made throughout the completion of the project and shall submit a complete red-lined copy of the construction plans to the Engineer for review of those changes indicated. If necessary, the Contractor shall address any comments and resubmit the red- lined plans. Upon approval by the Engineer, the Contractor shall submit 2 hard copies and 1 electronic PDF copy of the final approved red-lined plans. A Notice of Completion and/ or Final Payment will not be released until the approved red- lined plans are received as described. The cost of the work and materials to provide the approved red- lined construction plans shall be included in the cost for Mobilization.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 9 3/ 5/ 2024
1-10.0 PUBLIC SAFETY
The Contractor shall provide for the safety of traffic and the public in accordance with the provisions in Section 7-1.09, " Public Safety," of the Standard Specifications and these special provisions.

The Contractor shall install temporary railing ( Type K) between any lane carrying public traffic and any excavation, obstacle, unprotected pedestrian walkway, or storage area when the following conditions exist:
1) Excavations.

Any excavation, the near edge of which is 12 feet or less from the edge of the lane, except:
a) Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public.
b) Excavations less than one foot deep.
c) Trenches less than one foot wide for irrigation pipe or electrical conduit, or excavations less than one foot in diameter.
d) Excavations parallel to the lane for the purpose of pavement widening or reconstruction. e) Excavations in side slopes, where the slope is steeper than 4:1. f) Excavations protected by existing barrier or railing. 2) Temporarily Unprotected Permanent Obstacles.

Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for his convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. 3) Temporarily Unprotected Pedestrian Pathways.

Whenever temporary unprotected pedestrian walkways are located adjacent to the traffic lane through the construction area.
4) Storage Areas.

Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the specifications.

The approach end of temporary railing ( Type K), installed in accordance with the requirements in this section " Public Safety" and in Section 7-1.09, " Public Safety," of the Standard Specifications shall be offset a minimum of 15 feet from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than one foot transversely to 10 feet longitudinally with respect to the edge of the traffic lane. If the 15-foot minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing.

Temporary railing ( Type K) shall conform to the provisions in Section 12- 3.08, " Temporary Railing Type K)" of the Standard Specifications, except temporary railing ( Type K) fabricated prior to January 1, 1993, with one longitudinal No. 5 reinforcing steel bar near the top in lieu of the 2 longitudinal No. 5 reinforcing steel bars near the top, as shown on the plans, may be used.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 10 3/ 5/ 2024
Temporary crash cushion modules shall conform to the provisions in "Temporary Crash Cushion Module" elsewhere in these special provisions.

Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas, the Contractor shall close the adjacent traffic lane unless otherwise provided in the specifications:

Approach Speed of Public Traffic
Posted Limit in MPH)
Over 45
30 to 45
Work Areas
Within 6 feet of a traffic lane but not on a
traffic lane.

Within 3 feet of a traffic lane but not on a
traffic lane.

The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier.

When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 10 feet without written approval from the Engineer.

When work is not in progress that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way.

The spacing of the cones or delineators shall be not more than the spacing used for the lane closure.

Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians.

Full compensation for conforming to the requirements in this section " Public Safety," including furnishing and installing temporary railing ( Type K) and temporary crash cushion modules, shall be considered as included in the contract price paid for Traffic Control System and no additional compensation will be allowed therefor.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 11 3/ 5/ 2024
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DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 12 3/ 5/ 2024
SECTION 9

DESCRIPTION OF WORK
9-1.0 WORK TO BE PERFORMED
The work to be performed under this contract shall consist of, but not necessarily be limited to, the following:

This project entails street rehabilitation and preventive maintenance on various streets and parking lots throughout the City of Emeryville. The specific streets and parking lots included in this project are:
43rd Street ( San Pablo Avenue – Adeline Street)
45th Street ( San Pablo Avenue – Adeline Street)
47th Street ( San Pablo Avenue – Adeline Street)
48th Street ( San Pablo Avenue – City Limits)
Salem Street ( 43rd Street – 45th Street)
Essex Street ( 43rd Street – 45th Street)
Doyle Street ( 45th Street – Steve Dain Drive)
Powell Street ( Marina, Hong Kong East Ocean Seafood, and City of Emeryville Public Lots) Point Emery and West Frontage Road ( Point Emery Parking Lot) Alameda County Fire Station No. 35 ( Hollis Street and 63rd Street) 40th and Haven Street ( City Hall Parking Lot)
Shellmound Street ( 62nd Street – 65th Street)
Hollis Street ( 40th Street to Powell Street)
Transit Stop Lighting ( Citywide Locations)
Bike Racks ( Citywide Locations)
Other Bike/ Ped/ Transit Improvements per Active Transportation Plan ( Citywide Locations) This project generally includes, but is not limited to, the reconstruction and preservation of asphalt pavement; replacement of traffic striping and markings; installation of signs; reconstruction of PCC sidewalks, raised crosswalk/ driveways, concrete medians, curbs, gutters, ADA curb ramps, solar transit stop lights, and bicycle racks.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 13 3/ 5/ 2024
SECTION 10

CONSTRUCTION DETAILS
10-1.0 ORDER OF WORK
Order of Work shall conform to the provisions in Section 5-1.05, “ Order of Work”, of the Standard Specifications and these Special Provisions.

The first order of work after the Notice to Proceed is to provide an accurate project schedule, example public notice, and traffic control plans for approval by the Engineer.

Work shall be staged in a manner to maintain two-way traffic ( including allowances and proper signage for bicyclists) and at least one pedestrian path at all times within the given work zone. One- way traffic and closures can be provided in areas described in Part C, Section 1.

Dig Out repair removals shall be limited to the area that can be fully restored within the same shift so that all traffic lanes can be open at the end of each shift.

Payment for staging and coordinating work shall be included with the associated items of work. 10-2.0 ITEMS OF WORK – GENERAL
All items of work are to be installed or constructed as specified in the Standard Specifications, the Standard Plans, as shown on the plans, or as modified in these Special Provisions. Each item is listed with the corresponding sections of the Standard Specifications, which may apply thereto. These listings are not necessarily all of the sections which may apply and are not meant to exclude other sections which are not referred to specifically but do give direction to the work. The Special Provisions shall take precedence over the Plans and the Plans shall take precedence over the Standard Specifications. 10-2.1 BID ITEM 1 – SUPPLEMENTAL WORK
This item is provided to account for new and unforeseen work not specifically provided for on the plans or in the Special Provisions. The dollar amount listed in the Estimate of Quantities is an estimate only and will be included in each bidder' s proposal. Supplemental work shall be performed only upon direct written authorization from the City Engineer. Daily work reports will be required if the work is to be paid for on a force account basis. Agreed price may be used as an alternate method of payment, if directed by the City Engineer.

10.2.1.1 Unsuitable Material for Street Improvements
If, in the Contractor’ s opinion, unsuitable material is encountered to properly construct any of the improvements indicated on the plans, the Contractor shall immediately notify the Engineer. The Engineer will determine the suitability of the material and/ or subgrade. Based on the Engineer’ s decision the contractor may be directed to remove and dispose of all unsuitable materials and replace with suitable materials.
10-2.1.2 Payment for Bid Item 1 – Supplemental Work
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 14 3/ 5/ 2024
Final payment for “ Supplemental Work” will be based on the total amount of supplemental work actually performed and will not be subject to the provisions of Section 4 of the Standard Specifications. Additional Change Order work shall be paid utilizing this same Bid Item as agreed upon by Engineer and Contractor.
10-2.2 BID ITEM 2 – MOBILIZATION ( 5%)
Mobilization shall conform to the provisions in Section 11, “ Mobilization,” of the Standard Specifications.

Mobilization shall be 5% of the bid proposal values for Bid Items 5 – 64 only. 10- 2.2.1 Payment for Bid Item 2 – Mobilization
The contract lump sum price paid for “ Mobilization” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in mobilization, including placing, removing, maintaining, moving to new locations, and furnishing Record Drawings as specified in the Standard Specifications and these Special Provisions. 10-2.3 BID ITEM 3 – TRAFFIC CONTROL SYSTEM
A traffic control system shall consist of modifying or closing traffic lanes in accordance with the provisions under Section 1-4.0 " Construction Area Signs” and Section 1-5.0 " Maintaining Traffic” found elsewhere in these Special Provisions, the provisions of Section 12 " Construction Area Traffic Control Devices" of the Standard Specifications, and the Project Plans.

This work shall include but not be limited to the implementation of the plans detailing traffic handling, installation of construction area signs, temporary striping, and installation of project signage. The work of this item shall include removal of said signs upon completion of the work.

Prior to the start of each portion of work the Contractor shall submit a specific traffic control plan for approval by the Engineer. This plan shall include a public notice submittal for the City’ s review and approval. Public notification of parking and access restrictions shall be posted not less than 3 working days prior to the start of work for that area. If work is postponed the area shall be re-posted for another 3 working day period. The Contractor shall be responsible for informing all potentially affected businesses and agencies including transit operators and emergency service providers of the work that is to occur and the impact to vehicular movements. A list of these operators and emergency service providers will be provided at the pre- construction meeting.

The Contractor shall provide and maintain traffic control during all construction activities in accordance with the approved Traffic Control Plan. If the Contractor cannot provide and maintain traffic control as required, then the Engineer may direct the Contractor to provide, maintain, and/ or update a full traffic control plan ( signed by a registered Professional Engineer/ Traffic Engineer), with no additional compensation.

The Contractor shall be responsible to keep pedestrian, bicycle, and vehicle traffic off concrete areas until concrete has properly cured. The Contractor shall be responsible for any touch- ups or removal/ repours needed due to damage caused by trespassing.

The Contractor shall be responsible to keep traffic off the streets with newly installed pavement, overlays, DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 15 3/ 5/ 2024
slurry seal until each surface is properly cured. The Contractor shall be responsible for any touch- ups or re-applications needed due to traffic damage. Upon completing the application of slurry, the Contractor shall install signs within the applicable roadways indicating the following unless otherwise approved by the Engineer:

Fresh Oil Paving. Slow Speeds Req’ d. No Sharp Turns. No U-Turns.” Signs shall remain and be maintained until the slurry product cures ( one week minimum).

When closures are made for work periods only, at the end of each work period all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder.

The provisions in this section will not relieve the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, " Public Safety" of the Standard Specifications.

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.

If, during the course of the work, the Engineer determines, in his sole discretion, that traffic control systems are not functioning adequately or as intended, he may order field revisions to be made to the system( s). Contractor shall make those ordered revisions and maintain those ordered revisions until further directed by the Engineer. All costs for revisions and maintenance of those revisions shall be included in the lump sum contract price described below. 10-2.3.1 Temporary Pavement Delineation and Markers
Temporary pavement delineation, including but not limited to raised flexible reflective tabs and/ or reflective adhesion tape, shall be installed and maintained by the Contractor during or between construction stages and operations for the purpose of providing traffic control and public safety.

The specific type or method of temporary pavement delineation used by the Contractor shall be approved by the Engineer prior to application. Installation and maintenance of all temporary pavement delineation shall not be considered as “ extra work”.

Temporary pavement delineation and markers shall be applied in all locations where existing markers and striping have been removed. The pavement markers shall be applied complete in place prior to opening the traveled way to public traffic. They shall be applied after existing striping removal. Immediately before permanent striping installation, temporary markers shall be removed in their entirety and shall not be cut at the pavement surface.

When using raised flexible reflective tabs or reflective adhesion tape for temporary pavement delineation along the direction of travel ( longitudinal lines), temporary stripes shall be placed on the pavement surface at a 6 inch or 12 inch offset left of the proposed permanent pavement stripe. Prior to the application of the permanent stripe the Contractor shall remove the tabs or tape from the pavement surface. Removals must be coordinated with the labor force performing the permanent pavement delineation.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 16 3/ 5/ 2024
When reflective adhesive tape is used for lane delineation, a minimum of 3-foot strip of tape shall be placed at 12-foot intervals ( gaps) regardless of the posted speed for the zone requiring temporary striping. When raised reflective tabs are used for lane delineation, the tab spacing shall not exceed 24 feet. Raised flexible reflective tabs shall not be utilized for limit lines ( stop bars) or crosswalks without prior approval of the Engineer.

When temporary pavement delineation is needed on a roadway surface that has been grinded, temporary paint shall be utilized. Said temporary pavement delineation must match the alignment, spacing, color, and paint requirements of the permanent or previous pavement delineations. Contractor must maintain the visibility of the temporary paint and re-apply new coats as deemed necessary by the Engineer.

When temporary pavement delineation is needed on a roadway surface that has been slurried, the Contractor shall not use reflective adhesion tape or temporary paint. The Contractor shall use raised flexible reflective tabs that follow the alignment of the permanent paint. Prior to the application of the permanent stripe the Contractor shall remove the tabs from the pavement surface. Removals must be coordinated with the labor force performing the permanent pavement delineation so there are no gap areas in traffic markings for the driving public. 10-2.3.2 Payment for Bid Item 3 – Traffic Control System The contract lump sum price paid for “ Traffic Control System” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in traffic control system, including placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system, traffic handling plans, temporary pavement delineation and markers as required, Construction Area Signs, and Project Funding Signs, as specified in the Standard Specifications these Special Provisions and as shown on the project plans.
10-2.4 BID ITEM 4 – WATER POLLUTION CONTROL
The Contractor shall conform to all applicable local, state and Federal regulations and laws pertaining to water pollution control. The Contractor shall conduct and schedule operations and follow and implement Best Management Practices ( BMPs) in such a manner as to prevent water pollution. The contractor shall take such measures as may be necessary to comply with the provisions in Part C, Section 1-1.2. 10-2.4.1 Payment for Bid Item 4 – Water Pollution Control The Contractor' s cost of implementing the required BMP' s for all project activities shall be included in the contract lump sum price paid for Water Pollution Control.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 17 3/ 5/ 2024
10-3.0 TECHNICAL SPECIFICATIONS FOR STREET REHABILITATION AND

PREVENTIVE MAINTENANCE
All items of work are to be installed or constructed as specified in the Standard Specifications, as shown on the plans, or as modified in these Special Provisions. Each item is listed with the corresponding sections of the Standard Specifications, which may apply thereto. These listings are not necessarily all of the sections which may apply and are not meant to exclude other sections which are not referred to specifically but do give direction to the work. These Special Provisions shall take precedence over the Plans.
10- 3.1 Items of Work for Street Rehabilitation and Preventive Maintenance The following items of work fall into the category of Street Rehabilitation and Preventive Maintenance:

Bid Items 5 – 20 and 57 – 61
10-3.2 General
All equipment and material that the Contractor proposes to install shall conform to these specifications and the contract plans. For convenience in designation on the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and the manufacturer' s catalogue information.

If these Special Provisions specify manufacturers’ names along with the term “ City approved equal”, the use of an alternative article or material which is of equal or superior quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements:

The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and the Contractor shall furnish all information necessary as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials, and the Engineer' s decision shall be final.

Whenever the Contract Documents permit the substitution of a similar or equivalent material or article, no tests or action relating to the acceptance of the substitute material will be made until the request for substitution is made in writing by the Contractor accompanied by complete data as to the equality of the material or article proposed. Request for such substitution shall be made in writing by the Contractor within thirty ( 30) days of the Notice to Proceed. Failure by the Contractor to request substitution within thirty ( 30) days of the Notice to Proceed constitutes an agreement by Contractor to furnish only the materials or equipment listed in the Contract Documents. Until and unless such substitutions are authorized in writing by the Engineer, no deviations from the specifications shall be allowed.
10- 3.3 Reserved
10-3.4 Reserved
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 18 3/ 5/ 2024
10- 3.5 Bid Item 5 – Install Crack Fill/ Crack Repair
Pavement preparation shall consist of the following:

1. All cracks greater than 1/ 8" but less than 1/ 2" in width shall be routed to a minimum width of 1/2” and to a depth of 3/4" to 1" deep.

2. All cracks greater than 1/ 2” in width shall be routed to a depth of 3/ 4" to 1".

3. Seven days prior to the crack routing operation, all cracks with existing weeds or grasses shall be removed with a heat lance. Prior to the application of any sealant, all cracks shall be completely cleaned of deleterious material using a blower or an air compressor. All wedged- in materials that are not readily removed by air shall be removed by gouging or plowing. In addition, the street surface shall be completely cleaned of all pavement preparation debris by a power- driven street sweeper or other suitable means at the end of each work day.

4. All cracks less than 1" in width shall be filled with a Crafco Polyflex Type 3 Sealant or approved equal. Application shall be with a Heated Joint Seal Machine Crafco Model BC- 220 or City approved equal and to the manufacturer' s recommendation.

These may be obtained from Crafco Inc., P.O. Box 20133, Phoenix, Arizona 85036.

This treatment method shall be called " Crack Fill."

5. All cracks greater than 1" in width shall be filled with PG 64- 16 asphalt concrete.

This treatment method shall be called " Crack Repair."

6. All " alligator" cracked areas of the pavement shall be discussed with the Engineer to determine a course of action.

7. Performing traffic control for all work described above unless otherwise unless otherwise included in the Bid Item “ Traffic Control System.” 10- 3.5.1 Treatment Locations
The specific areas that may require Crack Fill/ Crack Repair are as follows:
43rd Street ( San Pablo Avenue – Adeline Street)
45th Street ( San Pablo Avenue – Adeline Street)
47th Street ( San Pablo Avenue – Adeline Street)
48th Street ( San Pablo Avenue – City Limits)
Salem Street ( 43rd Street – 45th Street)
Essex Street ( 43rd Street – 45th Street)
Doyle Street ( 45th Street – Steve Dain Drive)
Powell Street ( Marina, Hong Kong East Ocean Seafood, and City of Emeryville Public Lots)
Point Emery and West Frontage Road ( Point Emery Parking Lot) Alameda County Fire Station No. 35 ( Hollis Street and 63rd Street) 40th and Haven Street ( Town Hall Parking Lot)
Shellmound Street ( 62nd Street – 65th Street)
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 19 3/ 5/ 2024
The Engineer shall also identify locations in the field where crack sealant was not administered prior due to parked cars or other limiting factors. The Engineer shall also identify locations to be re-done where the crack sealant was poorly administered. 10- 3.5.2 Payment
Payment for all required “ Install Crack Fill/ Repair” shall be at the Contract unit price per linear foot of application of Crack Fill used and shall include full compensation for all labor, materials, tools, equipment and incidentals required for crack treatment. Any location that requires Crack Repair shall be at the Contract unit price per ton used and included in the quantities for Bid Item 58.
10-3.6 Bid Item 6 – Type III Micro- Surface
A mix design report shall be prepared, and the aggregate tests specified herein shall be performed by an AMRL ( AASHTO Material Reference Laboratory) accredited laboratory capable of performing the applicable tests, including the International Slurry Surfacing Association ( ISSA) tests. The mix design shall be developed and tested such that it will produce a mix capable of supporting normal vehicular traffic without shedding or deformation within one- hour of placement and shall be submitted to the Engineer for approval.

The AMRL- accredited laboratory that performed the test and designed the mixture shall sign the laboratory report. The report shall show the results of the tests on individual materials and shall compare their values to those required by these Special Provisions. The report shall clearly show the proportions of aggregate, filler ( Minimum and maximum), water ( minimum and maximum), set control additive, and MSE solids content ( Minimum and maximum) based on the dry mass of aggregate. The laboratory shall report the quantitative effects of moisture content on the unit mass of the aggregate ( bulking effect) in conformance with the requirements of ASTM Designation C 29M. Previous laboratory reports covering the same materials may be accepted provided the material test reports were completed within the previous twelve ( 12) months. The mix design shall further show the recommended changes in mineral filler, water, and additive proportions for high temperature weather conditions by reporting proportions of materials required for sixty ( 60) seconds of mix time with materials heated to 100 F.

The component materials used in the mix design shall be the same, or representative of the micro surfacing materials proposed by the Contractor for use on the project.

Once the mix design report is approved by the Engineer, no substitution of other material will be permitted unless the materials proposed for substitution are first tested and a laboratory report is submitted for the substituted design in conformance with the provisions of these Special Provisions. Substituted materials shall not be used unless a revised mix design for those materials has been approved by the Engineer.

All aggregate shall consist of sound, durable, crushed stone or crushed gravel and approved mineral filler. The material shall be free from vegetable matter and other deleterious substances.

The aggregate, prior to the addition of emulsion shall conform to the requirements of this section.

If aggregates are blended each aggregate component shall meet the specified equivalency and abrasion resistance and shall be one hundred percent ( 100%) crushed as tested in accordance with California Test 205. The definition of a crushed particle in California Test 205 Section D is DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 20 3/ 5/ 2024
amended to read: “ Any particle having two ( 2) or more fresh, mechanically- fractured faces shall be considered a crushed particle”.

The mineral filler shall be either Portland cement or hydrated lime that is free of lumps. Portland cement shall be either Type I, Type II, Type III, or combination thereof. The type of mineral filler shall be determined by the contractor based on laboratory mix designs. The mineral filler will be considered part of the aggregate gradation requirement.

Contractor shall place a 100- foot test section for inspection and approval by the Engineer prior to commencement of the work. Within one- hour of placement, the test section must be black in color, fully cured, and capable of supporting normal vehicular traffic without shedding or deformation. The mixture with also be tested with a screwdriver to demonstrate proper adhesion and curing of the layer.

The Engineer will evaluate the completed test strip after 1 hour of placement to determine if the mix design and placement procedure are acceptable. If the mix design or the placement procedure is determined by the Engineer to be unacceptable, the test strip will be rejected, the Contractor shall make modifications, and a new test strip shall be constructed and evaluated by the Engineer. The cost of materials and placement of the test strips, which have been rejected, shall be borne by the Contractor and will not be considered as part of the contract work. If ordered by the Engineer, rejected test strips shall be removed at the Contractors expense. If approved by the Engineer, the Contractor may continue with production work after placement of the test strip at his own risk. If the test strip is rejected, all production work shall be stopped and evaluated by the Engineer. The production work will be evaluated in the same manner as the placement of the test strip and shall conform to the same requirements for the test strip material.

Aggregate, mineral filler, MSE, water, and additives, including the set- control agent, if used, shall be proportioned by volume utilizing the mix design approved by the Engineer. If more than one kind of aggregate is used, the correct amount of each kind of aggregate to produce the required grading shall be proportioned separately, prior to adding the other materials to the mixture, in a manner that will result in a uniform and homogenous blend.

The aggregate shall be proportioned using a belt feeder operated with and adjustable cutoff gate.

The height of the gate opening shall be determinable. The MSE shall be proportioned by a positive displacement pump. Variable rate emulsion pumps, if used, shall be calibrated and sealed in the pump’ s calibrated condition in conformance with California Test 109 prior to usage.

The delivery rate of aggregate and MSE per revolution of the aggregate feeder shall be calibrated at the appropriate gate settings for each mixer- spreader truck used on the project in conformance with Caltrans MPQP ( Material Plant Quality Program), California Test 109 and these Special Provisions.

The aggregate belt feeder shall deliver aggregate to the pugmill with such a volumetric consistency that the deviation for any individual aggregate delivery rate check- run shall not exceed two percent ( 2.0%) of the mathematical average of three ( 3) runs of at least three tons 3 tons) each. The emulsion pump shall deliver MSE to the pugmill with such volumetric consistency that the deviation for any individual delivery rate check- run shall be within two percent ( 2.0%) of the mathematical average of three ( 3) runs of at least 300 gallons each. The water pump shall deliver water to the pugmill with such volumetric consistency that the deviation DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 21 3/ 5/ 2024
for any individual delivery rate check- run shall be within two percent ( 2.0%) of the mathematical average of three ( 3) runs of at least 300 gallons each. The micro surfacing emulsion ( MSE) storage tank shall be located immediately before the emulsion pump and shall be equipped with a device which will automatically shut down the power to the emulsion pump and aggregate belt feeder when the MSE level is lowered to a point where the pump suction line is exposed.

A temperature- indicating device shall be installed in the emulsion storage tank at the pump suction level. The device shall indicate the temperature of the MSE and shall be accurate to within 10 F. The belt delivering the aggregate to the pugmill shall be equipped with a device to monitor the depth of the aggregate being delivered to the pugmill. The device for monitoring the depth of aggregate shall automatically shut down the power to the aggregate belt feeder whenever the depth of aggregate is less than the target depth of flow. A second device shall be located where the device will monitor the movement of the aggregate belt by detecting revolutions of the belt feeder. The devices for monitoring no flow or belt movement shall automatically shut down the power to the aggregate belt when the aggregate belt movement is interrupted. The device to detect revolutions of the belt feeder will not be required where the aggregate delivery belt is an integral part of the drive chain. To avoid erroneous shutdown by normal fluctuation, a delay of three ( 3) seconds will be permitted between sensing and shutdown of the operation.

The micro surfacing shall be mixed in continuous pugmill mixers of adequate size and power for the type of micro surfacing to be placed. All indicators shall be in conformance with the provisions of these Special Provisions and shall be in working order prior to commencing mixing and spreading operations.

Mixer- spreader trucks shall be equipped to proportion the MSE, water, aggregate, mineral filler, and set- control additives by volume. Rotating and reciprocating equipment on mixer- spreader trucks shall be covered with metal guards.

The mixer- spreader truck shall not be operated unless low- flow and no- flow devices and revolution counters are in good working condition and functioning and metal guards are in place.

Indicators required by these Special Provisions shall be visible while walking alongside the mixerspreader truck.

Aggregate feeders shall be connected directly to the drive on emulsion pump. The drive shaft of the aggregate feeder shall be equipped with a revolution counter reading to the nearest onetenth of a revolution.

Each mixing unit to be used in the performance of the work shall be calibrated in the presence of the Engineer at the mixing plant prior to the start of the project. Previous calibration documentation covering the exact materials to be used will be acceptable, provided that no more than sixty ( 60) calendar days have lapsed. The documentation shall include an individual calibration of each material at various settings that can be related to the machine metering devices. Any component replacement affecting material proportioning requires that the machine metering devices. Any component replacement affecting material proportioning requires that the machine be recalibrated. No machine will be allowed to work on the project until the calibration has been completed and accepted.

The micro surfacing mixture shall be spread by means of a spreader box capable of placing the DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 22 3/ 5/ 2024
micro surfacing a minimum of twelve ( 12) feet wide and shall have strips of flexible rubber belting or similar material on each side of the spreader box and in contact with the pavement to prevent the loss of micro surfacing from the box. The edges of the spreader box shall be outside the edge ( and/ or striping line) of the pavement when paving outside or inside lanes. Spreader boxes over eight ( 8) feet in application width shall have baffles, reversible motor driven augers or other suitable means to insure uniform application on super elevated sections and shoulder slopes.

Spreader box skids shall be maintained in such a manner as to prevent chatter ( wash boarding) in the finished mat. The spreader box in use shall be clean and free of micro surfacing and MSE at the start of each work shift.

The spreader box shall have a series of strike- off devices at the rear of the box. The leading strike- off device shall be fabricated of steel, stiff rubber, or other suitable material. The number of strike- off devices shall be determined by the Contractor. The first strike- off device shall be designed to maintain close contact with the pavement during the spreading operations, shall obtain the thickness required, and shall be capable of being adjusted to the various pavement cross sections for application of a uniform micro surfacing finished surface. The final strike- off device shall be fabricated of flexible material suitable for the intended use and shall be designed and operated to ensure a uniform texture is achieved in the finished surface of the micro surfacing. The final strike- off device shall be cleaned and/ or changed daily.

Flexible fabric drags attached to the rear of the spreader box shall not be used.

Micro surfacing spreader box shall be wrapped in plastic or other suitable material to prevent micro surfacing materials being dropped on the haul routes while in transit to and from the stockpile area or from one project street to another. Failure to comply with this specification shall be grounds for suspension of work until corrective measures are implemented.

The pavements to be micro- surfaced are highly weathered and raveled and will require a concerted effort to clean and properly prepare for micro- surfacing. Special care shall be taken to clean the pavement thoroughly before the micro surface application. Contractor shall provide whatever cleaning methods necessary to remove all dirt, loose material, weeds, etc. from the pavement of all pavements to receive the micro surfacing. The contractor shall be responsible for sweeping the pavements until sufficiently cleaned to the satisfaction of the Engineer. This shall involve a minimum of three passes with a power broom street sweeper ( Mobile or equivalent). The equipment used by the contractor for pavement cleaning and excess aggregate removal shall include operational top dumping pick- up brooms. Pavements shall be swept from edge to edge and all loose debris removed. Pavement missed by or inaccessible to broom sweepers shall be swept manually or by other methods approved by the Engineer.

Existing facilities shall be protected per Section 5-1.36 Property And Facilities Preservation of General Provisions. Manholes, valve boxes, survey monuments or other miscellaneous frames and lids shall not receive a seal coat. Immediately before commencing the seal coat operations, all appurtenance frames and lids shall be protected by thoroughly covering the surface with an appropriate adhesive and paper or plastic. No adhesive material shall be permitted to cover, seal or fill the joint between the frame and lid of the structure. Appurtenances are to be uncovered, and any seal coated frame or lid shall be cleaned to the satisfaction of the Engineer by the end of the same workday.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 23 3/ 5/ 2024
The pavement must be completely dry prior to the application of micro surfacing. In the event that a scheduled area should become wet due to irrigation, rain, fog, a water leak, or any other reason, the area shall be re-scheduled for construction no sooner than one day after the surface has dried or as directed by the Engineer.

The micro surfacing mixture shall be placed and spread on the existing surfacing to create a surface that is uniform to within ½- inch over eight feet. The micro- surfacing shall be spear without spotting, re-handling or otherwise shifting of the mixture. In areas where depressions are to be filled with micro- surfacing, the depth of micro- surfacing placed in a single pass shall not exceed 0.10 feet.

The micro surfacing mixture shall be not be placed when the ambient temperature in the shade and the pavement temperature are below 50 F or during unsuitable weather ( i.e. foggy or rainy).

Micro surfacing shall not be placed if rain is imminent or if there is the possibility that there will be freezing temperatures within twenty- four ( 24) hours. The surface shall be black and cured prior to opening traffic. Test the mixture with a screwdriver or similar tool in several locations to demonstrate to inspector proper adhesion and curing of the layer.

Micro surfacing shall be spread at the minimum rate of 30-32 lbs. of dry aggregate per square yard. Longitudinal joints shall correspond with the flow direction of traffic as determined by the Engineer. Longitudinal joints common to two ( 2) traffic lanes shall be butt joints with overlaps not to exceed 3 inches. Building paper or roofing felt shall be placed at the transvers joints to avoid double placement of the micro surfacing. Other methods to avoid double placement of the micro surfacing are not allowed. Suitable hand tools shall be available to remove spillage.

The mixture shall be uniform and homogenous after placing on the surfacing and shall not show separation of the MSE and aggregate after setting. The completed surface shall be of uniform texture and free from wash boarding segregation, drag marks, ruts, humps, depressions, or irregularities.

Adequate means shall be provided to protect the micro surfacing from damage by traffic until such time that the mixture has cured sufficiently so that the micro surfacing will not adhere to or be picked up by the tires of vehicles.

Any micro surfacing material that is spilled onto concrete surfaces shall be removed on the same day the material was placed. Concrete surfaces that are stained due to spilled material shall be cleaned to the satisfaction of the engineer.

Areas requiring handwork shall have the required application rates as other areas. These areas shall be finished with a uniform texture that matches the texture and color of the finished surface produced by the spreader box.

The surfaces shall be rolled by self- propelled, 10-ton ( maximum) pneumatic tire roller equipped with a water spray system and shall receive a minimum of two ( 2) full coverage passes. All tires shall be inflated per manufacturer’ s specifications and to within +/- 5PSI. Rolling shall not start until the micro surfacing has cured sufficiently to avoid damage by the roller.

The maximum difference between the pavement surface and the bottom edge of a 12-foot straightedge placed perpendicular to any joint or concrete edge shall be 0.04 feet.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 24 3/ 5/ 2024
10-3.6.2 – Asphalt Rubber Chip Seal Specification
Except as modified herein, all materials, tests and work shall be in accordance with Section 37, " Bituminous Seals” of the State Standard Specifications.

The Crumb Rubber Modifier ( CRM) used shall be produced primarily from the processing of automobile and truck tires. The rubber shall be produced by ambient temperature grinding processes only. The gradation of the CRM when tested in accordance with ASTM C- 136 ( dry sieve only) and using a 100- gram sample, shall meet the requirements in the following table:

Sieve Size Percent Passing
8 (2.36 mm) 100
10 ( 2 mm) 98 - 100
16 ( 1.18 45 - 75
30 ( 600 m) 2 - 20
50 ( 300 m) 0 - 6
200 ( 75 m) ---
The use of CRM from multiple sources is acceptable provided that the overall blend of rubber meets the gradation requirements. The individual CRM particles, irrespective of diameter, shall not be greater in length than 3/ 16 of an inch and shall have a specific gravity of 1.15. The CRM shall be designated Grade “ A” or Grade “ B”. For Grade “ A” CRM, the fiber content shall be less than 0.1% by weight. For Grade “ B” CRM, the fiber content shall be less than 0.5% by weight. Fiber content shall be determined by weighing fiber agglomerations, which are formed during the gradation test procedure. Rubber particles shall be removed from the fiber agglomerations before weighing. For each type and grade of CRM, the moisture content shall be less than 0.75% by weight.

For each type and grade of CRM, the mineral contaminant amount shall not be greater than 0.25% by weight as determined after water separating a 50- gram ( minimum) rubber sample in a one-liter glass beaker filled with water. The CRM shall contain no visible metal particles as indicated by thorough stirring of a 50-gram ( minimum) rubber sample with a magnet. The CRM material shall conform to the chemical analysis in the following table:

CRM Chemical Requirements
Test ASTM Test Method Min. Max.

Acetone Extract D 297 6.0 % 16.0 %
Ash Content D 297 ---- 8.0%
Carbon Black Content D 297 28. 0 % 38. 0 %
Rubber Hydrocarbon D 297 42.0 % 65.0 %
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 25 3/ 5/ 2024
Natural Rubber Content D 297 22. 0 % 39. 0 %
The extender shall be a resinous, high flash point aromatic hydrocarbon compound conforming to the following test requirements:

Test Test Method Specification
Viscosity, SSU @ 140° F ASTM D- 88 1,500 min.

Flash Point, COC, ° F ASTM D- 92 390 min.

Molecular Analysis:

Asphaltenes, % by weight ASTM D-2007 0.1 max.

Aromatics, % by weight ASTM D-2007 55.0 min.

Paving asphalt shall conform to Section 92, " Asphalts” of the State Standard Specifications and shall be steam refined paving asphalt, viscosity grade PG 64-16. The paving asphalt and extender shall meet the criteria in the following table when reacted with the PG asphalt at 375° F for a minimum of 30 minutes.

Specification Limits for Asphalt- Rubber Binder
Apparent Viscosity, 347° F Spindle 3, 12 RPM: cps ( ASTM D2669)
Min
Max
1500
3500
Penetration, 77° F, 100g, 5 sec; 1/ 10 dm ( ASTM D217) Min Max
20 70
Softening Point, ° F ( ASTM D36) Min 160° F
Resilience, 77° F ( ASTM D3407) Min 35%
The viscosity shall be conducted by using a handheld HAAKE VISCOMETER with rotor 1, 24mm in depth x 53mm in height, or equivalent. The reacted Asphalt- Rubber binder shall be maintained at a temperature of not less than 375° F, or more than 425° F.

The asphalt- rubber binder shall consist of between 78% and 82% paving asphalt including extender) and between 18% and 22% rubber ( by weight to the total asphalt rubber mixture).

The asphalt rubber mixture shall be spread as soon as possible after reaching the desired consistency. In the event a delay occurs when the product is ready to be applied, the heat will be turned off until the job resumes. The material shall not be held at temperatures over 400° F for more than 4 hours.

Aggregate used in the asphalt- rubber chip seal shall be 3/8-inch and consist of sound, durable, crushed stone or crushed gravel and approved mineral filler. The aggregate material shall be clean and free from vegetable matter and other deleterious substances.

The crushed aggregate shall have a minimum Cleanness Value ( CV) or 80. Aggregates shall be 100% crushed with no rounded particles, and volcanic in origin.

The aggregate used shall meet the following requirements:

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 26 3/ 5/ 2024
Test CA Test Requiremen
ts Loss in LA Rattler ( 100 211 7% max.

Loss in LA Rattler ( 500 211 30% max.

Film Stripping 302 25% max.

Cleanness Value 227 80
minimum
All aggregates shall be thoroughly cleaned and preheated to a temperature between 290° F and 350° F and then pre- coated with hot mixed, paving- grade asphalt applied at a rate between 0.5 and 1.0 percent of paving asphalt by weight of dry aggregate. Dusty aggregates will be rejected. Stockpiling of aggregates after preheating and pre- coating will not be permitted. Contractor shall arrange with the batch plant to coordinate the precoating application such that only coated chips are produced. Experience has shown that if a load of asphalt is produced in the same drum, the next load of chips will contain excessive dust and fine material and may be cause for rejection of the load. The drum shall also be cleaned of all fine material prior to commencing the pre- coating operations.

The pre- coated aggregate shall have a slat- and- pepper appearance and shall be supplied to the project site at a temperature range of between 225° F and 325° F.

No single aggregate grading or Cleanness Value test shall represent more than 300 tons or one day' s production, whichever is smaller. Representative samples for grading requirements will be taken prior to pre- coating with paving asphalt. Representative samples for Cleanness Value test will be taken immediately prior to preheating the material. Canvas or similar covers that completely cover each load of pre- coated screening shall be used during hauling to minimize the temperature drop of the aggregates.

Contractor shall supply and use a PG asphalt cement heating tank with a hot oil heat transfer system or a retort heating system capable of heating the PG asphalt cement to the proper temperature for blending with the CRM.

Contractor shall supply and use an Asphalt Rubber mechanical blender shall have a twostage continuous mixing process capable of producing a homogenous blend of PG asphalt cement and CRM, at the mix design specified ratios, as directed by the engineer. The mechanical blender shall be equipped with a granulated rubber feed system capable of supplying the PG asphalt cement feed system, as not to interrupt the continuity of the blending process. The maximum capacity of the primary blending vessel shall be 500 gallons. Both the primary and secondary blenders shall be equipped with an agitation device orientated vertically in the blending vessel. The mechanical blender shall be capable of fully blending the individual modifier particles ( CRM) with the PG asphalt cement. A separate PG asphalt cement feed pump and finished product pump are required. This unit shall have a PG asphalt cement totalizing meter in gallons and a flow rate meter in gallons per minute.

Contractor shall supply and use a distributor truck equipped with a heating unit, and an internal mixing device capable of maintaining a uniform mixture of PG asphalt cement and CRM. It shall be equipped with a full circulating spreader bar and pumping system capable of applying the Asphalt Rubber binder material within a 5% tolerance of the specified application rate, and must achieve a uniform covering of the surface to be treated. The DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 27 3/ 5/ 2024
distributor shall have a boot board on the rear of the vehicle and a bootman shall accompany the distributor. The bootman shall ride in a position so that all the spray bar tips are in full view and readily assessable for unplugging if a plugged tip should occur.

The distributor truck shall also require a thermometer and a computer rate control ( CRC).

The AR chip spreader shall be a self- propelled machine with an aggregate receiving hopper in the rear, belt conveyors to carry the pre- coated aggregate to the front, and a full width spreading hopper. The spreader shall be in good mechanical condition and shall be capable of applying the cover aggregate uniformly across the spread width and at the specified application rate, and heat- treated belts should be installed on the chip spreader.

Sufficient rollers shall be used to cover the width of the aggregate spread with one pass.

The first pass shall be made immediately behind the aggregate spreader as the aggregate is being placed. Three ( 3) complete passes with the pneumatic tire rollers shall be made.

The pneumatic- tired rollers’ shall carry a minimum loading of 3,000 pounds on each wheel and a minimum pressure of 90 pounds per square inch in each tire. Foam filled tires may be utilized.

Trucks for hauling the pre- coated cover aggregate shall be tailgate discharge and shall be equipped with a device to lock onto the hitch of the cover material spreader. Haul trucks shall also be compatible with the cover aggregate spreader so that the dump bed will not push down on the spreader when fully raised, or have too short of a bed which results in aggregate spillage while dumping into the receiving hopper.

Special care shall be taken to clean the pavement before the chip seal application.

Contractor shall provide whatever cleaning methods necessary to remove all dirt, loose material, weeds, etc. from the pavement of all streets to receive the asphalt rubber chip seal. Contractor shall be responsible for sweeping the streets until sufficiently cleaned to the satisfaction of the Engineer. This shall involve a minimum of three passes with a power broom street sweeper ( Mobile or equivalent). Pavements shall be swept completely and thoroughly from edge to edge. Pavement missed by or inaccessible to broom sweepers shall be swept manually or by other methods approved by the Engineer.

Asphalt Rubber binder material shall be applied only when the existing surface is dry and the atmospheric temperature is above 50° F and rising. No material shall be applied when predicted chance of rain is higher than 75 % or when the wind is in excess of 20 mph, as directed by the Engineer.

Placement of the Asphalt Rubber shall proceed only under the following conditions:
a) The pavement surface temperature shall be 60° F and rising. b) The pavement surface is clean and dry.
c) The wind conditions do not exceed 20 mph.
d) All of the construction equipment such as the Asphalt- Rubber distributor, aggregate spreader, haul trucks loaded with cover material, rollers and brooms are in position and ready to commence placement operations. e) Chance of rain does not exceed 50%.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 28 3/ 5/ 2024
Asphalt Rubber binder shall be applied to the roadway following the mixing, reacting, and blending of Asphalt Rubber binder at a rate of 0.55 to 0.65 gallons per square yard.

Distributor bar height, tip size, distribution, speed, and shielding materials shall be utilized to reduce the effects of excess wind upon the spray distribution ( fan), of each binder.

The Engineer shall delay or reschedule work when high gusting or dusty winds in excess of 20 mph prevent or adversely affect binder or aggregate application.

The application of Asphalt Rubber binder to areas not accessible with the distributor bar on the distributor truck shall be accomplished by using a squeegee or other means approved by the Engineer. The thickness, quality and appearance of any hand- worked areas shall be indistinguishable from the other areas.

The 3/ 8-inch cover material shall be applied immediately onto the Asphalt Rubber membrane at a rate of 28 to 32 pounds per square yard. The actual rate selected within this range will be determined in the field based on the appearance of the Asphalt Rubber chip seal after initial rolling. Aggregates shall be spread when the temperature is not less than 225° F.

Sufficient rollers shall be used for the initial rolling to cover the width of the aggregate spread with one pass. The pneumatic tire rollers shall be operated in front of the steel wheel roller. The first pass shall be made immediately behind the cover material spreader chip- box) as the aggregate is being placed. If the spreading is stopped for an extended period, the cover material spreader ( chip- box) shall be moved ahead or off the chip seal surface so that all cover material may be immediately rolled. Three complete passes shall be made with the pneumatic rollers.

The completed asphalt rubber chip seal shall be left to cure for a period of at least 7 days before the slurry seal is placed over it.
10-3.6.1 Payment
The contract unit price paid per square feet for TYPE III MICRO SURFACING shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in the application of micro surfacing as specified in the project plans, project specifications, these Special Provisions, and as directed by the Engineer. This shall include furnishing all labor, material, tools, equipment and incidentals required to perform all work specified herein including, but not limited to; cleaning and drying all pavement areas, protection of manhole covers and miscellaneous covers and lids, application of tack coat, tree protection, Asphalt Rubber Chip Seal application, final cleanup and any other items required for the complete provision of the work as specified in these Special Provisions, as shown on the Plans, and as directed by the Engineer and no additional compensation shall be allowed therefor. When Type I or Type II slurry is called out to be installed on top of the Type III micro- surfacing, the quantities for the slurry will be paid out in their respective bid items ( Bid Item 8 or 9).
10-3.7 Bid Item 7 – Type 3 Micro- Surfacing as Leveling Course DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 29 3/ 5/ 2024
This work shall consist of mixing polymer modified asphalt emulsion, aggregate, mineral filler, set- control additives, and water and spreading the mixture on a surfacing or pavement where shown on the plans, as specified in these special provisions, and as directed by the Engineer. The mix should be capable of being spread in variably thick cross sections ( wedges, wheel path depressions, scratch courses and surfaces) which, after curing and initial traffic consolidation, resist deformation throughout the entire design tolerance range of bitumen content and variable thickness to be encountered. Microsurfacing shall conform to the provisions of section 37 “ Seal Coats” of the State Standards and these Special Provisions except as modified or appended herein.

When project plans require a leveling course, Micro Surfacing material shall be used to fill ruts, utility cuts, depressions in the existing surface, etc. Ruts/ depressions of

0.5” or greater in depth, shall be filled independently with a rut-filling box, either 5 ft or 6 ft in width. Ruts that are in excess of 1.5” in depth may require multiple applications with the rut-filling box to restore the cross- section. When rutting or deformation is less than 0.5”, a full width scratch course may be applied with the spreader box using a metal or stiff rubber strike- off. Apply at a sufficient rate to level the pavement surface.

The material for Microsurfacing immediately prior to mixing shall conform to the following requirements:

Asphalt emulsion shall be homogenous and shall be a polymer MSE cationic asphalt emulsion conforming to the requirements of Section 94 “ Asphaltic Emulsions” and these Special Provisions.

The polymer material shall be milled or blended into the asphalt or blended into the emulsifier solution prior to the emulsification process. The asphalt emulsion manufacturer shall certify that the emulsion contains a minimum of 4% polymer solids based on the mass of asphalt ( asphalt residual) within the emulsion. The emulsion, upon standing undisturbed for a period of twentyfour ( 24) hours, shall show no white or milky colored substance on its surface, and shall be a homogeneous brown color throughout.

The polymer modified quick- setting quick- traffic asphalt emulsion shall conform to the following requirements when tested in accordance with the specified test method.

Tests on Emulsion
Test Test Method Requirement
Viscosity SSF @ 25° C AASHTO T 59 15 - 90 sec
Sieve AASHTO T 59 0.30 % max
Settlement , 5 days ASTM D244 5 % max
Storage Stability, 1 day AASHTO T 59 1 % max
Residue by distillation California Test 331 62 % min
Tests on Residue
Test Test Method Requirement
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 30 3/ 5/ 2024
Penetration @ 25° C, 100
gm, 5 sec.

AASHTO T 51 40- 90 mm
Softening Point AASHTO T 53 57° C min
Water shall be of such quality that the asphalt will not separate from the emulsion before the Microsurfacing is in place on the pavement. If necessary for workability, a set- control agent that will not adversely affect Microsurfacing may be used.

Mineral filler shall be any recognized brand of non- air entrained Portland cement or hydrated lime that is free of lumps. The type and amount of mineral filler needed shall be determined by the laboratory mix design. An increase or decrease of less than one percent may be permitted when the Microsurfacing is being placed if it is found to be necessary for better consistency or set times.

The mineral aggregate used shall be of the type and grade specified for the particular use of the Microsurfacing. Aggregate shall consist of sound, durable, crushed stone or crushed gravel and approved mineral filler. The material shall be free from vegetable matter and other deleterious substances. Aggregates shall be 100% crushed material with no rounded particles and shall be volcanic in origin. All aggregate shall be free of caked lumps and oversize particles.

The aggregate, prior to the addition of emulsion shall conform to the requirements of this section.

If aggregates are blended each component aggregate shall meet the sand equivalency and abrasion resistance and shall be 100% crushed as tested in accordance with California Test 205.

The definition of a crushed particle in California Test 205 Section D, is amended to read: “ Any particle having 2 or more fresh mechanically fractured faces shall be considered a crushed particle.”
The percentage composition by mass of the aggregate shall meet the following grading requirements when tested in conformance with California Test 202:

TYPE III
Sieve Size Percentage
Passing
3/8” ( 9.5 mm) 100
No. 4 ( 4.75 mm) 70-90
No. 8 ( 2.36 mm) 45-70
No. 16 ( 1.18 mm) 28-50
No. 30 ( 600 um) 19- 34
No. 200 ( 75 um) 5-15
Test Method Requirement
Sand Equivalent ASTM D2419 65 minimum
Durability Index California Test 229 65 minimum
Abrasion Resistance* ASTM C131 30% maximum after 500 revolutions DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 31 3/ 5/ 2024
At least 7 working days before Microsurfacing placement commences, the Contractor shall submit to the Engineer for approval a laboratory report of tests and a proposed mix design covering the specific materials to be used on the project.

The tests and mix design shall be performed by a laboratory capable of performing the applicable International Slurry Surfacing Association ( ISSA) tests. The proposed Microsurfacing mixture shall conform to the requirements specified when tested in accordance with the following tests:

Test ISSA Test Requirement
Wet Cohesion TB* 139
@30 min. ( set)
12 kg-cm minimum
@60 min. ( traffic) 20 kg- cm minimum
or near spin)
Excess Asphalt TB 109 540 g/ m[ JF1] 2
maximum
Wet Stripping TB 114 Pass ( 90% minimum)
Wet Track
Abrasion
TB 100
Six day soak
810 g/ m[ JF2] 2
loss
Displacement TB 147A
Lateral report
Specific Gravity after
1000 cycles of 56.8 kg
report
Classification
Compatibility
TB 144 ( AAA, BAA)
11 grade points
minimum
Mix Time @ 25° C TB 113 Controllable to 120
seconds minimum
TB = Technical Bulletin
The original laboratory report shall be signed by the laboratory that performed the tests and mix design and shall show the results of the test on individual materials, comparing their values to those required by the specifications. The report shall clearly show the proportions of aggregate, filler, water ( minimum and maximum), set control additive, and asphalt solids content ( minimum and maximum) based on the dry mass of aggregate. The laboratory shall also report the quantitative effects of moisture content on the unit mass of the aggregate ( bulking effect).

Previous laboratory reports covering the same materials may be accepted provided they are made within the previous 12 months. The mix design will further show recommended changes in cement, water and additive proportions for high temperature weather conditions by reporting proportions of materials required for 60 seconds of mix time with materials heated to 38° C. This 38° C mixing report will not be required for projects requiring night time application or application in cool weather conditions.

All the component materials used in the mix design shall be representative of the materials proposed by the contractor to be used on the project.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 32 3/ 5/ 2024
Once the proportions of materials to be used are approved by the Engineer, no substitution of other materials will be permitted unless the materials proposed for substitution are first tested and a laboratory report is submitted for the substituted design as specified above. Substituted materials shall not be used until the mix design for those materials is approved by the Engineer.

Aggregate, mineral filler, asphalt emulsion, water, and additives, including set- control agent if used, shall be proportioned by volume utilizing the mix design approved by the Engineer. If more than one kind of aggregate is used, the correct amount of each kind of aggregate to produce the required grading shall be proportioned separately, prior to adding the other materials of the mixture, in a manner that will result in a uniform and homogeneous aggregate blend.

The percentages of each individual material required shall be shown in the laboratory report.

Adjustments may be required during the construction, based on field conditions. The component materials shall be within the following limits:

Residual Asphalt 5.5% to 9.5% by dry mass of aggregate
Mineral Filler 0% to 3% by dry mass of aggregate
Additive As needed
Water As required to produce proper mix consistency
The completed mixture, after addition of water and any set- control agent, shall be such that the Microsurfacing mixture has proper workability and ( a) will permit a traffic flow without pilot- carassisted traffic control on the Microsurfacing within one hour after placement, and ( b) will prevent development of bleeding, raveling, separation or other distress within 15 days after placing the Microsurfacing. However, when ambient temperatures are below 55° F traffic may not be permitted on the Microsurfacing until it has sufficiently cured. The time for sufficient curing shall be mutually agreed upon between the contractor and the Engineer.

The aggregate shall be proportioned using a belt feeder operated with an adjustable cutoff gate.

The height of the gate opening shall be readily determinable. The emulsion shall be proportioned by a positive displacement pump. Any variable rate emulsion pump, if used, shall be calibrated and sealed in its calibrated condition in accordance with the Material Plant Quality Program MPQP) prior to usage.

The delivery rate of aggregate and emulsion per revolution of the aggregate feeder shall be calibrated at the appropriate gate settings for each mixer- spreader truck used on the project in accordance with MPQP and the requirements of these special provisions.

The aggregate belt feeder shall deliver aggregate to the pugmill with such volumetric consistency that the deviation for any individual aggregate delivery rate check- run shall not exceed 2.0 percent of the mathematical average of three runs of at least 3 tons in duration each. The emulsion pump shall deliver emulsion to the pugmill with such volumetric consistency that the deviation for any individual delivery rate check- run shall be within 2.0 percent of the mathematical average of three runs of at least 1135 liters each in duration. The water pump shall deliver water to the pugmill with such volumetric consistency that the deviation for any individual delivery rate check- run shall be within 2.0 percent of the mathematical average of three runs of at least 1135 liters each in duration.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 33 3/ 5/ 2024
The emulsion storage located immediately before the emulsion pump shall be equipped with a device which will automatically shut down the power to the emulsion pump and aggregate belt feeder when the emulsion level is lowered sufficiently to expose the pump suction line.

The belt delivering the aggregate to the pugmill shall be equipped with a device to monitor the depth of aggregate being delivered to the pugmill. Said device for monitoring depth of aggregate shall automatically shut down the power to the aggregate belt feeder whenever the depth of aggregate is less than the target depth of flow. A second device shall be located where it will monitor movement of the aggregate belt by detecting revolutions of the belt feeder. The device for monitoring no flow or belt movement, as the case may be, shall automatically shut down the power to the aggregate belt when aggregate belt movement is interrupted. This second device will not be required where the aggregate delivery belt is an integral part of its drive chain. To avoid erroneous shutdown by normal fluctuation, a delay of 3 seconds between sensing and shutdown of the operation will be permitted.

The self- propelled mixing machine shall be equipped with a continuous flow pug mill capable of accurately delivering and automatically proportioning the aggregate, emulsified asphalt, water and additives to a double shafted, multi- blade pug mill mixer capable of minimum speeds of 200 revolutions per minute.

Mixer- spreader trucks shall be equipped to proportion emulsion, water, aggregate, and set-control additives by volume.

In addition to the requirements of the fourth paragraph of Section 5-1.10, “ Equipment and Plants,” of the Standard Specifications, the identifying number of mixer- spreader trucks shall be at least 2 inches in height, located on the front and rear of the vehicle.

The Microsurfacing mixture shall be spread by means of a spreader box conforming to the following requirements:

The spreader box shall be capable of spreading a traffic lane width and shall have strips of flexible rubber belting or similar material on each side of the spreader box and in contact with the pavement to positively prevent loss of Microsurfacing from the ends of the box. All spreader boxes over 8 feet in application width shall have baffles, reversible motor driven augers, or other suitable means, to insure uniform application on superelevated sections and shoulder slopes. Spreader box skids shall be maintained in such manner as to prevent chatter ( wash boarding) in the finished mat.

The spreader box shall have a double strike- off blade design at the rear of the box. The first strike- off blade shall be made of steel or stiff rubber and the second strike- off blade ( attached to the first blade) shall be made of a flexible material. Rear flexible strike- off blades shall make close contact with the pavement, and shall be capable of being adjusted to the various crown shapes so as to apply a uniform Microsurfacing coat. A secondary strike- off blade attached to the rear of the spreader box ( located behind the double strike- off blades at the rear of the spreader box) shall be provided and shall be adjustable. It shall be designed and operated such that a uniform texture is achieved in the finished surface of the Microsurfacing.

Flexible fabric drags attached to the rear of the spreader box shall not be allowed. Strike- off DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 34 3/ 5/ 2024
blades ( rubber) shall be cleaned or changed daily if problems with cleanliness and longitudinal scouring occur.

Within the limits of the surface treatment Contractor shall remove any vegetation, all existing thermoplastic striping, thermoplastic legends, raised pavement markers and existing pavement shall be cleaned of all oil, debris, grease spots and weeds with an approved detergent immediately prior to the surfacing operations, the Contractor shall sweep the entire surface with vacuum assisted power brooms.

The Microsurfacing mixture shall be uniformly spread on the existing surfacing within the rate specified.

Microsurfacing shall only be placed when the ambient and pavement surface temperature is 50° F minimum and rising. Microsurfacing shall not be placed if rain is falling or is imminent or if there is the possibility that the finished product will freeze within 24 hours.

Before placing the Microsurfacing, the pavement surface shall be cleaned by sweeping, flushing or other means necessary to remove all loose particles of paving, all dirt and all other extraneous material.

Microsurfacing shall be spread at a rate within the following ranges of pound of dry aggregate per square yard ( kilograms of dry aggregate per square meter).

The spread rate for Microsurfacing ( Type III) shall be 25 lbs. / SY.

The exact rate will be determined by the Engineer after taking into account the surface demand of the pavement, the size of the largest particles of aggregate and using the specific mass of the aggregate determined in the mix design. The completed spread will be within 10 percent of the rate determined by the mix design.

Longitudinal joints shall correspond with the edges of traffic lanes. The Engineer may permit other patterns of longitudinal joints, if such patterns will not adversely affect the quality of the finished product, as determined by the Engineer.

Building paper shall be placed at transverse joints, over previously placed Microsurfacing, or other suitable methods, approved by the Engineer, used to avoid double placement of Microsurfacing.

Hand tools shall be available in order to remove spillage. Ridges or bumps in the finished surface shall not be permitted.

The mixture shall be uniform and homogeneous after spreading on the surfacing and shall not show separation of the emulsion and aggregate after setting.

Adequate means shall be provided to protect the Microsurfacing from damage by traffic until such DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 35 3/ 5/ 2024
time that the mixture has cured sufficiently so that the Microsurfacing will not adhere to and be picked up by the tires of vehicles.

Contractor shall sweep the Microsurfacing 24 hours after placement without damaging the new surface.

The Microsurfacing Type III surface shall be rolled after the surfacing coat has cured sufficiently so as not to pick up on the vehicle tires, but not more than 2 hours after placement. The roller shall be five ton ( 5) self- propelled pneumatic rollers, with tire pressure of 50 psi and a water spray system. The Microsurfacing Type III surfacing coat shall be given a minimum of three complete passes with the roller or until the material is compacted with a uniform surface. 10-3.7.1 Payment for Bid Item 7 – Type 3 Microsurface for Leveling Course Full compensation for furnishing all the labor, materials, tools, equipment, incidentals and with all work involved in placing the Microsurfacing, complete including testing for and furnish mix design, cleaning the surface, furnishing added water and set-control additives, mixing water with asphalt emulsion for coating the pavement, rolling and protecting the Microsurfacing until it has set, as shown on the plans, and as specified in these special provisions, and as directed by the Engineer. for all work performed under this section Microsurfacing ( Type III)” shall be considered as included in the contract price paid per square feet Microsurfacing - Type III and no additional compensation will be allowed. 10- 3.8 Bid Item 8 and Bid Item 9 – Type I and II Slurry Seal These items shall conform to Section 37-3 “ Slurry Seal” of the Standard Specifications and as specified herein.

Black sand meeting the requirements in Section 37-3 “ Slurry Seal” shall be used in the slurry seal mix design.

Emulsified asphalt shall be CQS- 1h. The latex additive shall be ULTRAPAVE 65K or an approved equal. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of 2% by weight of the asphalt emulsion. Contractor shall provide a certificate of compliance that the emulsion- aggregate slurry mix meets the requirements in the Standard Specifications and these Special Provisions.

The joint between the edge of pavement and the concrete gutter shall be sealed with slurry seal.

The slurry may overlap the concrete gutter edge no more than one ( 1) inch. If any slurry goes past the overlap limit, the Contractor shall make efforts to clean the gutter area. The edges of the slurry shall be maintained in a neat and uniform line.

The Contractor shall not allow any liquids used for cleanup of tools and equipment ( such as diesel fuel or solvents) to spill on the pavement, curbs, gutter, parkways, or other improved areas. 10- 3.8.1 Payment
Payment for this item shall be at the contract unit price per square foot of slurry seal installed and shall include full compensations for furnishing all labor, materials, tools, equipment, and incidentals for performing the work as described herein, and as directed DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 36 3/ 5/ 2024
by the City Engineer.
10-3.9 NOT USED.
10- 3.10 Bid Item 10, 11, and 12 – Remove and Replace Pavement Section - Dig Out Locations
Remove and Replace Pavement Section - Dig Out Locations” shall conform to the provisions in Section 15, “ Existing Highway Facilities”, Section 19, “ Earthwork” of the Standard Specifications and as detailed on the plans and these Special Provisions.

Bid Item 10: Type A – 4” min depth
Bid Item 11: Type B – 6” min depth
Bid Item 12: Type C – 8” min depth
Where Dig Out quantities are indicated on the plans or in the quantity tables on the project plans, the actual locations will be marked out in the field by the Engineer during construction. Contractor shall meet with Engineer on each street and per field layout by the Engineer, the Contractor is to sawcut and remove existing asphalt concrete, paving reinforcement fabric, curb/ gutter, Portland cement concrete, and/ or existing base/ subgrade material to a minimum depth of 4”/ 6”/ 8” from the existing surface and shall include compacting existing base material to a relative density of 95%. This item shall also include and all sawcutting necessary to create a clean, straight, vertical edge.

At each removal location where new DGAC will be placed, new Type B, PG 64-10 emulsion, 1/2” maximum asphalt concrete shall be placed to finished grade as described below within the same work shift of asphalt concrete removal.

The replacement asphalt for Dig Out ( Type A) Locations shall be completed utilizing a minimum of 2 lifts ( 1.5” minimum per lift) with the following criteria: the base course lift( s) shall be completed the same day as the completion of the Dig Out removal; and upon completion of the base course replacement pavement, the base course surface may only be 0.10’ minimum to 0.125’ maximum below the original asphalt surface elevations, and replaced within 5 working days after initial commencement of milling.

The replacement asphalt for Dig Out ( Type B and C) Locations shall be completed utilizing a minimum of 3 lifts (1.5” minimum per lift) with the following criteria: the base course lift(s) shall be completed the same day as the completion of the Dig Out removal; and upon completion of the base course replacement pavement, the base course surface may only be 0.10’ minimum to 0.125’ maximum below the original asphalt surface elevations, and replaced within 5 working days after initial commencement of milling.

In areas where a Dig Out location will be behind a new curb, where an existing bulb- out planter is being extended/ re-built, the Contractor is to sawcut and remove existing asphalt concrete, paving reinforcement fabric, curb/ gutter, Portland cement concrete, and/ or existing base/ subgrade material as needed to form the new shape of the bulb- out planter. In these locations removals should be done to a minimum depth of 4”/ 6”/ 8” from the top of the new curb and shall include compacting existing base material to a relative density of 95%.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 37 3/ 5/ 2024
The Contractor will provide traffic control so that the Engineer is able to field locate Dig Out repair locations within 5 working days of the completion of the grinding operations.

Minimum size of each Dig Out location will be 25 square feet and 5 feet minimum in width in any direction. Daily Dig Out repair removals shall be limited to the area that can be fully restored within the same shift so that all traffic lanes can be open at the end of each shift. Dig Outs will be marked in the field by the Engineer and during site walk- throughs with Contractor to confirm locations, size, and shape.

The Engineer reserves the right to suspend delivery of AC to the jobsite to ensure the AC placement operations are completed and the full traveled way is opened to traffic prior to the time limits specified in Part C, Section 1-5.0 “ Maintaining Traffic” of these Special Provisions Where new pavement joins an existing pavement, the surface will be inspected for smoothness of the seam between the two surfaces. When a six feet long straightedge is laid across the seam between " new" and " old" pavement, the surface shall not vary more than 0.03 feet from the lower edge. At join lines along new concrete gutters or where the existing asphalt pavement has been removed, the finished surface shall not vary more than 0.00' to 0.05' higher than the concrete surface that is being joined. On existing or proposed bike routes the finished surface shall not exceed 0.02' above the gutter lip.
10- 3.10.1 1/ 2” Asphalt Concrete Specifications
Asphalt Concrete shall be Type B and shall conform to the provisions of Section 39 “ Asphalt Concrete“ of the Standard Specifications. At each Dig Out removal location and within the same work shift that material removal has occurred, new Type B, PG 64- 10 emulsion, 1/ 2” maximum asphalt concrete conforming to the requirements of Section 92 “ Asphalts” of the Standard Specifications shall be placed to a grade level with the surface that was ground.

Where an entire lane is getting paved, rather than smaller Dig Out area, paving edges and seams shall occur along lane lines only and not within the lane itself.

A paving machine that picks up the asphalt concrete material from a windrow then spreads the material to a specified thickness may be used. However, the Engineer may require the Contractor to use a paving machine which accepts the asphalt concrete material directly from the delivery truck, at no additional cost to the City, if the temperature of the asphalt concrete in the windrow cannot be maintained above the lower temperature limit specified in the Standard Specifications, or if the windrow blocks access to any driveway or side street for more than fifteen minutes prior to the paving machine spreading the asphalt concrete material.

Where new pavement joins an existing pavement, the surface will be inspected for DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 38 3/ 5/ 2024
smoothness of the seam between the two surfaces. When a six feet long straightedge is laid across the seam between " new" and " old" pavement, the surface shall not vary more than 0.03 feet from the lower edge. At join lines along new concrete gutters or where the existing asphalt pavement has been removed, the finished surface shall not vary more than 0.00' to 0.05' higher than the concrete surface that is being joined. On existing or proposed bike routes the finished surface shall not exceed 0.02' above the gutter lip.

The contractor shall note that many of the project streets are on “ bicycle boulevards.” The riding surface will be tested for uniformity and smoothness. It is highlighted for the Contractor to maintain the uniformity and smoothness beyond just the driving surface to the edge of pavement areas as bicycles will use the entire paved surface. A “ washer board” surface will result in rejection of the work.
10- 3.10.2 Removal of Existing Pavers in Dig Out Areas
In areas where a dig out location include removal of existing pavers, the Contractor is to remove and dispose of existing pavers. Then sawcut and remove existing asphalt concrete, paving reinforcement fabric, curb/ gutter, Portland Cement Concrete, and/ or existing base/ subgrade material as needed. In these locations removals should be done to a minimum depth of 4” or to the top of subgrade and shall include compacting existing base material to a relative density of 95%.

There is approximately 2,887 SF of existing pavers to be removed from the Marina Parking Lot areas only.
10-3.10.3 Measurement
Measurement for payment of “Remove and Replace Pavement Section - Dig Out Locations” shall be by the square foot of Roadway Pavement Section removed and replaced as measured in the field and approved by the Engineer.
10- 3.10.4 Payment
Payment for all required “ Remove and Replace Pavement Section - Dig Out Locations” shall be at the contract unit price per square foot of Pavement Section removed and replaced in the locations located in the field, and as approved by the Engineer and shall include full compensation for furnishing all labor, materials, tools, equipment, sawcutting, subgrade compaction, tack coat placement, conform grinding, and asphalt concrete placement, hauling, disposal, permits, fees and incidentals for performing the work as described herein. Square footage measured does not include conform grind areas surrounding the digout.
10-3.11 NOT USED.
10- 3.12 NOT USED.
10-3.13 Bid Item 13 – 6" AC Curb ( Caltrans Standard Dikes) 10-3.13.1 General
6" AC Curb ( Caltrans Standard Dikes)” shall conform to the provisions in Section 15, Existing Highway Facilities”, Section 19, “ Earthwork”, and Section 39, “ Asphalt Concrete” DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 39 3/ 5/ 2024
of the Standard Specifications and as detailed on the plans and these Special Provisions.

Asphalt Concrete shall be Type B and shall conform to the provisions of Section 39 “Asphalt Concrete“ of the Standard Specifications. Use Type B, PG 64- 10 emulsion, 1/ 2” maximum asphalt concrete conforming to the requirements of Section 92 “ Asphalts” of the Standard Specifications.

Contractor shall follow Type A detail from A87B, “ Hot Mix Asphalt Dikes” of the Standard Plans. Asphalt concrete berms and dikes shall be shaped and compacted with an extrusion machine or other equipment capable of shaping and compacting the material to the required cross section.
10-3.13.2 Payment for Bid Item 13 – 6" AC Curb ( Caltrans Standard Dikes) Full compensation for furnishing all labor, materials, tools, equipment, permits, incidentals, and for doing all the work involved in constructing 6" AC Curb ( Caltrans Standard Dikes), shall be included in the contract unit price paid for Linear Footage of 6" AC Curb ( Caltrans Standard Dikes), as shown on the plans, as specified in the Standard Plans and Specifications, and these Special Provisions, and as directed by the Engineer.

Payment includes hauling and disposal of the removed material. The Contractor shall construct all new curbs within five ( 5) calendar days upon commencement of any removals for the above- described work.
10- 3.14 Bid Item 14 – Adjust Manhole Cover to Grade
In areas where cold planning, new dense- graded asphalt concrete ( DGAC), leveling course, or Type III Micro Surfacing Treatment is being constructed, frames and covers ( or grates) of existing manholes, inlets, utility boxes, monitoring wells, survey monuments, and other facilities shall be adjusted to grade in accordance with the provisions in Section 15-2.05, " Reconstruction," of the Standard Specifications and these Special Provisions. The quantity for manhole covers is the approximate total and locations are not shown on the plan. Manhole Covers to be adjusted will be marked in the field by the Engineer and during site walk- throughs with Contractor to confirm locations, or if they should be protected- in-place instead.

In areas where new slurry seal is being constructed, all manholes/ utilities/ facilities will be protected in place, unless marked for adjustment by Engineer. In slurry areas, EBMUD gate valves/ covers will be replaced as needed per Bid Item 14.

Manhole frames and covers shall be raised to the finished grade by the Contractor within 72 hours of final paving. The Contractor shall raise the tops of all frames and covers to range from flush to 1/4" above the finished grade of the immediately adjacent pavement. Regardless if any utility frame or cover requires an adjustment to complete the project, if any utility covers are located within the limits of the improvements, the Contractor shall thoroughly clean all covers to remove any markings, stains, striping, etc., unless otherwise directed by the Engineer.

Exposed covers, lids and boxes shall be made safe for vehicular, bicycle and pedestrian traffic passage.

The adjusted manhole frames shall be constructed in accordance to “Manhole Adjustment” in Part DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 40 3/ 5/ 2024
D – Supplemental Documents of these Special Provisions.

Instead of using new materials similar in character to those in the existing structure, you may use raising devices to adjust a manhole to grade. Before starting paving work, measure and fabricate raising devices.

Raising devices must:

1. Comply with the specifications for section 75 except that galvanizing is not required.

2. Have a shape and size that matches the existing frame.

3. Be match marked by painting identification numbers on the device and corresponding structure.

4. Result in an installation that is equal to or better than the existing one in stability, support, and nonrocking characteristics.

5. Be fastened securely to the existing frame without projections above the surface of the road or into the clear opening.

All concrete furnished or used for Manholes, shall be “ High Early Strength” Type II/V ( ASTM C150) and shall achieve a compressive strength of 3000 psi @ 24 hours. All concrete shall be mixed and delivered in accordance with ASTM C-94 and the proposed mix shall be submitted to the Engineer for approval. The steel reinforcement shall be installed and the “ High Early Strength” concrete shall be allowed to cure for 24 hours minimum. 10- 3.14.1 Payment
Full compensation for furnishing all labor, materials, concrete, tools, equipment, and incidentals, and for doing all the work involved in adjusting frames and covers to grade, shall be included in the contract unit price paid for each adjust frame and cover to grade, as shown on the plans, as specified in the Standard Specifications, and these Special Provisions, and as directed by the Engineer.
10- 3.15 Bid Item 15 – Adjust Valves and Covers to Grade This item includes, but is not limited to, the adjustment of EBMUD gate valves/ covers ( where warranted) within pavement maintenance areas. The quantity for valves and covers is the approximate total and locations are not shown on the plan. Valves and covers will be marked in the field by the Engineer and during site walk- throughs with Contractor to confirm locations, or if they should be protected- in-place instead.

The East Bay Municipal Utility District will supply new water valve can and covers to the Contractor for installation. Coordination with EBMUD of such is included in the work of Bid Item 13. Contact information and address for equipment pickup will be provided at the pre- construction meeting.

EBMUD installation detail is provided in Part D – Supplemental Documents.

The Contractor shall adjust water valve frames and covers and water gate valve covers to range from flush to 1/ 4" above the finished grade of the adjacent pavement. All dirt and debris are to be removed from the valve box to a depth of 6" below the operating nut.

Exposed covers, lids and boxes shall be made safe for vehicular, bicycle and pedestrian traffic passage.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 41 3/ 5/ 2024
10- 3.15.1 Bid Item 15 Payment
The East Bay Municipal Utility District will supply new water valve can and covers to the Contractor for installation. Full compensation for furnishing all labor, miscellaneous materials, tools, equipment, and incidentals, and for doing all the work involved in adjusting frames and covers to grade, shall be included in the contract unit price paid for each adjust frame and cover to grade, as shown on the plans, as specified in the Standard Specifications, and these Special Provisions, and as directed by the Engineer. 10-3.16 Items of Work for Portland Cement Concrete Facilities The following items of work fall into the category of Portland Cement Concrete Facilities:

Bid Items 16 – 19 and 60 - 61
10-3.16.1 Portland Cement Concrete
Removal of existing PCC shall conform to the provisions in Section 15, “ Existing Highway Facilities”, and Section 19, “ Earthwork” of the Standard Specifications as detailed on the plans and these Special Provisions. PCC median curbs, curbs, gutters, and curb ramps shall conform to the provisions in Section 73 "Concrete Curbs and Sidewalks," of the Standard Specifications, C.C.R. Title 24, and these Special Provisions. The work of this item shall include constructing median curbs, curbs, gutters, and curb ramps and any required PCC replacement in accordance with the project plans and the Standard Plans.

Aggregate base shall conform to the provisions of Section 26, “ Aggregate Bases” of the Standard Specifications. These items of work shall include 5” of ¾” Class 2 Aggregate Base beneath new Portland cement concrete ( as necessary). Aggregate base shall be included and paid for with these items of work.

PCC mix design shall be ¾- inch, 4,000 psi, with 1.5 pounds of lampblack per cubic yard, or equivalent, shall be added to each batch of concrete.

Curb ramp slopes are to be installed in accordance with Caltrans Standard Plan A88A, C.C.R.

Title 24, and these Special Provisions. All ramps are to be assumed to be Type A. Curb Ramp thickness shall be 3.5” minimum. Adjustment of grades and ramp dimensions in order to comply with these requirements shall be performed prior to the placing of concrete.

Where curb and gutter ( including curb ramp areas) is to be removed and replaced, the Contractor shall also remove a minimum of 12" width of existing pavement to facilitate the setting of forms and compaction of backfill. Additional width of pavement replacement may be necessary in order to comply with ADA maximum 5% cross fall. Paving replacement shall be 6" minimum ( or match existing, whichever is greater) full depth AC. While the construction plans only show one ADA curb ramp to be replaced, Additional ADA curb ramps to use all quantities) will be marked in the field by the Engineer and during site walk- throughs with Contractor to confirm locations as needed to get conforming ramps per Caltrans Standard Plan A88A, C.C.R. Title 24, and these Special Provisions.

The removal and replacement of C& G shall also include all removal and replacement of DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 42 3/ 5/ 2024
minimum of 12" width of existing pavement adjacent to the gutter. Paving replacement shall be 6" minimum ( or match existing, whichever is greater) full depth AC. Curb and gutter shall be poured independent ( separate) of driveways, curb ramps and sidewalks. When the grade of C& G is less than 0.4%, the Contractor, at no additional cost, shall place ( 2) # 3 reinforcing bars in the gutter. Construction stakes for curbs with flatter grades than 0.4% shall be every 12.5'.

The construction of 6” PCC median curb shall also include all removal and replacement of minimum of 12" width of existing pavement adjacent to the curb. Paving replacement shall be 6" minimum ( or match existing, whichever is greater) full depth AC.

Existing curb, gutter, sidewalk, and ramps shall be saw- cut to full depth of PCC prior to removal. Typical PCC thickness is approximately 3-4 inches for existing sidewalks. Contractor shall use vacuums or other means approved by the City Engineer to prevent water used for saw- cutting from entering the storm drain system.

Contractor shall remove and replace existing concrete sidewalk in the locations as indicated on the plans as being new sidewalk areas, and as reasonably directed by the Engineer in order to have curb ramps and wings conform to existing sidewalk areas. The removed material shall become the property of the Contractor and shall be disposed of off the site at a legal recycling facility. No PCC removal shall occur prior to review and approval of the removal limits by the City’s Representative. The existing base material shall be compacted to 90% relative density prior to installing the new facilities. PCC sidewalk sections shall be poured separate from the curb and gutter and shall be 4 inches thick. New sidewalk constructed in areas of existing sidewalk shall be scored to match the existing or adjacent sidewalks score pattern. Failure to score the sidewalk appropriately shall be cause for rejection.

Any water meter boxes, water valve boxes, gas valve boxes, curb face roof leader drains, and monitoring well boxes shall be adjusted to the new grades if within the limits of these items and shall be included with these items of work. Damage to existing facilities during the course of work shall be repaired, the cost of which is included in the bid item prices for the associated items of work.

Truncated domes shall be federal yellow TecWay Dome Tiles available from Stronggo LLC conforming to the requirements of C. C. R. Title 24 and as approved by the City Engineer. The truncated dome panel shall be installed by “ wet set” method. Truncated domes shall be furnished and installed by the Contractor at the ramp of any newly installed curb ramp ( or as needed on driveways), indicating the boundary between pedestrian and vehicular routes where there is a flush instead of a curbed connection. Contractor shall confirm placement of truncated domes with Engineer prior to final installation.

It is the Contractor’ s responsibility to mark the approximate saw cut limits for the construction of pedestrian ramps including asphalt pavement areas. The Engineer shall review the marked limits before any removals. If the Engineer requests additional removals, then the Contractor must adjust the limits as necessary. No survey work or staking will be provided by the City for pedestrian ramps, curb, gutter, driveway, and sidewalk construction or replacement.

In areas where street trees are present, 3/ 4-inch clean crushed drain rock shall be used, be DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 43 3/ 5/ 2024
the product of crushing rock or gravel, and shall conform to the provisions of Paragraph 68-

1.025 “ Permeable Material” of the Standard Specifications. This work shall also consist of removing the existing aggregate base or other existing base material where directed by the Engineer and installing 4 inches of 3/ 4-inch clean crushed drain rock beneath PCC Sidewalk in locations directed by the City Engineer. No recycled material shall be accepted. Drain rock shall be topped with Filter Fabric ( mirafi 140N non- woven or approved equal).

When tree roots are found within the excavated area, the Contractor shall be responsible for coordinating and cooperating with the City’ s Arborist, and shall be required to take extra precaution when removing existing base material to protect tree roots as needed and prune tree roots as directed by the City’ s Arborist.

The Contractor shall take measures to prevent graffiti, footprints, tire marks, etc., in the fresh concrete. The Contractor shall be responsible for all markings and failure to do so shall be cause for rejection.
10- 3.16.2 Payment for Bid Item 16 – PCC Valley Gutter and PCC Payment for “ PCC Valley Gutter and PCC” shall also include the removal and replacement of a minimum 12" width of existing roadway section, curb/ gutter, and other bulb- out planters to facilitate the setting of forms and compaction of backfill.

Full compensation for furnishing all labor, materials, tools, equipment, permits, incidentals, and for doing all the work involved in constructing PCC Valley Gutter, shall be included in the contract unit price paid for Linear Footage of PCC Valley Gutter, as shown on the plans, as specified in the Standard Plans and Specifications, and these Special Provisions, and as directed by the Engineer. Payment includes hauling and disposal of the removed material.

The Contractor shall pour all new concrete within five ( 5) calendar days upon commencement of any removals for the above- described work.
10- 3.16.3 Payment for Bid Item 17 – PCC ADA Curb Ramp
Full compensation for furnishing all labor, materials, tools, equipment, truncated dome, permits, incidentals, and for doing all the work involved in constructing PCC Curb Ramp, shall be included in the contract unit price paid for each PCC Curb Ramp per cubic yard used, as shown on the plans, as specified in the Standard Plans and Specifications, and these Special Provisions, and as directed by the Engineer. Payment includes hauling and disposal of the removed material.

Payment for PCC Curb Ramp construction shall include payment for the removal and replacement of curb, gutter, sidewalk ( to the nearest joint) ( in the existing ramp area inclusive of nearest joint at top of wings on each side), existing ramps, immediately adjacent sidewalk match ups ( one standard flag from landing), ramp, or landings ( to comply with ADA), pavement removal and replacement ( to comply with the maximum 5% cross fall) to facilitate forms and any landscaping and irrigation repair, adjustment or replacement as necessary. Pavement removal and replacement to comply with 5% cross fall in the roadway will be paid in Bid Items 10, 11, or 12.

Payment also includes construction of retaining curb, as necessary, to protect any existing improvements at the direction of the Engineer for any type of ramp regardless if retaining curb is shown or not shown on the standard drawing. Payment for PCC Curb Ramp DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 44 3/ 5/ 2024
construction shall also include adjusting of pull boxes and water meter boxes when they are located with any portion of the wheelchair ramp. Payment shall also include cost to furnish and install truncated domes ( wet set method). Payment shall also include mobilization to curb ramp locations within ½ mile of project areas ( in order to use all quantities). The Contractor shall pour all new concrete within five ( 5) calendar days upon commencement of any removals for the above- described work.
10- 3.16.4 Payment for Bid Item 18 – 6” Median Curb and PCC Full compensation for furnishing all labor, materials, tools, equipment, permits, incidentals, and for doing all the work involved in constructing 6” Median Curb and PCC, shall be included in the contract unit price per square foot, as shown on the plans, as specified in the Standard Plans and Specifications, and these Special Provisions, and as directed by the Engineer.

Payment includes hauling and disposal of the removed material.

Payment shall also include the removal and replacement of a minimum 12" width of existing roadway section, curb/ gutter, and other modifications ( carve out of form as needed for utility cover) to facilitate the setting of forms and compaction of backfill. Payment also includes clearing and grubbing of any miscellaneous tree roots or weeds in replacement areas. The Contractor shall pour all new concrete within five ( 5) calendar days upon commencement of any removals for the above- described work.
10-3.16.5 Payment for Bid Item 19 – Speed Table Bike Crossing and PCC Payment for “ Speed Table Bike Crossing and PCC” shall also include the removal and replacement of a minimum 12" width of existing roadway section, curb/ gutter, and other dike curbs to facilitate the setting of forms and compaction of backfill.

Full compensation for furnishing all labor, materials, tools, equipment, permits, incidentals, and for doing all the work involved in constructing PCC Speed Table Bike Crossing, shall be included in the contract unit price paid for one Speed Table Bike Crossing, as shown on the plans, as specified in the Standard Plans and Specifications, and these Special Provisions, and as directed by the Engineer. Payment includes hauling and disposal of the removed material.

The Contractor shall pour all new concrete within five ( 5) calendar days upon commencement of any removals for the above- described work.
10- 3.16.6 Payment for Bid Item 60 – Minor Concrete ( Sidewalk, Bulbouts, and Driveways)
Full compensation for furnishing all labor, materials, tools, equipment, permits, incidentals, and for doing all the work involved in constructing “ Minor Concrete ( Sidewalk, Bulbouts, and Driveways)”, shall be included in the contract unit price per cubic yard used, as shown on the plans, as specified in the Standard Plans and Specifications, and these Special Provisions, and as directed by the Engineer. Payment includes hauling and disposal of the removed material.

Note: Quantities used under this item are intended for any sidewalk needing replacement adjacent to the work needed to construct Bid Item 17 – PCC ADA Curb Ramp, but can be used in other areas in project as directed by the Engineer. 10-3.16.7 Payment for Bid Item 61 – Minor Concrete ( Curb and Gutter) Full compensation for furnishing all labor, materials, tools, equipment, permits, incidentals, and for doing all the work involved in constructing “ Minor Concrete ( Curb and Gutter)”, shall DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 45 3/ 5/ 2024
be included in the contract unit price per cubic yard used, as shown on the plans, as specified in the Standard Plans and Specifications, and these Special Provisions, and as directed by the Engineer. Payment includes pavement removal and replacement to facilitate forms, hauling, and disposal of the removed material.

Note: Quantities used under this item are intended for curb and gutter needing replacement adjacent to the work needed to construct Bid Item 17 – PCC ADA Curb Ramp, but can be used in other areas in project as directed by the Engineer. 10-3.17 NOT USED.
10- 3.18 NOT USED.
10-3.19 NOT USED.
10-3.20.1 Bid Item 20 – Storm Drain Inlet
This work shall include the furnishing of all the labor, materials, tools and equipment and incidentals required to complete, in an efficient and workman- like manner, the installation of the storm drain catch basins and miscellaneous structures and all other related items, materials and work in accordance with the approved plans, these specifications, Caltrans Standard Specifications and the Standard Plans.

Catch Basin shall be cast- in-place Type G3 per D72B Caltrans Standard Plans or pre- cast equivalent.

Catch basin bottoms shall be reinforced concrete pre- cast designed for H-20 loading or cast- inplace conforming to the Standard Details.

Pre- cast reinforced concrete inlet boxes shall meet the requirements of ASTM C478. Concrete for cast- in-place boxes shall be 4000 psi with 1-1/ 2-inch maximum aggregate size.

All embedment materials under, around and at least 3-inches over all pipelines located within five feet of structure bases shall be compacted without jetting prior to barrel section placements.

All joint surfaces of precast sections and face of manhole base shall be thoroughly cleaned prior to setting precast sections. The various sections shall be set in preformed plastic sealing gaskets of material.

Installation of gaskets: Apply one coat of primer to clean, dry joint surface ( both tongue and groove) and allow to dry. Remove the paper wrapper from one side only of the two- piece wrapper on the gasket. The outside paper will protect the gasket and assure against stretching. Before setting the manhole section in the trench, attach the plastic gasket strips end-to-end to the tongue or groove of each joint, forming a continuous gasket around the entire circumference of the manhole joint.

Handling of barrel sections after the plastic gasket has been affixed shall be carefully controlled to avoid bumping the gasket and thus displacing it or contaminating it with dirt or other foreign material. Any gaskets so disturbed shall be removed and replaced if damaged and repositioned if displaced.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 46 3/ 5/ 2024
Care shall be taken to properly align the manhole section with the previously set section before it is lowered into position.

During cold or wet weather, lightly pass direct heat over the concrete joint surface until ice, frost and moisture are removed and surface to be primed is dry and warm immediately before application of primer.

Direct heat shall also be passed over plastic gasket strips immediately prior to attaching them to joint surfaces and immediately prior to insertion of tongue into groove.

Connections to existing manholes shall be made by carefully core drilling an opening in the wall of the manhole to fit the required boot size.

All connections to manholes shall be made using a resilient connector conforming to ASTM C 923, as made by Kor- N-Seal boot or approved equal, shall be watertight, and non- shrink grout shall be used.

All new branches shall be channelized according to size of pipe and direction of flow.

Where storm drainpipes pass through manholes or junction boxes, the pipe may be laid continuously as a whole pipe. If so laid, after the manhole base and precast sections have been placed and sufficient time has elapsed to allow all concrete and grout to set, the top half of the pipe within the manhole shall be carefully cut off and the annular space between the pipe and the structure mortared to seal the channel top.

Setting/ Adjusting Frames and Covers: Temporary covers of 3/ 8 inch steel plate of sufficient size to adequately cover the opening of manholes and junction boxes shall be placed on the cone until the base is complete and the castings is ready to be set.

Suitably located ribs shall be welded to the underside of the cover to hold it in place during any grading operations.

The throat of the manhole shall be made of precast concrete rings of the proper inside diameter.

The minimum depth of throat permitted shall be one 3-inch ring between the cone and the frame.

The maximum depth permitted shall be 18 inches of rings between the cone and frame.

When adjusting the manhole frame and cover to grade, the frame shall be wired to a 2" x 4" of sufficient length to span the excavation, and the throat completed to the right level. Whenever the space between the bottom of the frame and the top of a ring is less than three inches, the void may be filled with concrete, poured against a suitable form on the inside of the structure.

When adjusting an existing manhole to grade and the total depth of the throat from the top of the frame to the bottom of the throat exceeds 24 inches, the upper portion of the manhole shall be removed to the first full-size manhole section. The upper portion shall then be reconstructed as outlined above.

Cast- in place concrete manhole bases shall be poured on firm, undisturbed soil.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 47 3/ 5/ 2024
Precast and cast- in-place manhole bases shall be of the dimensions shown on the Standard Details.
10- 3.20.1 Payment for Bid Item 20 – Storm Drain Inlet
Storm drain catch basins shall be measured by the each in place including saw cutting AC and concrete paving, excavation, bedding, ballast as required, shoring, placement of concrete and reinforcement, placement of pre- cast concrete, installation of weep holes and drains, tie-ins, backfill, final trench surfacing/ paving, repair and/ or replacement of adjacent, damaged concrete sidewalks and all other related items of work will be paid for at the unit price per each bid therefore in the Bid Schedule.
10-3.57 Bid Item 57 – Cold Plan Asphalt Concrete Pavement ( 3” Minimum Depth) The cold plane shall be 3” minimum depth as noted on the plans. All 3” cold plane areas shall be paved within 5 working days after commencement of milling. Where the cold plane exceeds 2”, the asphalt shall be replaced within 24 hours after the commencement of the milling.

Where any cold plane exceeds 2”, the asphalt shall be replaced utilizing a minimum of 2 lifts ( 1.5” minimum per lift) with the following criteria: the base course lift(s) shall be completed the same day as the completion of the cold plane; and upon completion of the base course replacement pavement, the base course surface may only be 0.10’ minimum to 0.125’ maximum below the original asphalt surface elevations, unless otherwise indicated on the plans and the finish coarse shall be replaced within 5 working days after initial commencement of milling.

All ‘removal and replacement’ work shall be performed after cold plane. After performing the cold plane, the contractor shall ramp all vertical edges with a minimum of 12 inch width or at 8:1 whichever is greater prior to opening ground areas to traffic.

The final cut shall result in a uniform surface and the road surfacing to remain in place shall not be damaged in any way. Planed widths of pavement shall be continuous except for intersections at cross streets where the planing shall be carried around the corners and through the conform lines.

The existing pavement section generally consists of asphalt concrete but may also contain a combination of asphalt concrete and Portland cement concrete and may contain pavement reinforcing fabric.

The Contractor will provide traffic control so that the Engineer is able to field locate digout repair locations within 5 working days of the completion of the grinding operations.

The Contractor shall give the City seven business days written notice prior to the start of grinding operations so that the contractor’ s and City’ s field personnel can layout the grinding limits. 10- 3.58.1 Measurement
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 48 3/ 5/ 2024
Cold Plane Asphalt Concrete Pavement ( 3” Minimum Depth) shall be measured by the square yard for the milling depth noted on the Plans. The quantity to be paid for will be the actual area of surface irrespective of the number of passes required. 10- 3.57.2 Payment for Bid Item 57
Payment for “ Cold Plane Asphalt Concrete Pavement ( 3" Minimum Depth)” shall be made on a square yard basis for the milling depth indicated on the bid proposal, and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and doing all the work involved in cold planing, off-hauling, and properly disposing of ground pavement material at a licensed, and pre-approved disposal or re-cycling facility including payment of all required fees, as specified in these Special Provisions and as directed by the Engineer. 10-3.58 Bid Item 58 – Cold Plane Asphalt Concrete Pavement ( 3” Minimum Depth) This item shall include all work to install 1/2" Type B, PG 64-10 emulsion asphalt concrete conforming to the requirements of Section 92 “ Asphalts” of the Standard Specifications for the 3" minimum thickness overlay at all paving locations in order to reconstruct the roadway surface back to its original grade.

Paving edges and seams shall occur along lane lines only and not within the lane itself.

Asphalt Concrete shall be Type B and shall conform to the provisions of Section 39 “ Asphalt Concrete“ of the Standard Specifications. At each digout removal location and within the same workshift that material removal has occurred, new Type B, PG 64- 10 emulsion, 1/ 2” maximum asphalt concrete conforming to the requirements of Section 92 “ Asphalts” of the Standard Specifications shall be placed to a grade level with the surface that was ground.

Where any cold plane exceeds 2”, the asphalt shall be replaced within 24 hours after the commencement of the milling. Where the cold plane exceeds 2”, the asphalt shall be replaced utilizing a minimum of 2 lifts ( 1.5” minimum per lift) with the following criteria: the base course lift(s) shall be completed the same day as the completion of the cold plane; and upon completion of the base course replacement pavement, the base course surface may only be 0.10’ minimum to 0.125’ maximum below the original asphalt surface elevations, and the finish coarse shall be replaced within 5 working days after initial commencement of milling. The Contractor shall be subject to liquidated damages as described in Part B of these Special Provisions if they fail to replace the asphalt as described above within the given timeframe.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 49 3/ 5/ 2024
Where new pavement joins an existing pavement, the surface will be inspected for smoothness of the seam between the two surfaces. When a six feet long straightedge is laid across the seam between " new" and " old" pavement, the surface shall not vary more than 0.03 feet from the lower edge. At join lines along new concrete gutters or where the existing asphalt pavement has been removed, the finished surface shall not vary more than 0.00' to 0.05' higher than the concrete surface that is being joined. On existing or proposed bike routes the finished surface shall not exceed 0.02' above the gutter lip.

The contractor shall note that many of the projects side streets off of Hollis Street are on “ bicycle boulevards.” The riding surface will be tested for uniformity and smoothness. It is highlighted for the Contractor to maintain the uniformity and smoothness beyond just the driving surface to the edge of pavement areas as bicycles will use the entire paved surface. A “ washer board” surface will result in rejection of the work.
10-3.58.1 Payment for Bid Item 58
Payment shall be at the contract unit price per ton of 1/ 2” Asphalt Concrete furnished and placed and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, including asphalt concrete, tack coat and paint binder placement. 10-3.59 Bid Item 59 – Adjust Utility Vault to Grade
This item includes, but is not limited to, the adjustment of utility vaults in areas where cold planning and new dense- graded asphalt concrete ( DGAC) is being constructed. Additionally, this item includes coordination with respective Utility if they deem vault in need of replacement ( full replacement would be at Utility’ s cost).

Frames and covers of vaults shall be adjusted to grade in accordance with the provisions in Section 15- 2.05, " Reconstruction," of the Standard Specifications and these Special Provisions.

Exposed covers, lids and boxes shall be made safe for vehicular, bicycle and pedestrian traffic passage.
10-3.59.1 Payment for Bid Item 59
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in adjusting vaults, frames and covers to grade, shall be included in the contract unit price paid for each adjustment location, as specified in the Standard Specifications, and these Special Provisions, and as directed by the Engineer.

Payment will still be made if Utility deems the vault to be protected in place, and the payment shall be made in the contract unit price paid for each location which involves doing all the work involved ( utility coordination and any additional asphalt forming around the frame).

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 50 3/ 5/ 2024
10-4.0 TECHNICAL SPECIFICATIONS FOR TRAFFIC STRIPING, CURB &

PAVEMENT MARKINGS, PAVEMENT MARKERS, AND PERMANENT TRAFFIC CONTROL

DEVICES
All items of work are to be installed or constructed as specified in the Standard Specifications, as shown on the plans, or as modified in these Special Provisions. Each item is listed with the corresponding sections of the Standard Specifications, which may apply thereto. These listings are not necessarily all of the sections which may apply and are not meant to exclude other sections which are not referred to specifically but do give direction to the work. These Special Provisions shall take precedence over the Plans.
10-4.1 General
Striping and pavement markings shall conform to Section 84 “ Markings” of the State Standard Specifications. Pavement Markings shall conform to State Standard Plan A24A- D. Pavement markers and delineators shall conform to Section 81 “ Miscellaneous Traffic Control Devices” of the State Standard Specifications.

Accessible parking off-street curb ramps, striping, and pavement markings shall conform to A90A state standard plans and state standard specifications.

Cat- tracking shall be placed within 48 hours from the completion of asphalt overlay or slurry curing period is complete, unless otherwise authorized by the Engineer. When cat- tracking is complete, Contractor shall submit a request for approval of cat-tracking to Engineer. Contractor shall allow 2 working days for cat-track approval. Striping installation shall commence within 2 working days of cat- track approval.

Temporary pavement delineation and markers shall conform to the requirements specified in Part C, Section 10- 2.3.1. Temporary pavement delineation and markers shall be applied in all locations where existing markers and striping have been removed. The pavement markers shall be applied complete in place prior to opening the traveled way to public traffic. They shall be applied after existing striping removal and after slurry seal application. Immediately prior to slurry seal application and again immediately before permanent striping installation, temporary markers shall be removed in their entirety and shall not be cut at the pavement surface.

Temporary pavement delineation and markers shall be installed and maintained until new striping is in place. All temporary traffic stripes and pavement markings shall be removed by the Contractor on the same day as placement of the permanent striping and markings. 10-4.2 Substitutions
Equipment and material that the Contractor proposes to install shall conform to these specifications and the contract plans. For convenience in designation on the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and the manufacturer' s catalogue information.

If these Special Provisions specify manufacturers’ names along with the term “ or approved equal”, the use of an alternative article or material which is of equal or superior quality and of the required DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 51 3/ 5/ 2024
characteristics for the purpose intended will be permitted, subject to the following requirements:

Whenever the Contract Documents permit the substitution of a similar or equivalent material or article, no tests or action relating to the acceptance of the substitute material will be made until the request for substitution is made in writing by the Contractor accompanied by complete data as to the equality of the material or article proposed. Request for such substitution shall be made in writing by the Contractor within thirty ( 30) days of the Notice to Proceed. Failure by the Contractor to request substitution within thirty ( 30) days of the Notice to Proceed constitutes an agreement by Contractor to furnish only the materials or equipment listed in the Contract Documents. Until and unless such substitutions are authorized in writing by the Engineer, no deviations from the specifications shall be allowed.
10-4.3 – 10-4.20 NOT USED.
10- 4.21 Items of Work for Permanent Traffic Control Devices The following items of work fall into the category of Permanent Traffic Control Devices:

Bid Items 21 – 23
10- 4.21.1 Permanent Traffic Control Devices
K72 marker post shall be as manufactured by US Reflector, or approved equal.

Flexible Mount Delineator shall be model TM 750 RB B in white as manufactured by Flexstake, or approved equal.

Slotted speed cushion shall be recycled rubber speed cushion as manufactured by Traffic Logix, or approved equal.

Wheel Stop shall be Grainger Parking Curb, Rubber, 3 ft x 4 in x 6 in, Black/ Yellow, or approved equal.

Contractor shall install all permanent traffic control devices under manufacturer’ s instructions.
10-4.21.2 Measurement
a. K72 Marker Post will be measured for pay per each by actual count of K72 marker posts installed.
b. Flexible delineator will be measured for pay per each by actual count of flexible delineators installed.
c. Slotted speed cushion will be measured for pay per each by actual count of speed DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 52 3/ 5/ 2024
cushion installed.
10-4.21.3 Payment
Payment for permanent traffic control devices will be made at the respective contract price per each and shall include furnishing all labor, material, tools, equipment, traffic control, and incidentals necessary to provide the permanent traffic control devices as shown on the plans. Any leftover quantities of material ordered that is not installed will need to be delivered to Emeryville Corp Yard at 5900 Christie Avenue and delivery/ coordination is included in bid item price in lieu of installation costs. 10-4.22 NOT USED.
10- 4.23 NOT USED.

10.4.24 Items of Work for Thermoplastic Pavement Delineation and Markings The following items of work fall into the category of Thermoplastic Pavement Delineation and Markings:

Bid Items 24 – 32 and 62 – 64
10- 4.24.1 General
Unless otherwise noted, Thermoplastic paint and markings shall be utilized for the project.

Thermoplastic shall be enhanced wet-night visibility thermoplastic.

The thermoplastic material for stripes shall be applied by extrusion method in a single uniform layer. Stencils shall be used when applying thermoplastic material for pavement markings. The pavement surface to which thermoplastic material is applied shall be completely coated by the material and the voids of the pavement surface shall be filled.

When continental crosswalks are shown on the Plans, the stripes shall be laid out parallel with the direction of traffic crossing the stripes with gaps positioned in wheel tracks.

Apply thermoplastic with enhanced wet- night visibility at a maximum speed of 8 mph.

Apply enhanced wet-night visibility stripe at a rate of at least 0.38 lb of thermoplastic per foot of 4-inch- wide solid stripe. The applied thermoplastic traffic stripe must be at least

0.090 inch thick.

Apply thermoplastic with enhanced wet- night visibility for a traffic stripe at a rate of at least 0.47 lb of thermoplastic per foot of 6-inch- wide solid stripe. The applied stripe must be at least 0.090 inch thick.

Apply thermoplastic with enhanced wet- night visibility for a pavement marking at a rate of at least 1.06 lb of thermoplastic per square foot of marking. The applied pavement marking must be at least 0.100 inch thick.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 53 3/ 5/ 2024
10- 4.24.2 Measurement
Traffic stripes will be measured for pay by the linear foot without deduction for gaps in the broken traffic stripes. Striping details having double stripes consisting of two 6-inchwide yellow stripes separated by a 3-inch- wide gap is measured as a single traffic stripe.

Pavement markings will be measured for pay by the area covered in square feet. 10- 4.24.3 Payment
Payment for Thermoplastic Pavement Delineation and Markings will be made at the respective contract unit prices and shall include furnishing all labor, material, tools, equipment, traffic control, and incidentals necessary for striping and pavement markings as shown on the plans and/ or as directed by the Engineer.

Payment for pavement markers associated with striping details will be included in the contract unit prices paid for the associated striping detail and no additional payment shall be made therefor.

10.4.33 Items of Work for Preformed Pavement Delineation and Markings The following items of work fall into the category of Preformed Pavement Markings:

Bid Items 33 - 39
10- 4.33.1 General
Where markings are shown as pre- formed, material must be Ennis- Flint PreMark with Vizigrip or approved equal.

The markings must be a resilient white or light green color thermoplastic product, the surface of which must contain glass beads and abrasives optimizing both skid resistance and retroreflectivity. The markings must be resistant to the detrimental effects of motor fuels, lubricants, hydraulic fluids, etc.

The material shall be capable of being affixed to bituminous and/ or Portland cement concrete pavements using the normal heat of a propane torch or infrared heater.

The markings must be capable of conforming to pavement contours, breaks and faults through the action of traffic at normal pavement temperatures. The markings shall have resealing characteristics, such that it is capable of fusing with itself and previously applied thermoplastic when heated with the torch.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 54 3/ 5/ 2024
The markings shall not have minimum ambient and road temperature requirements for application, storage, or handling.

If manufacturer’ s standard application procedures require the use of a 2-component sealer, the material shall be capable of being applied with a compatible 2-component sealer recommended by the manufacturer, at minimum ambient and surface temperatures of 45 F without any special storage, preheating or treatment of the material before application.

Material must be composed of an ester modified rosin resistant to degradation by motor fuels, lubricants etc. in conjunction with aggregates, pigments, binders, abrasives, and glass beads which have been factory produced as a finished product, and meets the requirements of the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways. The thermoplastic material conforms to AASHTO designation M249, with the exception of the relevant differences due to the material being supplied in a preformed state and being supplied in a color other than white or yellow.

Graded Glass Beads
The material must contain a minimum of thirty percent ( 30%) intermixed graded glass beads by weight. The intermixed beads shall conform to AASHTO designation M247, with minimum 80% true spheres and minimum refractive index of 1.50.

The material must have factory applied coated surface beads and abrasives in addition to the intermixed beads at a rate of 1/ 2 lb. [± 20%] per 11 sq. ft. The surface beads and abrasives must be applied in an alternating arrangement across the surface of the material so that the surface is covered in what is best described as a “ checkerboard” pattern of glass beads and abrasive materials. The abrasive material must have a minimum hardness of 9 ( Mohs scale). The factory applied coated surface beads shall have a minimum of 80% true spheres, minimum refractive index of 1.50, and meet the following gradation:

Size Gradation
US Retained, % Passing, %
Mesh Um
12 1700 0 - 2% 98 - 100%
14 1400 0 - 6% 94 - 100%
16 1180 1 - 21% 79 – 99%
18 1000 28 - 62% 38 - 72%
20 850 62 - 71% 29 – 38%
30 600 67 - 77% 23 - 33%
50 300 86 - 95% 5 – 14%
80 200 97-100% 0 - 3%
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 55 3/ 5/ 2024
Light Green Pigment
The material shall be manufactured with appropriate pigment to ensure that the resulting colors complies with the Light Green color as specified in the FHWA Memorandum dated April 15th, 2011: Interim Approval for Optional Use of Green Colored Pavement for Bike Lanes ( IA-14).

Daytime Chromaticity Coordinates for the Color Used for Green Colored Pavement 1 2 3 4
X y x y x y x y

0.230 0.754 0.266 0.500 0.367 0.500 0.444 0.555
Nighttime Chromaticity Coordinates for the Color Used for Green Colored Pavement 1 2 3 4
X y x y x y x y

0.230 0.754 0.336 0.540 0.450 0.500 0.479 0.520
The pigment system must not contain heavy metals or any carcinogen, as defined in 29 CFR 1910. 1200 in amounts exceeding permissible limits as specified in relevant Federal Regulations.

White Pigment
The material shall be manufactured with sufficient titanium dioxide pigment to meet FHWA Docket No. FHWA- 99- 6190 Table 5 and Table 6 as revised and corrected.

Heating indicators
The top surface of the Vizigrip Premark material ( same side as the factory applied surface beads/ abrasives) shall have regularly spaced indents. The closing of these indents during application, shall act as a visual cue that the material has reached a molten state allowing for satisfactory adhesion and proper bead and abrasives embedment, and as a postapplication visual cue that the application procedures have been followed. Alternative products proposed for approved use must have a visual indicator of proper adhesion.

Skid Resistance
The surface of the preformed thermoplastic material shall contain factory applied non- skid material with a minimum hardness of 9 ( Mohs scale). Upon application the material shall provide a minimum skid resistance value of 60 BPN when tested according to ASTM E 303.

Thickness: The material must be supplied at a minimum thickness of 90 mils for white stripe and 125 mils for green marking and white legends.

Retroreflectivity
Green material, when applied in accordance with manufacturer’ s guidelines, must demonstrate a uniform level of sufficient nighttime retroreflection when tested in accordance to ASTM E 1710. The applied material must have an initial minimum intensity DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 56 3/ 5/ 2024
reading of 50 mcd· m-2·lx-1, as measured with a Delta pavement marking retroreflectometer.

White material, when applied in accordance with manufacturer’ s guidelines, must demonstrate a uniform level of sufficient nighttime retroreflection when tested in accordance to ASTM E 1710. The applied material must have an initial minimum intensity reading of 275 mcd· m-2·lx-1 for white, as measured with a Delta pavement marking retroreflectometer.

Environmental Resistance
The material must be resistant to deterioration due to exposure to sunlight, water, salt or adverse weather conditions and impervious to oil and gasoline.

Abrasives
Apply abrasives and surface beads per manufacturer’ s instructions. The abrasive material must have a minimum hardness of 9 ( Mohs scale).

Packaging
The preformed thermoplastic markings shall be stored to prevent damage in transit and from weather.

Application of Pre- Formed Thermoplastic Pavement Markings The materials shall be applied to asphalt using the propane torch or infrared heater method recommended by the manufacturer, without minimum requirements for ambient and road temperatures and without any preheating of the pavement to a specific temperature. The material must be able to be applied without the use of a thermometer.

The pavement shall be clean, dry and free of debris. Supplier must enclose application instructions in English and Spanish with each box/ package only pertaining to an application method that does not require preheating of the pavement to a specific temperature before application. For green marking, apply 2-component sealer to the substrate prior to material application, to ensure proper adhesion and provide bond reinforcement. No sealer is required for white marking application on asphalt.

If material must be applied to a concrete surface, use the same application procedure described under Section 3.1.A, except a single- component sealer must be applied before application of white markings to assure proper adhesion.

Pre- formed sheets shall be laid out and applied so that edges of adjacent sheets fit snugly together, the pattern of the marking aligns properly from sheet to sheet, and to prevent overlap of adjacent sheets.

Sealer’ s method of application and rates shall be per the manufacturer’ s recommendations. Sealer shall be applied only after the application area has been cleaned thoroughly. All loose particles shall be removed utilizing a power blow, compressed air, or street sweeper.

If the thermoplastic material loses its skid- resistance because the top application of skidresistant elements and beads completely sinks into the thermoplastic material during the DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 57 3/ 5/ 2024
application process, Contractor shall hand- apply surface beads and skid- resistant elements to pavement markings as required to restore the skid- resistance of the thermoplastic material. Surface beads and skid- resistant elements shall be as approved and as supplied by the thermoplastic pavement marker manufacturer and applied at rate recommended by the manufacturer.
10- 4.33.1 Measurement
Pre- formed pavement markings will be measured for pay by the area covered in square feet.
10- 4.33.2 Payment
Payment for Preformed Thermoplastic Pavement Marking installation will be made at the contract price per square foot and shall include furnishing all labor, material, tools, equipment, traffic control, and incidentals necessary to apply the pre- formed pavement markings as shown on the plans.
10- 4.34 – 10- 4.39 Reserved
10-4.40 Bid Item 40 - Paint 4” Solid White Parking Stripes Parking stripes shall comply with the requirements for painted traffic stripes and pavement markings in section 84 of the Caltrans Standard Specifications. 2-coats shall be applied. 10- 4.40.1 Measurement
Parking stripes ( 2-coat) will be measured for pay by the linear foot installed. 10- 4.40.2 Payment
Payment shall include furnishing all labor, material, tools, equipment, traffic control, and incidentals necessary for striping and pavement markings as shown on the plans and/ or as directed by the Engineer.

Payment for temporary pavement delineation and markers shall be considered as included in the contract lump sum price paid for “ Traffic Control System”. Temporary and/ or permanent pavement delineation performed by the Contractor at the direction of Engineer for reasons or circumstances beyond the Contractor' s control ( excluding weather related construction delays) shall be considered as “ extra work”. 10-4.41 Bid Item 41 - Paint Parking Tips
Parking tips shall comply with the requirements for painted traffic stripes and pavement markings in section 84 of the Caltrans Standard Specifications. 2-coats shall be applied. 10-4.41.1 Measurement
Parking tips ( 2-coat) will be measured for pay per each by the number of tips installed. 10-4.41.2 Payment
Payment for parking tips ( 2-coat) will be made at the contract price per each and shall include furnishing all labor, material, tools, equipment, traffic control, and incidentals DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 58 3/ 5/ 2024
necessary for parking tips ( 2-coats) as shown on the plans.

10.4.42 Bid Item 42 – Paint Curb ( 2-coats) - ( Red, Blue, Gray, Yellow Painting concrete curb as shown shall comply with section 78, “ Incidental Construction” of the State Standard Specifications. Paint curb color as shown on plans in color specified ( 2-coats). 10- 4.42.1 Measurement
Paint Concrete Curb will be measured for pay by the length of curb painted in linear feet. 10- 4.42.2 Payment
Payment for Paint Curb Items 23 will be made at the contract price per linear foot and shall include furnishing all labor, material, tools, equipment, traffic control, and incidentals necessary to paint concrete curb as shown on the plans. 10-4.43 Bid Item 43 – Remove Existing Striping, Markings, and Markers All slurry and micro surfacing areas will require removal of existing painted or thermoplastic striping, markings, and pavement markers prior to application of slurry.

All painted striping removals including traffic stripes, markers, markings, legends and other striping details shall be removed by wet sandblasting. The residue including dust shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning or sandblasting operation. If the roadway is not being resurfaced, then Contractor shall completely cover the scarred area by applying asphaltic emulsion conforming to Section 94 of the Caltrans Standard Specifications. The asphaltic emulsion shall be used to seal and protect the existing asphalt surface and reduce raveling due to the striping removals.

All thermoplastic striping removals including traffic stripes, markers, markings, legends and other striping details shall be removed by grinding method ( micro- planer method, or City approved equal). The residue including dust shall be removed immediately by sweeping. If the roadway is not being resurfaced, then Contractor shall completely cover the scarred area by applying asphaltic emulsion conforming to Section 94 of the Caltrans Standard Specifications. The asphaltic emulsion shall be used to seal and protect the existing asphalt surface and reduce raveling due to the striping removals.

The Contractor shall conduct his work so as not to damage existing asphalt pavement or concrete pavement. Any resultant damage determined to be excessive by the Engineer shall be repaired in kind by the Contractor at the Contractor’ s sole expense. Depth of pavement scarring shall not exceed 2mm. If depth of pavement scarring exceeds 2mm and is determined to be too great by the Engineer, then the Contractor shall repair the pavement at own expense and no additional payment shall be made therefor.

In areas where in-kind striping is specified: Before obliterating any pavement delineation traffic stripes, pavement markings, and pavement markers) that is to be replaced on the same alignment and location, the pavement delineation shall be referenced by the Contractor, with a sufficient number of control points to reestablish the alignment and location of the new pavement DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 59 3/ 5/ 2024
delineation. The references shall include the limits or changes in striping pattern, including 1 and 2-way barrier lines, limit lines, crosswalks and other pavement markings. The “ in-kind” striping layout measurements shall be submitted to the Engineer for approval prior to any removals taking place.

Temporary pavement delineation and markers shall conform to the requirements specified in Part C, Section 10- 2.3.1. Temporary pavement delineation and markers shall be applied in all locations where existing markers and striping have been removed. The pavement markers shall be applied complete in place prior to opening the traveled way to public traffic. They shall be applied after existing striping removal. Immediately before permanent striping installation, temporary markers shall be removed in their entirety and shall not be cut at the pavement surface.

Temporary pavement delineation and markers shall be installed and maintained until new striping is in place. All temporary traffic stripes and pavement markings shall be removed by the Contractor on the same day as placement of the permanent striping and markings. Payment for temporary delineation and markers is covered in the item of work for “ Traffic Control System”. 10-4.43.1 Payment
Payment for bid item “ Remove Existing Striping, Markings, and Markers” shall be paid for at the Contract lump sum price, and shall include furnishing all labor, material, tools, equipment, traffic control, and incidentals necessary to measure, record the “ in kind” striping, and then remove the pavement markers, markings, and striping. No additional payment shall be made therefore.

Payment for wet sandblasting, micro- grinding, and/ or fog sealing shall also be included in the Contract lump sum price paid for “ Remove Existing Striping, Markings, and Markers,” and no additional payment shall be made therefore. Depth of pavement scarring shall not exceed 2mm. If depth of pavement scarring exceeds 2mm and is determined to be too great by the Engineer, then Contractor shall repair the pavement at own expense and no additional payment shall be made therefore.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 60 3/ 5/ 2024
10-5.0 TECHNICAL SPECIFICATIONS FOR ROADSIDE SIGNS
All items of work are to be installed or constructed as specified in the Standard Specifications, as shown on the plans, or as modified in these Special Provisions. Each item is listed with the corresponding sections of the Standard Specifications, which may apply thereto. These listings are not necessarily all of the sections which may apply and are not meant to exclude other sections which are not referred to specifically but do give direction to the work. These Special Provisions shall take precedence over the Plans.
10- 5.1 – 10- 5.43 Reserved

10.5.44 Items of Work for Roadside Signs
The following items of work fall into the category of Roadside Signs:

Bid Items 44-50
10-5.46.1 General
Aluminum sign panels must comply with section 82, “ Signs and Markers,” of the State Standard Specifications.

Installing sign includes installation of sign panel and providing mounting hardware, back braces, and straps and saddle brackets.

The sign panel must not be chipped or bent. Retroreflective sheeting shall be 3M Diamond Grade DG3 ( ASTM XI) or approved equal with protective graffiti film. Warning signs shall have a fluorescent yellow background and school signs shall have a fluorescent yellowgreen background. Sign and post installation shall be as shown.

Except for Remove Sign Panel, relocating or removing signs includes removal of post and abandonment of existing post foundation. Relocation and removal must comply with section 15, “ Existing Facilities,” of the State Standard Specifications.

Remove signs only when replacement signs are installed or when the existing signs are no longer required for traffic. Relocate each roadside sign the same day it is removed.

Sign post installation includes foundation and bracket. Foundation shall be minor concrete.

If sidewalk is damaged during post installation, Contractor is responsible for replacement of entire sidewalk panel.
10-5.46.2 Measurement
a. Furnishing aluminum sign panels will be measured for pay per square foot of sign panel.
b. Install Sign Panel ( SSBM) will be measured for pay by the actual count of new sign panels mounted using SSBM method.
c. Install Sign Panel ( Existing Post) will be measured for pay by the actual count of DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 61 3/ 5/ 2024
new sign panels mounted on existing posts.
d. Install Sign ( New Post) will be measured for pay per post installed. One post with one or more new sign panels mounted on it will be counted as one unit. e. Remove Existing Post will be measured for pay per post removed. f. Remove Sign Panel will be measured for pay by actual count of panels removed. g. Relocate Sign Panel to new Pole will be measured for pay by actual count of panels relocated.
10-5.46.3 Payment
Payment for Furnish Single- Sheet Aluminum Sign Panel ( 0.063" Unframed) will be made at the contract price square foot and shall include furnishing all labor, material, tools, equipment, and incidentals necessary to furnish sign panels as shown on the plans.

Payment for signs will be made at the respective contract price per each and shall include furnishing all labor, material, tools, equipment, traffic control, and incidentals necessary to provide, remove and relocate signs as shown on the plans.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 62 3/ 5/ 2024
10-6.0 TECHNICAL SPECIFICATIONS FOR OTHER BID ITEMS
All items of work are to be installed or constructed as specified in the Standard Specifications, as shown on the plans, or as modified in these Special Provisions. Each item is listed with the corresponding sections of the Standard Specifications, which may apply thereto. These listings are not necessarily all of the sections which may apply and are not meant to exclude other sections which are not referred to specifically but do give direction to the work. These Special Provisions shall take precedence over the Plans.
10- 6.1 – 10- 6.50 Reserved

10.6.51 Bid Item 51 and 52 – Solar Light at Transit Stop Solar Light at Transit Stop” system shall be Urban Solar PV+ ( 40W) system or approved equal.

Pole mounted solutions must have:

An all-aluminum housing,
Complete system level NRTL certification such as UL Listing, Mounts to a standard transit pole,
Option for push button ( W/ PUSH BUTTON OPTION) or automatic lighting profiles

STANDARD OPTION),
Utilizes Lithium battery or an approved equal ( Battery must be easy to procure locally and non- proprietary to the system)
Installation of Solar Light System shall be at or near the existing Simme- Seat location at the transit stop. Utilize the existing Simme- Seat pole system to top mount the Solar Light system and install push button ( as necessary). Push button shall be mounted 42” high to comply with ADA requirements. A list of locations are provided in Part D – Supplemental Bid Documents.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 C- 63 3/ 5/ 2024
10- 6.51.1 Payment
Payment for Solar Light at Transit Stop ( Bid Items No. 51 and 52) will be made at the respective contract price per each and shall include furnishing all labor, material, tools, equipment, traffic control, and incidentals necessary to provide, install as directed by Engineer in the field.
10- 6.52 NOT USED.

10.6.53 Bid Item 53, 54, 55, and 55 – Bicycle Racks
Bicycle Racks – Type A” shall be Madrax - SQUARE UX BIKE RACK or approved equal.

Bicycle Racks – Type B” shall be Madrax - SQUARE UX BIKE RACK ( for 6 bikes) or approved equal.

Bicycle Racks must have:

Options for Galvanized or Teal powdercoat finishes ( option to City at time of approving submittals),
2” Square Tube
Rails must allow the unit to remain freestanding or secured to concrete 10-6.53.1 Payment
Payment for Bicycle Racks ( Bid Items No. 53 and 55) will be made at the respective contract price per each and shall include furnishing, delivery, and storage of materials.

Payment for Install Bicycle Rack ( Bid Items No. 54 and 56) will be made at the respective contract price per each and shall include all labor, incidental materials, tools, equipment, traffic control, and other incidentals necessary to provide, install as directed by Engineer in the field. Locations will be on same streets included in Project areas or within ½ mile of Project Areas.

DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW - 23008 D-1 1/ 18/ 2024
PART D

SUPPLEMENTAL DOCUMENTS
FOR
2024 SUSTAINABLE STREETSCAPES PAVING PROJECT
PROJECT NO. EPW- 23008
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 D-2 2/5/2024

MANHOLE ADJUSTMENT DETAIL
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB EPW-23008 D-3 2/5/2024
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB Stop # Location GPS Google Maps LinkRating Site Inspection Notes 2 Hollis at 53rd ( SB) 37. 835795, - 122. 287611 Link Fair / OK PV Stop Max ( 40W) with a push button ( off-on) 3 Horton at 59th ( AMTRAK) 37. 840809, - 122. 291403 Link Fair / OK PV Stop Max ( 40W) with a push button ( off-on) Christie at Public Market ( SB) 37. 842660, - 122. 295383 Link Fair / OK PV Stop Max ( 40W) with a push button ( off-on) 15 San Pablo Ave at 47th - Emeryville High School ( NB) 37. 835934, - 122. 281259 Link Fair / OK PV Stop Max ( 40W) with a push button ( off-on) 24 Hollis at 64th ( NB) 37. 845075, - 122. 290873 Link Fair / OK PV Stop Max ( 40W) with a push button ( off-on) 25 Hollis at 63rd ( SB) 37. 843671, - 122. 290557 Link Fair / OK PV Stop Max ( 40W) with a push button ( off-on) 28 Christie at 65th ( SB) 37. 845662, - 122. 296434 Link Fair / OK PV Stop Max ( 40W) with a push button ( off-on) 31 Christie Ave & 64th St (NB) 37. 844584, - 122. 295990 Link Fair / OK PV Stop Max ( 40W) with a push button ( off-on) 35 Christie at Fed Ex ( Southbound) 37. 839804, - 122. 294872 Link Fair / OK PV Stop Max ( 40W) with a push button ( off-on) 44 65th St @ Shellmound St (WB) 37. 846232, - 122. 295374 Link Fair / OK PV Stop Max ( 40W) with a push button ( off-on) 46 65th St. at Hollis St. ( WB) 37. 846696, - 122. 292152 Link Fair / OK PV Stop Max ( 40W) with a push button ( off-on) 60 Hollis at 45th ( SB) 37. 832241, - 122. 286240 Link Fair / OK PV Stop Max ( 40W) with a push button ( off-on) 61 Hollis at 40th ( NB) 37. 829175, - 122. 285064 Link Fair / OK PV Stop Max ( 40W) with a push button ( off-on) 1 Hollis at 53rd ( NB) 37. 836254, - 122. 287663 Link Good PV Stop Max ( 40W) without a push button ( Bright up) 8 Hollis at 67th ( NB) 37. 849033, - 122. 292181 Link Good PV Stop Max ( 40W) without a push button ( Bright up) 9 Hollis at 67th ( SB) 37. 848623, - 122. 292152 Link Good PV Stop Max ( 40W) without a push button ( Bright up) 13 Christie at Public Market ( NB) 37. 842660, - 122. 295383 Link Good PV Stop Max ( 40W) without a push button ( Bright up) 27 Christie Av & 59th St (NB) 37. 841311, - 122. 294982 Link Good PV Stop Max ( 40W) without a push button ( Bright up) 29 Christie at 65th ( NB) 37. 846043, - 122. 296441 Link Good PV Stop Max ( 40W) without a push button ( Bright up) 57 Powell at Police/ Fire Station 37. 837075, - 122. 304622 Link Good PV Stop Max ( 40W) without a push button ( Bright up) 63 Hollis St & Stanford Ave ( SB) 37. 838636, - 122. 288967 Link Good PV Stop Max ( 40W) without a push button ( Bright up) 12 Shellmound at Public Market 37. 840910, - 122. 293253 Link Great PV Stop Max ( 40W) without a push button ( Bright up) 23 Stanford at Horton ( WB) 37. 837924, - 122. 289805 Link Great PV Stop Max ( 40W) without a push button ( Bright up) 34 Christie Ave at Trader Joe' s (Christie Ave at Powell St. ( SB)) 37. 837445, - 122. 294440 Link Great PV Stop Max ( 40W) without a push button ( Bright up) 49 Shellmound at Christie ( NB) 37. 837448, - 122. 293026 Link Great PV Stop Max ( 40W) without a push button ( Bright up) 51 Shellmound at Bay Street ( SB) 37. 833345, - 122. 293597 Link Great PV Stop Max ( 40W) without a push button ( Bright up) 52 Shellmound at Bay Street ( NB) 37. 833993, - 122. 293339 Link Great PV Stop Max ( 40W) without a push button ( Bright up) 55 Powell at Watergate Market 37. 837200, - 122. 302665 Link Great PV Stop Max ( 40W) without a push button ( Bright up) 56 Powell Marina 37. 837173, - 122. 313440 Link Great PV Stop Max ( 40W) without a push button ( Bright up) 54 The Towers 37. 838223, - 122. 300299 Link N/ A No pole - sign on the shelter 10 Park Ave at Pixar ( EB) 37. 831866, - 122. 282364 Link Non- Viable Building directly south of stop will block all the sun 11 Park Ave at Pixar ( WB) 37. 831825, - 122. 282939 Link Non- Viable Building directly south of stop will block all the sun in winter and trees will effects spring - fall exposure
16 San Pablo Ave at 47th ( SB) 37. 835256, - 122. 281418 Link Non- Viable Tree south of pole very close. it will drop leaves in winter so the system should be ok in Winter. In summer, the tree may shade the system for the majority of the day. As tree grows it will block the either system
18 San Pablo at 40th St (NB) 37. 831483, - 122. 279929 Link Non- Viable Tree south of pole very close. it will drop leaves in winter so the system should be ok in Winter. In summer, the tree will shade the system for the majority of the day. As tree grows it will block the either system
19 San Pablo at 40th St (SB) 37. 830613, - 122. 279818 Link Non- Viable Tree south of pole very close. it will drop leaves in winter so the system should be ok in Winter. In summer, the tree will shade the system for the majority of the day. As tree grows it will block the either system
20 San Pablo at 37th St (NB) 37. 827596, - 122. 278733 Link Non- Viable Tree south of pole very close. it will drop leaves in winter so the system should be ok in Winter. In summer, the tree will shade the system for the majority of the day. As tree grows it will block the either system
21 40th at San Pablo ( EB) 37. 831091, - 122. 279225 Link Non- Viable Buildings to south block sun and systems are under trees 22 40th at San Pablo ( WB) 37. 831182, - 122. 279480 Link Non- Viable Tree west of pole very close. it will drop leaves in winter so the system should be ok in Winter. In summer, the tree will shade the system for the majority of the day. As tree grows it will block the either system
26 Emery at 40th ( SB) 37. 830956, - 122. 281145 Link Non- Viable Good solar site, but street light will shade the unit in the winter - if we could move the pole a little bit, the location would be much better. 36 40th at Emery ( EB) 37. 830659, - 122. 281370 Link Non- Viable Building directly south will block sun in Dec 37 40th at Emery ( WB) 37. 830756, - 122. 281563 Link Non- Viable Tree directly over pole will shade system 38 40th at Harlan St. ( WB) 37. 830446, - 122. 283118 Link Non- Viable Tree directly over pole will shade system 39 40th at Harlan St. ( EB) 37. 830236, - 122. 283469 Link Non- Viable Building directly south will block sun in Dec 40 40th at Hollis ( WB) 37. 830014, - 122. 285175 Link Non- Viable Tree directly over pole will shade system 41 40th at Hollis ( EB) 37. 829883, - 122. 285136 Link Non- Viable Building directly south will block sun in Dec 42 40th at Horton ( WB) 37. 829450, - 122. 287954 Link Non- Viable Tree directly over pole will shade system in summer 43 40th at Horton ( EB) 37. 829443, - 122. 287314 Link Non- Viable Building directly south will block sun in Dec 45 65th St & Shellmound St (EB) 37. 846158, - 122. 294817 Link Non- Viable Building directly south will block sun in Dec 48 Shellmound St & Shellmound Way 37.840244, - 122. 293563 Link Non- Viable Tree to the south of the pole will contiune to grow and block the sun 50 Shellmound at Christie ( SB) 37. 837499, - 122. 293174 Link Non- Viable Tree to the south of the stop pole will block exposure when it grows 53 Powell at Hilton Garden Inn 37. 837731, - 122. 298359 Link Non- Viable Clear southern exposure but the top of the pole is in a tree 58 2100 Powell 37. 839957, - 122. 298251 Link Non- Viable Will get early morning sun around building 62 Hollis at 40th ( SB) 37. 829528, - 122. 285329 Link Non- Viable Pole top is in a tree 4 Hollis at 65th ( NB) 37. 846933, - 122. 291507 Link Poor PV Stop Max ( 40W) with a push button ( off-on) 5 Hollis at 65th ( SB) 37. 846621, - 122. 291540 Link Poor PV Stop Max ( 40W) with a push button ( off-on) 6 Hollis at 59th ( SB) 37. 841031, - 122. 289725 Link Poor PV Stop Max ( 40W) with a push button ( off-on) 7 Hollis at 59th ( NB) 37. 841511, - 122. 289779 Link Poor PV Stop Max ( 40W) with a push button ( off-on) 14 Park Ave at San Pablo ( WB) 37. 832217, - 122. 280881 Link Poor PV Stop Max ( 40W) with a push button ( off-on) 17 San Pablo Ave at 45th ( SB) 37. 833827, - 122. 280980 Link Poor PV Stop Max ( 40W) with a push button ( off-on) 30 Christie at 64th ( SB) 37. 843712, - 122. 295802 Link Poor PV Stop Max ( 40W) with a push button ( off-on) 47 Shellmound St & 65th St (SB) 37. 845779, - 122. 294525 Link Poor PV Stop Max ( 40W) with a push button ( off-on) 59 Hollis at 45th ( NB) 37. 833580, - 122. 286669 Link Poor PV Stop Max ( 40W) with a push button ( off-on) Emeryville Transit Stop Survey and Locations for PV Stop Max (40W) EPW-23008 D-4 2/5/2024
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB 2023 Microsoft Corporation © 2023 Maxar © CNES ( 2023) Distribution Airbus DS City of Emeryville

PROJECT LOCATION
SCALE: 1" = 1000'

AREA MAP

NOT TO SCALE

PROJECT

LOCATION
FOR USE IN CONJUNCTION WITH :

CALTRANS STANDARD SPECIFICATIONS DATED 2015
CALTRANS STANDARD PLANS DATED 2015

SUSTAINABLE STREETSCAPE PROJECT

DEPARTMENT OF PUBLIC WORKS

C A L I F O R N I A
W.

FRO
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TAG
E
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A
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POWELL STREET
HOL
L
IS
ST

MACARTHUR
BLVD
I-80
I8
0 I-580
I8
0 HOL
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IS
ST
SAN
PA
B
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A
V
E

PAVEMENT DELINEATION PLANS
TITLE
C01 29
JAN 2024
SHELLM
O
U
N
D
ST

PUBLIC LOT

MARINA LOT

RESTAURANT LOT

POINT EMERY

SHELLMOUND
ALAMEDA COUNTY FIRE STATION NO.35

CITY OF EMERYVILLE TOWN HALL
FY- 22 PAVEMENT IMPROVEMENTS

CITY OF EMERYVILLE, CALIFORNIA

DEPARTMENT OF PUBLIC WORKS

SUSTIANABLE STREETSCAPE PLANS
C
1- 800227- 2600
O
A
LL
FE
G
OYER
IDUB
In accordance with Section 7-7.01(c) of Chapter 7 of Title 7 of the Emeryville Municipal Code, as City Engineer for the City of Emeryville, I do hereby exercise the discretion delegated to me and approve the plan or design of a construction of, or an improvement to, public property to which this statement and my signature is affixed.

Executed on this day of ,
City of Emeryville
I N C O R P O R A T E D 1 8 9 6
109-3876
ANNUAL STREET REHABILITATION ANDPREVENTIVE MAINTENANCE PROJECTFISCAL YEAR 2023/ 2024 30 January 2024
RYAN O'CONNELL, SENIOR CIVIL ENGINEER 2/2/2024
471
EPW- 23008

COASTLAND/ MNS
CROSSROADS VAR. RO
TITLE
2024

SUSTAINABLE

STREETSCAPES PROJECT
D-01
2024 SUSTAINABLE STREETSCAPES PAVING PROJECT
1 UPDATED PER ADDENDUM NO. 2 (CHANGES IN RED) RO 3/5/24 55 HOLLIS STREET
DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB

CITY OF EMERYVILLE, CALIFORNIA

DEPARTMENT OF PUBLIC WORKS

SUSTIANABLE STREETSCAPE PLANS
C
1- 800227- 2600
O
A
LL
FE
G
OYER
IDUB
109-3876

ANNUAL STREET REHABILITATION ANDPREVENTIVE MAINTENANCE
2024COASTLAND | PROJECTFISCAL YEAR 2023/ DCCM
420 Executive Court North, Ste. G
Fairfield, CA 94534
707.702.1961 | coastlandcivil.com
01/ 08/ 2024 PAVEMENT DELINEATION PLANS

GENERAL NOTES, LEGEND

AND ABBREVIATION
C02 29
JAN 2024

ABBREVIATIONS

AC ASPHALT CONCRETE

AB AGGREGATE BASE

ACP ASBESTOS CEMENT PIPE
A.P.N. ASSESSORS PARCEL NUMBER
A.R.V. AIR RELEASE VALVE

AT AERIAL TARGET

BC BEGIN CURVE

BFP BACK FLOW PREVENTER

BO BLOWOFF

BRC BEGIN REVERSE CURVE

BSW BACK OF SIDEWALK

BWV BACKWATER VALVE

BVC BEGIN VERTICAL CURVE

CB CATCH BASIN

C& G CURB & GUTTER

CI CAST IRON

CENTERLINE

CLC CONTROL LINE COORDINATE

CMP CORRUGATED METAL PIPE

CO CLEANOUT

CONC CONCRETE

CP CONTROL POINT

CR CURB RETURN

CSP CORRUGATED STEEL PIPE

CTRL CONTROL

CV CHECK VALVE
DET. DETECTOR

DI DROP INLET

DIP DUCTILE IRON PIPE

DWY DRIVEWAY

E ELECTRICAL, ELECTRICAL CONDUIT

EC END CURVE

EG EXISTING GRADE

ELEC ELECTRIC
EL. ELEV ELEVATION

EP EDGE OF PAVEMENT

EVC END VERTICAL CURVE

EX,(E) EXISTING

FBG FEET BELOW GRADE

FC FACE OF CURB

FG FINISHED GRADE

FLOW LINE

FS FINISH SURFACE

FSW FRONT OF SIDEWALK
G GAS

GB GRADE BREAK

G SER GAS SERVICE

GV GATE VALVE

HDPE HIGH DENSITY POLYETHYLENE

HP HIGH POINT

IC INTERCONNECT

IG INVERT GRADE

INV INVERT GRADE

IP IRON PIPE

JP JOINT POLE

JT JOINT TRENCH

LAT SANITARY SEWER LATERAL

LF LINEAR FEET

LG LIP OF GUTTER

LT LEFT

MB MAILBOX

MH MANHOLE

MON MONUMENT

OG ORIGINAL GROUND

OD OUTSIDE DIMENSION

OH OVERHEAD UTILITY

PB PULL BOX

PC POINT OF CURVATURE

PCC POINT OF COMPOUND CURVE

PED PEDESTRIAN

PI POINT OF INTERSECTION

PL PROPERTY LINE

PVC POLY VINYL CHLORIDE

PVI POINT OF VERTICAL INTERSECTION

PRV PRESSURE REDUCING VALVE

R RADIUS
R.C. RELATIVE COMPACTION

RCP REINFORCED CONCRETE PIPE

RET RETAINING

RPB REDUCED PRESSURE BACKFLOW

PREVENTER

R& R REMOVE & REPLACE

RRFB RECTANGULAR RAPID FLASH BEACON
RT. RIGHT

RW RECLAIMED WATER

R/W RIGHT-OF-WAY

S SLOPE

SD STORM DRAIN

SDE STORM DRAIN EASEMENT

SDMH STORM DRAIN MANHOLE

SL STREET LIGHT

SS SANITARY SEWER

SSE SANITARY SEWER EASEMENT

SS LAT SANITARY SEWER LATERAL

SSMH SANITARY SEWER MANHOLE

SSCO SANITARY SEWER CLEANOUT

STA STATION

STL STEEL PIPE

STD STANDARD

TB TOP OF BANK

TC TOP OF CURB

TCE TEMPORARY CONSTRUCTION

EASEMENT

TEL TELEPHONE

TG TOP OF GRATE

TOE TOE OF SLOPE

TOP TOP OF PIPE

TP TELEPHONE POLE

TS TRAFFIC SIGNAL

TW TOP OF WALL
TYP. TYPICAL

U UNDERGROUND UTILITY

UG UNDERGROUND

UPC UNIFORM PLUMBING CODE

UTIL UTILITY

VC VERTICAL CURVE

VIF VERIFY IN FIELD

VLT VAULT
VAR. VARIES

W, WTR WATER, WATER MAIN

WM WATER MAIN

WS WATER SERVICE

W SER WATER SERVICE

WV WATER VALVE

PT ANGLE POINT
SECTIONS:

DETAILS:

DIRECTION VIEWVANTAGE OF

POINT AND SECTION ID LETTER

SHEET NUMBER

DETAIL ID NUMBER

DETAIL AND SECTION CALLOUTS
A00
1 00PER DETAIL

CONSTRUCTION NOTE DESIGNATIONS
CONSTRUCTION NOTES.

1. EXCAVATIONS OVER FIVE FEET (5') DEEP REQUIRE AN EXCAVATION PERMIT FROM THE STATE DEPARTMENT OF INDUSTRIAL SAFETY.

2. CONTRACTOR SHALL CALL "UNDERGROUND SERVICE ALERT" AT (800) 642-2444 AT LEAST ONE (1) WEEK PRIOR TO START OF CONSTRUCTION FOR LOCATING UNDERGROUND UTILITIES.

3. CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED

CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE

AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS

REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL

WORKING HOURS, AND CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY

AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN

CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE DESIGN PROFESSIONAL.

4. UNAUTHORIZED CHANGES & USES: THE ENGINEER PREPARING THESE PLANS WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR, UNAUTHORIZED CHANGES TO OR USES OF THESE PLANS. ALL

CHANGES TO THE PLANS MUST BE IN WRITING AND MUST BE APPROVED BY THE PREPARER OF THESE PLANS.

5. NOTICE TO CONTRACTORS: THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTILITY LINES OR STRUCTURES SHOWN ON THESE PLANS WERE OBTAINED BY A SEARCH OF AVAILABLE RECORDS.

TO THE BEST OF OUR KNOWLEDGE THERE ARE NO EXISTING UTILITIES EXCEPT AS SHOWN ON THESE PLANS. THE CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES TO PROTECT THE UTILITY LINES SHOWN AND ANY OTHER LINES NOT OF RECORD OR NOT SHOWN ON THESE PLANS.

6. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGES TO ANY UTILITIES CAUSED BY HIS OPERATIONS.

7. THE CONTRACTOR SHALL MAINTAIN REASONABLE ACCESS TO ALL DRIVEWAYS DURING CONSTRUCTION. MAIL SERVICE SHALL BE MAINTAINED THROUGHOUT THE COURSE OF THIS PROJECT. THE U.S. POSTAL SERVICE SHALL HAVE UNINTERRUPTED ACCESS TO MAILBOXES AT ALL TIMES.

8. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OFF- SITE DISPOSAL OF ALL BITUMINOUS PAVEMENT,

CONCRETE AND REINFORCEMENT, AND SPOILS NOT NEEDED FOR BACKFILL AS REQUIRED BY THE ENGINEER AND PER THE SPECIFICATIONS.

9. PRIOR TO THE START OF CONSTRUCTION THE CONTRACTOR SHALL PROVIDE THE CITY OF

EMERYVILLE ENGINEERING DEPARTMENT A TRAFFIC CONTROL PLAN IN ACCORDANCE WITH THE PROJECT SPECIFICATIONS.

10. THE CONTRACTOR SHALL PROVIDE AND MAINTAIN TRAFFIC AS INDICATED IN THE PROJECT SPECIAL PROVISIONS.

11. CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE SPECIAL PROVISIONS, THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS (2015), AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD PLANS (2015).

12. THE CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES TO LOCATE AND PROTECT ALL UTILITIES WHETHER OR NOT SHOWN ON THIS PLAN.

13. PRIME CONTRACTOR BIDDING THIS WORK SHALL HAVE A CLASS " A" OR " C-12".

14. ALL EXISTING IMPROVEMENTS SHOWN HEREON SHALL BE PROTECTED IN PLACE UNLESS OTHERWISE NOTED.

15. SIGNING AND STRIPING INSTALLATIONS SHALL CONFIRM TO THE 2014 CALIFORNIA MANUAL ON

UNIFORM TRAFFIC CONTROL DEVICES (CA MUTCD), THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) STANDARD PLANS AND SPECIFICATIONS DATED 2015, AND ALL ADDENDUMS THERETO.

16. ALL STRIPING, MARKINGS AND LEGENDS SHALL BE REFLECTORIZED THERMOPLASTIC UNLESS OTHERWISE NOTED. THE CONTRACTOR SHALL PROVIDE AND INSTALL RAISED PAVEMENT MARKERS FOR ALL STRIPING. STRIPING, MARKINGS AND LEGENDS SHALL CONFORM TO THE LATEST CALTRANS STANDARD PLANS A20A THRU A20D AND A24A THRU A24E.

17. PRIOR TO FINAL ACCEPTANCE OF STREET IMPROVEMENTS, ALL PAVEMENT STRIPING AND

STENCILING WITHIN THE PERIMETER OF THE CONSTRUCTION AREA SHALL BE RESTORED TO LIKE NEW CONDITION, IN A MANNER MEETING THE APPROVAL OF THE CITY OF EMERYVILLE.

18. THE CONTRACTOR SHALL RE-STRIPE EXISTING STRIPING AND CURB MARKINGS OBLITERATED BY

NEW CONSTRUCTION, WHETHER OR NOT SHOWN ON THE PLANS FOR REPLACEMENT, AT NO COST OF THE CITY.

19. ALL NEW STRIPING SHALL BE "CAT TRACKED" AND APPROVED BY THE ENGINEER PRIOR TO FINAL INSTALLATION. THE CONTRACTOR SHALL NOTIFY THE ENGINEER AFTER COMPLETING LAYOUT AND ATLEAST 3 WORKING DAYS BEFORE COMMENCING INSTALLATION OF STRIPING, MARKINGS AND MARKERS.

20. STRIPING SHALL BE APPLIED WITHIN 48 HOURS OF SURFACE COURSE REPLACEMENT ON STREETS OPEN TO THE PUBLIC. IN NO CASE SHALL A NEWLY PAVED STREET OPEN TO THE PUBLIC BE LEFT UNSTRIPED OVER A WEEKEND OR HOLIDAY.

21. ALL CONFLICTING STRIPING, PAVEMENT MARKINGS, LEGENDS AND RAISED PAVEMENT MARKERS SHALL BE REMOVED EVEN IF NOT SHOWN ON PLANS. CONTRACTOR TO NOTIFY ENGINEER OF CONFLICTING STRIPING PRIOR TO REMOVAL OPERATIONS. REMOVALS OF PAINTED STRIPING, PAVEMENT MARKINGS AND LEGENDS SHALL BE DONE BY WET SANDBLASTING. REMOVALS OF

THERMOPLASTIC STRIPING, PAVEMENT MARKINGS AND LEGENDS SHALL BE REMOVED BY WET

SANDBLASTING, GRINDING OR OTHER APPROVED METHOD AND SHALL NOT DAMAGE THE PAVEMENT. "BLACK OUT" OF EXISTING DELINEATION IS NOT PERMITTED. ALL DAMAGED PAVEMENT

DUE TO REMOVALS SHALL BE REPAIRED AS NECESSARY TO MAINTAIN A SMOOTH AND UNIFORM SURFACE OR AS DIRECTED BY THE ENGINEER.

22. WHERE APPLICABLE, OUTBOUND LANE LINE DETAILS SHALL COMMENCE AT THE CROSSWALK, MEANING THE PAINTED PORTION OF THE DETAIL SHALL JOIN THE CROSSWALK.

LEGEND

PROPERTY LINE

EASEMENT

FLOWLINE

CENTERLINE/ CONTROL LINE

CHAIN LINK FENCE

WOOD FENCE

WIRE FENCE

WATER MAIN PIPE

SANITARY SEWER PIPE

STORM DRAIN PIPE

GAS LINE

TELEPHONE LINE/ CONDUIT

ELECTRICAL LINE/CONDUIT

OVERHEAD UTILITY

WATER MAIN GATE VALVE

WATER MAIN BLOWOFF

WATER METER

FIRE HYDRANT

BACKFLOW PREVENTER

SANITARY SEWER MANHOLE

SANITARY SEWER CLEANOUT

STORM DRAIN MANHOLE

STORM DRAIN CURB INLET/ CATCH BASIN

STORM DRAIN DROP INLET ( TOP OPENING)

STORM DRAIN DROP INLET (SIDE OPENING)

MAILBOX

ROADSIDE SIGN

STREET LIGHT

TREE AND DRIP LINE

SURVEY CONTROL POINT

JOINT UTILITY POLE

ADDRESS

CROSSWALK ( HIGH VISIBILITY)
BFP
MB
JP
24 PAVEMENT DELINEATION PLANS

GENERAL NOTES, LEGEND

AND ABBREVIATION
C02 29
JAN 2024

GENERAL CONSTRUCTION NOTES
FG 8.32 ( FG 8.02)

SPOT ELEVATION CALL OUT
1 472
D-02
2024

SUSTAINABLE

STREETSCAPES PROJECT

GENERAL NOTES/LEGEND/ABBREVIATION
EPW- 23008
1 UPDATED PER ADDENDUM NO. 2 (CHANGES IN RED) RO 3/5/24 55 DocuSign 4F1224BAEE5DDocusign Envelope Envelope ID: ID: DE95FD4C- 0161908F- 3159- C6BB-4861- 4046-8C70- AA29-50F74D51EBDB

CITY OF EMERYVILLE, CALIFORNIA

DEPARTMENT OF PUBLIC WORKS

SUSTIANABLE STREETSCAPE PLANS
C
1- 800227- 2600
O
A
LL
FE
G
OYER
IDUB
109-3876

DETAILS
C40 29
JAN 2024
SCALE:

ASPHALT1 RAISED ISLAND CURB BUFFER AT (E)

NOT TO SCALE
E) AC

EXISTING BASE

OR SUBGRADE
4 LONGITUDINAL BAR FULL
LENGTH WITH #4 VERTICAL BAR
AT 12" DOWEL AND EPOXY 4"
MIN. EMBED INTO EXISTING AC.

SCALE:

A SHELLMOUND ROAD SECTION FACING NORTH (TYPICAL)

NOT TO SCALE

6.00'

3.00'

8.00' 11.00' 11.00'

2.50'

6.00'
BIKE
LANE
ISLAND
BUFFER

PARALLEL

PARKING
DRIVE
LANE
DRIVE
LANE
BIKE
LANE
ISLAND
BUFFER

N) AC SURFACE LAYER

EXISTING BASE

EXISTING ASPHALT
1 12" DEEP GRIND AT
WIDTH
4' MIN

NEW BASE
SET AC 1/4" ABOVE
VG LIP TYP.

VARIES
PLAN

0.50'
MIN 25'
VERTICAL CURB OPENING.

MIN. 25' SPACING ALONG
RAISED ISLAND.

SCALE:

GRIND2 TAPER
NOT TO SCALE SCALE:

COURSE3 LEVELING

NOT TO SCALE
SCALE:

GUTTER4 PCC VALLEY
NOT TO SCALE SCALE:

TREATMENT5 TYPICAL SURFACE
NOT TO SCALE SCALE:

SECTION6 CROSSWALK SPEED TABLE

NOT TO SCALE

SECTION
MAX2' 4.8%
MIN.

VA
R
IE
S
S
E
E
P
L
A
N
S
6"

E) AC GRADE

AC CONFORM
4 BARS @ 20" O.C. E.W.
5"

5.50'

SECTION
SCALE:

SOUTHB SHELLMOUND ROAD SECTION FACING
C34XX,C35XX NOT TO SCALE

6.50'

2.00 11.00' 5.50' 11.00'

2.00'

6.50'
BIKE
LANE
ISLAND
BUFFER

PARALLEL

PARKING

MEDIANDRIVE
LANE
BIKE
LANE
ISLAND
BUFFER

SURFACE TREATMENT

SURFACE TREATMENT
SURFACE TREATMENT #
4 BARS @ 15"
O.C. E.W.
3/
4 3'
7"
C
O
N
C
5"
A
B
IN AREAS WHERE (E) ASPHALT HAS MORE THAN 1/2" DEPRESSION MEASURED OVER 8 FEET OR CALLED OUT IN PLANS, CLEAN AND
REMOVE (E) LOOSE AC. FILL DEPRESSIONS

GRADESURFACE

EXISTING AC

TREATMENT
SCALE:

OUT7 PAVEMENT DIG

NOT TO SCALE
X"

N) AC SURFACE LAYER
NOTE:

1. X DEPTH REMOVAL OF EXISTING PAVEMENT SECTION DOWN TO BASE MATERIAL OR NATIVE SOIL. NATIVE SOIL AND/OR BASE SHALL BE REMOVED AND COMPACTED AS

NECESSARY TO INSTALL X REPLACEMENT DGAC PAVEMENT SECTION PER SPECIAL PROVISIONS.

EXISTING BASE OR

SUBGRADE

EXISTING AC
3/8" TYPE III MICRO

SURFACE ( IF INDICATED ON PLAN)
CL 2 AB @ 95% COMPACTION
SUBGRADE @ 95% COMPACTION

AC CONFORM EXISTING BASE OR

SUBGRADE

TYPE I OR II SLURRY SEAL
SUBGRADE @ 95%

COMPACTION
CL 2 AB @ 95%

COMPACTION

ASPHALT RUBBER CHIP

SEAL (IF INDICATED ON PLAN)

EXISTING AC

EXISTING BASE OR

SUBGRADE

SURFACE TREATMENT
TAPER GRIND TO (E) AC.

Emeryville City CouncilJuly 21, 2026

Emeryville City Council
July 21, 2026