Milpitas City Council
May 5, 2026

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5. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

ARTICLE 39 SCHEDULE OF VALUES, COST BREAKDOWN AND PERIODIC ESTIMATES Contractor shall furnish on forms Approved by the City:

1. When requested by the Engineer, and within ten (10) Days of Notice to Proceed with the Contract, the Contractor shall provide a Schedule of Values consisting of a detailed estimate giving a complete breakdown of the Contract price for each lump sum bid item in the Contract.

2. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.

3. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.

4. Following the City’s Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.

5. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

ARTICLE 40 PROGRESS ESTIMATES AND PAYMENT

1. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include any amount earned for authorized extra work. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section B below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request.

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2. The Contractor shall provide an updated project schedule with each payment request.

3. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in his judgment may be necessary to cover:

A. Payments which may be past due and payable for just claims against Contractor or any subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract.

B. Defective work not remedied.

C. Failure of Contractor to make proper payments to his subcontractor or for material or labor.

D. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid.

E. Damage to another contractor or a third party.

F. Amounts which may be due the City for claims against Contractor.

G. Failure of Contractor to keep the record (“as-built”) drawings up to date.

H. Failure to provide update on construction schedule as required herein.

I. Site cleanup.

J. Failure to comply with Contract Documents.

K. Liquidated damages.

L. Legally permitted penalties.

4. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (B)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith.

Such payments may be made without prior judicial determination of claim or obligations.

The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.

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5. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 calendar days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132.

The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of days by which the Engineer exceeds the seven (7) Day requirement.

6. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City.

ARTICLE 41 SECURITIES FOR MONEY WITHHELD
Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance u nder the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

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ARTICLE 42 CHANGES AND EXTRA WORK.

1. Contract Change Orders.

A. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. Except as otherwise provided herein, all such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.

B. Contractor shall promptly execute changes in the Work as directed in writing by the City even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price or Contract Time. All claims for additional compensation shall be presented in writing. No claim will be considered after the Work in question has been completed unless a written Change Order has been issued or a timely written notice of claim has been made by Contractor.

C. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract.

D. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.

E. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the work, including Additional Work, promptly and expeditiously.

F. Contractor shall make available to the City any of the Contractor’s documents related to the Project immediately upon request of the City, as set forth in Article 52.

G. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.

2. Contract Price Change.

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A. Process for Determining Adjustments in Contract Price. a) Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract Price or Contract Time, within seven (7) Days after receipt of a scope of a proposed change order initiated by the City, unless the City requests that proposals be submitted in less than seven (7) Days.
b) Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
c) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City. d) Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City, including but not limited to estimates and quotations from subcontractors or material suppliers, as the City may reasonably request. Contractor shall certify the accuracy of all Change Order Requests under penalty of perjury.
e) If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the Work immediately on a time and materials basis and/or issue a lump sum change to the Contract Price and/or Contract Time in accordance with the City’s estimate. If the change is issued based on the City's estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City’s estimate was in error.

3. Unit Price Change Orders.

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A. When the actual quantity of a Unit Price item is found to vary from the Bid Form, compensation for the change in quantity will be calculated by multiplying the actual quantity by the Unit Price. This calculation may result in either an additive or deductive Final Change Order pursuant to the Contract Documents. Contractor shall immediately inform the Engineer when the actual quanities vary from estimated quantities.

B. No Mark up for Overhead and Profit. Because the Contract Unit Prices provided in the Bid Form include Overhead and Profit as determined by Contractor at the time of Bid submission, no mark up or deduction for Overhead and Profit will be included in Unit Price Change Orders.

C. Bid items included on the Bid Form may be deducted from the Work in their entirety without any negotiated extra costs.

D. Contractor acknowledges that unit quantities are estimates and agrees that the estimated unit quantities listed on the Bid Form will be adjusted to reflect the actual unit quantities which may result in an adjustment to the Contract Unit Prices. Such an adjustment will be made by execution of a final additive or deductive Change Order following Contractor’s completion of the Work.

Upon notification, Contractor’s failure to respond within seven (7) Days will result in City’s issuance of a unit quantity adjustment to the Contract Unit Prices and/or Contract Time in accordance with the Contract Documents.

4. Lump Sum Change Orders. Compensation for Lump Sum Change Orders shall be limited to expenditures necessitated specifically by the Additional Work, and shall be segregated as follows:

A. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such new classifications. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.

B. Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight, and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the City shall determine the materials cost, at its sole discretion.

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C. Tool and Equipment Use. Costs for the use of small tools, which are tools that have a replacement value of $1,000 or less, shall be considered included in the Overhead and Profit mark-ups established below. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the Work is performed.

5. Time and Materials Change Orders.

A. General. The term Time and Materials means the sum of all costs reasonably and necessarily incurred and paid by Contractor for labor, materials, and equipment in the proper performance of Additional Work.

Except as otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, and shall include only the following items.

B. Timely and Final Documentation.
a) T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s Representative for an approval signature each day Additional Work is performed. Failure to get the City’s Representative’s approval signature each Day shall result in a waiver of Contractor’s right to claim these costs. The City’s Representative’s signature on time sheets only serves as verification that the Work was performed and is not indicative of City’s agreement to Contractor’s entitlement to the cost. b) T&M Daily Summary Sheets. All documentation of incurred costs (“T&M Daily Summary Sheets”) shall be submitted by Contractor within three (3) Days of incurring the cost for labor, material, equipment, and special services as Additional Work is performed. Contractor’s actual costs shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Each T&M Daily Summary Sheet shall include Contractor’s actual costs incurred for the Additional Work performed that day and a cumulative total of Contractor’s actual costs incurred for the Additional Work. Contractor’s failure to provide a T&M Daily Summary Sheet showing a total cost summary within three (3) Days but within five (5) Days of performance of the Work will result in the Contractor’s otherwise allowable overhead and profit being reduced by 50% for that portion of Additional Work which was not documented in a timely manner. Contractor’s failure to submit the T&M Daily Summary Sheet within five (5) Days of performance of the Work will result in a total waiver of Contractor’s right to claim these costs.

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c) T&M Total Cost Summary Sheet. Contractor shall submit a T&M Total Cost Summary Sheet, which shall include total actual costs, within seven (7) Days following completion of City approved Additional Work.

Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Contractor’s failure to submit the T&M Total Cost Summary Sheet within seven (7) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the T&M Summary Sheets or the performance of the Additional Work.
i. Labor. The Contractor will be paid the cost of labor for the workers used in the actual and direct performance of the Work.

The cost of labor will be the sum of the actual wages paid (which shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation, and similar purposes) substantiated by timesheets and certified payroll for wages prevailing for each craft or type of workers performing the Additional Work at the time the Additional Work is done, and the labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Work is
accomplished and which is a part of the Contract. The labor surcharge shall constitute full compensation for all payments imposed by Federal, State, or local laws and for all other payments made to, or on behalf of, the workers, other than actual wages.

i. Equipment Operator Exception. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental.
ii. Foreman Exception. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to the Additional Work shall be paid. Indirect labor costs, including, without limitation, the superintendent, project manager, and other labor ide ntified in the Contract Documents will be considered Overhead.
ii. Materials. The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the Project site in the quantities involved, plus the cost of sales tax, freight, delivery, and storage.

i. Trade discounts available to the purchaser shall be credited to the City notwithstanding the fact that such discounts may not have been taken by Contractor.
ii. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to

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be the price paid to the actual supplier as determined by the City’s Representative.
iii. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on
Additional Work items or the current wholesale price for such materials delivered to the Project site, whichever price is lower.
iv. If, in the opinion of the City’s Representative, the cost of materials is excessive, or Contractor does not furnish
satisfactory evidence of the cost of such materials, then the cost shall be deemed to be the lowest current wholesale price for the total quantity concerned delivered to the Project site less trade discounts.
v. The City reserves the right to furnish materials for the Additional Work and no Claim shall be allowed by
Contractor for costs of such materials or Indirect Costs or profit on City furnished materials.
iii. Equipment.
i. Rental Time. The rental time to be paid for equipment on the Project s ite shall be the time the equipment is in productive operation on the Additional Work being
performed and, in addition, shall include the time required to move the equipment to the location of the Additional Work and return it to the original location or t o another location requiring no more time than that required to return it to its original location; except that moving time will not be paid if the equipment is used on other than the A dditional Work, even though located at the site of the Additional Work. (a) Rental Time Not Allowed . Rental time will not be
allowed while equipment is inoperative due to
breakdowns.
(b) Computation Method. The following shall be used in computing the rental time of equipment on the
Project site.
(i) When hourly rates are paid, any part of an
hour less than 30 minutes of operation shall
be considered to be 1/2 -hour of operation,
and any part of an hour in excess of 30
minutes will be considered one hour of
operation.
(ii) When daily rates are paid, any part of a day
less than 4 hours operation shall be

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considered to be 1/2 -day of operation, and
any part of an hour in excess of 4 hours will
be considered one day of operation.
ii. Rental Rates . Contractor will be paid for the use of equipment at the lesser of (i) the actual rental rate, or (ii) the rental rate listed for that equipment in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates , which is in effect on the date upon which the Contract was executed. Such rental rates will be used to compute payments for equipment whether the equipment is under Contractor’s control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate (i.e., daily, monthly) resulting in the least total cost to the City for the total period of use. If it is deemed necessary by Contractor to use equipment not li sted in the publication, an equitable rental rate for the equipment will be established by the City’s Representative. Contractor may furnish cost data which might assist the City’s Representative in the establishment of the rental rate.
iii. Contractor-Owned Equipment.
(a) For Contractor -owned equipment, the allowed
equipment rental rate will be limited to the monthly
equipment rental rate using a utilization rate of 173
hours per month.
(b) For Contractor-owned equipment, the rental time to
be paid for equipment on the Site shall be the time
the equipment is in productive operation, unless, in
the instance of standby time, the equipment could be
actively used by Contractor on another project, then
City shall pay for the entirety of the time the
equipment is on Site. It shall be Contractor’s burden
to demonstrate to the City that the equipment could
be actively used on another project.
(i) All equipment shall, in the opinion of the
City’s Representative, be in good working
condition and suitable for the purpose for
which the equipment is to be used.
(ii) Before construction equipment is used on
the Additional Work, Contractor shall plainly
stencil or stamp an identifying number
thereon at a conspicuous location, and shall
furnish to the City’s Representative, in
duplicate, a description of the equipment and

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its identifying number and the scheduled
Additional Work activities planned.
(iii) Unless otherwise specified, manufacturer’s
rating and manufacturer approved
modifications shall be used to classify
equipment for the determination of
applicable rental rates. Equipment which
has no direct power unit shall be powered by
a unit of at least the minimum rating
recommended by the manufacturer.
iv. Special Services. Special work or services are defined as that Additional Work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. i. Invoices for Special Services . When the City’s
Representative and Contractor determine that a special
service is required which cannot be performed by the forces of Contractor or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the Additional Work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs, after validation of market values by the City’s Representative.
ii. Discount and Allowance . All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of Overhead and Profit specified herein, a total allowance not to exceed fifteen percent (15%) for Overhead and Profit will be added to invoices for Special Services.
iii. When the City determines, in its sole discretion, that competitive bidding is necessary for certain special
services, Contractor shall solicit competitive bids for those special services.
v. Excluded Costs. The term Time and Material shall not include any of the following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by Contractor’s allowance for Overhead and Profit. i. Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general
managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by
Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Additional Work;

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ii. Office Expenses. Expenses of Contractor’s principal and branch offices;
iii. Capital Expenses . Any part of Contractor’s capital expenses, including interest on Contractor’s capital
employed for the Additional Work and charges against
Contractor for delinquent payments;
iv. Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the
correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage
to property;
v. Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents;
vi. Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
vii. Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims; viii. Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention; ix. Home Office Overhead . Costs derived from the
computation of a “home office overhead” rate by application of the Eichleay, Allegheny , burden fluctuation, or other similar methods;
x. Special Consultants and Attorneys . Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. vi. Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials, and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and
subcontractors at cost only, without mark -up. Contractor shall provide City with documentation of the costs, including,

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but not limited to, payroll records, invoices, and such other information as City may reasonably request.
ii. For Work performed by the Contractor’s forces, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subcontractor’s Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub-subcontractor’s Net Cost for Work to which the subcontractor and general contractor may each add an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
v. No additional mark -up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty -five percent (25%) of the Net Cost as defined herein, of the party that performs the Work.

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vii. All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings, field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services;
reproduction services; Salaries of project engineer,
superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary On-Site facilities (Offices, Telephones, High Speed Internet Access, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final Cleanup; Other Incidental Work; Related Warranties; insurance and bond premiums.
viii. For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed record of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors
ix. For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed record of the cost to the Contractor, signed by such vendor or supplier.
x. Any change in the Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.
xi. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order for Work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights.

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xii. If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a Change Order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral Change Order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order, and providing such supporting documentation for its position as the City may require.

B. Change of Contract Times.

1. The Contract Times may only be changed by a Change Order.

2. All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor’s COR pursuant to this Article. No cost or time will be allowed for cumulative effects of multiple changes. All Change Orders must state that the Contract Time is not changed or is either increased or decreased by a specific number of days.

Failure to include a change to time shall waive any change to the time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order.

3. Notice of the amount of the request for adjustment in the Contract Times with supporting data shall be delivered within seven (7) Days after such start of occurrence, unless City’s Representative allows an additional period of time to ascertain more accurate data in support of the request.

No extension of time or additional compensation shall be given for a delay if the Contractor failed to give notice in the manner and within the time prescribed.

4. City may elect, at City’s sole discretion, to grant an extension in Contract Times, without Contractor’s request, because of delays or other factors.

5. Use of Float and Critical Path.
a. Float is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of either the City or the Contractor. b. Contractor shall not be entitled to compensation, and City will not compensate Contractor, for delays which impact early completion.

Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float.

6. Contractor’s entitlement to an extension of the Contract Times is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the

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City-caused delay extends the critical path beyond the previously approved Contract Time. If approved, the increase in time required to complete the Work shall be added to the Contract Time.
a. Contractor shall not be entitled to an adjustment in the Contract Price or Contract Times for delays within the control of Contractor.

Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the cont rol of Contractor.
b. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions (as determined by the City), Acts of God, acts or failures to act of utility owners not under the control of City, or other causes not the fault of and beyond control of City and Contractor, then Contractor shall be entitled to an time extension when the Work stopped is on the critical path. Such a non -compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays. Contractor must submit a timely request in accordance with the requirements of this Article.
c. Utility-Related Delays.
i. Contractor shall immediately notify in writing the utility owner and City’s Representative of its construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with this Article.
ii. Contractor shall not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents or by the Underground Service Alert survey.

7. Content for Requests for Contract Extension. Contractor’s justification for entitlement shall be clear and complete citing specific Contract Document references and reasons on which Contractor’s entitlement is based. At a minimum, each request for a time extension must include:
a. Each request for an extension of Contract Time must identify the impacting event, in narrative form, providing a description of the delay event and sufficient justification as to why the Contractor is entitled to a time extension. Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and any Subcontractors or Suppliers, or any other persons or organizations employed by any of them or for whose acts any of them ma y be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the

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corresponding Contract Times, despite Contractor’s reasonable and diligent actions to guard against those effects.
b. Each request for an extension of Contract Time must include a time impact analysis in CPM format, using the Contemporaneous Impacted As-Planned Schedule Analysis to calculate the impact of the delay event.

8. No Damages for Reasonable Delay.
a. City’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs.
b. City and City’s Representative, and the officers, members, partners, employees, agents, consultants, or subcontractors of each of them, shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

9. Contractor’s failure, neglect, or refusal to comply with the requirements of the Contract Documents, or any portion thereof, shall bar Contractor’s request for extensions of the Contract Times. Such failure, neglect, or refusal prejudices City’s and City’s Representative’s ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for extensions of Contract Times, and whether such extensions may be warranted. Contractor hereby waives all rights t o extensions of Contract Times due to delays or accelerations that result from or occur during periods of time for which Contractor fails, neglects, or refuses to fully comply with the requirements of this Article.

10. Contractors submission of daily construction reports and schedule updates in accordance with these Contract Documents is required for the evaluation of the merits of time extension request. Failure of the Contractor to submit daily construction reports and schedule updates shall constitute a waiver of its right to seek a time extension or additional compensation.

ARTICLE 43 FINAL ACCEPTANCE AND PAYMENT

1. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective.

Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

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2. Final Acceptance. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as-builts), and other documents required by the Contract Documents, the City shall execute and file with the County in which the Project is located a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

3. Final Payment.

A. Application for Payment. Upon execution of the Notice of Completion, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied (except as previously delivered) by: all documentation called for in the Contract Documents, including but not limited to a fully completed Conditional Waiver and Release on Final Payment
B. City’s Review of Application and Acceptance. If, on the basis of the City’s observation of the Work during construction and final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, the City is satisfied that the Work has been completed and Contractor has satisfied all other requirements for final payment, the City will process the final payment appllication. Otherwise, the City will return the payment application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the application for payment.

C. Payment Becomes Due. Within sixty (60) Days after the presentation to the City of the proper and complete final application for payment and accompanying documentation, the amount recommended by the Engineer, less any sum the City is entitled to set off pursuant to the Contract Documents, will become due and will be paid by the City to Contractor.

4. Waiver of Claims. The making and acceptance of final payment will constitute a waiver of all Claims by Contractor against the City other than those previously made in accordance with the requirements herein and expressly acknowledged by the City in writing as still unsettled.

ARTICLE 44 OCCUPANCY
The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

ARTICLE 45 INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, officials, officers, agents, employees, and representatives, and each of them from and against:

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1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.

2. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.

3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor;

4. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the City Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

ARTICLE 46 PROCEDURE FOR RESOLVING DISPUTES
Contractor shall timely comply with all notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 42, Changes and Extra Work, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the Contract Price or Contract Time, or to timely provide any oth er notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

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

2. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with Article 42 “Changes and Extra Work” has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the procedures contained in Article 42, Changes and Extra Work, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

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

A. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
B. List of documents relating to claim:

Specifications
• Drawings
• Clarifications (Requests for Information)
• Schedules
• Other
C. Chronology of events and correspondence
D. Analysis of claim merit
E. Analysis of claim cost
F. Time Impact Analysis in CPM format

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

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

B. Within 30 Days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 Days (if the claim is less than $15,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

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

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

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A. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

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

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

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

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

8. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:

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

B. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

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

10. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.

ARTICLE 47 CITY’S RIGHT TO TERMINATE CONTRACT

1. Termination for Cause by the City:

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A. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its Surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) calendar days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations.

B. In the event that the City serves such written notice of termination upon the Contractor and the Surety, the Surety shall have the right to take over and perform the Contract. If the Surety does not: (1) give the City written notice of Surety's intention to take over and commence performance of the Contract within 15 calendar days of the City's service of said notice of intent to terminate upon Surety; and (2) actually commence performance of the Contract within 30 calendar days of the City's service of said notice upon Surety; then the City may take over the Work and prosecute the same to completion by separate contract or by any other method it may deem advisable for the account and at the expense of the Contractor.

C. In the event that the City elects to obtain an alternative performance of the Contract as specified above: (1) the City may, without liability for so doing, take possession of and utilize in completion of the Work such materials, appliances, plants and other property belonging to the Contractor that are on the site and reasonably necessary for such completion (A special lien to secure the claims of the City in the event of such suspension is hereby created against any property of Contractor taken into the possession of the City under the terms hereof and such lien may be enforced by sale of such property under the direction of the City Council without notice to Contractor.

The proceeds of the sale after deducting all expenses thereof and connected therewith shall be credited to Contractor. If the net credits shall be in excess of the claims of the City against Contractor, the balance will be paid to Contractor or Contractor’s legal representatives.); and (2) Surety shall be liable to the City for any cost or other damage to the City necessitated by the City securing an alternate performance pursuant to this Article.

2. Termination for Convenience by the City:

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A. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, if the City determines that a termination is in the City's interest.

B. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the Effective Date of such termination.

C. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
a) Stop Work as specified in the Notice.
b) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
c) Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
d) Terminate all subcontracts to the extent that they relate to the portions of the Work terminated.
e) Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
f) Submit to the City's Representative, within ten (10) calendar days from the Effective Date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the Effective Date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.”

3. Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed.

4. In the event that the City exercises its right to terminate this Contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the Contract Documents, the following amounts:

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A. All actual reimbursable costs incurred according to the provisions of this Contract.

B. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the City's Representative that it is reasonably probable that Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.

C. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the Contract under this Article.

5. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

ARTICLE 48 WARRANTY AND GUARANTEE OF WORK

1. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.

2. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) calendar days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand.

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3. In addition to the warranty set forth in this Article, Contractor shall obtain for City all warranties that would be given in normal commercial practice and assign to City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article.

Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City as required.

4. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

5. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.

6. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) calendar days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

7. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.

8. Acceptance of Defective Work.

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A. If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such Defective Work and for the diminished value of the Work.

B. If any acceptance of defective work occurs prior to release of the Project Retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by City.

C. If the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City.

D. If the acceptance of Defective Work occurs after release of the Project Retention, an appropriate amount will be paid by Contractor to City.

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9. City May Correct Defective Work.

A. If Contractor fails within a reasonable time after written notice from City’s Representative to correct Defective Work, or to remove and replace rejected Work as required by City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) Days’ written notice to Contractor, correct, or remedy any such deficiency.

B. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere.

Contractor shall allow City and City’s Representative, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable City to exercise the rights and remedies to correct the Defective Work.

C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions into the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price.

D. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Defective Work.

E. If the Change Order is executed after all payments under the Contract have been paid by City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City.

F. If the Change Order is executed after release of the Project Retention, an appropriate amount will be paid by Contractor to City.

G. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to City correcting Defective work.

a) Nothing in the Warranty or in the Contract Documents shall be construed to limit the rights and remedies available to City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

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ARTICLE 49 DOCUMENT RETENTION & EXAMINATION

1. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

2. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City.

3. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

ARTICLE 50 SEPARATE CONTRACTS

1. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.

2. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.

3. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.

ARTICLE 51 NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms . Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

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ARTICLE 52 NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification.

ARTICLE 53 STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of th e date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Regist rar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

ARTICLE 54 INTEGRATION

1. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

2. Contract Documents Represent Entire Contract.The Contract Documents represent the entire agreement of the City and Contractor.

ARTICLE 55 ASSIGNMENT OF CONTRACT
Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void.

Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents i n favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

ARTICLE 56 CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect City’s rights under the Contract, including but not limited to the bonds.

ARTICLE 57 ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Public Contract Code section 7103.5, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all ri ghts, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC, Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code ), arising from the purchase of goods, services, or materials

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pursuant to this contract or any subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.

ARTICLE 58 PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

ARTICLE 59 CONTROLLING LAW
Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.

ARTICLE 60 JURISDICTION; VENUE
Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Sup erior Court of Santa Clara County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

ARTICLE 61 LAWS AND REGULATIONS

1. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Contractor observes that drawings and specifications are at variance therewith, it shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, it shall bear all costs arising therefrom.

2. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations.

ARTICLE 62 PATENTS
Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, arti cle or appliance manufactured, furnished or used by Contractor in the performance of this contract.

ARTICLE 63 OWNERSHIP OF CONTRACT DOCUMENTS
All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such

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documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of the Work.

ARTICLE 64 NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

ARTICLE 65 SURVIVAL OF OBLIGATIONS
All reresentations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, an d acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

END OF GENERAL CONDITIONS

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00 73 13 – SPECIAL CONDITIONS

1. Engineer of Record.

A. For purposes of this Project, the Engineer of Record or Engineer shall be:

Carlton D. Allen, III, PE, Bennett Engineering Inc.

2. Location of the Project.

The project is located at the locations shown on sheet T-1 on the approved plans

3. Status of the Project Area and Rights-of-Way.

A. City, at its expense, will provide all rights-of-way or permits, or both, covering the crossing of private property and public and private rights-of-way necessary for the permanent Work; provided, however, Contractor shall, at its expense, obtain any bonds or insurance policies or pay any fees and enter into any agreements required by a controlling authority, e.g., Caltrans or Southern Pacific Railroad Company, before Contractor enters upon any property or right-of-way under the jurisdiction of any such controlling authority for the purpose of performing Work.

B. City has acquired or is negotiating to acquire any rights-of-way, or both, necessary for the permanent Work.

C. If such permits are required, all operations of Contractor shall conform to the restrictions, regulations, and requirements set forth in said permits, copies of which will be included in the Contract Documents.

D. Contractor may be required, as a condition for receiving final payment, to obtain, and provide City’s Representative with copies of, executed damage releases from the owners of public and private property whose property has been damaged by the Work. The damage releases will be on a form provided by City.

E. Contractor shall, also, as a condition for receiving final payment, obtain, and provide City’s Representative with copies of, executed damage releases from the owners of certain public and private property or areas which have been crossed by the Work or otherwise affected by the Work. The damage releases will be on a form provided by City.

4. Site Data.

NOT USED

5. Pre-Purchased or Pre-Negotiated Material.

NOT USED

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6. Designation of City’s Representative.

A. Unless otherwise modified by City, City’s Representative shall be Mohit Chaudhary, Principal Civil Engineer.

7. Project Retention

In accordance with Public Contract Code § 7201, City will withhold 5% of each progress payment as retention on the Project.

8. Liquidated Damages Due to Contractor Delay.

A. Time is of the essence. Should Contractor fail to complete all or any part of the Work within the time specified in the Contract Documents, City will suffer damage, the amount of which is difficult, if not impossible, to ascertain and, pursuant to the authority of Government Code section 53069.85, City shall therefore be entitled to Five Thousand Dollars $5,000 per Day as liquidated damages for each Day or part thereof that actual completion extends beyond the time specified.

B. Liquidated damages may be deducted from progress payments due to Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent City, in case of Contractor's default, from terminating the Contractor.

9. Utility Outages – Notices to Residents.

A. Should Contractor’s operations require interruption of any utility service, Contractor shall notify City at least ten (10) Days prior to the scheduled outage. Contractor will notify all impacted residents on a form provided by City at least seven (7) Days prior to the scheduled outage.

B. Contractor shall be responsible for providing, at its cost, any temporary utility or facilities necessitated by the utility outage.

10. Schedule Constraints.

The project work along South Park Victoria Drive and Yellowstone Avenue shall start after June 05, 2026, and be completed prior to August 10, 2026. The work hours during school shall be 9:00AM – 2:00PM, if school is in session.

11. Safety Programs.

NOT USED.

12. Coordination with Other Contractors.

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NOT USED.

END OF SPECIAL CONDITIONS

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01 00 00 – GENERAL REQUIREMENTS

1. GENERAL

A. Description

a) The Street Resurfacing 2026 project consists of rehabilitating various streets throughout the city within the limits as shown on these plans.

Street Resurfacing shall include AC Digout/Repair and Grind/Overlay where required. In addition, work will include minor concrete work; upgrading existing curb ramps to comply with current ADA requirements; curb and gutter repair; signing and striping; sidewalk repair; traffic signal modifications; and adjusting utility covers to finished grade shall all be completed according to these plans and all associated contract documents.
b) The project is located at the locations shown on sheet T-1 on the approved plans

2. (NOT USED)

3. EXECUTION

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A. Layout of Work and Quantity Surveys
a) General. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed. b) City and/or the Engineer of Record has established primary control to be used by the Contractor for establishing lines and grades required for the Work.
c) Primary control consists of benchmarks and horizontal control points in the vicinity of the Work.A listing and identification of the primary control is provided on the Drawings. Before beginning any layout work or construction activity, the Contractor shall check and verify primary control, and shall advise the City Representative of any discrepancies. d) Quantity surveys. The Contractor shall perform such surveys and computations as are necessary to determine quantities of Work performed or placed during each progress payment period, and shall perform all surveys necessary for the City Representative to determine final quantities of Work in place.The City Representative will determine final quantities based upon the survey data provided by the Contractor, and the design lines and grades.If requested by the City Representative, the Contractor shall provide an electronic copy of data used for quantity computations.
e) All surveys performed for measurement of final quantities of Work and material shall be subject to approval of City’s Representative. Unless waived by City’s Representative in each specific case, quantity surveys made by the Contractor shall be made in the presence of City’s Representative.
f) Surveying
i. Accuracy. Degree of accuracy shall be an order high enough to satisfy tolerances specified for the Work and the following:

(1) Right-of-way and alignment of tangents and curves shall be within 0.1 foot.
(2) Structure points shall be set within 0.01 foot, except where operational function of the special features or installation of metalwork and equipment require closer tolerances. When formwork has been placed and is ready for concrete, the Contractor shall check the formwork for conformance with the drawings and to ensure that the forms are sufficiently within the tolerance limits for the completed work.
(3) Cross-section points shall be located within 0.1 foot, horizontally and vertically.
(4) Aerial Mapping shall meet National Mapping Standards for 2-foot contour intervals.

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ii. Records. Survey data shall be recorded in accordance with recognized professional surveying standards. Original field notes, computations, and other surveying data shall be recorded on electronic data collectors or in standard field books and must be of sufficient quality to enable the Contractor to prepare accurate record drawings as required by the Contract Documents.
iii. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required for surveys for the layout of work and quantity surveys shall be included in the Schedule of Pay Items for items of work requiring the surveys. No additional compensation shall be made to the Contractor for this Work.

B. SCHEDULE
a) Estimated Schedule. Within 21 Days after the issuance of the Notice of Award, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period.

If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.
b) Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion. The overall Project Schedule duration shall be within the Contract time. c) Weather Allowance. The schedule shall allow adequate time for inclement weather.
d) Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Engineer monthly when requested to do so by Engineer.

Contractor shall also submit schedules showing a three week detailed look-ahead at bi-weekly meetings conducted with the City. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

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C. TEMPORARY FIELD OFFICE

NOT USED.

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D. PROTECTION OF WORK AND PROPERTY
a) All traffic detector loops, fences, walls, culverts, monuments, or other obstructions (except property line monuments within five (5) feet of the centerline of the mains) which are removed, damaged, or destroyed in the course of the Work, shall be replaced or repaired to the original condition at no additional cost to City. Contractor shall be responsible for the cost to repair, replace, relocate, and replacement of utilities whether or not those obstructions have been shown on the Plans, unless otherwise stated herein. It is then the Contractor’s responsibility to employ at its expense a Licensed Land Surveyor to restore all property line monuments located more than five (5) feet from the centerline of the mains, which are destroyed or obliterated. Property line monuments located within five (5) feet of the centerline of the mains will be replaced by the City at no expense to the Contractor, provided the City is notified at least 48 hours before the property line monuments are damaged. b) Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
c) Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:
i. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.
ii. Provide substantial barricades around any shrubs or trees indicated to be preserved.
iii. Deliver materials to the Project site over a route designated by the Engineer.
iv. Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor. v. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials. vi. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City.

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vii. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City.
viii. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way.
ix. At the completion of work each day, leave the Project site in a clean, safe condition.
x. Comply with any approved stage construction and traffic control plans. Access to residences and businesses shall be maintained at all times, unless otherwise permitted in writing by the City. xi. Cover and or protect work and project site as may be required to prevent or mitigate schedule delay and to allow work to proceed during wet weather or wet conditions.
d) These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefore. e) Should damage to persons or property occur as a result of the Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs.

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E. SITE CONDITIONS SURVEYS
a) Work Included.
b) Contractor shall conduct thorough pre-construction and post-construction site condition surveys of the entire project area. Site Conditions surveys shall include written documentation of the conditions found, as well as photographs and video recordings of the area within at least 80 feet of any construction area and staging area. The written notes, photographs, and video shall be suitable for forensic purposes to resolve any damage claims that may arise as a result of construction.
c) Submittals.
i. Written documentation of site condition survey at pre-construction and post-construction.
ii. Photographs as described herein of pre-construction and post- construction conditions.
iii. Video recordings as described herein of pre-construction and post-construction conditions.
iv. Submittals shall be made within three days of the surveys. All post-construction data shall be submitted prior to the final project inspection.
d) Site Condition Written Documentation.
e) Written documentation shall include the time, date, and conditions under which the site survey was made. The documentation shall note the condition of structures, pavement, sidewalks, utilities, fences, and etc. within the work areas.
f) Photographs & Video Recording.
i. General – Prior to starting Work, Contractor shall provide a video recording of the project site. Contract shall take enough photographs during each site survey to provide a record of conditions existing prior to construction and conditions after construction. Pre-construction video and photographs shall be taken prior to any construction or mobilization of equipment, but not more that one week prior to actual start of work. The pre- construction photographs may be staged at different times to match the progression of the Work.

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ii. The photographs shall document existing damage to public and private facilities, both prior to and after construction. Conditions to be documented include, but are not limited to: sidewalk cracks, broken curbs, separated property walls, improvements within public right-of-ways, access roads used, utility covers and markings, signs, pavement striping, pavement, unique or unusual conditions, adjacent driveways, landscaping, survey markers, and any feature directed by the Engineer. Private property that is adjacent to the public right-of-way shall be documented to the extent visible from the public right-of-way.
iii. Photographs shall include items to indicate scale, as needed. In particular, scales or other items shall be laid next to close ups of structural cracks and other damaged areas being recorded.

Scaling shall also be used to document elevation differences, as needed.
iv. One set of color prints and the preconstruction site video shall be submitted. Additional sets shall be available for reviewing in settling any construction disputes. A set of photos shall also be furnished in electronic format. The resolution shall be at least equal to 7 mega-pixels. All photos shall be documented as to time and date taken, photographer, project number, location, and orientation. Documentation shall include a brief description of objects photographed.
g) Video Recording.
i. Video recordings shall document the conditions of the entire area affected by construction, as well as nearby structures and facilities. The general documentation requirements for videos are the same as for photographs. Video recorders shall accurately and continuously record the time and date.
ii. Video recordings shall include an audio portion made simultaneously during the videoing. The audio recording shall describe the location, time, orientation, and objects being recorded. Special commentary shall be provided for unusual conditions or damage noted.
iii. Video equipment shall be capable of producing high resolution images and shall have zoom capabilities.
iv. Video recordings shall provide an overall picture of the sites and shall provide detailed images of damaged areas. Video shall extend to the maximum height of structures.
v. The Engineer shall have the right to reject any audio video recordings submitted with unintelligible audio, uncontrolled pan or zoom, or of poor quality. Video recordings shall be repeated when rejected.

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vi. Video recordings shall be submitted with labels indicating the project, date, recorder, and other pertinent information.

Recordings shall be submitted either digitally or on standard DVDs in a standard format.
h) Timing.

Contractor shall provide written notice of the time scheduled for the site conditions survey and the place it is to begin. Contractor shall obtain the Engineer’s concurrence prior to beginning the condition survey. The Engineer reserves the right to cancel the survey due to weather conditions or other problems. Videoing shall be done during times of good visibility and no videoing or photography shall be done during periods of visible precipitation or when standing water obscures pavement. Contractor sh all provide the Engineer with an opportunity to have a representative present when taking the photos and provide guidance during photographing.

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i) Site Surveyor.
j) The site condition surveyor(s) shall be experienced in construction and potential damage concerns. The site condition surveyor(s) shall be familiar with the photography and video equipment being used. k) Field Quality Control.
l) Prior to submitting videos and photographs, the Contractor shall spot check the photos and videos in the field to insure they accurately reflect the actual conditions and to insure they are correctly labeled. m) Soils Compaction Testing.
i. All soils compaction testing will be done by a licensed geotechnical engineer furnished by the City. Soils compaction testing will be done for all footings and foundations prior to placement of rebar or concrete.
ii. For pipeline construction, soil compaction testing will be done at 100-foot intervals or as ordered by the project soils/geotechnical report at the bottom of the trench prior to placement of pipe bedding; at the top of the pipe bedding above the pipe; every two vertical feet of trench backfill or as otherwise ordered by the project soils/geotechnical report; at the top of the trench backfill, which sould be the bottom of the pavement section; and at the top of the aggregate base prior to pavement construction.

F. Submittal Requirements for Manuals and Record Drawings a) General. The Contractor shall furnish all materials and perform all Work required for furnishing submittals to City in accordance with Contract Documents.The Contractor shall submit Project Record Drawings, Technical Manual, Spare Parts, and other required items within 5 days following completion of project construction, and prior to Contractors request for Project Acceptance.
b) Technical Manuals.
i. The Contractor shall submit technical operation and maintenance information for each item of mechanical, electrical and instrumentation equipment in an organized manner in the Technical Manual. It shall be written so that it can be used and understood by City’s operation and maintenance staff.
ii. The Technical Manual shall be subdivided first by specification section number; second, by equipment item; and last, by "Category." The Contractor shall furnish to City four (4) identical Technical Manuals. Each set shall consist of one or more volumes, each of which shall be bound in a standard binder.

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G. Spare Parts List - The Contractor shall furnish to City six (6) identical sets of spare parts information for all mechanical, electrical, and instrumentation equipment. The spare parts list shall include the current list price of each spare part. The spare parts list shall include those spare parts which each manufacturer recommends be maintained by City in inventory. Each manufacturer or supplier shall indicate the name, address, and telephone number of its nearest outlet of spare parts to assist City in ordering. The Contractor shall cross-reference all spare parts lists to the equipment numbers designated in the Contract Documents. The spare parts lists shall be bound in standard size, 3-ring binder.

H. Record Drawings
a) The Contractor shall maintain one record set of Drawings at the Site. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings.

Said record drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed.

These master record drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date.
b) For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations.
c) Record drawings shall be accessible to City’s Representative at all times during the construction period. The record drawings shall be kept up to date and will be checked by the City prior to each progress payment.

Failure on the Contractor’s part to keep record drawings current could result in withholding partial payment.
d) Upon Completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to City’s Representative. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.

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e) Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Manuals and Record Drawings shall be included in Contractor’s bid and distributed in the Schedule of Pay. No additional compensation shall be made to the Contractor for this Work.

I. MATERIALS
f) Materials to be Furnished by the Contractor
i. Inspection of Materials. Materials furnished by the Contractor which will become a part of the Project shall be subject to inspection at any one or more of the following locations, as determined by City’s Representative: at the place of production or manufacture, at the shipping point, or at the site of the Work. To allow sufficient time to provide for inspection, the Contractor shall submit to City’s Representative, at the time of issuance, copies of purchase orders or other written instrument confirming procurement of the materials, including drawings and other pertinent information, covering materials on which inspection will be made.
ii. No later than fourteen (14) Days prior to manufacture of material, Contractor shall inform City’s Representative, in writing, the date the material is to be manufactured.
iii. Contractors Obligations. The inspection of materials at any of the locations specified above or the waiving of the inspection thereof shall not impact whether the materials and equipment conform to the Contract Documents. Contractor will not be relieved from furnishing materials meeting the requirements of the Contract Documents due to City’s inspection or lack of inspection of the equipment or materials. Acceptance of any materials will be made only after materials are installed in the Project.
iv. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to accommodate City’s testing efforts, including any travel required by Contractor’s forces, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items related to the materials requiring testing.

No additional compensation shall be made to the Contractor for this Work.

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J. LOCAL CONDITIONS AND REQUIREMENTS
a) Access to Work and Haul Routes
i. General. All work on the rights-of-way necessary for access to the Site shall be performed by the Contractor. Contractors anticipated Haul Routes shall be in compliance with the City's approved Truck Routes available from the Engineer.
ii. Access, Damage, Restoration. The Contractor shall make his own investigation of the condition of available public or private roads and of clearances, restrictions, bridge-load limits, permit or bond requirements, and other limitations that affect or may affect transportation and ingress or egress at the Site.
iii. The Contractor shall maintain and repair any damage arising out of Contractor’s operations to all roads used during construction of the Project, and upon completion of all Work, but prior to final acceptance, the roads shall be restored to their original condition.

Prior to using any road for access to the Site, the Contractor shall conduct a photograph and/or video survey of the roadway with a copy submitted to City’s Representative.
iv. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.
b) Power. Contractor shall provide at its own expense all necessary power required for operations under the contract. The Contractor shall provide and maintain in good order such modern equipment and installations as shall be adequate in the opinion of the Engineer to perform in a safe and satisfactory manner the Work required by the contract.
c) Construction Water.
i. Construction water shall not be used for purposes other than those required to satisfactorily complete the contract. ii. Construction recycled water will be made available to the contractor from one of three fill locations within the city limits. If there is a need for construction recycled water during
construction, the contractor shall apply for a city construction recycled water meter at the city hall finance counter prior to the beginning of work. A security deposit of $2,000 is required for the construction water meter from which the meter rental fee and cost of water will be deducted. if the rental fee and the water costs exceed the $2,000.00 deposited, an invoice will be issued to the contractor for payment.

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iii. Construction potable water will only be made available to the contractor if it can be demonstrated that recycled water cannot be used for the construction activities. potable water will be made available from existing city fire hydrant(s) nearest the proposed construction site as approved by the engineer, or by such other means as may be expressly approved in writing by the engineer.

If there is a need for water during construction, the contractor shall apply for a city construction water meter at the city hall finance counter prior to the beginning of work. a security deposit of $2,000 is required for the construction water meter from which the meter rental fee and cost of water will be deducted. If the rental fee and the water costs exceed the $2,000.00 deposited, an invoice will be issued to the contractor for payment.
iv. All required water, all work and materials required for obtaining, pumping, transporting and applying and otherwise disposing of said water shall be in an approved manner and shall be performed by, and at the expense of the contractor and no extra or separate compensation will be made thereof.
d) Operation of Existing Water Facilities
i. The Contractor shall not operate any of the existing water systems, including pumps, motors, valves, and hydrants, but shall contact the City two (2) working days in advance with a list and location of the water system facilities that will require operating, opening, stopping, or closure by the City.
ii. At the option of the Engineer, the Contractor may be permitted to operate valves for the purpose of making connections to existing mains. The City will perform all notification to existing customers regarding temporary loss of service.
iii. Contractor shall submit a request on City’s standard form for any shut-down of existing water facilities.

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e) Construction at Existing Utilities
i. General. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.
ii. Permission, Notice and Liability. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.
iii. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

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f) Traffic Control
i. General. Contractor shall abide by traffic control plans approved by the City.
ii. Protections. Roads subject to interference by the Work shall be kept open or suitable temporary passages through the Work shall be provided and maintained by the Contractor. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signs, and shall take all necessary precautions for the protection of the Work and the safety of the public. No construction work along public or private roads may proceed until the Contractor has proper barricades, flasher lights, flag persons, signals, and signs in place at the construction site.
iii. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.
g) Cleaning Up
i. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment.

Contractor shall not store debris under, in, or about the premises.

Contractor shall also clean all asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment, including all USA markings. The use of water, resulting in mud on streets, will not be permitted as substitute for sweeping or other methods. Dust control may require having a water truck onsite for the duration of the project, and/or use of temporary hoses and pipelines to convey water.
ii. Contractor shall fully clean up the site at the completion of the Work. If the Contractor fails to immediately clean up at the completion of the Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.

K. ENVIRONMENTAL QUALITY PROTECTION
a) Environmental Conditions

NOT USED

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b) Landscape and Vegetation Preservation
i. General. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.
ii. Damage and Restoration. Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours.
iii. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion. iv. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.
c) Protected Species
i. General. If, in the performance of the Work, evidence of the possible occurrence of any State or Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within 2 Days.
ii. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. iii. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents.
iv. False Siting. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.

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v. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

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d) Preservation of Historical and Archeological Resources i. General. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor notify the Construction/Archeological Monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the
Construction/Archeological Monitor and/or City within 2 Days. ii. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource.
iii. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations.

Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the
Construction/Archeological Monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition.

Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents.
iv. Contractor’s Liability. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents.
v. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

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e) Dust and Pollution Control
i. Contractor shall provide all necessary material, equipment and labor to prevent and control the emission of dust and any other potential pollutant on site. Contractor shall remove construction caused debris from streets and sidewalks as directed by the Engineer.
ii. Contractor shall not discharge into the atmosphere from any source smoke, dust or other air contaminants in violation of the law, rules, and regulations of the governing agency.
iii. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. f) Management of Storm, Surface and Other Waters
i. Storm water, surface water, groundwater, and nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the City and its contractors to manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. Contractor
acknowledges that it has investigated the risk arising from such waters in conjunction with the Project, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

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ii. The Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter- Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to the San Francisco Bay Regional Water Quality Control Board Order No.

R2-2015-0049 (NPDES Permit No. CAS 612008), and State
Water Resources Control Board Order No. 2010-0014-DWQ,
Order No. 2009-0009-DWQ, and Order No. 2012-0006-DWQ, and any amendment or renewal thereof (“Construction General Permit”). Contractor must perform all construction operations in such a manner as to comply, and ensure all subcontractors to comply, with all applicable Federal, State, and local laws, orders, and regulations concerning the control and abatement of water pollution; and all terms and conditions of any applicable permits issued for the Project. In the event there is a conflict between Federal, State, and local laws, regulations, and requirements, the most stringent shall apply.
iii. Compliance with Construction General Permit. Contractor must comply with all aspects of the Construction General Permit, State Water Resources Control Board (State Board) Water Quality Order No. 2009-0009-DWQ, as amended by Order Nos. 2010- 0014-DWQ and 2012-0006-DWQ, and any amendment or renewal thereof (NPDES CAS000002), for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common plan of development or sale.

(1) Permit registration. Unless otherwise specified in the Special Conditions, Contractor must prepare the Notice of Intent for coverage under the Construction General Permit and all Permit Registration Documents (PRDs), including but not limited to the Storm Water Pollution Prevention Plan (SWPPP), as those terms are defined in the Construction General Permit. Contractor must coordinate submittal of all PRDs with th eCity’s Legally Responsible Person and/or Authorized Signatory, as those terms are defined in the Construction General Permit.

The Contractor must submit the PRDs, including the SWPPP to the City Representative for review not less than fifteen (15) Days prior to the start of on- site construction work. City will file the Notice of Intent and PRDs and pay the filing fee.
(2) Before any Construction General Permit related documents may be submitted to the State Board or implemented on the Project site, they must first be reviewed and accepted by City. Acceptance by the City does not relieve the Contractor from ensuring such documents comply with all laws applicable laws, regulations, and orders.

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(3) Contractor must ensure that the SWPPP is developed by a Qualified SWPPP Developer and implemented by a Qualified SWPPP Practitioner as those terms are defined in the Permit. Contractor must implement the SWPPP and all other provisions of the Construction General Permit, including the monitoring and reporting requirements, preparing and submitting all reports, plans, inspe ctions, and monitoring information in compliance with the Construction General Permit. The SWPPP must include industry standard requirements for water quality control including but not be limited to the following:

Sediment and erosion control measures to manage
sediment and erosion including vegetative practices,
structural control, silt fences, straw dikes, sediment controls or operator controls as appropriate.Storm water
management measures shall be instituted as required,
including velocity dissipaters, and solid waste controls shall address controls for building materials and offsite tracking of sediment.

Wastewater and storm water management controls to divert offsite surface flows around the Project site and to divert surface flows within the Project area away from areas of open earth or stockpiles of building and other materials.

Wastewater from general construction activities, such as drain water collection, aggregate processing, concrete
batching, drilling, grouting, or other construction operations, shall not enter flowing or dry watercourses without having met the authorized non-storm water discharge requirements listed in State Board Water Quality Order No. 2009 -0009- DWQ, Section III.C., including proper notification to the Regional Water Board.

Pollution prevention measures including methods of
dewatering, unwatering, excavating, or stockpiling earth and rock materials which include prevention measures to control silting and erosion, and which will intercept and settle any runoff of sediment-laden waters.

Turbidity prevention measures for prevention of excess
turbidity including, but are not restricted to, intercepting ditches, settling ponds, gravel filter entrapment dikes, flocculating processes, recirculation, combinations thereof, or other approved meth ods that are not harmful to aquatic life. All such wastewaters discharged into surface waters, shall contain the least concentration of settleable material possible, and shall meet all conditions of section 402, the National Pollutant Discharge Eliminatio n System (NPDES) permit.

Overall construction site management measures to address changes at the Project site as the Project moves through

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different phases and changes that account for rainy and dry season management practices.

Pollution control measures and construction activity
methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants or wastes, into streams, flowing or dry watercourses, lakes, wetlands, reservoirs, or underground water sources. Such pollutants and wastes include, but are not restricted to:
refuse, garbage, cement, sanitary waste, industrial waste, hazardous materials, radioactive substances, oil and other petroleum products, aggregate processing, tailings, mineral salts, and thermal pollution.

Control measures for stockpiled or deposited materials
prohibiting the stockpile or deposit of excavated materials, or other construction materials, near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff, or can, in any way, encroach upon the watercourse.

Develop and implement a Rain Event Action Plan (REAP),
if required, that must be designed and implemented to
protect all exposed portions of the site 48 hours prior to any likely precipitation event.

Monitoring, reporting and record keeping, as necessary to achieve compliance with applicable Permit requirements, including but not limited to annual reports and rain event reports.
(4) City retains the right to procure and maintain coverage under the Construction General Permit for the Project site if the Contractor fails to draft a SWPPP or other Construction General Permit related document, or fails to proceed in a manner that is satis factory to City. City reserves the right to implement its own SWPPP at the Project site, and hire additional contractors to maintain compliance. Whether Contractor has adequately maintained compliance with the Construction General Permit shall be City’s so le determination. In the event that Contractor has failed or is unable to maintain compliance with the Construction General Permit, any costs or fines incurred by City in implementing a SWPPP, or otherwise maintaining compliance with the Construction General Permit shall be paid by the Contractor.

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iv. For those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing construction industry best management practices to eliminate or reduce the discharge of pollutants from construction sites, such as the best management practices set forth in the CASQA
Construction BMP Handbook.
v. In addition to compliance with the Permit, Contractor shall comply with the lawful requirements of any applicable municipality, district, drainage district, flood control district, and other local agencies regarding discharges of storm water, surface water, groundwater or other nuisance waters off of the Project site.

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g) Contractor violations.
i. Failure to implement the SWPPP or otherwise comply with the Construction General Permit or local state and federal laws is a violation of this Contract. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify, defend – with counsel acceptable to the City – and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. ii. City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy.

Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any enforcement action and/or settlement reached between the City and any relevant
enforcement entity.
iii. City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the the laws, regulations and policies described in this Article, or any other relevant water quality law, regulation, order, or policy.
iv. If noncompliance with any relevant law, regulation or permit, order, or policy occurs, the Contractor shall report this to the City Representative immediately, with the specific information submitted in writing within 2 Days. Consistent violations of applicable Federal, State, or local laws, orders, regulations, or Water Quality Standards may result in City stopping all site activity until compliance is ensured. The Contractor shall not be entitled to any change in Contract Price or Contract Times, claim for damage, or additional compensation by reason of such a work stoppage. Corrective measures required to bring activities into compliance shall be at the Contractor's expense.

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h) Oil storage tanks management.
i. Storage tank placement. All oil or other petroleum product (hereinafter referred to collectively as oil) storage tanks shall be placed at least 20 feet from streams, flowing or dry watercourses, lakes, wetlands, reservoirs, and any other water source. ii. Storage area dikes. Storage areas shall be diked at least 12 inches high or graded and sloped to permit safe containment of leaks and spills equal to the capacity of all tanks and/or containers located within each area, plus a sufficient amount of freeboard to contain the 25-year rainstorm.
iii. Diked area barriers. Diked areas shall have an impermeable barrier at least 10 mils thick. Areas used for refueling operations shall have an impermeable liner at least 10 mils thick buried under 2 to 4 inches of soil.
iv. Spill Prevention Control and Countermeasure Plan (SPCC).

Where the location of a construction site is such that oil from an accidental spillage could reasonably be expected to enter into or upon the navigable waters of the United States or adjoining shorelines, and the aggregate storage of oil at the site is over 1,320 gallons or a single container has a capacity in excess of 660 gallons, the Contractor shall prepare an SPCC Plan. The Contractor shall submit the SPCC Plan to the Engineer at least 30 days prior to delivery or storage of oil at the site. The Plan must have been reviewed and certified by a registered professional engineer in accordance with 40 C.F.R., part 112

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i) Underground tank prohibition. The Contractor shall not use underground storage tanks.
j) Construction safety standards. The Contractor shall comply with the sanitation and potable water requirements of Section 7 of United States Bureau of Reclamation's publication “Reclamation Safety And Health Standards.”
k) Other Permits.
i. Other permits applicable to the Project are listed in the Special Conditions. The Contractor shall obtain all other necessary licenses and permits.
ii. Monitoring. The Contractor is required to conduct monitoring in order to meet the requirements of the permits, which may include sampling, testing and inspections.
iii. Recordkeeping. The Contractor shall retain all records and data required by the permits for the time specified in the contract. l) Cost. Except as specified herein, the cost of complying with this section shall be included in the Schedule of Pay Items for work which necessitates the water pollution prevention measures required by this paragraph.

L. TESTING REQUIREMENTS
a) General

i. Material and sample testing is the responsibility of the Contractor and their third-party material testers. Contractor shall follow the testing requirements specified in Exhibit “A” and provide test results to the City. The Federal requirements specified in Exhibit “A” take precedence over City testing requirements.
ii. The City has the right to audit testing procedures or perform supplemental testing to verify contract requirements are met. This does not release the contractor from the requirement to perform their own testing.

END OF GENERAL REQUIREMENTS

38077.00180\29080232.9 -146- 01 20 00 – MEASUREMENT AND PAYMENT

01 20 00 – MEASUREMENT AND PAYMENT

1. Bid Item No. 1 & Bid Alt Item No. 1– Mobilization (5% Maximum) Refer to Section E-01 “Mobilization” for Measurement and Payment of Bid Item No. 1 and Bid Alt Item No.1, “Mobilization”.

2. Bid Item No. 2 – Neighborhood Notification
Refer to Section E-02 “Neighborhood Notification” for Measurement and Payment of Bid Item No. 2, Neighborhood Notification.

3. Bid Item No. 3 & Bid Alt Item No. 2- Traffic Control (10% Maximum) Refer to Section E-03 “Traffic Control” for Measurement and Payment of Bid Item No. 3 and Bid Alt Item No. 2, Traffic Control.

4. Bid Item No. 4 – Monument Referencing (Incl. Pre-Construction And Post Construction)
Refer to Section E-04 “Monument Referencing (Incl. Pre-Construction And Post Construction)” for Measurement and Payment of Bid Item No. 4, Monument Referencing.

5. Bid Item No. 5 - Water Pollution Control Program
Refer to Section E-05 “Water Pollution Control Program” for Measurement and Payment of Bid Item No. 5, Water Pollution Control Program.

6. Bid Item No. 6 – Type II – Fiberized Slurry Seal With Crack Seal Refer to Section E-06 “Slurry Seal” and E-21 “Crack Seal” for Measurement and Payment of Bid Item No. 6, Type II – Fiberized Slurry Seal With Crack Seal.

7. Bid Item No. 7 & Bid Alt Item No. 3– Hot Mix Asphalt (Type A) 1.5”, 2”, and 2.5”, 3”, 6”
Refer to Section E-07 “Hot Mix Asphalt” for Measurement and Payment of Bid Item No. 7 and Bid Alt Item No. 3, Hot Mix Asphalt (Type A).

8. Bid Item No. 8 – Rubberized Hot Mix Asphalt (Type G) 1.5”, 2.5” Refer to Section E-08 “Rubberized Hot Mix Asphalt” for Measurement and Payment of Bid Item No. 8, Rubberized Hot Mix Asphalt (Type G).

9. Bid Item No. 9 through 12– Base Repair (4”, 5”, 5.5”, and 6” Thick) Refer to Section E-09 “Base Repair” for Measurement and Payment of Bid Item No. 9, Base Repair.

10. Bid Item No. 13 – Geosynthetic Pavement Interlayer (Paving Fabric) Refer to Section E-10 “Geosynthetic Pavement Interlayer” for Measurement and Payment of Bid Item No. 13, Geosynthetic Pavement Interlayer.

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11. Bid Item No. 14 through 16 & Bid Alt Item No. 4 and 5 – Asphalt Concrete Grinding - 2”, 2.5”, 3”, 6”
Refer to Section E-11 “Asphalt Concrete Grinding” for Measurement and Payment of Bid Item No. 14 through 16 and Alt Bid Item No. 4 and 5, Asphalt Concrete Grinding.

12. Bid Item No. 17 – Sidewalk Removal and Replacement
Refer to Section E-12 “Portland Cement Concrete Construction” for Measurement and Payment of Bid Item No. 17, Sidewalk Removal and Replacement.

13. Bid Item No. 18 - Curb and Gutter Removal and Replacement (Beyond Ramp Limits)
Refer to Section E-12 “Portland Cement Concrete Construction” for Measurement and Payment of Bid Item No. 18, Curb and Gutter Removal and Replacement (Beyond Ramp Limits).

14. Bid Item No. 19 – Install Curb Ramp (Per Caltrans Standard Drawings) Refer to Section E-12 “Portland Cement Concrete Construction” for Measurement and Payment of Bid Item No. 19, Install Curb Ramp (Per Caltrans Standard Drawings).

15. Bid Item No. 20 – Surface Applied Detectable Warning Surface Refer to Section E-12 “Portland Cement Concrete Construction” for Measurement and Payment of Bid Item No. 20, Surface Applied Detectable Warning Surface.

16. Bid Item No. 21 – Adjust Monument Cover to Grade
Refer to Section E-13 “Adjustment Of Appurtenances” for Measurement and Payment of Bid Item No. 21, Adjust Monument Cover to Grade.

17. Bid Item No. 22 & Bid Alt Item No. 6 – Adjust Water Valve Cover to Grade Refer to Section E-13 “Adjustment Of Appurtenances” for Measurement and Payment of Bid Item No. 22 and Bid Alt Item No. 6, Adjust Water Valve Cover to Grade.

18. Bid Item No. 23 – Adjust Gas Valve Cover to Grade
Refer to Section E-13 “Adjustment Of Appurtenances” for Measurement and Payment of Bid Item No. 23, Adjust Gas Valve Cover to Grade.

19. Bid Item No. 24 – Adjust Flushing Inlet Cover to Grade Refer to Section E-13 “Adjustment Of Appurtenances” for Measurement and Payment of Bid Item No. 24, Adjust Flushing Inlet Cover to Grade.

20. Bid Item No. 25 & Bid Alt Item No. 7 – Adjust Storm Sewer Manhole Frame and Cover to Grade
Refer to Section E-13 “Adjustment Of Appurtenances” for Measurement and Payment of Bid Item No. 25 and Bid Alt Item No. 7, Adjust Storm Sewer Manhole Frame and Cover to Grade.

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21. Bid Item No. 26 – Adjust Storm Drain Manhole Frame and Cover to Grade Refer to Section E-13 “Adjustment Of Appurtenances” for Measurement and Payment of Bid Item No. 26, Adjust Storm Drain Manhole Frame and Cover to Grade.

22. Bid Item No. 27 – Adjust Water Manhole Frame and Cover to Grade Refer to Section E-13 “Adjustment Of Appurtenances” for Measurement and Payment of Bid Item No. 27, Adjust Water Manhole Frame and Cover to Grade.

23. Bid Item No. 28 – Adjust Storm Drain Drainage Inlet to Grade Refer to Section E-13 “Adjustment Of Appurtenances” for Measurement and Payment of Bid Item No. 28, Adjust Storm Drain Drainage Inlet to Grade.

24. Bid Item No. 29 through 42 & Bid Alt Item No. 6– Traffic Line (by Detail Number or Type) and Pavement Marking (By Color or Symbol), Red Curb Paint, Green Bike Lane Marking, Traffic Line and Pavement Markings, Diagonal Buffer

Refer to Section E-14 “Traffic Markings” for Measurement and Payment of Bid Item No. 29 through 41, Traffic Line (by Detail Number or Type), Bid Item No. 39 Pavement Marking (By Color or Symbol), Bid Item No. 40 Red Curb Paint, Bid Item No. 41 Green Bike Lane Marking, Bid Item No. 42 Diagonal Buffer and Bid Alt Item No. 8 Traffic Line and Pavement Markings.

25. Bid Item No. 43 & 44 – Remove and Replace Pavement Sign; Relocate/Reset Roadway Sign
Refer to Section E-14 “Traffic Markings” for Measurement and Payment of Bid Item No. 43 and 44, Remove and Replace Sign on Existing Post, and Install New Sign and Post.

26. Bid Item 45 – Portable Changeable Message Signs
Refer to Section E-15 “Portable Changeable Message Sign” for Measurement and Payment of Bid Item No. 45, Portable Changeable Message Signs.

27. Bid Item No. 46 to 52 – Traffic Signal Modification Refer to section E-23 “Electrical” for Measurement and Payment of Bid Items No 46-52 “Traffic Signal Modification” at the respective intersections.

28. Bid Item 53 – Roadside Sign Lighting System
Refer to Section E-23 “Electrical” for Measurement and Payment of Bid Item No. 53, Roadside Sign Lighting System.

29. Bid Item 54 – Radar Speed Feedback Sign Systems
Refer to Section E-23 “Electrical” for Measurement and Payment of Bid Item No. 54, Radar Speed Feedback Sign Systems.

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END OF SECTION

38077.00180\29080232.9 -150- 01 31 00 – NOTICE TO PROCEED

01 31 00 – NOTICE TO PROCEED
The Contractor shall accomplish the following items prior to being issued a Notice to Proceed:

1. Attend City Pre -Construction Meeting with the Engineer. Attendees shall include the Contractor, Contractor's Superintendent, and all Subcontractors.

2. Obtain favorable City review of Contractor’s Construction Base-Line Schedule, which shall be completed in accordance with the requirements of the Contract Documents.

3. Obtain favorable City review of Contractor’s Water Pollution Control Plan, and/or De -Water Operations Plan (if applicable) which shall be completed in accordance with these Contract Documents.

4. Obtain favorable City review of Contractor’s Traffic Control/Staging Plan completed in accordance with these Contract Documents.

5. Obtain favorable City review of Contractor’s Construction Sequence/Work Plan completed in accordance with these Contract Documents.

Upon completion of these items, and any other requirements as may be specified elsewhere in these Contract Documents, the Engineer will issue a Notice to Proceed to the Contractor. This Notice will establish the first chargeable day of the Contract. However, the City shall start charging contract days 21 calendar days following the date of the Contractor’s receipt of the Notice of Award letter, regardless of the Contractor's progress in completing all the items specified above and/or elsewhere within the Contract Documents.

The Contractor shall notify the Engineer of its intent to begin work at least 24 -hours prior to beginning work by calling (408) 586 -3270. Once work begins, notification must be made only if work is delayed or suspended.

END OF NOTICE TO PROCEED

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01 33 00 – LIST OF SUBMITTALS
Refer to the General Conditions, Technical Provisions, and elsewhere within the Contract Documents regarding the Submittal requirements and required Submittals for this Work. The list of submittals shall include, but is not limited to the following:

ITEM DESCRIPTION Refer to
Section:

TIME FOR CITY
REVIEW
( WORKING DAYS)

1. Base-Line Schedule 01 00 00 10

2. USA Tag & Number 00 72 13 5

3. Schedule of Values 00 72 13 10

4. Construction Water Permit 01 00 00 10

5. Record Drawing 01 00 00 10

6. Construction Work Plan 01 31 00 10

7. Portable Changeable Message Sign Location E-15 5

8. Construction Notices/ List of Addresses E-01 5

9. Traffic Control/Staging Plans E-03 10

10. Paving/Grinding/Surfacing Plan E-11 10

11. Existing Site photos/ Video E-17 &
01 00 00
5 12. Hot Mix Asphalt (HMA) (Type – A) Mix Design and
Rubberized HMA (Gap Graded), Material, Truck
Delivery Tickets, and Certificate of Compliance
E-07 & 08 10

13. Cold Milling Disposal Delivery Tickets E-11 5

14. Water Pollution Control Plan E-05 10

15. Concrete Mix Design, Material, Truck Delivery
Tickets, and Certificate of Compliance
E-12 5

16. Detectable Warning Surface E-12 5

17. Traffic Marking Material, and Certificate of
Compliance
E-14 5

18. Roadside Signage Material E-14 5
19 Lead Compliance Plan E-14 10
20 Proposed Truck Route/Haul Route E-03 5
22 Root Barrier E-17 5
23 Traffic Signal Modification E-23 5

Contractor shall provide Certificate of Compliance (COC) for all relevant items shown in Exhibit “A”.

END OF LIST OF SUBMITTALS

38077.00180\29080232.9 -152- 01 33 00 – LIST OF SUBMITTALS

Certification Page

ENGINEER’S CERTIFICATIONS :

These Technical Specifications have been prepared for City of Milpitas, for the following project:

Street Resurfacing 2026

The documents have been prepared by, or under the direct supervision of the following design Professional Engineer(s), licensed in the State of California:

REVIEWED BY: CARLTON D. ALLEN III, PE - REGISTERED CIVIL ENGINEER DATE:

March 12, 2026

38077.00180\29080232.9 -154- 02 00 00 – TECHNICAL PROVISIONS

02 00 00 – TECHNICAL PROVISIONS

38077.00180\29080232.9 -155- E-01 MOBILIZATION

E-01 MOBILIZATION

PART 1 - GENERAL

1.1 OBJECTIVES
Mobilization shall conform to the applicable provisions in Section 9-1.16D, “Mobilization”, of the latest State Standard Specifications.

1.2 WORK INCLUDED
a) Mobilization and demobilization
b) Preparatory work and activities those necessary for the movement of personnel, equipment, supplies, and incidentals to the job site c) Establishment of all offices, building, trailers, and other facilities necessary for work on the project
d) Submittals, bonding and insurance requirements
e) Public notifications in English and Spanish
f) Contacting and notifying utility companies
g) Fabricating and installing project identification signs h) Private property owner agreement for storage facilities i) All other work and activities which must be performed or costs incurred prior to beginning work on the various contract items on the project site

1.3 REFERENCES

a) Cal/OSHA – California Division of Occupation Safety and Health b) Underground Services Alert (USA)

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1.4 MEASUREMENT AND PAYMENT:
a) The contract Lump Sum price paid for “Mobilization (5% Maximum)” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in mobilization as specified herein. The total lump sum shall not exceed 5% of the total Base Bid, any amount in excess of 5% shall be paid with the release of retention payment.
i. Partial payment for Mobilization shall conform to Public Contract Code 10264. The City will make partial payments for the mobilization costs of a contract subject to this chapter, not to exceed the following:
ii. When 5 percent of the original contract amount is earned, 50 percent of the amount bid for mobilization, or 2.5 percent of the original contract amount, whichever is lesser, may be paid. iii. When 10 percent of the original contract amount is earned, 75 percent of the amount bid for mobilization or 3.75 percent of the original contract amount, whichever is lesser, may be paid. iv. When 20 percent of the original contract amount is earned, 95 percent of the amount bid for mobilization, or 4.75 percent of the original contract amount, whichever is lesser, may be paid. v. When 50 percent of the original contract amount is earned, 100 percent of the amount bid for mobilization, or 5 percent of the original contract amount, whichever is lesser, may be paid. vi. Upon completion of all work on the project, payment of any amount bid for mobilization in excess of 5 percent of the original contract amount will be paid.

PART 2 - (NOT USED)
PART 3 - EXECUTION

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3.1 MOBILIZATION
a) Mobilization shall consist of preparatory work and activities listed in Part

1.1 above.
b) Ensure that adequate existing sanitation facilities are available or the Contractor shall provide and maintain adequate sanitation facilities. All wastes and refuse from sanitary facilities provided by the Contractor’s operations shall be disposed of away from the site in accordance with all laws and regulations pertaining thereto.
c) Mobilization shall also include demobilization upon completion of work and cleanup of the site.
d) Provide all labor, materials, equipment and incidentals to prepare the site for the timely start and efficient completion of all work. This includes obtaining all necessary licenses and permits, providing required submittals including but not limited to a detailed project schedule. e) Notify all existing utility companies shown on the Drawings as first order of work, in writing and by telephone call

END OF SECTION

38077.00180\29080232.9 -158- E-02 NEIGHBORHOOD NOTIFICATION

E-02 NEIGHBORHOOD NOTIFICATION
PART 1 - GENERAL

1.1 WORK INCLUDED
a) Maintenance of Access and Public Notification:
i. Vehicular access shall be maintained at all times to all existing driveways within the project site. Pedestrian access and circulation that is fully wheelchair accessible shall be maintained by the Contractor throughout the project area. No closure of any street, driveway, or right of way may occur without written authorization from the Engineer. Advance Public Notification:
ii. Two weeks and 48 hours prior to beginning any Work, the Contractor shall provide approved Construction Notices as approved by the Engineer, to all residents, businesses, property owners, tenants and applicable parties within 300 feet and or adjacent to the project area.
a. Specify the expected date for start of construction, a general description of the construction activity to take place, expected duration of the activity, and the name, address, 24-hour telephone number of the Contractor and project website information.
b. Provide updated notices prior to beginning of major
construction activity, including start of construction, concrete flatwork, pavement grinding, pavement base
repair, and pavement overlays.
c. The Contractor shall provide a copy of the notice for review and approval to the Engineer. Refer to the Submittal
requirements in General Conditions.
d. The Contractor shall provide the Engineer with a list and a map of the street addresses where the notices will be
posted and/or mailed.
e. The Contractor shall provide additional notification to properties abutting work areas for curb ramps and
sidewalk replacement.
f. The Contractor shall provide copies of distributed approved Construction Notices to the Engineer.
iii. The contractor shall create and maintain a live update Website to provide construction activity updates for all project streets, current schedules, and contractor and City contact information. The Engineer shall approve website information format.

b) NO PARKING SIGNS/TOWING:

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i. The contractor’s construction activities shall minimize on-street parking restrictions. Reasonable on-street parking supply shall be made available within 500 feet of a no-parking restriction, unless otherwise approved by the Engineer.
ii. The Contractor shall provide "No Parking" signs with day of the week and work hours written out or properly abbreviated with 3 or 4 letters; the month shall be written out or properly abbreviated with 3 or 4 letters; date or dates of restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign.
iii. Signs shall be mounted such that the words, “No Parking” are at an elevation at least 3 feet and not more than 7 feet above the adjacent flow line. Signs may be tied with string to trees and power poles, taped to existing sign poles, or mounted to stakes or barricades as provided by the Contractor. The Contractor shall also include on the backside of the mounting stakes or barricades a current copy of the Construction Notice. The signs shall be placed as needed to control the parking of cars within the construction zone and shall be placed at a maximum spacing of sixty (60) feet.
iv. Signs shall be posted and maintained by the Contractor for a period of 72 hours prior to the restrictions becoming effective. The Contractor shall promptly reset or replace all damaged and defective signs. Upon completion of work in each area, all signs, stakes, and barricades shall be promptly and completely removed by the Contractor.
v. The Contractor shall be fully responsible for adequate removal of all parked cars. All vehicle removal shall be coordinated by the Contractor with the Police Department. The Contractor shall notify the Police traffic sergeant upon posting of the parking restrictions for a particular street and when the signs are removed. For removal of parked vehicles, the Contractor shall notify the Police traffic sergeant not less than 2 hours prior to the needed removal with the address nearest the parked vehicle, make, model, color, and license number. The City shall not be responsible for any delay or additional cost associated with the removal of parked cars which obstruct the construction operation.
vi. If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor’s failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.
vii. The following shall also be contacted by the Contractor and made aware of the intended construction activities 5 days, and 48-hours, prior to planned construction activities. Confirmation of notifications shall be submitted to the Engineer.

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Contact Telephone
Number
Milpitas Police Department (408) 586-2400
Milpitas Fire Department (408) 586-2800

Contact the following only when work activities may affect

Valley Transportation Authority (VTA)
Superintendents Control Center: (408) 546-7616
Long Term bus route closure or detours: (408) 321-7062
Bus Stop closure or relocations: (408) 952-4106
Safety Operator: (408) 546-7970
Central Dispatch - Busing (408) 546-7667
Light Rail (#1) (408) 321-7036
Light Rail (#2) (408) 546-7608

Alameda County Transit (AC Transit)

AC Transit (510) 891-4777

Waste Pick-up

Milpitas Sanitation (garbage collection): (408) 988-4500

City of Milpitas Solid Waste Coordinator: (408) 586-3353

Post Office Milpitas Branch
U.S. Post Office (408) 262-0860

viii. The Contractor shall provide the City with written proof of notification of the parties listed above by listing all parties contacted, the names of those contacted, and the dates the contacts were made.
ix. General: Schedule operations to minimize disruption of access to private property.
x. Notice to Residents: Prior to blocking access to any private driveway or parking lot entrance, or impacting parking, notify the resident or business owner or tenant of pending closure and allow resident to remove vehicles.
xi. Nights: During non-working hours no driveway, house, parking lane, or parking lot shall be denied access to a public roadway.

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c) Postal Service Coordination:
i. Prior to starting any construction activities, the Contractor shall contact the Milpitas branch of the U.S. Post Office to provide notice of the construction work, and to coordinate to ensure no stoppage of mail delivery due to the work.
ii. The Contractor shall be responsible to ensure the work operations do not interrupt, impede, or stop mail delivery services to Milpitas residents, business or others. The Contractor shall provide temporary mailboxes or other services and facilities as necessary to ensure the mail delivered and not affected by the work. iii. Notice shall be given for general construction activity in an area as well as specific activities, which will, in any way, inconvenience the resident/property owner or affect their operations or access to their property.
d) Waste Pick-up:
i. The Contractor shall not impede or impair waste haulers, recycling operations and buses within the project area. It is the Contractor’s responsibility to determine which waste haulers, recycling operators and buses are scheduled to work in the project area and to develop a project schedule that will not impede or impair their operations.
ii. The Contractor shall install and maintain a 24-hour telephone for project information and questions. The Contractor shall check for messages at least once every twelve hours, seven days a week, including weekends and holidays. The Contractor shall respond promptly to all calls.
iii. Failure to comply with the above notification requirements could result in cancellation by the Engineer, of the day’s work. No extension of time or additional cost will be granted for delays to the Contractor caused by any work cancellations due to
Contractors failure to comply with the requirements of this Section. e) Encroachment Permits: Contractor shall comply with required encroachment permit conditions when working in permitting jurisdiction’s right of way.

1.2 MEASUREMENT AND PAYMENT

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A. The contract Lump Sum price paid for “Neighborhood Notification” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in notifications to affected property owners, including preparing schedule notifications, making revisions to schedule per City comments, preparing draft and final flyers, notifying owners of parking impacts, postage, deliveries, posting of “No Parking” signs, maintaining access, creating and maintaining a live update website, providing temporary mailboxes, responding to questions from property owners, providing correspondences of all communications with property owners to the City, and all other work, as shown on the plans, as specified in the latest Standard Specifications, these Technical Specifications, and as directed by the Engineer.

PART 2 – (NOT USED)
PART 3 – (NOT USED)

END OF SECTION

38077.00180\29080232.9 -163- E-03 TRAFFIC CONTROL

E-03 TRAFFIC CONTROL
PART 1 – GENERAL

1.1 SUMMARY
a) The Contractor shall provide for safe movement of vehicular, bicycle, and pedestrian traffic, including persons with disabilities in accordance with the Americans with Disabilities Act of 1990 (ADA), through and around construction operations. Traffic control requirements set forth herein are the minimum requirements imposed. The Contractor shall be solely responsible for providing all necessary protective measures. b) The Contractor shall supply and install traffic control devices including, but not limited to, warning, regulatory, and guide signs, equipment, pavement delineation, and flaggers in accordance with Section 12, “Temporary Traffic Control,” of the latest Standard Specifications. The Contractor shall prepare and submit Traffic Control/Staging/Detour plans for the Work. Contractor shall be responsible for submitting traffic control plans to Caltrans for any work within Caltrans right-of-way. Caltrans requires up to 60 days to approve and review an Encroachment Permit application.
c) All temporary traffic control plans including temporary pedestrian and bicycle access plans submitted by the Contractor shall conform to California Manual of Uniform Traffic Control Devices (CA MUTCD) – Latest Edition.

1.2 DESCRIPTION OF WORK
a) Work Included:
i. At all times, provide safe and adequate passage for vehicular and pedestrian traffic through, around, and adjacent to all construction operations by use of detours, bridging, backfilling, paving, traffic barriers or other favorably reviewed means.
ii. Establish and maintain detours and conduct construction operations in such a manner as to minimize hazard,
inconvenience, and disruption to the public.
iii. Provide for protection of pedestrians & cyclists and separation of pedestrians & cyclists from construction operations at all times. iv. Direct, divert and detour traffic through, around and adjacent to construction operations in accordance with the Traffic Control and Pedestrian/Bicycle Access Control Plans (TC&PBAC Plans) as specified herein or in accordance with favorably reviewed TC&PBAC Plans. Revise the TC&PBAC Plans as necessary only with the favorable review of the Engineer.

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1.3 REFERENCES
a) Standard Plans and Specifications, California Department of Transportation, latest edition.
b) California Manual on Uniform Traffic Controls (CAMUTCD), California Department of Transportation, latest edition.
c) Work Area Traffic Control Handbook, Building News Incorporated, P.O.

Box 3031, Terminal Annex, Los Angeles, California 90051.

1.4 SUBMITTALS
a) Traffic Control/Stage/Detour Plan:
i. The Contractor shall submit site-specific Traffic
Control/Staging/Detour Plan(s) stamped and signed by a licensed Professional Engineer/Traffic Engineer in the State of California for City’s review and approval prior to issuance of Notice to Proceed. Plans shall be submitted to the Engineer a minimum of two (2) full Working Days prior to the Preconstruction Meeting or minimum of 14 calendar days prior to the Work.
ii. The Plan(s) shall consists of a scaled aerial view drawing(s) in accordance with the latest version of the State of California Department of Transportation “Manual of Traffic Controls for Maintenance and Construction Work Zones.” Copies or modified copies of the Manual of Traffic Controls for Maintenance and Construction Work Zones or the Work Area Traffic Control Handbook or any other type of copied standardized traffic control plans shall not be acceptable.
iii. The Plan(s) shall show all traffic control measures and devices on the actual street(s) as it relates to the site conditions and to the safe movement of traffic for, but not limited to, lane closures, detours, no parking areas, signing program for construction, access to private property and business establishments, pedestrian traffic, railroad crossings, transit routes, loading areas, the proposed routing of the construction vehicles, hours required for access and the safe guards and procedures necessary to carry out the Work. The Plan(s) shall also indicate, but not be limited to, placement and type of warning signs, delineators, temporary lighting, devices, flaggers persons, construction vehicles and equipment staging, work hours and schedule.

iv. Due to traffic and vehicle speeds on Great Mall Parkway, night work will may be necessary for portions of the work. Traffic Control plans shall specify hours of operations per stage.

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v. Agency specific traffic control plans may be required to obtain encroachment permits or permits to construct.

b) Grading/Grinding/Surfacing Plans

i. The Contractor shall submit grading, grinding and surfacing plans.

The Plan(s) shall show all areas of work for major construction activities, expected durations, and major traffic control elements.

Plans must be consistent with Contractor schedule and traffic control plans.

c) Lane Closure Restrictions:

i. For any lane closure, the Contractor shall submit Traffic Control and Detour Plan for City’s review and approval. The Plan(s) shall provide for the orderly and predictable movement of all traffic and pedestrians and for such guidance and warning as needed to ensure the safe and informed operation of individual elements of the traffic stream. Contractor shall not detour traffic or close lanes until the traffic control plan has been approved by the Engineer.

ii. The Contractor shall keep a minimum of one 11-foot wide lane of traffic open in each direction during working hours. Attention is directed to these Contract Documents regarding specific traffic lane closure restrictions.

iii. Additional lane closure restrictions may be imposed if there is evidence that excessive inconvenience to the public is observed during construction.

iv. For narrow roadways where a minimum of one 11-foot wide lane of traffic open in each direction is not feasible, contractor shall maintain through traffic with flagging or submit a roadway closure plan with temporary detour for approval by the Engineer.

v. For all lane closures or when an entire segment of roadway in one-direction is closed, flashing arrow boards, detour signs, and flaggers are required at all times to direct traffic into the opposite direction.

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vi. Contractor shall provide safe passage to properties along the road or street affected by lane closure at all times. Temporary crossings shall be provided and maintained in good condition. vii. Contractor shall not place any construction signs, delineators, cones, or any other construction type signs or appurtenances in the lane to be closed before 9:00 a.m. and after 4:00 p.m. Lane closure hours for residential streets may be extended from 8:00 a.m. to 5:00 p.m. These requirements are subject to modification by the Engineer. Contractor is required to coordinate with the City regarding potential night work and night work restrictions. viii. For properties with only one driveway access, Contractor shall not close access to driveways for more than four (4) hours. Driveways shall not be closed before 8:00 AM or after 4:00 PM. Contractor shall closely coordinate with the property owners and notify the property owners for impacts to their driveways.

1.5 Measurement and Payment:
a) The contract Lump Sum price paid for “Traffic Control (10% Max.)” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in Traffic Control, complete in place, including preparation and approval process for Traffic Control/Staging/Detour Plans and Truck/Haul Route plans, warning devices, beacons, flaggers, temporary signs and posts, temporary asphalt tapers, removal of asphalt tapers and temporary striping when no longer required, temporary pavement delineation, maintain access for emergency vehicles at all times, maintaining access to garbage disposal trucks, USPS and other delivery trucks, detours for sidewalk closures, signage, placing, removing, storing, maintaining, moving to new locations, re-sequencing to accommodate project schedule, replacing and disposing of the components of the traffic control system, and traffic control devices including any traffic control needed for night time work, as specified in the State Standard Specifications, these Technical Provisions, and as directed by the Engineer. Total lump sum shall not exceed 10% of the total Base Bid.

PART 2 – PRODUCTS

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2.1 CONSTRUCTION SIGNS
a) Construction signs shall conform to the latest standards of the Standard Plans and Specifications and the CAMUTCD.
b) Temporary warning signs in construction areas shall have a black legend and border on an orange background. Color for other signs shall follow the standard for all highway signs.
c) All signs used during hours of darkness shall be retroreflective. d) After construction, Contractor to restore the sidewalk, landscape, or other existing facilities at the locations of the Construction area signs. Payment for sidewalk of landscape restoration shall be considered included in the construction area sign/traffic control pay items.

2.2 TRAFFIC CONTROL DEVICES

a) General: Traffic control devices shall conform to the latest standards of the Standard Plans and Specifications and the CAMUTCD.

b) Cones or Delineators:

i. Cones or delineators shall consist of cylindrical or cone shaped plastic devices, which shall be 18 inches to 48 inches in height.

ii. Cones or delineators shall have a flexible base of suitable weight, which will ensure stability.

iii. Cones or delineators used during hours of darkness shall be affixed with retroreflective sleeves or be internally illuminated meeting the requirements of the CAMUTCD.
c) Barricades:

i. Barricades shall conform to the Standard Plans and Specifications and the CAMUTCD.

ii. Barricades used during hours of darkness shall be equipped with flashers.

d) Water-Filled Barriers:

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i. Contractor has the option of installing water-filled barriers with the following requirements:
ii. Waterfilled barriers will be considered in lieu of temporary railings (Type K), upon a written request from the contractor along with proposed details, layout plan, temporary signing & striping and installation.
iii. The water filled plastic barriers shall conform to “Plastic Jersey JB- 32" or approved equal. (https://www.plasticjersey.com/or approved equal). Contractor shall provide corner pieces and continuous longitudinal protection for pedestrians. Contractor shall install reflectors on the barriers. Contractor shall move barriers as needed for each stage of construction. Water-filled barriers may be relocated to subsequent stages of construction after the current stage is completed.
iv. Each barrier section shall have the capability of interlocking with other barrier sections when installed in a row through the use of independent clevis devices at the top of the barrier and a built-in male/female coupling at the bottom of the barrier. Each barrier section shall have ports for ground mounting.
v. Each barrier section shall have 2 drain plugs located on opposite sides of the barrier to ensure the separation of workers from traffic when draining barrier sections.
vi. Each barrier section shall have forklift holes to allow fully filled sections to be lifted and relocated.
vii. Barrier sections shall be colored either orange or white. When installed in a row, the sequence of colors shall be 4 white, 1 orange unless otherwise specified in the drawings.
e) Other Traffic Control Devices: The project will include portable changeable message signs, concrete barriers or water-filled barriers, temporary pedestrian bridges, business directional signs, and other devices per the Contractor's approved TC&PBAC Plans.

2.3 TEMPORARY STEEL PLATES
a) A. When approved by the Engineer, the Contractor may use steel plate bridging in-lieu of backfill and temporary asphalt where the roadway surface is to be opened to traffic. All steel plates shall be without deformation. Inspectors shall determine the trueness of steel plates by using a straight edge and shall reject any plate that is permanently deformed.
b) B. Trench plates shall be coated with Antiskid type surface meeting State Standard Specifications of a nominal Coefficient of friction of 0.35 in accordance with California Test Method 342.

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c) The following table shows the advisory minimal thickness of steel plate bridging required for a given trench width (A-36 grade steel, designed for HS20-44 truck loading per Caltrans Bridge Design Specifications Manual).

i. Max Trench Width Minimum Steel Plate
Thickness (inches)
ii. 10 inches 1/2
iii. 1 feet 10 inches 3/4
iv. 2 feet 6 inches 7/8
v. 3 feet 4 inches 1
vi. 4 feet 1 inches 1-3/4
vii. NOTE: For trench width spans greater than 4 feet 1 inches, a structural design shall be prepared, signed, and stamped by a California Registered Civil Engineer.

PART 3 - EXECUTION

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3.1 DIVERTING & PEDESTRIAN TRAFFIC
a) Whenever construction operations obstruct the flow of pedestrian & bicycle traffic or present a hazard to pedestrians & cyclists, the Contractor shall take appropriate action to protect and separate pedestrians & cyclists from the work area and to direct pedestrians & cyclists to alternate routes.
b) Such action to protect pedestrians & cyclists may include placement of barricades between pedestrians & bicycles and the work areas, placement of warning signs, and provision of personnel as required to protect pedestrians & cyclists as conditions warrant.
c) Pedestrians and bicyclists will be protected at all times, 24 hours per day and seven days per week.

3.2 DIVERTING VEHICULAR TRAFFIC
a) Whenever construction operations obstruct the flow of vehicular traffic or present a hazard to vehicles operating in the vicinity of construction operations, the Contractor shall take appropriate action to warn, detour and otherwise protect approaching drivers and vehicles.

3.3 TRAFFIC CONTROL DEVICES
a) General:
i. Provide traffic control devices in sufficient quantities and types as required to provide safe and adequate traffic control.
ii. During hours of darkness approved lights shall be included, in proper working order, to illuminate signs and hazards and alert approaching traffic.
iii. Provide and maintain barricades along all open trenches in contact with traffic.
iv. No work may begin on any day or at any time before traffic control devices have been placed, test driven and adjusted.
b) Placement:
i. Place all traffic control devices in accordance with the Standard Plans and Specifications, the CAMUTCD, and approved TC & PBAC Plans.
ii. Adjust locations of devices to suit the conditions and circumstances of each detour situation. In all cases, place signs to most effectively convey their messages to approaching traffic. iii. The Contractor shall adjust and revise all traffic control devices if determined to be required by the City or Police Department.

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iv. The Contractor shall provide additional traffic control devices if required to maintain the safe flow of traffic through construction operation.
c) Maintenance of Devices: The Contractor shall maintain all traffic control devices, at proper locations, and in proper working order, at all times during construction operations and whenever a hazard resulting from Contractor's operations exists. The Contractor shall adjust and revise traffic control devices, placement, etc., to suit changing conditions around construction operations.
d) Removal of Devices: Traffic control devices shall remain in place at all times required to alert approaching traffic of upcoming hazards. After hazard has been removed, remove all traffic control devices. Remove signs or completely cover their messages.

3.4 SIGNAGE
a) All construction signs and other warning devices shall be provided by the Contractor and shall become the Contractor’s property after completion of the Contract. The Contractor shall refer to the current “Manual of Warning Signs, Lights and Devices for use in the Performance of Work Upon Highways” and the “Uniform Sign Chart” issued by the Department of Transportation, Division of Operations.
b) Signage shall not block any driveway or access to private/public properties owners at any time, unless instructed by the Engineer. c) If the Contractor fails to provide, is neglectful of or negligent in furnishing and maintaining warning and protective facilities and personnel as herein provided within eight (8) hours of being notified by the Engineer of the need for such, the City may furnish and maintain such facilities and personnel. In this event, the City may charge the Contractor therefore by deducting the cost of such facilities and personnel from progress payments due to the Contractor as such costs are incurred by the City.

3.5 FLAGGERS
a) General: The Contractor shall employ flaggers: As required for each specific detour.
i. At all locations on a construction site where barricades and warning signs cannot control the moving traffic.
ii. Flag persons shall be properly equipped and trained in accordance with “Instructions to Flagmen,” published by the California Department of Transportation.
iii. Flaggers and all personnel working near traffic shall wear hardhats, orange/red, or State approved fluorescent green vests or shirts.
iv. Flaggers shall guide traffic with an appropriate stop/slow sign.

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b) Placement: Where flaggers are required, they shall be logically placed in relation to the equipment or operation so as to give adequate warning and shall be placed in accordance with the Standard Plans and Specifications, the CAMUTCD, and the approved TC & PBAC Plan.
c) Warning Signs:
i. Place warning signs ahead of the flagger in accordance with the Standard Plans and Specifications, the CAMUTCD, and the approved TC&PBAC Plans. The distance between signs and the flagger shall be based on the posted traffic approach speed. ii. During hours of darkness, illuminate flagger stations such that the flagger will be clearly visible to approaching traffic. Lights for illuminating the flagger station shall comply with the Standard Plans and Specifications, the CAMUTCD, and the approved TC & PBAC Plans.
d) Equipment:
i. Provide flaggers with high-visibility safety apparel in accordance with the Standard Plans and Specifications, and the CAMUTCD at all times. Provide flaggers with hand signs in accordance with the Standard Plans and Specifications, and the CAMUTCD.
ii. Provide flaggers with two-way radios for communication when necessary. Red flags shall only be used for traffic control in emergency situations.
e) The Contractor shall comply with flagging, traffic handling equipment, and device requirements of Section 12, “Temporary Traffic Control,” of the State Standard Specifications with the exception of Section 12-1.04, “Payment”.
f) Flaggers and all personnel working near traffic shall wear hardhats, orange/red, or State approved fluorescent green vests or shirts. g) Flaggers shall guide traffic with an appropriate stop/slow sign.

3.6 NOTICE TO AGENCIES
a) The Contractor shall notify in writing all agencies having jurisdiction at least 48 hours, excluding holidays and weekends, prior to instituting any lane closure or detour. At the end of each day's work, the Contractor shall inform the ambulance services, police and fire departments of the status of all detours and/or lane or road closures that will be in effect on the next day.
b) List of Agencies/Adjacent Properties:
i. U.S. Postal Service
ii. Caltrans

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iii. School District Transportation Office, as appropriate iv. VTA for bus services

v. City of Milpitas:

I. Fire Department
II. Police Department
III. Public Works Department - Engineering Departments

3.7 TEMPORARY HMA

a) If the transition taper will be overlaid with HMA that is not placed before opening to traffic and there is a grade difference of more than 0.004 foot, construct a temporary taper by placing HMA that complies with section 39-2.07. Remove the temporary HMA taper before constructing the transition taper.

b) If you do not complete placing the HMA surfacing before opening the area to traffic, you must:

i. Construct a temporary HMA taper to the level of the existing pavement.

ii. Place HMA during the next work shift.

iii. Submit a corrective action plan that shows you will complete cold planning and placement of HMA in the same work shift. Do not restart cold planning activities until the corrective action plan is authorized.

3.8 OPERATION OF CONSTRUCTION VEHICLES AND EQUIPMENT

a) Construction Traffic and Vehicles: All inbound and outbound construction related traffic to and from the Site is restricted to public street(s) immediately adjacent to the Site.

b) Construction Parking: Construction vehicles and equipment parking is restricted to areas within the Site and other areas as determined by the City.

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c) Most City streets within Milpitas have a 4-ton weight limit. A Truck Route/Haul Route Plan approved by the City is required for use of overweight equipment within the City of Milpitas. Refer to Appendix "A" or the City's Webpage for the City's approved Truck Route Map. d) The Contractor is advised that ALL Vehicle Code regulations apply to construction equipment in operation on this project, and the City will enforce all Vehicle Code regulations with respect to use of construction equipment operating on City Streets and Public Rights of Way. i. Extralegal Loads - Equipment over 8'6" wide, 14' tall, and 80,000 pounds gross or over on axle weights. A City of Milpitas Transportation Permit is required for extralegal loads (oversize and overweight). It contains a specific route of travel for that single load. A Haul Route would be for major on-haul/off-hauls of material that bring in a large number of trucks at one time. Refer to the Appendix "A" for a copy of the City of Milpitas
Transportation Permit. The Permit shall have been issued, and shall be in possession when operating such vehicles within the City of Milpitas. Drivers shall maintain strict adherence to the routes specified on the City approved Haul Route.
ii. Special Equipment (SE) Plates & Slow Moving Vehicle Emblems - Refer to Appendix "A" and the Vehicle Code for more information.

All non-street legal construction equipment operating on a City Street or right-of-way shall display a Special Equipment (SE) plate when operating outside of the work zone, or traffic control cone zone.
iii. Load Regulations - Contractors are cautioned to ensure proper loading and on haul/off-haul procedures are followed.

I. Vehicles shall not be loaded to overweight
II. Off-haul loads for disposal or recycling shall be covered III. All loads shall be properly secured with the correct number of tie-downs or chains
IV. All vehicles leaving the construction site shall be clean. No material or debris shall be on the vehicle body or stuck to its tires.

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3.9 BUS STOPS
a) Contractor is responsible for maintaining continuous service to all bus stops.
b) The Contractor shall coordinate with the Valley Transportation Authority (VTA) when the Work is at or near the Bus Stop. The work shall not impede or close a bus stop unless coordinated first with VTA. The Work shall not cause unsafe conditions for bus riders or cause buses to release riders in the street or within the construction zone.
c) As the first order of work, Contractor to meet with the VTA, and will submit for approval an exhibit indicating the relocation of bus stop. Sketch to include temporary bench and sign to be installed.

3.10 EMERGENCY VEHICLE ACCESS THROUGH DETOURS
a) During construction in or adjacent to roadways in the project site, maintain at least one lane open in each direction of the road to allow emergency vehicle access for police, fire, and ambulance to the project vicinity.
b) During all detours and/or street closures provide for 10' wide clear for movement of emergency vehicles through the work area.
c) When temporary traffic control is performed by flaggers, they shall be instructed to give immediate passage to emergency vehicles with active lights or sirens.
d) It is essential that the Contractor's work and equipment do not impede ingress and egress from any fire or police station, or hospital, to other areas of their service area.

3.11 ACCESS TO PRIVATE PROPERTY
a) General: Schedule operations to minimize disruption of access to private property.
b) Notice to Residents: Prior to blocking access to any private driveway or parking lot entrance, or impacting parking, notify the resident or business owner or tenant of pending closure and allow resident to remove vehicles. c) Nights: During non-working hours no driveway, house, or parking lot shall be denied access to a public roadway.

B. DETOURS DURING NON-WORKING HOURS
a) General: The Contractor shall not be permitted to maintain any lane closure or road closure during non-working hours without first obtaining written approval of the Engineer.
b) Restoration of Pavement:

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i. During non-working hours restore travel lanes to their original alignment and configuration by means of backfilling and temporary pavement or bridging in accordance with City Standards and approved by the City.
ii. Place warning signs conforming to the Standard Plans and Specifications, and the CAMUTCD at uneven temporary
pavement or bridging.

3.12 PUBLIC CONVENIENCE AND SAFETY
a) The Contractor shall conduct his operations as to cause the least possible obstruction and inconvenience and maximum safety to both vehicular and pedestrian traffic.
b) The Contractor shall bear full responsibility for maintaining all traffic control include, but not limited to, signage, equipment and devices and maintaining traffic circulation at all times during the Work. c) It is imperative that field traffic control be handled in such a manner as to adequately and safely direct all traffic movements in the construction area. The Contractor shall not be allowed to proceed with construction at any time when traffic control measures are inadequate to the field conditions, in the opinion of the Engineer. Additional traffic control measures may be required according to field conditions at the Contractor’s expense.
d) At their own expense, whenever the Contractor’s operations creates a condition potentially hazardous to the public or traffic, the Contractor shall furnish additional traffic control measures and devices by any means necessary to provide adequate warning to the public of any dangerous conditions to be encountered.
e) Contractor shall maintain an accessible corridor that provides at least one safe path of travel for all pedestrians at all times for the duration of the project. If any phase of the work obstructs an existing route, a detour must be provided.
f) Public streets and sidewalks shall be immediately vacated and returned to public use when the use thereof is no longer necessary for the construction work.
g) There shall be no period in which signs that are to be replaced or relocated are not displayed to the public. The Contractor shall install temporary signs and posts prior to removal, replacement, or relocation of existing signs to notify road users of regulations and provide warning and guidance needed for the uniform and efficient operation of all elements of the traffic stream in a manner intended to minimize the occurrences of crashes. Temporary signs shall follow CA MUTCD guidelines and shall be approved by the Engineer prior to installation.

3.13 SIDEWALKS, DRIVEWAYS, AND ADA RAMPS

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a) PARKING RESTRICTIONS
i. Post approved "NO PARKING – CONSTRUCTION TOW-AWAY
ZONE" signs at all locations necessary to establish work areas and detour traffic. Obtain City permission for all parking stalls closed or impacted.
ii. Signs: Signs shall read: "NO PARKING - CONSTRUCTION TOW- AWAY ZONE". Signs shall be placed at least 72 hours in advance of restriction.

3.14 TRENCH PLATES AND EXCAVATIONS
a) General: Install Trench Plates across all trenches and excavations in existing streets and at driveways when work is not in progress. Trench plates shall be in accordance with the Standard Plans and Specifications and the CAMUTCD and approved by the City.
b) Design of Trench Plates:
i. Bridging for vehicular traffic shall be of sufficient width to accommodate the required number of travel lanes.
ii. Trench plates shall be designed to support H-20 vehicular traffic. iii. All bridging or trench plates shall be set flush with travel surface. c) Embed trench plates flush with the adjacent asphalt. d) No trench or holes shall be left open overnight. Use steel plates to protect open trenches overnight.

C. Temporary steel plate bridging
a) When backfilling operations of a transverse or longitudinal excavation in the roadway cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring shall be required to preserve unobstructed traffic and pedestrian flow. In such cases, the following conditions shall apply:
i. Steel plates used for bridging must extend a minimum of 12- inches beyond the edges of the trench.
ii. Steel plate bridging shall be flush with the roadway, and installed to operate with minimum noise or movement.
iii. The trench shall be adequately shored to support the bridging and traffic loads.
iv. Temporary paving with cold asphalt concrete shall be used to feather the edges of the plates, if plate installation by Method 2 described below, is used.

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v. Bridging shall be secured against displacement by using adjustable cleats, shims, or other devices.
b) The Contractor is responsible for maintenance of the steel plates, shoring, asphalt concrete ramps, and ensuring that they meet minimum specifications.
c) Steel plate bridging and shoring shall be installed using either Method 1 or 2:
i. Method 1 – For speeds of 45 MPH or greater:

The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway by a minimum of 2 dowels pre-drilled into the corners of the plate and drilled 2-inches into the pavement.

Subsequent plates are to be butted and tack welded to each other.

ii. Method 2 – For speeds less than 45 MPH:

Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway by a minimum of 2 dowels pre-drilled into the corners of the plate and drilled 2-in into the pavement. Subsequent plates are to be butted and tack welded to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 5 percent with a minimum 12-inch taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement shall be backfilled with either graded fines of asphalt concrete mix, concrete slurry, epoxy or an equivalent that is satisfactory to the Engineer.

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3.15 TEMPORARY TRAFFIC LANES
a) Temporary traffic lanes shall be at least 10 feet wide, one lane open in each direction. Provide an additional 2 feet of clearance from curbs. The length of temporary lanes should be limited to the area under construction and the distance necessary to divert traffic in accordance with the Standard Plans and Specifications, the CAMUTCD, and the approved TC&PBAC Plans.
b) Turn lanes shall not be impacted without approval from the City.

3.16 TEMPORARY PAVEMENT DELINEATION
a) Temporary pavement delineation shall be furnished, placed, maintained, and removed in accordance with the provisions in Section 12-3, “Temporary Traffic Control Devices,” of the State Standard Specifications and these Technical Provisions. Nothing in these Technical Provisions shall be construed as to reduce the minimum standards specified in the Manual of Traffic Controls published by the Department of Transportation. b) Whenever the work causes obliteration of any or all of the pavement delineation, temporary or permanent delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline and limit line (e.g. stop bars or crosswalks) pavement delineation shall be provided at all times for traveled ways open to public traffic.
c) All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. Surfaces to receive temporary pavement delineation shall be dry and free of dirt or loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until replaced with a new pattern of temporary pavement delineation or permanent pavement delineation.
d) Temporary pavement markers and removable traffic type tape which conflicts with a new traffic pattern or which is applied to the final layer of surfacing or existing pavement to remain in place shall be removed when no longer required for the direction of public traffic, as determined by the Engineer.
e) Whenever lane lines and centerlines are obliterated, the minimum lane line and centerline delineation to be provided shall be temporary reflective raised pavement markers placed at longitudinal intervals of not more than 24 feet. The temporary reflective raised pavement markers shall be the same color as the lane line or centerline markers replaced. f) Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer’s instructions and shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required

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

E. STAGING AREAS
a) Provide staging areas for materials and equipment. Prior to the pre- construction meeting Contractor will provide a map exhibit of the proposed staging area as a formal submittal to the City. Water Pollution Control will be required at off-site staging areas.
b) The Contractor shall not phase the work to block vehicular access to an entire neighborhood at the same time. The Contractor shall allow for residents to have the option of parking no more than one block away while their street is being worked on.
c) If temporary closure of driveways is necessary to perform the work, the Contractor shall not stage the work to prohibit vehicular access to driveways for more than 4 hours.

3.17 VIOLATION OF WORKING TIME LIMIT & LATE PICK-UP TRAFFIC CONTROL a) A violation of the working time limitations for traffic control (late pick-up of controls) as set forth in these Contract Documents may result in the Engineer to issue a written notice to Stop Work. The Stop Work shall be imposed on the Contractor at the start of the next or following working day after issuance of the Stop Work. The Stop Work will not be lifted, and the Contractor shall not resume work until after the Contractor assures the Engineer, in writing, that there will not be a reoccurrence of the working time violation and provides a plan for how operations will be conducted in the future to prevent such violation.
b) Further violations shall result in the Engineer to notify the Contractor in writing that there will be a price reduction charge for each incident in accordance with the following table. This incident price reduction charge may be deducted from any money due the Contractor. This price reduction will not be considered a penalty but will be a price reduction for failure to perform traffic control in compliance with these Contract Documents.
c) An incident is defined as any violation up to 30 minutes in duration. Each 30 minutes or increment thereof will be considered as an incident. A price reduction will be assessed for each successive or cumulative 30 minute period in violation of the working time limitations, as determined by the Engineer. The price reduction for each incident will increase at a progressive rate starting with $150 for the second incident and increasing to $1,200 for the fifth and subsequent incidents in accordance with the following schedule.

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d) A 15-minute grace period will be allowed at the beginning of the second incident on the project before the price reduction is applied. This 15- minute grace period applies only to the second incident. The number of incident charges will be accumulative throughout the duration of the Contract.

END OF SECTION

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CONSTRUCTION AND POST CONSTRUCTION)

E-04 MONUMENT REFERENCING (INCL. PRE-CONSTRUCTION AND POST

CONSTRUCTION)
PART 1 – GENERAL

1.1 OBJECTIVES
a) Survey Monuments: Protect survey monuments on and off the highway.

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

MONUMENT PROTECTION
b) Preservation: Existing Monuments must be preserved, in accordance with State Business & Professions Code section 8771. Do not disturb survey monuments that may/may not be shown on the plans including railroad spikes, brass tacks, nails or other markers set by surveyors, and advise the City upon discovery of these monuments to determine how they shall be preserved. Exercise caution when working around monuments so as not to disturb them. During milling, grinding, excavation or other operations, work around existing survey monuments unless specifically otherwise indicated on the Plans.
c) Corner Record: All existing survey monuments will be referenced prior to construction and corner record will be submitted to the City and the County Surveyor.
i. To comply with this Section, engage the services of a Licensed Land Surveyor to reference all monuments and file timely Pre- and Post-Construction Corner Records with the City and the County Surveyor.
ii. Referencing monuments requires setting at least two control points out side of the work area, with a bearing and distance measured from each control point to the monument to be
preserved, by a field land survey crew using a total station survey equipment, or approved equal, under the direction of California Licensed Land Surveyor.
iii. Prepare corner record, submit corner record to the City and the County Surveyor.
iv. Obtain from the County Surveyor and submit to the City and/or County written acceptance of the required Pre-Construction Corner Records before construction commences on the project

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CONSTRUCTION AND POST CONSTRUCTION)

d) Discovery & Notification: Contractor will review the site thoroughly to identify monuments in the work area. If existing survey monuments are encountered in the area of work which are not shown on the plans, Contractor will notify City and/or County immediately. Contractor will not proceed with work near the survey monument until the Contractor’s Licensed Land Surveyor has established reference points to preserve the location of the monument, in accordance with State Business & Professions Code section 8771.
e) Record of Survey and Replacement: If a monument is disturbed or damaged during adjusting, milling or other operations, the Contractor shall be responsible for all costs associated with the reestablishment of the monument including but not limited to surveying performed by a Licensed Surveyor and filing documents with City and/or County and constructing the new monument. A Record of Survey must be submitted to the City and the County Surveyor for review and approval. Conform to City and County requirements for installation of new monuments. f) AutoCAD: Provide the City with an AutoCAD DWG file for the monument survey.

1.2 REFERENCES
a) Standard Plans and Specifications, California Department of Transportation, latest edition.

1.3 MEASUREMENT AND PAYMENT
a) The contract Lump Sum price paid for “Monument Referencing (Incl.

Pre-Construction and Post-Construction)” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in monument referencing (pre-construction) and monument referencing (post-construction), submitting corner records with Santa Clara County, paying fees, providing drawings, complete in place, as shown in plans, as specified in these Special Provisions, and as directed by the Engineer.
b) Full compensation for work involved in the relocation of existing utility facilities due to interference or conflicts with work, in maintaining the minimum vertical or horizontal clearances, or in the reconnection of existing facilities to new facilities including providing necessary tools, materials, equipment and coordination shall be considered as included in the contract prices paid for various items of work involved, and no additional compensation shall be allowed.

PART 2 – (NOT USED)
PART 3 – (NOT USED)

END OF SECTION

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E-05 WATER POLLUTION CONTROL PROGRAM
PART 1 – GENERAL

1.1 SUMMARY
a) In compliance with the State and Federal regulations on construction storm water management and urban runoff pollution control, no pollutants will be allowed to enter the storm drainage system. The Contractor shall exercise every reasonable precaution to protect storm drains, inlets, drainage swales, streams, lakes, reservoirs, bays, and coastal waters from pollution with fuels, oils, bitumen’s, calcium chloride and other harmful materials and shall conduct and schedule operations so as to avoid or minimize muddying and silting of streams, lakes, reservoirs, bays and coastal waters. Care shall be exercised to preserve roadside vegetation beyond the limits of construction.

1.2 DEFINITIONS
a) Active area: Area where soil-disturbing work activities have occurred at least once within 15 days.
b) Construction phase: Phase that includes (1) the highway construction phase for building roads and structures, (2) the plant establishment, permanent erosion control establishment, and maintenance phase for placing vegetation for final stabilization, and (3) the suspension phase for suspension of work activities or a winter shutdown. The construction phase starts at the start of job site activities and ends at Contract acceptance. c) Inactive area: Area where soil-disturbing work activities have not occurred within 15 days. d) Qualifying rain event: Storm that produces at least 0.5 inch of precipitation with a 48-hour or greater period between rain events.
e) Run-on: Water that originates off-site and flows onto the job site. f) Storm event: storm that produces or is forecasted to produce at least 0.10 inch of precipitation within a 24-hour period.

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1.3 OBJECTIVES
a) If the WPCP measures being taken by the Contractor are inadequate to control water pollution effectively, the Engineer may direct the Contractor to revise the operations and the water pollution control program. The directions will be in writing and will specify the items of work for which the Contractor's water pollution control measures are inadequate.

No further work shall be performed on those items until the water pollution control measures are adequate as may be determined by the Engineer. b) The City will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised water pollution control program, nor for any delays to the work due to the Contractor's failure to submit an acceptable water pollution control program.
c) The Contractor may request the Engineer to waive the requirement for submission of a written WPCP program for control of water pollution when the nature of the Contractor's operation is such that erosion is not likely to occur. Waiver of this requirement will not relieve the Contractor from responsibility for compliance with the other provisions of this section or local, State or Federal laws pertaining to water quality. Waiver of the requirement for a written program for control of water pollution will not preclude requiring submittal of a written WPCP program at a later time if the Engineer deems it necessary because of the effect of the Contractor's operations. The Contractor shall be responsible for briefing and assuring that all his subcontractors comply with Urban Runoff Pollution Prevention requirements including the installation and Best Management Practices. The Contractor is advised that stop work notices and other penalties may be issued for noncompliance with storm water pollution discharge control requirements. d) Unless otherwise approved by the Engineer in writing, the Contractor shall not expose a total area of erodible earth material, which may cause water pollution, exceeding one acre for each separate location, operation or spread of equipment before either temporary or permanent erosion control measures are accomplished.
e) Where erosion, causing water pollution is probable due to the nature of the material or the season of the year, the Contractor's operations shall be so scheduled that permanent erosion control features will be installed concurrently with or immediately following grading operations.
f) Nothing in the terms of the contract nor in the provisions in this shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, and all other applicable statutes relating to prevention or abatement of water pollution.
g) When borrow material is obtained from other than commercially operated sources, erosion of the borrow site during and after completion of the work shall not result in water pollution.

The material source shall be finished, where practicable, so that water will not collect or stand therein.
h) The requirements of this section shall apply to all work performed under the contract and to all non-commercially operated borrow or disposal sites used for the project. i) The Contractor shall also conform to the following provisions:

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i. Where working areas encroach on live streams, barriers adequate to prevent the flow of muddy water into streams shall be constructed and maintained between working areas and streams, and during construction of the barriers, muddying of streams shall be held to a minimum.
ii. Removal of material from beneath a flowing stream shall not commence until adequate means, such as a bypass channel, are provided to carry the stream free from mud or silt around the removal operations.
iii. Should the Contractor's operations require transportation of materials across live streams, the operations shall be conducted without muddying the stream.

Mechanized equipment shall not be operated in the stream channels of the live streams except as may be necessary to construct crossings or barriers and fills at channel changes.
iv. Water containing mud or silt from aggregate washing or other operations shall be treated by filtration, or retention in a settling pond, or ponds, adequate to prevent muddy water from entering live streams.
v. Oily or greasy substances originating from the Contractor's operations shall not be allowed to enter or be placed where they will later enter a live stream. vi. Portland cement or fresh Portland cement concrete shall not be allowed to enter flowing water of streams.
vii. When operations are completed, the flow of streams shall be returned as nearly as possible to a meandering thread without creating possible future bank erosion, and settling pond sites shall be graded so they will drain and will blend in with the surrounding terrain.
viii. Material derived from roadway work shall not be deposited in a live stream channel where it could be washed away by high stream flows.
ix. Where there is possible migration of anadromous fish in streams affected by construction on the project, the Contractor shall conduct work operations so as to allow free passage of the migratory fish.
x. In the process of constructing this project, the Contractor shall comply with all requirements, conditions, recommendations, and provisions of all permits issued for this project. The Contractor shall also comply with all local, State, and Federal laws or requirements related to storm water quality and urban runoff management. xi. All de-watering operations in conformance with these Contract Documents must be reviewed and approved by the Engineer in writing prior to commencement. j) Compliance with the provisions in this section shall in no way relieve the Contractor from the responsibility to comply with the other provisions of the contract, in particular the responsibility for damage and for preservation of property. k) Street Sweeping:

The Contractor shall at the end of each working day, or as directed by the Engineer, clean and sweep all roadways, sidewalks, gutters, and paved areas within the project site of all materials deposited by, attributed to, or involved in the work. Water shall not be used to wash down streets in place of sweeping.

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l) Waste Disposal:

The Contractor shall at the end of each working day, collect and properly dispose of all scrap, debris, and waste material. Hazardous material disposal shall be done in accordance will all local, state, and federal laws.
m) Hazardous Material Storage:
xii. The Contractor shall label and store all hazardous materials, such as pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, such as waste oil and antifreeze; in accordance with all applicable State and Federal regulations. xiii. The Contractor shall store all hazardous materials and all hazardous wastes in accordance with secondary containment regulations, and it is recommended that these materials and wastes be covered, as needed, to avoid potential management of collected rain water as a hazardous waste.
xiv. The Contractor shall keep an accurate, up-to-date inventory, including Material Safety Data Sheets (MSDSs), of hazardous materials and hazardous wastes stored on-site, to assist emergency response personnel in the event of a hazardous materials incident.
n) Use of Pesticides:
i. The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies which govern the use of pesticides required in the performance of the work on the contract.

ii. Pesticides shall include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants and repellents.

iii. Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, rodents, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide.

1.4 SUBMITTALS
A. Within 48 hours after (1) the end of a storm event resulting in a discharge, (2) a nonstormwater discharge, or (3) receiving a written notice or an order from the R egional Water Quality Control Board or another regulatory agency, submit the following information:

1. Date, time, location, and nature of the activity and the cause of the discharge, notice, or order

2. Type and quantity of the discharge

3. WPC practices in use before the discharge or before receiving the notice or order

4. Description of WPC practices and corrective actions taken to manage the discharge or cause of the notice.

B. The Contractor shall submit three (3) copies of the Water Pollution Control Program (WPCP) to the Engineer within fifteen (15) calendar days after Notice of Award. No construction work shall begin on the project until the Contractor receives written notif ication from the Engineer that the WPCP is acceptable.

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C. Water pollution control work is intended to provide prevention, control and abatement of water pollution to streams, waterways and other bodies of water, and shall consist of constructing those facilities which may be shown on the plans, specified herein or in the special provisions, or directed by the Engineer.

D. In order to provide effective and continuous control of water pollution it may be necessary for the Contractor to perform the contract work in small or multiple units, on an out of phase schedule, and with modified construction procedures. The Contractor shall provide temporary water pollution control measures, including but not limited to, dikes, basins, ditches, and applying straw and seed, which become necessary as a result of the Contractor's operations. The Contractor shall coordinate water pollution control work with all other work done on the contract.

E. Before starting any work on the project, the Contractor shall submit a plan to control water pollution effectively during construction of the project Water Pollution Control Program (WPCP). The plan shall show the schedule for the erosion control work included in the contract and for all water pollution control measures which the Contractor proposes to take in connection with construction of the project to minimize the effects of the operations upon adjacent streams and other bodies of water. The Contractor shall not perform any clearing and grubbing or earthwork on the project, other than that specifically authorized in writing by the Engineer, until the WPCP program has been accepted.

1.5 MEASUREMENT & PAYMENT:
a) The contract Lump Sum price paid for “ Water Pollution Control Program ” includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in the preparation of and maintenance of the Water Pollution Control Program (WPCP) for the site and for implementation of the WPCP, complete in place, as specified in these Technical provisions, and no additional compensation will be allowed.

Payment of the lump sum price for “Water Pollution Control Program” shall be made as follows:

1. A maximum of 10% of the lump sum price for Water Pollution Control Program shall be paid to the Contractor upon City’s acceptance of the Water Pollution Control Program (WPCP).

2. A maximum of 20% of the lump sum price for “Water Pollution Control Program” shall be paid to the Contractor upon installation of the initial water pollution control measures for the entire project. The remaining amount shall be prorated until all of the water pollution control measures are installed.

PART 2 - (NOT USED)

END OF SECTION

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E-06 SLURRY SEAL
PART 1 – GENERAL

1.1 SUMMARY
a) Slurry seal shall be a Polymer Modified Fiberized TYPE II conforming to these Special Provisions.
b) Polymer Modified Fiberized slurry shall consist of mixing a polymer modified cationic quickset emulsion, glass fibers, aggregate, mineral filler, set-control additives, and water and spreading the mixture on a pavement surface where shown on the plans, in conformance with the provisions in these special provisions, and as directed by the Engineer.

1.2 SUBMITTALS
a) The Contractor shall provide a Certificate of Compliance for used under this Section in conformance with the requirements of the Contract Documents. b) The fibers shall be added by means of automatic injection into the slurry pug-mill at a consistent length and application rate which is adjustable to meet the approval of the Engineer.
c) Contractor shall provide the City Engineer with certified weight tickets furnished at the time of delivery to the inspector in the field.

1.3 MEASUREMENT & PAYMENT
a) The contract price paid per Square Yard for “Type II – Fiberized Slurry Seal With Crack Seal” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing the slurry, complete in place, including testing for the furnished mix design, cleaning/preparing the surface, weed removal and sterilization, crack sealing, furnishing added water and set-control additives, mixing water with asphalt emulsion for coating the pavement, finishing operations, protecting the slurry until it has set, and additional sweepings all as shown on the plans, and as specified in these special provisions, and as directed by the engineer and no additional compensation will be allowed therefore. Full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work in this section shall be considered as included in the contract unit price for various items of work and no additional compensation will be allowed therefore.

PART 2 – PRODUCT
The material for fiberized slurry shall conform to the following requirements:

2.1 Fiberized Emulsion
The asphalt emulsion for fiberized shall be a polymer modified cationic quickset (PMCQS -1h), shall be homogenous and shall conform to the provisions of these special provisions. The polymer shall be milled or blended into the asphalt or blended into the em ulsifier solution prior to the

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emulsification process. Polymer solids must be a minimum of 3.0 % by weight of the emulsion’s residual asphalt. Provide a certificate of compliance certifying the amount of polymer.

The PMCQS -1h emulsion shall conform to the following requirements when tested in conformance with the following test methods:

Polymer Modified, Cationic Quickset Emulsion
Specification Designation Test
Method
Requirement
Viscosity SSF @ 77°F
(25°C)
AASHTO
T 59
15-90 Seconds
Sieve, max. AASHTO
T 59

0.30 Percent
Settlement, 5 days, max.* ASTM D
244
5 Percent
Residue by Evaporation,
min.

AASHTO
T59
62 Percent
*Waived if to be used within
48 hours of manufacture.

Specification Designation for Residue
Specification
Designation
Test
Method
Requirement
Penetration @
77°F (25°C),
100g, 5s ,0.1mm
AASHTO
T 51
40-90
Softening Point
°F (°C) min.

AASHTO
T 53
135 (57)
Torsional
Recovery min.

California
Test 332
20 The polymer used in the slurry seal shall be compatible with the polymer used in the polymer modified asphalt rubber chip seal used for this project.

Paint Binder (Tack Coat) - Liquid emulsion SS -1 shall be in conformance with Section 94, “Asphaltic Emulsions”, of the State Standard Specifications. No fog seal will be required.

Crack Seal per requirements of section E-21, Crack Seal.

2.2 Fiber
The fiber used in the fiberized slurry shall be RoadChem Fiber 1 or equivalent chemical resistant glass fiber meeting the following specifications. It shall be cut to 3/8 +/- 1/8 inch in length prior to adding to the PMCQS-1h emulsion. The fiber shall be added at a rate of 0.15 % - 0.40% by dry weight of aggregate for bottom lifts and 0.05 % - 0.30 % by dry weight of aggregate for surface lifts. The fiber shall meet the following requirements:

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Alkali and Acid Resistant Glass Fiber
Linear Weight
of Roving (tex)
ISO 1889
Linear Weight
of Strand (tex)
ISO 1889
Moisture
Content (%)
ISO 3344

Specific
Gravity

Softening
Point (ºC)

Tensile
Strength
(MPa)
2500 min. 82 min. 0.35 max. 2.68 g/cm3 860
min.
1700
min.
4800 min. 100 min.

2.3 Water and Additives
The water shall be potable and free of harmful soluble salts or reactive chemicals and other contaminants. If necessary for workability, a set-control agent may be used and must be included as part of the mix design and be compatible with the other components of the mix.

2.4 Mineral Filler
Mineral filler shall be Portland cement or hydrated lime that is free of lumps. The type of mineral filler shall be determined by the Contractor based on laboratory mix designs and will be considered part of the aggregate gradation.

2.5 Aggregate
The aggregate for slurry seal shall be Type II, 100% crushed with no rounded particles, volcanic in origin and black in color. The use of gray or light -colored aggregate will not be allowed. The aggregate used shall be of the type and grade specified for the particular use of the fiberized slurry. 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.

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.

The percentage composition by weight of the aggregate (including mineral filler) shall conform to the following grading requirements when tested in conformance with AASHTO T 27 and AASHTO T 11:

Type II
Sieve
Size
Percentage Passing
3/8" 100
No. 4 94-100
No. 8 65-90
No. 16 40-70
No. 30 25-50

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No. 200 5-15

The aggregate (excluding mineral filler) shall conform to the following quality requirements:

Test

Test Method

Requirements

Sand Equivalent (Min.)

AASHTO T 176

65 Durability Index (Min.)

AASHTO T 210

60 Percentage of Crushed
Particles (Min.)

ASTM D 5821

100%

Loss Angeles Rattler

AASHTO T 96

35%
Loss at 500 Rev.
(Max.)1
Notes: 1. Los Angeles Rattler shall be performed on the parent aggregate before crushing
If the results of the aggregate grading or Sand Equivalent tests do not meet the specified requirement, the fiberized slurry represented by the test shall be removed and replaced at the Contractor’s expense.

No single aggregate grading or Sand Equivalent test shall represent more than 300 tons or one day’s production, whichever is smaller.

PART 3 - EXECUTION

3.1 MIX DESIGN
At least 7 working days before the fiberized slurry placement commences, the Contractor shall submit for approval of the Engineer a laboratory report of tests and a proposed mix design covering the specific materials proposed for use on the project. Materials delivered to the project shall have a Certificate of Compliance with the approved mix design number. It is the responsibility of the contractor to secure a location for stockpiling of screenings. The City may assist with providing a City owned location nearby if available.

The percentages of each individual material proposed in the mix design shall be shown in the laboratory report. Individual materials shall be within the following limits:

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Residual Asphalt

5.5% to 10.5% by dry weight of aggregate

Mineral Filler

0.5% to 3% by dry weight of aggregate

Glass Fiber
Top Lift: 0.05% to 0.30% by dry weight of
aggregate Bottom Lift: 0.15% to 0.40% by
dry weight of aggregate

Additive and Water

As needed

Adjustments may be required during construction based on field conditions.

The mix design and aggregate tests shall be performed by a laboratory capable of performing the applicable International Slurry Surfacing Association (ISSA) tests. The proposed fiberized slurry mixture shall conform to the specified requirements when tested in conformance with the following tests:

Test

ISSA Test Method

Requirements

Wet Cohesion
@ 30 Minute (Set)
(Min.) @ 60 Minute
(Traffic) (Min.)

TB*139

12 kg-cm
20 kg-cm

Excess Asphalt

TB*109

540 g/m2
Wet Stripping (Min.) TB* 114 90%
Wet Track Abrasion 6-
day Soak Loss
TB*100 810g/m2

Displacement

Lateral (Max.)
Specific Gravity After
1000 Cycles of 125
TB*147A 5%

2.10 lbs. (56.8 kg)(Max.)
Classification
Compatibility
TB* 144 (AAA, BAA)
11 Grade
Points

Mix Time @ 77°F

TB* 113

Controllable

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(25°C) to 120
Seconds
TB* = Technical Bulletin
The laboratory that performed the tests and designed the mixture shall sign the laboratory report and shall be AMRL certified and/or participate in the AASHTO Proficiency Program. 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, fiber, filler (minimum and maximum), water (minimum and maximum), set control additive, and PMCQS -1h solids content (minimum and maximum) based on the dry weight of aggregate. The laboratory shall report the quantitative effects of moisture content on the unit weight of the aggregate (bulking effect) in conformance wit h 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 12 months.

The component materials used in the mix design shall be representative of the fiberized slurry materials proposed by the Contractor for use on the project.

Once the mix design 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 pro visions of these special provisions. Substituted materials shall not be used until the mix design for those materials has been approved by the Engineer.

The completed mixture, after addition of water and set control agent, if used, shall be such that the fiberized slurry mixture has proper workability. At the expiration of the road closure hours, the fiberized slurry mixture shall be sufficiently cured to support unrestricted traffic.

3.2 PROPORTIONING
Aggregate, mineral filler, PMCQS -1h, fiber, 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 of the mixture, in a manner that will result in a uniform and homogeneous blend.

The aggregate shall be proportioned using a belt feeder operated with an adjustable cut off gate. The height of the gate opening shall be determinable.

The PMCQS -1h shall be proportioned by a positive displacement pump.

Variable rate emulsion pumps, if use d, shall be calibrated and sealed in the pump’s calibrated condition in conformance with the ISSA Inspector’s Manual MA-1 prior to usage.

The delivery rate of aggregate and PMCQS-1h 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 ISSA Inspector’s Manual MA-1 and in conformance with the provisions of these special provisions.

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The aggregate belt feeder shall deliver aggregate to the pug -mill 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 3 runs of at least three tons each. The emulsion pump shall deliver PMCQS-1h to the pug-mill 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 3 runs of at least 300 gallons each. The water pump shall deliver water to the pug-mill 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 3 runs of at least 300 gallons each.

The PMCQS-1h 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 PMCQS - 1h 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 PMCQS-1h and shall be accurate to within 10°F.

The fiber shall be added at a rate of 0.05 to 0.40% by weight of dry aggregate.

The mixer- spreader trucks shall be equipped with a fiber chopper, fiber storage and control systems for injecting fibers into the slurry mix. It shall be capable of providing up to 7 lbs./min. of fiber injection. The chopper shall cut from 3 to 4 bobbins of fiber into 3/8 +/ - 1/8-inch-long pieces and feed them into the aggregate as it enters the inlet hopper. The system shall turn on and off with the main start of the mixer-spreader truck. The system shall be powered by the main hydraulic system of the mixer-spreader truck. The mixer-spreader truck shall be capable of providing 3-5 cu.ft./min. of air from the truck air compressor for nozzle cooling and chopper flushing. The mixe r-spreader truck shall include an enclosure/mounting and feed system for up to 4 bobbins of fiber roving.

The belt delivering the aggregate to the pug-mill shall be equipped with a device to monitor the depth of aggregate being delivered to the pug-mill. The device for monitoring the depth of aggregate shall automatically shut down the power to the aggregate b elt 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 3 seconds will be permitted between sensing and shutdown of the operation.

3.3 MIXING AND SPREADING EQUIPMENT
The fiberized slurry shall be mixed in continuous pug-mill mixers of adequate size and power for the type of fiberized slurry 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 PMCQS -1h, water, aggregate, mineral filler, and set -control additives by volume. Rotating and

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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 w alking alongside the mixer -spreader truck. Slurry application equipment shall be calibrated prior to start of work. Contractor shall notify Engineer 48 hours in advance of the time of scheduled equipment calibration.

Aggregate feeders shall be connected directly to the drive on the emulsion pump. The drive shaft of the aggregate feeder shall be equipped with a revolution counter reading to the nearest one-tenth of a revolution.

In addition to the requirements of Section 5 1.33, “Equipment,” of the Standard Specifications, the identifying number of mixer-spreader trucks shall be at least three inches in height, located on the front and rear of the vehicle.

The fiberized slurry mixture shall be spread by means of a spreader box conforming to the requirements in the “Spreader Box” section of these specifications.

Spreader Box
For Type II fiberized slurry the spreader box shall be capable of spreading a lane width and equipped with a material such as flexible rubber belting on each side and in contact with the pavement. If the spread width is wider than 7.5 feet, a spreader box shall be equipped with a means, such as baffles or reversible motor-driven augers, to uniformly apply slurry on super elevated sections and shoulder slopes. The spreader box shall be equipped with rear flexible strike-off blades making close contact with the pavement and adjustable to various crown shapes in order to apply a uniform slurry. The spreader box shall be equipped with flexible drags attached to the rear and cleaned daily and changed if longitudinal scouring occurs. The spreader box shall be clean and free of excess slurry and/or PMCQS-1h at the start of each work shift.

3.4 PREPARATION FOR PLACEMENT
Before placing the fiberized slurry, the pavement surface shall be cleaned by sweeping, flushing or by other means necessary to remove loose particles of paving, dirt, and other extraneous material. When required, the roadway surface may be fogged with water ahead of the spreader box. The application of the fog spray may be adjusted to suit temperatures, surface texture, humidity, and dryness of pavement.

Surface Preparation. Four weeks prior to seal coat application, the Contractor shall sterilize all areas that show evidence of weed growth with an approved soil sterilant. Contractor is also responsible for trimming any street trees that will obstruct proper equipment operations.

All cracks wider than 1/4 inch in the pavement surface shall be crack sealed with a compatible polymer sealant. Cracks shall be thoroughly cleansed by lancing and blowing with compressed air or other approved method. The surface of the

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sealed crack shall be applied and finished flushed with the surrounding pavement surface.

Holes, depressions, and large cracks wider than 1/2 inch, not marked for pavement repair shall be thoroughly cleansed, tack coated and patched with Minor HMA, 3/8-inch maximum aggregate and compacted.

Prior to applying the seal treatment, the pavement surface shall be cleared of all loose material, oil spots, vegetation, and other objectionable materials or defects within the work area limits. Cleaning may include sweeping with a power broom, a light scuffing with a grinder, or other approved method. If water is used, the pavement surface shall be allowed to dry thoroughly. Manholes, water valves, air relief vaults, monuments, drop inlets and other service entrances shall be protected by a suitable method and restored prior to opening to traffic.

All existing thermoplastic striping, markings, pavement markers, or other surface items shall be removed prior to seal coat application.

A tack coat of asphaltic emulsion shall be applied to all Portland cement concrete surfaces when there is a contract item for the work or when the work is required in these special provisions. The asphaltic emulsion for tack coat shall be grade SS-1, SS-1h, CSS-1 or CSS-1h and shall conform to the provisions in Section 94, “Asphaltic Emulsions,” of the Standard Specifications. The asphaltic emulsion shall be mixed in the proportion of one part of emulsion (which contains up to 43 percent water) to 3 parts w ater. The mixture shall be applied at the approximate rate of 0.04 – 0.08 gal/yd2. When asphaltic emulsion is used as a tack coat, fiberized slurry shall not be placed until the asphaltic emulsion has cured.

3.5 PLACEMENT OF SLURRY
The fiberized slurry mixture shall be uniformly spread on the existing surface within the rate specified without spotting, re-handling or otherwise shifting of the mixture.

The fiberized slurry mixture shall not be placed when the ambient temperature is below 50 °F or during unsuitable weather. Fiberized slurry shall not be placed if rain is imminent or if there is the possibility that there will be freezing temperatures within 24 hours.

Fiberized slurry shall be spread at a rate within the following ranges of pound of dry aggregate per square yard:

Fiberized
Slurry Type

Location

Spread Rate (lbs.
agg./sq.yd.)
Type II Full Traffic Width 16-18
The minimum spread rate is 16 lbs. of dry aggregate per square yard.

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Longitudinal joints shall correspond with the edges of the traffic lanes. The Engineer may permit other patterns of longitudinal joints if the patterns will not adversely affect the quality of the finished product.

Through traffic lanes shall be spread in full lane widths only. Longitudinal joints common to 2 traffic lanes shall be (butt joints) with overlaps not to exceed 3 inches. Building paper shall be placed at the transverse joints to avoid double placement of the fiberized slurry. Other suitable methods to avoid double placement of the fiberized slurry will be allowed. Hand tools shall be available to remove spillage.

The mixture shall be uniform and homogeneous after placing on the surfacing and shall not show separation of the PMCQS -1h and aggregate after setting.

The completed surface shall be of uniform texture and free from ruts, humps, depressions, or irregularities.

Adequate means shall be provided to protect the fiberized slurry from damage by traffic until such time that the mixture has cured sufficiently so that the fiberized slurry will not adhere to or be picked up by the tires of vehicles.

When placing multiple layers of fiberized slurry, the second layer shall not be placed until the following day or later.

After the initial break of the fiberized slurry and within a minimum of 2 hours and a maximum of 4 hours after placement the fiberized slurry shall be rolled with a pneumatic tire roller meeting the following requirements:

1. 9.3 tons minimum weight

2. The roller shall be equipped with 7 total wheels, 4 in the rear and 3 in the front of the roller.

The roller shall make a minimum of three passes on the surface.

The Polymer Modified Fiberized slurry seal shall be traffic ready within 60 minutes of being applied to roadway surface. The term “Traffic Ready” means allowing uncontrolled traffic on the roadway surface.

Placement of the fiberized slurry shall cease a minimum of one hour before the expiration of the road closure hours as specified in these special provisions, unless the Contractor proves to the satisfaction of the Engineer that the surface will be ready for unrestricted traffic at the expiration of the road closure hours.

3.6 REPAIR OF EARLY DISTRESS
If bleeding, raveling, delamination, rutting, or wash boarding occurs within 60 days after placing the fiberized slurry, the Contractor shall diligently pursue repairs by any method approved by the Engineer. The Contractor shall not be relieved from maintenance until repairs have been completed.

3.7 FINISHING OPERATIONS
Contractor shall be careful in properly applying slurry to the intended road surface. Slurry placed more than 1.5” inch beyond the lip of gutter, if directed by the Engineer, shall be thoroughly removed at the contractor’s expense.

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A final sweep picking up all loosened materials shall take place 30 days after application of the slurry seal. A working day will not be charged for this final sweep; however, retention will be withheld until complete.

END OF SECTION

38077.00180\29080232.9 -200- E-07 HOT MIX ASPHALT (TYPE A)

E-07 HOT MIX ASPHALT (TYPE A)
PART 1 – GENERAL

1.1 SUMMARY
a) Work shall consist of furnishing and placing asphalt concrete pavement under the Standard Construction Process, resurfacing of existing pavement, base pavement repair and building up the asphalt concrete pavement section to achieve the minimum cross slope. The work shall include mixing aggregate and asphalt binder at a central mixing plant, spreading and compacting the mixture, and furnishing and applying prime coat, and tack coat to the lines, grades, and dimensions shown in the Contract Documents. Asphalt concrete shall conform to the provisions of Section 39, “Asphalt Concrete”, of the 2023 State Standard Specifications and to these Technical Provisions.

1.2 SUBMITTALS
b) The Contractor shall provide a Certificate of Compliance for Asphalt concrete and other materials used under this Section in conformance with the requirements of the Contract Documents. Contractor shall provide HMA – Type A with RAP 15% max. No Warm Mix Asphalt is approved for this project.
c) The Contractor shall provide an Asphalt concrete mix design in compliance with the requirements of the Contract Documents. d) Contractor shall provide the City Engineer with certified weight tickets furnished at the time of delivery to the inspector in the field.

1.3 MEASUREMENT & PAYMENT
e) The contract price paid per Ton for “Hot Mix Asphalt (Type A) 1.5”, 2”,

2.5”, 3”, 6” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing, producing, delivering, and placing hot mix asphalt, complete-in-place, including saw cutting, compaction, spreading, over excavation, protect all existing utility covers, crack sealing, tack coat, paint binder, installing temporary pavement delineation, maintaining, and removing temporary pavement delineation when no longer needed, and built-up pavement section to achieve required cross slope, as specified in Contract Drawings, State Standard Specifications and these Technical Provisions, and as directed by the Engineer and no additional compensation shall be allowed therefore.

PART 2 – PRODUCT

38077.00180\29080232.9 -201- E-07 HOT MIX ASPHALT (TYPE A)

2.1 ASPHALT PAVING
a) Asphalt Concrete shall conform to Section 39 – Hot Mix Asphalt of the 2023 State Standard Specifications and the City Standard Specifications. b) Asphalt Concrete for surfacing shall be Hot Mix Asphalt (HMA) Type A. c) Relative compaction will be determined by California Test 375.

Laboratory specimens will be compacted in conformance with California Test 304. Contractor is responsible to provide QC testing for compaction.

For frequency, testing, and inspection requirements, see Exhibit A. The Contractor shall hire a testing laboratory, approved by the City, to perform compaction testing for aggregate concrete in conformance with these Technical Provisions to the satisfaction of the City. The test results shall be submitted to the City for any paving. The Contractor shall be responsible for the cost of all testing. The Contractor shall provide a minimum of two compaction readings for each area as shown in the Contract Drawings and specified in this Technical Provision. The City’s Inspector shall determine, in the field, the location of the readings per each area.

2.2 Asphalt Materials:
a) Aggregate Grading - Hot mix asphalt (HMA) shall be produced at a central mixing plant. Aggregate for the final lift or top lift shall be a ½ inch maximum, specified in Section 39-1.02E, "Aggregate," of the State Standard Specifications. For intermediate courses, aggregate shall conform to the ¾ inch maximum.
b) Asphalt Binder - Asphalt Binder to be mixed with the aggregate shall conform to the provisions of Section 92, “Asphalts”, of the State Standard Specifications and shall be paving asphalt Performance Grade PG 64-10 in conformance to Section 92-1.02(B) of the State Standard Specifications, unless otherwise directed by the Engineer. c) Paint Binder (Tack Coat) - Liquid emulsion SS-1 shall be in conformance with Section 94, “Asphaltic Emulsions”, of the State Standard Specifications. No fog seal will be required.
d) Crack Seal per requirements of E-21, Crack Seal.

PART 3 - EXECUTION

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3.1 Procedures:
a) Complete street closures are not permitted unless otherwise approved by the Engineer. Contractor must make provisions to allow minimum of one 11-foot-wide lane of traffic open in each direction and provide one driveway access to each affected property at all times during working hours. Contractor must stage accordingly and may not remove larger areas that cannot be constructed and reopened in a given day. b) The final lift shall be placed in 2” maximum layer and the intermediate shall be placed in 3” maximum layer. The finished surface shall conform to the surrounding grade and contour, achieve the minimum required cross slope as shown per the Contract Drawings, and shall not trap water or present a visible hump.
c) The contractor is responsible for implementing measures as needed to allow for work to proceed during cold weather, should it occur. d) Where the existing asphalt concrete section is milled less than one inch thickness (i.e. remaining asphalt section is less than 1 inch thickness), the first lift of asphalt concrete shall be placed the same shift. e) A drop-off of more than two inches will not be allowed at any time between adjacent lanes open to public traffic.
f) Prior to final lift of HMA, Contractor shall crack seal. See CRACK SEAL section for specifications.
g) Paint Binder (Tack Coat)
i. A paint binder of liquid emulsion SS-1 tack coat shall be applied to existing pavement including planed surfaces, between HMA layers, and all vertical surfaces of existing pavement, curbs, gutters, and construction joints in the surfacing against which additional material is to be placed and to pavement to be surfaced prior to overlay.
ii. The surface shall be free of water, foreign material, or dust, when the tack coat is applied. The area to which prime coat or paint binder has been applied shall be closed to public traffic. Care shall be taken to avoid tracking of binder material onto existing pavement surfaces beyond the limit of construction. The contractor is responsible for cleanup and/or re-stripe of adjacent streets outside of the construction limits that tack coat is tracked. h) Spreading and Compacting

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i. Spreading and compacting shall be performed by methods that will produce an asphalt concrete surface of uniform smoothness, texture and density. The Contractor shall comply with provisions of Section 39-2.01C, “Spreading and Compacting”, of the State Standard Specifications. The finished surface shall meet the straight edge requirements of Section 39-2.01A, “Pavement Smoothness”, of the State Standard Specifications.
ii. When placing asphalt concrete to established lines and grades, the automatic controls shall control the longitudinal grade and transverse slope of the screed. Grade and slope references shall be furnished, installed and maintained by the Contractor. iii. When placing the initial mat of asphalt concrete on existing pavement, the end of the screed nearest the centerline shall be controlled by a sensor activated by a ski device not less than 30 feet long. The end of the screed farthest from centerline shall be controlled by an automatic transverse slope device set to reproduce the cross slope designated by the Engineer.
iv. When paving contiguously with previously placed mats, the end of the screed adjacent to the previously placed mat shall be controlled by a sensor that responds to the grade of the previously placed mat and will reproduce the grade in the new mat within a

0.01-foot tolerance. The end of the screed farthest from the previously placed mat shall be controlled in the same manner as when placing the initial mat.
v. Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, including straightedge tolerance the paving operations shall be discontinued and the Contractor shall modify his equipment or furnish substitute equipment.
vi. Should the automatic screed controls fail to operate properly during any day's work, the Contractor may use manual control of the spreading equipment for the remainder of that day, however, the equipment shall be corrected or replaced with alternative automatically controlled equipment conforming to the
requirements in this section before starting another day's work. vii. The Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles before and after paving operations.

All other areas will require hand-sweeping.
viii. All mixtures shall be placed and spread at a temperature of not less than 260 degrees F, and not greater than 300 degrees F.

Initial or breakdown rolling shall be performed immediately after placement. Asphalt concrete shall not be placed when the atmospheric temperature is below 50 degrees F (10 degrees C) or during unsuitable weather, as determined by the Engineer.

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ix. Asphalt concrete placed in layers less than 1 inches (0.08’) compacted thickness or widths of less than 5 feet shall be spread and compacted with the equipment and by the methods specified in Section 39. All other asphalt concrete shall be compacted and finished in conformance with the provisions of Section 39, amended as follows:
x. Section 39-2.01C , “Spreading and Compacting”, of the State Standard Specifications is amended to read:
xi. The Contractor shall furnish not less than two (2) rollers with each paving operation and specified compaction and surface finish required by these specifications.
xii. All rollers shall be equipped with pads and water systems which prevent sticking of asphalt mixtures to the pneumatic- or steel- tired wheels. A parting agent, which will not damage the asphalt mixture, as determined by the Engineer, may be used to aid in preventing the sticking of the mixture to the wheels. Areas inaccessible to the rollers shall be compacted by use of a power compactor of the high-impact vibra plate type, capable of attaining the same compaction as the rolled areas.
xiii. The following shall supplement the requirements of Section 39-

2.01C(2) “Spreading and Compacting Equipment”:
xiv. “The first coverage of initial or breakdown compaction shall be performed when the temperature of the mixture is not less than 260°F, and all breakdown compaction shall be completed before the temperature of the mixture drops below 200°F. The initial and breakdown compaction shall be followed immediately by
additional rolling. Asphalt concrete shall be compacted by any means to obtain the specified compaction before the temperature of the mixture drops below 150°F. Additional rolling to achieve the specified compaction will not be permitted after the temperature of the mixture drops below 150°F or once the pavement is opened to public traffic. When vibratory rollers are used as finish rollers the vibratory unit shall be turned off.”
xv. “Rolling shall be performed in such a manner that cracking, shoving, or displacement will be avoided. If heat cracking occurs in the asphalt surfacing during rolling operations, the Contractor shall, at the direction of the Engineer, provide a pneumatic tired roller in place of a steel-tired roller to follow the breakdown roller.

Coverage with the pneumatic-tired roller shall start when the temperature of the mixture is as high as practicable, preferably above 180 F., and shall be completed while the mixture is at or above 150 F.”

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xvi. Asphalt concrete shall be compacted to a minimum relative compaction of 95% and shall be finished to the lines, grades and cross section shown on the plans. In-place density of asphalt concrete will be determined prior to opening the pavement to public traffic. Relative compaction will be determined by California Test 375. Laboratory specimens will be compacted in
conformance with California Test 304.
xvii. Large aggregate that migrates to the surface during handwork shall be returned to the paver box rather than scattered over the surface of the mat.
xviii. Any time new asphalt concrete is to be placed in contact with existing asphalt concrete, the surface shall be cleaned and a tack coat of asphaltic emulsion applied to insure proper bond. Tack coat shall be applied at a rate equivalent to 0.05 to 0.15 gallons per square yard undiluted.
xix. Additional asphalt concrete shall be placed along the transverse edge at the end of each lane and along the exposed longitudinal edges adjacent lanes, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conform tapers to facilitate the removal of the taper when paving operations resume. If Kraft paper is not used, the cold joint must be sawcut prior to the next day’s paving.
xx. The completed surface shall be thoroughly compacted, smooth, and free from ruts, humps, depressions, or irregularities. Any ridges, indentations or other objectionable marks left in the surface of the asphalt concrete by blading or other equipment shall be eliminated by rolling or other means. The use of any equipment that leaves ridges, indentations, or other objectionable marks in the asphalt concrete surface shall be discontinued, and acceptable equipment shall be furnished by the Contractor. xxi. When a straightedge 12 feet long is laid on the finished surface and parallel to the centerline, the surface shall not vary more than

0.01 foot from the lower edge of the straightedge. The transverse slope of the finished surface shall be uniform to a degree that no depressions greater than 0.02 foot are present when tested with a straightedge 12 feet long laid in a direction transverse to the center line and extending from edge to edge of a 12 foot traffic lane.
xxii. The Contractor shall notify the Engineer in writing if the base or subgrade condition will prevent the Contractor from meeting the specified tolerances. Failure to notify prior to commencement of paving operation shall be considered as Contractor’s concurrence that base and subgrade surface is suitable for installation of pavement to tolerances stated.

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xxiii. The tracks or wheels of spreading equipment shall not be operated on the new asphalt concrete pavement until final compaction has been completed. Trucks, loaded or empty, shall not be allowed on the new roadway surface until the asphalt concrete reaches ambient temperature.
xxiv. Base courses at all conforms, and any areas inaccessible to rollers such as around manholes, water valves, etc. shall be mechanically compacted with a rammer or tamper with particular attention to the edges and corners of the excavations.
xxv. The Contractor shall have the option of providing the extra manpower and equipment necessary to work under low over hanging branches or to hire a licensed arborist to trim trees for adequate clearance. A list of proposed trees to be trimmed shall be submitted for Engineer approval prior to proceeding. Written permission shall be obtained from the property owner for any trees on private property prior to proceeding.
i) Subgrade Preparation
i. Subgrade shall be constructed true to grade and depth as indicated on the Contract Drawings.
ii. Prior to the placement of hot mix asphalt: The subgrade shall be firm, hard and unyielding under the load of heavy construction equipment, subgrade material shall have a minimum relative compaction of ninety percent (90%) as determined by test method ASTM D557 and 2922, shall be thoroughly moistened with water without ponding to the satisfaction of the Engineer, relative compaction tests of the subgrade may be made by the City.

Contractor shall make the work available for such testing. j) Paving Joint: No excess buildup or unsightly appearance shall be permitted on longitudinal or transverse joints. Sand sealing of joints may be required.
k) Temporary Pavement Delineation
i. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the provisions in Section 12-3.01, “General”, of the State Standard Specifications and these Technical Provisions. Nothing in these Technical Provisions shall be construed as to reduce the minimum
standards specified in the Manual of Traffic Controls published by the Department of Transportation.
ii. Do not allow traffic on new HMA until its surface temperature is below 120 F. The contractor may request in writing to the Engineer to authorize cooling of HMA Type A with water when rolling is complete.

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iii. Whenever the work causes obliteration of any and all of the pavement delineation, temporary or permanent delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline, edge line and limit line (e.g. stop bars or crosswalks) pavement delineation shall be provided at all times for traveled ways open to public traffic.
iv. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. Surfaces to receive temporary pavement delineation shall be dry and free of dirt or loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with a new pattern of temporary pavement delineation or permanent pavement delineation. v. Temporary pavement markers and removable traffic type tape which conflicts with a new traffic pattern or which is applied to the final layer of surfacing or existing pavement to remain in place shall be removed when no longer required for the direction of public traffic, as determined by the Engineer.
vi. Whenever lane lines and centerlines are obliterated, the minimum lane line and centerline delineation to be provided shall be temporary reflective raised pavement markers placed at
longitudinal intervals of not more than 24 feet. The temporary reflective raised pavement markers shall be the same color as the lane line or centerline markers replaced.
vii. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer’s instructions and shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required.

END OF SECTION

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E-08 RUBBERIZED HOT MIX ASPHALT (GAP GRADED)
PART 1 – GENERAL

1.1 SUMMARY
a) This work consists of constructing a Rubberized Hot Mix Asphalt-Gap Graded (RHMA-G) overlay on an existing pavement surface.

1.2 DEFINITIONS
a) Rubberized Hot Mix Asphalt-Gap Graded (RHMA-G): Mixture of paving asphalt, asphalt modifier, crumb rubber modifier, and gap-graded aggregate mixed in a central mixing plant.
b) Crumb Rubber Modifier (CRM): Combination of ground or granulated scrap tire and high natural crumb rubber.
c) Scrap tire crumb rubber: Any combination of:

1. Automobile tires

2. Truck tires

3. Tire buffing
d) High natural crumb rubber: Material containing between 40 to 48 percent natural rubber.
e) Fine aggregate: Aggregate passing the no. 4 sieve.
f) Coarse aggregate: Aggregate retained on the no. 4 sieve. g) Asphalt Modifier: A resinous, high flash point, and aromatic hydrocarbon.

1.3 SUBMITTALS
h) The Contractor shall comply with all Federal, State, and Local environmental laws, rules, regulations, and ordinances including, but not limited to, air quality requirements.

Rubberized HMA: Contractor must provide the certification that all crumb rubber used in the proposed RAC is derived from only California -generated waste tires and processed in California.

Rubberized HMA: Contractor must provide the certification that Asphalt binder material used in the proposed RAC contain a minimum of 300 pounds (or equivalent to 15% by weight) of the tire-derived crumb rubber per ton of rubberized binder.

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i) At least 10 days before starting any RHMA-G activities, submit the name of an authorized laboratory to perform Quality Control (QC) testing for RHMA-G. The authorized laboratory must comply with the Caltrans Independent Assurance Program (IAP) or possess current AASHTO Material Reference Laboratory (AMRL) accreditation for all ASTM and AASHTO tests required in Section 2.
j) Contractor shall submit to the Agency a certified volume or weight slip for each delivery of asphalt-rubber binder ingredients and RHMA-G. k) At least 14 days before use, submit:
a. Four each one-quart cans of mixed asphalt-rubber binder b. Samples of each asphalt-rubber binder ingredient
c. SDS for each hazardous material
d. Asphalt-rubber binder formulation, including:
i. Source and grade of asphalt binder
ii. Source and type of asphalt modifier
iii. Each source and type of scrap tire crumb rubber and high natural crumb rubber
iv. Percentage of asphalt modifier by weight of asphalt binder v. Percentage of combined asphalt binder and asphalt
modifier by weight of asphalt-rubber binder
vi. Percentage of scrap tire crumb rubber and high natural crumb rubber by total weight of asphalt-rubber binder
vii. Percentage of scrap tire crumb rubber and high natural crumb rubber by total weight of crumb rubber modifier
viii. Minimum reaction time and temperature
e. Test results
i. Certificate of Compliance showing the asphalt binder is the required PG grade
ii. Test results showing the asphalt modifier meets the requirements in Table 1
iii. Test results showing each source of CRM meets the
requirements in Tables 2, 3, and 4
iv. Test results showing the asphalt-rubber binder meets the requirements in Tables 5 and 6

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v. Test results showing the aggregate meets the
requirements in Tables 7 and 8
vi. Test results showing the RHMA-G meets the requirements in Table 9
vii. JMF Forms
viii. Caltrans Contractor Job Mix Formula Proposal form CEM- 3511
ix. Caltrans Contractor Hot Mix Asphalt Design Data form CEM-3512
x. Caltrans Hot Mix Asphalt Verification form CEM-3513, if available

1.4 JOB MIX FORMULA (JMF)
Contractor shall submit the proposed JMF for each type of RHMA-G to be used. The Contractor is required to submit mix design documentation that has been dated within 12 months of submittal.

The Contractor shall submit the test results for the RHMA -G showing that the mixture meets all of the requirements as shown in Section 2.6 of these specifications.

The JMF must be submitted on the Caltrans Contractor Job Mix Formula Proposal form CEM - 3511along with:

1. Mix design documentation on Caltrans Contractor Hot Mix Asphalt Design Data form CEM-3512. Also report the theoretical maximum specific gravity for the RHMA-G.

2. JMF verification on a Caltrans Hot Mix Asphalt Verification form CEM-3513, if available.

3. JMF renewal on a Caltrans Job Mix Formula Renewal form CEM-3514, if available.

The JMF forms do not need to be Caltrans approved, however, the Contractor is encouraged to submit them to the Agency if the Contractor has these forms available.

All Caltrans JMF forms can be found online at: http://www.dot.ca.gov/hq/construc/forms.htm

1.5 QUALITY CONTROL PROGRAM
Develop, implement, and maintain a QC program.

Contractor shall prepare and maintain QC records, including:

1. Names and qualifications of:

1.1. Samplers

1.2. Testers

1.3. Inspectors

2. Testing laboratories

3. Testing equipment calibrations and certifications

4. Construction inspection reports

5. Sampling and testing records organized by date and type of material

6. Test results with comparison of quality characteristic requirements

7. Test results in relation to action and any suspension limits

8. Records of corrective actions and suspensions

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Contractor shall notify the Agency within 24 hours of any noncompliance identified by the QC program.

1.6 QUALITY CONTROL MANAGER
Contractor shall assign a QC manager before the start of the affected work. The QC manager must receive, review, and approve all correspondence, submittals, and reports relating to the QC of materials before they are submitted to the Agency. The QC manag er must be the sole individual responsible for:

1. Signing the QC plan

2. Implementing the QC plan

3. Maintaining the QC records

The QC manager must be Contractor’s employee or must be hired by a subcontractor providing only QC services. The QC manager must not be employed or compensated by a subcontractor or by any other persons or entities hired by subcontractors who will provide services or material for the project.

1.7 PRECONSTRUCTION MEETING
At least 3 business days before the start of surfacing and pavement operations, the following Contractor personnel shall attend a preconstruction meeting:

1. Project Manager

2. QC manager

3. Project superintendent

4. Project foreman

5. Plant manager

6. Traffic control foreman

7. Subcontractors’ foremen

8. RHMA-G supplier

9. Paving foreman

Contractor shall be prepared to discuss the project specifications and the processes for producing materials and constructing each item of work, including:

1. Quality assurance

1.1. Quality control

1.2. Agency acceptance

2. Placement of materials:

2.1. Training

2.2. Checklists

2.3. Test strips (if required)

3. Contingency plan

4. Issues specific to the project, including:

4.1. Weather

4.2. Alignment and geometrics

4.3. Traffic control issues

4.4. Haul distances

4.5. Presence and absence of shaded areas

4.6. Other local issues (Trash Collection Days, School Functions, Etc.)

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1.8 MEASUREMENT & PAYMENT
a) The contract price paid per Ton for “Rubberized Hot Mix Asphalt (Gap Graded) 1.5”, 2.5”” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing, producing, delivering and placing rubberized hot mix asphalt, complete-in-place, including saw cutting, compaction, spreading, over excavation, protect all existing utility covers, crack sealing, tack coat, paint binder, installing temporary pavement delineation, maintaining, and removing temporary pavement delineation when no longer needed, and built-up pavement section to achieve required cross slope, as specified in Contract Drawings, State Standard Specifications and these Technical Provisions, and as directed by the Engineer and no additional compensation shall be allowed therefore.

Contractor shall supply:

1. Time, date, mix number, load number, and truck identification are correlated with a load slip.

2. Each load slip shows the truck’s empty weight and the truck’s total weight including RHMA-G material.

3. Copy of the recorded batch weights is certified by a licensed weighmaster.

PART 2 – PRODUCT

1. Aggregate Grading – Rubberized Hot mix asphalt (RHMA - G) shall be produced at a central mixing plant. The aggregate gradation for RHMA-G must comply with the section 39-2.03B(4)(b) of latest State Standard Specification.

2. Asphalt Rubber Binder - Asphalt rubber binder must comply to Section 39 -

2.03B(3) of latest State Standard Specification and be a combination of:
(a) Asphalt binder
(b) Asphalt modifier
(c) CRM

3. The combined asphalt binder and asphalt modifier must be 80.0 ± 2.0 percent by weight of the asphalt rubber binder.

4. Asphalt Binder to be mixed with the aggregate shall conform to the provisions of Section 92, “Asphalts”, of the State Standard Specifications and shall be paving asphalt Performance Grade PG 64 -16 or better in conformance to Section 92 -

1.02(B) of the State Standard Specifications, unless otherwise directed by the Engineer.

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2.8 CONSTRUCTION EQUIPMENT
Producing Asphalt-Rubber Binder and RHMA-G
All equipment used to blend, store, and transport crumb rubber, asphalt modifier, asphalt-rubber binder, and RHMA -G shall comply with the requirements of Caltrans Material Plant Quality Program (MPQP) unless otherwise authorized in writing by the Agency.

The Agency reserves the right to require approval of equipment by the Agency prior to use.

Placing/Spreading RHMA-G
Paving equipment for spreading must be:

1. Self-propelled

2. Mechanical

3. Equipped with a screed or strike-off assembly that can distribute RHMA-G the full width of a traffic lane

4. Equipped with a full-width compacting device

5. Equipped with automatic screed controls and sensing devices that control the thickness, longitudinal grade, and transverse screed slope

Install and maintain grade and slope references. The screed must be heated and produce a uniform RHMA-G surface texture without tearing, shoving, or gouging. The paver must not leave marks such as ridges and indentations.

All trucks transporting RHMA-G to the jobsite shall be completely covered with tarpaulins, which are fully secured, during transport.

Rollers must be equipped with a system that prevents RHMA-G from sticking to the wheels.

Contractor must use a parting agent that does not damage the RHMA-G or impede the bonding of layers.

In areas inaccessible to spreading and compacting equipment:

1. Spread the RHMA-G by any means to obtain the specified lines, grades, and cross sections

2. Use a pneumatic tamper, plate compactor, or equivalent to achieve thorough compaction.

The use of a material transfer vehicle is allowed. The material transfer vehicle must have sufficient capacity to prevent stopping the paver and must be capable of:

1. Either receiving RHMA-G directly from trucks or using a windrow pickup head to load it from a windrow deposited on the roadway surface

2. Remixing the RHMA-G with augers before transferring into the paver’s receiving hopper or feed system

3. Transferring RHMA-G directly into the paver’s receiving hopper or feed system

Compacting RHMA-G
The Contractor shall not use a pneumatic-tired roller to compact any RHMA-G material.

Each roller must have a separate operator. Rollers must be self-propelled and reversible.

PART 3 - EXECUTION

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3.1 SURFACE PREPARATION
The Contractor shall remove all existing traffic stripes, markings, crosswalks, stop bars, and legends; and raised pavement markers in areas to receive RHMA -G and any adjacent areas as directed by the Agency. Removal shall be done by sand blasting or grinding and disposing of by the Contractor. Grinding or sand blasting operations shall be conducted to keep all removed pavement material from entering the storm drain system. Said removal shall not occur sooner than 2 calendar days prior to the day that the RHMA-G will be placed.

Existing pavement striping, markings, or markers which are outside the work area and not to be removed, shall be protected by the Contractor. Any striping, markings, or markers to remain damaged or rendered useless by the Contractor’s operations shall be restored by the Contractor to the Agency’s satisfaction and at the Contractor’s expense.

Following herbicide spraying, all vegetation shall be removed from the cracks in the pavement and from all joints between the pavement and concrete gutters by the Contractor.

On the day that a street receives RHMA -G material, it shall be swept without the use of water.

Pavement must be completely dry prior to placement of RHMA-G. The Contractor shall not begin any activities related to the placement of RHMA-G on any street until the Agency has approved the street cleaning.

Apply a tack coat on the existing pavement surface and on the vertical surfaces of any curbs, gutters, and construction joints. Apply the tack coat at a rate shown in Table 15, or as otherwise ordered by the Agency:

Table 15: Tack Coat Application Rates for RHMA-G
RHMA-G over:

Minimum residual rates (gal/sq yd)
CSS1/CSS1h,
SS1,SS1h and
QS1h/CQS1h
asphaltic emulsion
CRS1/CRS2,
RS1/RS2 and
QS1/CQS1 asphaltic
emulsion
Asphalt binder and
PMRS2/PMCRS2 and
PMRS2h/PMCRS2h
asphaltic emulsion
Existing
pavement 0.07 0.08 0.06

Notify the Agency if asphaltic emulsion is diluted with water. The weight ratio of added water to asphaltic emulsion must not exceed 1 to 1. Measure added water by weight so long as the Contractor furnishes the Agency with weight slips from the weighmaster. Water may be measured by volume so long as the vehicles allow for accurate determination of its contents and each vehicle has a legible identification mark showing its volumetric capacity at any given time.

The application of the tack coat material shall be uniform in appearance and free from ribboning and all other defects. Correct all defective areas of the tack coat where uniform distribution was not achieved prior to placing RHMA-G material over these areas. Placement of RHMA-G material shall not be permitted until the tack coat has broken.

In the event that a scheduled street should become wet due to fog, rain, or any other reason, the placement of RHMA-G shall be suspended until the surface has dried completely, as determined by the Agency.

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The Contractor shall use sweeping equipment to clean the streets and will perform a minimum of two (2) complete passes over all pavement surfaces. In the event the Agency determines that two (2) passes are not adequate, the Contractor shall re -sweep designated areas as necessary to achieve the appropriate level of pavement cleaning. Completion of sweeping shall be evidence by the absence of all loose particles of paving, all dirt, sand, gravel, leaves, and all other extraneous material. Street sweeping equipment shall be a broom sweeper, or approved equal, in a sufficiently maintained condition to accomplish the sweeping goals of the project. Pavement missed by or inaccessible to broom sweepers shall be swept clean by other methods that are approved by the Agency. Sweeping shall include haul route.

3.2 SPREADING RHMA-G
RHMA-G shall be spread and compacted at an ambient air temperature of at least 55 degrees F and a surface temperature of at least 60 degrees F.

The Contractor may deposit RHMA -G in a windrow and load it in the paver if the following four conditions apply:

1. Paver is equipped with a hopper that automatically feeds the screed, or if a Materials Transfer Vehicle (MTV) is used.

2. Loading equipment can pick up the windrowed material and deposit it in the paver hopper without damaging base material.

3. Activities for depositing, pickup, loading, and paving are continuous.

4. RHMA-G temperature in the windrow does not fall below 290 degrees F.

RHMA-G placed in a windrow on the roadway surface must not extend more than 250 feet in front of the paver.

The temperature of the RHMA-G mixture directly behind the paving machine, before any rolling, shall be from 290 to 325 degrees F.

Longitudinal joints in the top layer should be offset six inches from the longitudinal joint in the existing surface layer, if that joint is discernable. The direction of the offset should be towards the lane line, if the joint is not along the lane line. If the longitudinal joint in the existing surface is not discernable, the longitudinal joint shall be along the lane line. A vertical longitudinal joint of more than two inches is not allowed at any time between adjacent lanes open to traffic.

If placing RHMA-G against the edge of existing pavement, cold mill, saw cut or grind the pavement straight and vertical along the joint and remove extraneous material unless the Agency approves placement against the existing pavement edge.

For divided roadways with an RHMA -G lift thickness greater than two inches, Contractor may construct a one-foot wide tapered notched wedge joint as a longitudinal joint between adjacent lanes open to traffic. A vertical notch of 0.75 inch maximum must be placed at the top and bottom of the tapered wedge. The tapered notched wedge must keep its shape while exposed to traffic.

Pave the adjacent lane within 1 day. Construct the tapered portion of the tapered notched wedge with an authorized strike-off device. The strike-off device must provide a uniform slope and must not restrict the main screed of the paver. Contractor may use a device attached to the screed to construct longitudinal joints that will form a tapered notched wedge in a single pass. The tapered notched wedge must be compacted to a minimum of 90 percent of theoretical maximum density.

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Where a tapered edge is required, use the same type of RHMA -G used for the adjacent lane or shoulder. The edge of roadway where the tapered edge is to be placed must have a solid base, free of debris such as loose material, grass, weeds, or mud. Grade the areas to receive the tapered edge as required. The tapered edge must be placed monolithic with the adjacent lane or shoulder and must be shaped and compacted with a device attached to the paver.

The device must be capable of shaping and compacting RHMA -G to the required cross section as shown. Compaction must be accomplished by constraining the RHMA -G to reduce the cross sectional area by 10 to 15 percent. The device must produce a uniform surface texture without tearing, shoving, or gouging and must not leave marks such as ridges and indentations. The device must be capable of transitioning to cross roads, driveways, and obstructions.

For the tapered edge, the angle of the slope must not deviate by more than ±5 degrees from the angle shown in the Plans. Measure the angle from the plane of the adjacent finished pavement surface. If paving is done in multiple lifts, the tapered edge must be placed with each lift.

Short sections of hand work are allowed to construct tapered edge transitions.

If widening existing pavement, construct new pavement structure to match the elevation of the existing pavement's edge before placing RHMA-G over the existing pavement.

Unless otherwise approved by the Agency, until the adjoining through lane's top layer has been paved, do not pave the top layer of:

1. Shoulders

2. Tapers

3. Transitions

4. Road connections

5. Driveways

6. Curve widenings

7. Chain control lanes

8. Turnouts

9. Turn pockets

If the number of lanes changes, pave each through lane's top layer before paving a tapering lane's top layer. Simultaneous to paving a through lane's top layer, you may pave an adjoining area's top layer, including shoulders. Do not operate spreading equipment on any area's top layer until completing all compaction activities.

If shoulders or median borders are shown, pave shoulders and median borders adjacent to the lane before opening a lane to traffic.

If shoulder conform tapers are shown, place conform tapers concurrently with the adjacent lane's paving.

3.3 COMPACTING RHMA-G
Rolling must leave the completed surface compacted and smooth without tearing, cracking, or shoving. If a vibratory roller is used as a finish roller, turn the vibrator off. Do not open new RHMA-G pavement to traffic until its mid-depth temperature is below 160 degrees F. If the surface to be paved is both in sunlight and shade, pavement temperatures are taken in the sun.