South Lake Tahoe City Council
August 12, 2025

Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more.”

7.10 ASSIGNMENT OF ANTITRUST ACTIONS
The Contractor’s attention is directed to the following provisions of Government Code sections 4553 and 4554 which shall be applicable to the Contractor and his subcontractors:

In entering into a Public Works contract or a subcontract to supply goods, services, or materials pursuant to a Public Works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under Cartwright Act (Chapter 2 commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Public Works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.

Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

7.11 INDEMNIFICATION
Delete the first two paragraphs of Section 7-1.05A, “General”, of the Standard Specifications, and replace with the following:

To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the City, its officials, officers, City Council members, employees, agents, the Architect/Engineer, the Project Manager and the Project consultants, and their respective principals, officers and employees (the “Indemnitees”), and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, attorneys' fees, losses, or liability, in law or in equity, of every kind and 165
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nature whatsoever related to, arising out of, or in connection with, Contractor's operations to be performed under this Agreement, including, but not limited to:
(a) Personal injury (including, but not limited to, bodily injury, emotional injury or distress, sickness, or disease) or death to persons, including, but not limited to, any employees, agents or subcontractors of Indemnitees, or damage to property of the City or any other person or entity, and inclusive of the Project and the Work itself (including loss of use thereof), and any storage or staging area(s) arising out of or resulting from the Contract Documents and/or the performance of the Work, or, except as otherwise prescribed by applicable law, as caused or alleged to be caused, in whole or in part, by any negligent act or omission of Indemnitees, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable;
(b) Penalties threatened, sought, or imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance, or statute, caused by the action or inaction of Contractor; (c) Alleged infringement of any patent rights, which may be brought arising out of Contractor’s work;
(d) Claims and liens for labor performed or materials used or furnished to be used on the job, including all incidental or consequential damages from such claims or liens;
(e) Failure of Contractor to comply with the provisions of the Contract Documents relating to insurance; and
(f) Any violation or infraction by Contractor of any law, order, citation, rule, regulation, standard, ordinance, or statute in any way relating to the occupational, health, or safety of employees.

The obligations set forth in this section shall not be limited by the insurance requirements set forth in these Contract Documents.

Contractor's indemnification obligations will not include indemnification for claims which arise as the result of the active negligence of the City, or the sole negligence or willful misconduct of the City, its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons. It is intended that this Section shall comply with California Civil Code § 2782, et seq., to the extent applicable to the Contractor’s obligations as set forth in this Section. If it 166
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is determined by a Court of competent jurisdiction that any aspect of this Section exceeds the restrictions or limitations under California law applicable to indemnity obligations, only that portion which exceeds the restrictions or limitations under California law shall be null and void, and all remaining indemnity obligations shall be fully enforceable to the fullest extent allowed under California law.

It is the intent of the parties to this Agreement to provide the broadest possible coverage for the City. The Contractor shall reimburse the City for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the City under this Agreement.

7.12 INSURANCE COVERAGES AND AMOUNTS
(A) Insurances, as described in this Special Provision section and other related sections of the Standard Specifications, Special Provisions and the Contract Documents, shall be maintained by the Contractor for the full life of the contract including the maintenance and warranty period for any and all portions of this contract. The company or companies providing such insurance shall have no recourse against the City, and their members, directors and employees, or any of them, for payment of any premiums or assessments under such insurance.
(B) In addition to the minimum limits of liability for insurance, as required by Section 7-1.06, “Insurance,” of the Standard Specifications, the following provisions shall also apply to this Project:

Workers Compensation:

Contractor shall take out and maintain during the life of the Agreement, workers’ compensation insurance for all Contractor’s employees employed at the site of improvements and if any work is sublet, Contractor shall require subcontractor similarly to provide workers’ compensation insurance for all of the latter employees, unless such employees are covered by the protection afforded by Contractor. If any class of employees engaged in work under this contract at the site of the project is not protected under workers’ compensation law, Contractor shall provide, and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify the City for any damage resulting to it from failure of either Contractor or subcontractor to take out or maintain such insurance.

If such insurance is underwritten by any agency other than State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

Worker’s Compensation Insurance shall be provided as required by any applicable law or regulation. Employer’s liability insurance shall be provided in amounts not less than ONE MILLION DOLLARS (1,000,000) each accident for bodily injury by accident, ONE MILLION DOLLARS (1,000,000) policy limit for bodily injury by disease, and ONE MILLION DOLLARS (1,000,000) each employee for bodily injury by disease. 167
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If there is an exposure of injury to Contractor’s employees under the U.S. Longshoremen’s and Harbor Worker’s Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.

Each Workers’ Compensation policy shall be endorsed with the following language:

Cancellation Notice – Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased.

Contractor and its insurer(s) shall waive any right of subrogation against the City and its officials, officers, employees, agents and representatives.

Contractor shall require all subcontractors, of ay tier, to maintain adequate Workers’ Compensation insurance. Certificates of Workers’ Compensation shall be submitted pursuant to the Contract Documents.

Commercial General Liability:

In addition to all other insurance requirements as set forth in the Contract Documents, Contractor shall procure and maintain during the life of this Agreement such liability and property damage insurance and shall protect the City, the City Council and all elective and appointive boards, officers, agents and employees and contractors from any claims for damages for personal injury, including death, as well as from claims for property damages which may arise from Contractor’s ongoing and completed operations under this Agreement, whether such operation be by the Contractor or by any subcontractor, or by anyone directly or indirectly employed by either Contractor or any subcontractor, and the type and amounts of such insurance shall be as follows:

Contractor shall maintain Commercial General Liability (Occurrence) insurance no less broad than ISO form CG 00 01 covering all operations by or on behalf of Contractor, and all Work under the Contract Documents, and providing insurance for bodily injury liability and property damage liability for the limits of liability indicated herein and including coverage for contractual liability insuring the obligations assumed by Contractor in this Agreement.

The limits of liability for any Commercial General Liability (Occurrence) policy shall be in amounts not less than:
i TWO MILLION DOLLARS ($2,000,000) each occurrence (combined single limit for bodily injury and property damage)
i TWO MILLION DOLLARS ($2,000,000) Personal Injury Liability i TWO MILLION DOLLARS ($2,000,000) for Products-Completed Operations o TWO MILLION DOLLARS ($2,000,000) General Aggregate
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If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be THREE MILLION DOLLARS ($3,000,000).

Contractor’s Pollution Liability Insurance:

Contractor shall maintain Contractor’s Pollutions Liability (Occurrence) insurance in an amount no less than ONE MILLION DOLLARS ($1,000,000) per pollution incident and TWO MILLION DOLLARS ($2,000,000) aggregate. Coverage must apply to pollution incidents at or from any location at which the Contractor is performing under this Agreement. Prior written consent of the City is required if the insurance has a deductible or self-insured retention in excess of $25,000.

Umbrella or Excess Liability Insurance:

In addition to the insurance requirement above, Contractor shall provide Umbrella or Excess Liability Insurance in an amount no less than TEN MILLION DOLLARS ($10,000,000) based on the Commercial Liability Insurance. The umbrella or excess policy shall provide that the policy takes effect (drops down) in the event the primary limits are impaired or exhausted.

Additional Liability Insurance:

Contractor shall maintain automobile liability insurance covering bodily injury and property damage in an amount not less than TWO MILLION DOLLARS ($2,000,000) combined single limit for each accident.

Covered vehicles shall include owned, non-owned, and hired automobiles and trucks.

Such insurance is a condition precedent of the City entering into the Agreement. To the extent this section of the Special Provisions is inconsistent with Section 7-1.05 and 7-1.06 of the Standard Specifications, the stricter of the two shall apply to this Project.

Conformity of Coverage:

If more than one policy is used to meet the required coverage, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. For example, all polices shall be Occurrence Liability policies or all shall be Claims Made Liability policies, if approved as noted above. In no cases shall the types of policies be different.

Endorsements:

Each Commercial General Liability policy shall be endorsed with the following specific language (or, alternatively, separate endorsements for each separate entity identified below):

1. “The City of South Lake Tahoe, their respective officers, agents, employees, and volunteers are to be covered as insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement."; and “The insurance provided by the Contractor, including any excess liability or umbrella form coverage, is primary coverage with respect to any insurance or self-insurance programs maintained by [CONTRACTOR] and no insurance held or owned by the City of South Lake Tahoe, written notice if (1) any of the required insurance 169
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policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased.”

2. The policies shall stipulate that the insurance afforded the additional insured applies as primary insurance. Any other insurance or self-insurance maintained by the City is excess only and shall not be called upon to contribute with this insurance. (C) The following additional conditions apply to the insurance requirements the following shall apply to this Project:

1. Within ten (10) calendar days after the Contractor has received notice from the City that the Agreement has been awarded to the Contractor and before the Work commences, Contractor shall satisfy all conditions precedent as set forth in the Contract Documents, including, without limitation, that Contractor shall submit to the City acceptable Certificates of Insurance and with original policy endorsements which specifically state the following:
(a) The existence of the required amounts of coverage.
(b) The effective and expiration dates of the policy.
(c) The types of coverage provided by the policy.

2. Written statement from the agent or broker issuing the policy confirming that the required insurance(s) is an Occurrence policy.

3. The City reserves the right to review the original policy, if deemed necessary by the City to resolve any questions of coverage or exception.

4. The City may expressly allow deductive clause, which it does not consider excessive, overly broad, or harmful to the interests of the City. Regardless of the allowance of exclusion or deductions by the City, the Contractor is responsible for any deductible amount and shall warrant that the coverage provided to the City is in accordance with this Section.

5. Certificates of insurance shall be signed by a person authorized by the insurer to bind coverage on its behalf.

6. List job name on certificate of insurance under “Description of Operations.” In the event the policy is canceled prior to the completion of the project and the Contractor does not furnish a new policy endorsement prior to cancellation, the City may obtain the required insurance and deduct the premium(s) from contract monies due the Contractor. (D) No later than the time the Notice to Proceed is issued, or at any other time as may be directed in writing by the City, the Contractor shall provide written evidence of insurance coverages, in a form acceptable to the City (i.e., insurance certificates appropriately issued), for each supplier, subcontractor and sub-subcontractor whose initial 170
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subcontract and/or purchase order price is equal to or in excess of 5% of the Contract Sum.

The insurance coverages (both as to types and amounts) to be procured by each supplier, subcontractor or sub-subcontractor performing work having a value equal to or in excess of 5% of the Contract Sum, shall meet or exceed the minimum insurance coverages as set forth in the Contract Documents, unless the City agrees, in writing, that compliance with this requirement is waived. It shall be the obligation of the Contractor to promptly provide acceptable written evidence to the City demonstrating that each supplier, subcontractor or sub-subcontractor that will perform work having a value equal to or in excess of 5% of the Contract Sum has obtained and possesses all insurance coverages in accordance with the requirements of the Contract Documents.

END OF SECTION 7
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SECTION 8: PROSECUTION AND PROGRESS

8.1 GENERAL
(A) The Contractor’s attention is directed to the provisions of Section 8, “Prosecution and Progress”, of the Standard Specifications, as modified by these Special Provisions and the Contract Documents, all of which are applicable to this Project. (B) Delete Section 8-1.02, “Schedule”, of the Standard Specifications. With respect to scheduling requirements for the Project, the Contractor’s attention is directed to Section

8.3 (“Construction Schedule, Completion and Liquidated Damages”) of the Special Provisions and Document 01300, “Construction Progress Documentation”, of the Contract Documents.
(C) Insert the following phrase at the end of the first paragraph of Section 8-1.03, “Preconstruction Conference”, of the Standard Specifications: “, if authorized in writing by the City’s Authorized Representative.”
(D) Delete the first two-sentences of Section 8-1.04B, “Standard Start”, of the Standard Specifications and replace with the following: “The Contractor shall begin work within ten (10) calendar days from the date that the commencement of the Work is authorized pursuant to the Notice to Proceed, or as otherwise directed by the City.” (E) Delete the fourth and fifth paragraphs of Section 8-1.05, “Time”, of the Standard Specifications.
(F) Insert the following at the end of Section 8-1.06B, “Suspensions Unrelated to Contractor Performance”, of the Standard Specifications:

The provisions set forth at Section 8-1.07, “Delays” of the Standard Specifications, as modified by the Special Provisions, shall only apply to a suspension of the Work (notice of which occurs after the Contractor has mobilized at the Project site) as directed by the City that is for an unreasonable period (i.e., not originally anticipated, customary, or inherent in the construction industry and/or not reasonable in light of the Work), and subject to the Contractor giving timely written notice in accordance with the Contract Documents.
(G) Delete the first sentence at the first paragraph of Section 8-1.07C, “Payment Adjustments”, of the Standard Specifications, and replace with the following:

The City may make a payment adjustment for a Compensable Delay, subject to and in accordance with the requirements of Section 9.10 (“Compensation for Compensable Delay”) of the Special Provisions. No payment adjustment will be made to the extent that Contractor’s performance is, was or would have been suspended, delayed or interrupted by another cause for which Contractor bears any responsibility.
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(H) Add the following at the end of the second paragraph of Section 8-1.07C “Payment Adjustments”, of the Standard Specifications: “Payment adjustments authorized pursuant to this Section, if allowable, and the procedure described in this Section for any such payment adjustments, shall only be applicable to a Compensable Delay(s) beyond the first sixty (60) calendar days of Compensable Delay.”
(I) Delete the first, third and fourth paragraphs of Section 8-1.10A, “General”, of the Standard Specifications. With respect to liquidated damages that may be assessed by the City, the Contractor’s attention is directed to Section 8.3 (“Construction Schedule, Completion and Liquidated Damages”) of the Special Provisions. (J) At the end of the first paragraph of Section 8-1.13, “Contractor’s Control Termination”, of the Standard Specifications, insert the following:

5. Fail to comply with all laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction
(K) At the end of Section 8-1.14E, “Payment Adjustment for Termination”, of the Standard Specifications, insert the following:

In no event shall the costs paid to the Contractor for a Contract Termination pursuant to of Section 8-1.14, “Contract Termination”, of the Standard Specifications exceed the costs (exclusive of any overhead and mark-up) allocated to those portions of the work performed to the date of termination as set forth in Contractor’s schedule of values.

8.2 DELAYS
Delete the first paragraph of Section 8-1.07A, “General”, of the Standard Specifications, and insert the following:
8-1 GENERAL
Time is of the essence in the performance of this Agreement. Contractor must complete the entire Work of the Project, and all designated portions thereof, within the Contract Time(s), subject to any authorized extension(s) thereof, pursuant to the Contract Documents. Failure of Contractor to include an element of the Work required for performance of the Agreement in the Baseline Schedule (or any earlier version of the Baseline Schedule), or any inaccuracy in the Baseline Schedule, does not relieve Contractor from responsibility for accomplishing the Work within the Contract Time(s) designated in the Contract Documents. The Contractor must provide an adequate workforce, materials of proper quality, and equipment to properly execute the Work and to ensure completion of each part of the Work in accordance with the Baseline Schedule.
8-1.07A(1) Acceleration. City reserves the right to direct Contractor to accelerate performance of the Work or any portion of the Work. No action 173
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or direction of City other than an express written direction by the Engineer to accelerate performance of the Work shall be construed by Contractor to be direction to accelerate the Work.
8-1.07A(2) Delays and Time Extensions. The City will consider extensions to the Contract Time(s) for the following reasons only if they affect the critical path of the Baseline Schedule, as may be adjusted in accordance with the Contract Documents:
(a) Delays in the progress of the Work due to Excusable Delay (as defined in Section 9.10 of the Special Provisions), including Acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, sanctioned strikes, freight embargoes, unusually severe weather, or delays of Subcontractors or Suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of Contractor and its such subcontractors or suppliers;
(b) Delays in the progress of the Work due to a Compensable Delay (as defined in Section 9.10 of the Special Provisions) or an act of neglect by City, but only for the amount of delay time that occurs after Contractor has notified City in writing and the City has had a reasonable time to respond to the notification; or
(c) An Approved Change Order that extends the Contract Time, or a Contract Change Directive which authorizes an extension of Contract Time. 8-1.07A(3) Whenever the Contractor foresees any delay in the prosecution of the Work, the Contractor must notify the City in writing of any potential delay or impact, including any anticipated impact on the Contract Sum and/or Contract Time. Within three (3) calendar days from the beginning of any critical path delay to the Baseline Schedule, or the occurrence(s) giving rise to the delay, whichever occurs earlier, Contractor must provide written notice of the delay event to the City. Said written notice shall include a description of the event or occurrence giving rise to the delay, the estimated duration of the delay, and the impact of the event or occurrence upon the critical path and completion of the Project.

Contractor expressly waives any claim for delay or adjustment to the Contract Time and/or Contract Sum if Contractor fails to provide such written notice to City.
8-1.07A(4) Within fifteen (15) calendar days after the initial written notice of the Contractor, Contractor shall submit all supporting information to validate the claimed impact of the delay on the Contract Time, including a Time Impact Analysis (“TIA”) in accordance with Section 01300 (“Construction Progress Documentation”). If requested by the City, Contractor shall promptly, and no later than seven (7) calendar days after the City’s request, provide updated or further supporting information, 174
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including an updated or revised TIA, with respect to the claimed delay or impact. Contractor expressly waives any claim for delay or adjustment to the Contract Time and/or Contract Sum if Contractor fails to promptly and timely provide all supporting information, including the TIA and any additional/supplemental supporting information as may reasonably be requested by the City.
8-2.07A(5) City will ascertain the facts and the extent of the delay and adjust the Contract Time(s) for completing the Work (and/or adjust the Contract Sum) if, in City's sole discretion and judgment, the facts justify such an adjustment(s). The City's written determination in this regard shall be considered final and conclusive. In the event Contractor disputes the City’s written determination under this Section with respect to any claimed delay, or the adjustment (or lack thereof) with respect to Contract Time and/or Contract Sum, Contractor’s sole and exclusive remedy shall be to pursue a claim in strict accordance with Sections 8 and 9 of the Special Provisions, including, without limitation, Section 9.11 (“Claims and Dispute Resolution”). In the event of any dispute between City and Contractor concerning any Construction Change Directive (or Change Order), Contractor shall not stop work but will prosecute the Work diligently to completion in the manner directed by City, and the dispute shall be resolved in strict accordance with the requirements of Sections 8 and 9 of the Special Provisions, including, without limitation, Section 9.11 (“Claims and Dispute Resolution”).
8-2.07A(6) The City shall not consider any request for an adjustment to the Contract Time(s) and/or Contract Sum unless the Contractor satisfies the requirements set forth in the Contract Documents for providing prompt and timely written notice of the potential delay and submission of supporting information (including the TIA, and any further or additional supporting information as may be reasonably requested by the City) establishing the impact of the delay on the critical path of the Baseline Schedule. No adjustment of the Contract Time and/or Contract Sum will be considered, or granted, as a consequence of any claimed delay event in the absence of Contractor’s strict compliance with the requirements of the Contract Documents.
8-2.07A(7) The City shall not be responsible to the Contractor for any constructive acceleration due to Contractor's failure to comply with the submission and justification requirements of the Contract Documents for Contract Time and/or Contract Sum adjustment requests. The Contractor's failure to perform in accordance with the Baseline Schedule shall not be excused because the Contractor has submitted a request for adjustment of the Contract Time, unless and until the City approves such request. 8-2.07A(8) Unless the City and Contractor agree otherwise pursuant to a Change Order, in the event that the City adjusts the Contract Time 175
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pursuant to a Compensable Delay, any request by the Contractor for delay costs (inclusive of all direct and indirect costs, expenses and damages (including, without limitation, jobsite and home office overhead costs and extended general conditions), if applicable, shall be subject to Section 9.10 of the Special Provisions (“Compensation for Compensable Delay”) and the applicable provisions of the Contract Documents.

8.3 CONSTRUCTION SCHEDULE, COMPLETION AND LIQUIDATED

DAMAGES

8.3.1 CONSTRUCTION SCHEDULE
(A) The Contractor shall timely prepare and submit to the City construction progress schedules and other progress documentation in strict accordance with Document 01300, “Construction Progress Documentation”.
(B) During the construction period for the Project, the Contractor shall regularly provide information and input on scheduling and coordination of the Project work to the City’s Authorized Representative, including, without limitation, at periodic construction meetings at which the City and Contractor are regular attendees.
(C) Contractor will solicit and exchange scheduling information with Subcontractors and suppliers. Contractor will order work, equipment and materials with sufficient lead time to avoid interruption of the Work. (D) The Contractor shall at all times employ such force, labor, materials, equipment, and tools as will be sufficient, in the opinion of the City’s Authorized Representative, to prosecute the work at not less than the rate provided in the progress schedule and to complete the work within the time limits fixed by the Agreement. If the Contractor refuses or fails to prosecute the Work, or any separable part of the Work, with such diligence as will ensure the completion within the time specified in the Agreement, including any extension, or fails to complete the work within such time, the City may, in accordance with Section 8.4 (“Breaches, Defaults and Termination for Cause”), after giving written notice to the Contractor, terminate its right to proceed with the Work or such part of the Work as to which there has been a delay or delays.
(E) In addition to the requirements set forth in Document 01300, “Construction Progress Documentation”, the Contractor shall, if requested by the City, provide revised schedules, or a recovery schedule, within seven (7) calendar days if, at any time, the City considers the successful accomplishment of any Milestone to be in jeopardy. The revised schedule shall be designed to show how the Contractor intends to accomplish the work to meet the required Milestone(s). The form and method employed by the Contractor shall be the same as for the original progress schedule. The Contractor shall modify any portions of the schedule that become infeasible because of “activities behind schedule” or for any other valid reason.

Contractor will provide documents and justification for any schedule changes. An 176
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activity that cannot be completed by its original completion date shall be deemed to be behind schedule.

If Contractor submits any schedule or revised schedule showing an early completion date for the Project, City’s acceptance of this revised schedule shall not entitle Contractor to any delay claim or damages due to or premised upon any such revised schedule. Contractor shall include, as deemed appropriate, sufficient amounts to cover all direct and indirect costs, including, without limitation, the home office and field office overhead costs commensurate with the published contract duration.

8.3.2 MILESTONE COMPLETION AND LIQUIDATED DAMAGES
In addition to the requirements of Section 8-1.10A, “General”, of the Standard Specifications, as modified by the Special Provisions, and Document 00100 (“Notice to Bidders”), Articles 1.04 and 1.05, the following requirements shall also be applicable to this Project:
(A) The Contractor shall complete all Work (inclusive of all Milestones as defined in the Contract Documents), in strict accordance with the Contract Documents, and within the allocated Contract Time(s), subject to approved extension(s) of the Contract Time that may be granted by the City, if any, during the course of the Project. For a further description of applicable Milestones, the Contractor is directed to Document 00100 (“Notice to Bidders”), Articles 1.04 and

1.05 and Section 9 of the Special Provisions.
(B) In the event of a failure on the part of the Contractor to achieve Milestone # 1 Substantial Completion on or before October 15th 2024 the Contractor shall pay to the City Liquidated Damages in the amount of four thousand two hundred dollars ($4,200) per calendar day, in accordance with Section 8-1.10, “Liquidated Damages”, of the Standard Specifications, as modified by Section 8.3.2 of the Special Provisions, and Document 00100 (“Notice to Bidders”), Articles 1.04 and

1.05, for each calendar day beyond October 15th 2024 and continuing until the Contractor achieves Milestone # 1 Substantial Completion. (C) In the event of a failure on part of the Contractor to achieve Milestone # 2 (Final Completion), as defined in Section 9.9 of the Special Provisions) within 15 calendar days after Substantial Completion of the Work has been achieved, and not more than 182 calendar days from the date that the commencement of the Work is authorized pursuant to the Notice to Proceed, the Contractor shall pay to the City Liquidated Damages in the amount of one thousand dollars ($1,000) per calendar day, in accordance with Section 8-1.10, “Liquidated Damages”, of the Standard Specifications, as modified by Section 8.3.2 of the Special Provisions, and Document 00100 (“Notice to Bidders”), Articles 1.04 and 1.05, for each calendar day beyond that portion of the Contract Time within which the Contractor is required to achieve Milestone # 2 (Final Completion).
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(D) In the event Contractor fails, concurrently, to achieve multiple Milestones within the allocated portions of Contract Time as set forth in the Contract Documents, the Liquidated Damages assessed by the City shall be cumulative.

Therefore, the City may, concurrently, assess Liquidated Damages for the Contractor’s s failure to achieve two or more Milestones on the same calendar day. (E) The City reserves the right, in its sole discretion, to make a detailed written determination of the losses and damages incurred arising from the failure of Contractor to achieve any Milestone(s) within the Contract Time, including any approved extensions, and to receive such full recompense from Contractor.

8.3.3 GRADING AND EXCAVATION
No grading, excavation or other land disturbance will be performed pursuant to the Agreement between October 15 and May 1; all Work shall be performed after the issuance of the Notice to Proceed, and Final Completion achieved within the contract time as set forth in these Bid Documents.

8.4 BREACHES, DEFAULTS AND TERMINATION FOR CAUSE
In addition to the requirements of Section 8-1.13, “Contractor’s Control Termination”, of the Standard Specifications, the following requirements shall also be applicable to this Project:
(A) If Contractor fails to begin delivery of material and equipment, to commence the Work or a designated portion of the Work within the time specified in the Contract Documents, to maintain the rate of deliver or material, to execute the Work or designated portion of the Work in the manner and at the specified location(s), or fails to maintain a work program which will ensure the City’s interest, or, if Contractor is not carrying out the intent of the Contract Documents, City’s written notice may be served upon Contractor and Contractor’s surety on the faithful performance bond demanding satisfactory and immediate compliance with the requirements of the Contract Documents. (B) In addition to the event described in (A), if the City deems that the Contractor has persistently or repeatedly refused or failed to supply an adequate workforce, or material of proper quality, or otherwise refuses or fails to diligently prosecute the Work in accordance with the Contract Documents, or any separable part thereof, with such diligence as will ensure its completion within the Contract Time(s) specified in the Contract Documents or authorized extensions thereof, or if Contractor shall fail to make prompt payments to its subcontractors or suppliers, or if there is reasonable evidence to indicate that Contractor is financially insolvent, bankrupt or otherwise unable to satisfy its current and future financial obligations on the Project, or persistently disregards laws, ordinances, regulations, the City Code, the Contract Documents, or the City’s written directions, or has failed in any other respect to prosecute the Work with the diligence and resources as required by the Contract Documents, the City may, after providing at least five (5) business days prior written notice to the Contactor identifying the defaults to be remedied, and the Contractors’ continued failure to remedy the default(s):
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(1) Provide any such labor and/or materials required to perform the Work or designated portion of the Work and deduct the cost from any money due or to become due Contractor; or
(2) If the City considers that the default(s) constitute sufficient basis for such action, provide the Contractor and/or Contractor’s surety or sureties with an additional seven (7) days written notice that if the defaults are not remedied, the Contractor’s control of the Work or designated portion of the Work shall be immediately terminated.
(C) Should City exercise its right to terminate Contractor’s control of the Work, or designated portion of the Work, City may, without prejudice to any other rights or remedies if City and subject to any rights and obligations of Contractor’s surety or sureties:
(1) Terminate Contractor’s control of the Work or designated portion of the Work;
(2) Take possession of the Project site or designated portion of the Project site and all or any of the Contractor’s materials, equipment, tools, appliances, and construction equipment and machinery owned by the Contractor as may be on the Project site and necessary for the performance of the Work or the designated portion of the Work;
(3) Accept assignment of any and/or all subcontractor, supplier, and or rental agreements; and /or
(4) Complete the Work or designated portions of the Work by whatever reasonable method(s) City may deem expedient and appropriate. (D) Upon such termination, the City may take possession, and use all or any part, of the Contractor’s materials, tools, equipment, and appliances upon the premises to complete the work; the City assuming responsibility for the final relinquishment of such equipment at the conclusion of the work, or sooner, at its option, in as good condition as when it was taken over, reasonable wear and tear excepted; and the City agrees to pay for such materials and the use of said equipment at a reasonable compensation. (E) Whenever Contractor shall be and declared by the City to be in default under the Agreement, the Contractor’s surety or sureties, after notice as provided for herein, shall promptly remedy the default in a manner acceptable to the City, or, alternative, timely discharge all obligations under the Performance Bond, which shall include the following:
(1) Undertake through its agents or independent contractors, reasonably acceptable to the City, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Contractor under the Agreement, including without limitation, all obligations with respect to warranties, quality of workmanship, guarantees, and payment of liquidated damages, or at surety’s election, or, if required by the City; (2) Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by the City of the lowest responsive responsible bidder, arrange for a contract between such bidder and the City and make available as work 179
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progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Contractor under the Agreement, including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; or (3) Tender to the City via cashier’s draft the full penal sum of the performance bond.

The need for the surety to act promptly in response to a demand by the City is material to the overall completion of the project. The failure of the surety to perform timely as required hereunder shall enable the City, in its sole discretion, to complete the work or designated portion of the work by whatever reasonable method(s) the City may deem expedient and appropriate and in such event the City shall have the right to recover from Contractor’s surety or sureties the amount of actual damages incurred by the City in excess of the amount of unpaid contract sum. “Actual damages” as used in this Section 8.4(E) includes all reasonably necessary costs incurred to complete the Work, including, but not limited to, the construction administration, management and project management costs incurred by the City’s personnel as well as third parties retained by the City, as well as those incidental and consequential costs incurred due to delays, loss of use, storage, personnel and interest expenses incurred.
(F) If City terminates the Contractor’s control of the Work or portion of the Work in accordance with this Section, the Contractor will not be entitled to receive any further payment until the entire Work or designated portion of the Work is completed and accepted by the City. Contractor and its sureties shall be liable to the City for any and all additional costs, expenses and damages incurred by the City to compete the Work or designated portion of the Work, including compensation for additional managerial, administrative and consulting services, plus the assessment of liquidated damages assessed pursuant to the Contract Documents.
(G) If the cost incurred by the City as the result of the termination of Contractor’s control of the Work or a portion of the Work in accordance with this Section exceed the unpaid Contract Sum, the Contractor and/or the Contractor’s sureties shall pay the difference to the City.
(H) Upon completion and acceptance of the entire Work, Contractor is entitled to the return of all unused materials and its equipment, tools, and appliances, except that Contractor shall have no claim on account of usual and ordinary depreciation, loss, wear and tear.
(I) If City terminates Contactor’s control of the Work for cause, and it is later determined that the termination was wrongful, such default termination will automatically be converted to and treated as a termination for convenience. In such event, Contractor will only be entitled to receive the amounts payable pursuant to Section 8-1.14, “Contract Termination”, of the Standard Specifications, as modified by the Special Provisions, applicable to a termination for convenience of the City, and Contractor expressly waives and Claim for any other amounts or damages, including, but not limited to, any claim(s) for consequential damages, lost profits or loss of bonding capacity. 180
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(J) In the event of any conflict between the requirements of Section 8-1.13, “Contractor’s Control Termination”, of the Standard Specifications, and Section 8.4 (“Breaches, Defaults and Termination for Cause”) of the Special Provisions, the more stringent requirement(s) shall apply.

END OF SECTION 8
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SECTION 9: MEASUREMENT AND PAYMENT

9.1 GENERAL
(A) The Contractor’s attention is directed to the provisions of Section 9, “Payment”, of the Standard Specifications, as modified by these Special Provisions and the Contract Documents, all of which are applicable to this Project. (B) Insert the following at the end of Section 9-1.02C, “Final Pay Item Quantities,” of the Standard Specifications:

When an item of work is designated as final pay in the City’s Authorized Representative’s Estimate, the estimated quantity for an item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the City’s Authorized Representative, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in a increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions, except as otherwise provided for in the Standard Specifications. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.

The estimated quantity for each item of work designated as final pay in the City’s Authorized Representative’s Estimate shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computation, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.

In case of discrepancy between the quantities shown on the plans as final pay quantities and quantity of the same item shown in the City’s Authorized Representative’s Estimate, payment will be made on the final pay quantities shown on the plans.
(C) Delete the following sentences from Section 9-1.03, “Payment Scope”, of the Standard Specifications: “The Department pays 6 percent annual interest for unpaid and undisputed claims. Interest starts to accrue 61 days after the Department accepts a claim statement;” and “The Department pays 6 percent annual interest for awards in arbitration (Civ. Code § 3289).”
(D) Add the following paragraph to Section 9-1.03, “Payment Scope”, of the Standard Specifications:
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No payment or partial payment will be made for any materials on hand which are furnished but are not incorporated in the work. Work completed in place less than two (2) working days prior to the preparation of the monthly pay estimate shall not be eligible for payment until the following month’s estimate.
(E) Insert the following after the third paragraph of Section 9-1.04A, “General”, of the Standard Specifications:

With respect to Work paid by force account associated with a Compensable Delay, the markups specified in this Section for labor, materials and equipment (and subcontractor costs), which includes compensation for all delay costs, overhead costs, and profit, shall be subject to the requirements of Sections 4, 8 and 9 of the Standard Specifications, as modified by the Special Provisions. Pursuant to Section 4-1.05B(7), and unless the City and Contractor agree otherwise pursuant to a Change Order, the markups specified in this Section for labor, materials and equipment (and subcontractor costs) shall not be allowed with respect to any Change Order or Construction Change Directive that includes an allowance to the Contractor for delay costs arising from a Compensable Delay during the first sixty (60) calendar days of Compensable Delay at the Project. (F) Add the following to the end of Section 9-1.04A, “General”, of the Standard Specifications:

Contractor and all subcontractors must maintain records (including daily reports) that provide a clear distinction between the performance of the Force Account Work and the performance of all other operations and Work.

With respect to the documentation of its labor, materials and equipment, Contractor shall furnish to City completed daily Force Account Work reports, on forms furnished by, or acceptable to, the City for each day's Force Account Work.

The daily Force Account Work reports shall be signed by Contractor, and:
(i) must be submitted not later than one (1) workday following the performance of said Work; (ii) must itemize the materials used; (iii) must cover the direct cost of labor and the charges for equipment rental, whether provided by Contractor, subcontractors, or other forces; and (iv) must provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and the size, type and identification number of equipment and hours operated.

Material charges must be substantiated by valid copies of vendor's invoices.

Such invoices must be submitted with the daily Force Account Work reports, or if not available, they must be submitted with subsequent daily Force Account Work reports.
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Contractor’s cost records (including those of its subcontractors and suppliers) pertaining to the Work, including Force Account Work, shall be subject to inspection or audit by the City in accordance with Section 5.4 of the Special Provisions.
(G) Insert the following at the end of Section 9-1.06A, “General”, of the Standard Specifications:

All pay line items will be paid for at the unit prices set forth in the Bid Proposal for the respective items of work. The quantities of work or material stated as unit price items in City’s Authorized Representative's Estimate are supplied only to give an indication of the general scope of the Work; the City does not expressly nor by implication agree that the actual amount of work of material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price item of work by an amount up to and including 25 percent of any bid item, with out a change in the unit price, and shall have the right to delete any bid item in its entirety, or to add additional bid items.
(H) Delete Section 9-1.07, “Payment Adjustments for Price Index Fluctuations”, of the Standard Specifications.
(I) After the first sentence of Section 9-1.11A, “General”, of the Standard Specifications, insert the following: “If applicable pursuant to the requirements set forth in this Section 9-1.11A, this Section shall only apply beyond the first sixty (60) calendar days of Compensable Delay(s).”
(J) Delete the last paragraph of Section 9-1.17C, “Proposed Final Estimate”, of the Standard Specifications.
(K) Delete Section 9-1.17D(1), “General”, of the Standard Specifications, and replace with the following:

If you accept the proposed final estimate or do not submit an exception to the proposed final estimate or a Claim pursuant to Section 9.11 of these Special Provisions within 30 days of receiving the estimate, the Engineer provides you the final estimate and the City pays the amount due within 30 days. This final estimate and payment is conclusive except as specified in sections 5-1.27, 5-1.47, and 9-

1.21. If you submit an exception to the proposed final estimate or a Claim pursuant to Section 9.11 of these Special Provisions within 30 days of receiving the Engineer's proposed final estimate, the Engineer provides you a semifinal estimate and the City pays undisputed amounts due, if any, within 30 days. The semifinal estimate is conclusive as to the amount of work completed and the amount payable except as affected by any claims or as specified in sections 5-1.27, 5-1.47, and 9-1.21. 184
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An exception to the proposed final estimate shall reference any Claim pursuant to Section 9.11 of these Special Provisions previously filed by the Contractor and/or a Claim filed concurrently with the submission of the exception to the proposed final estimate, including the amount of any such Claim(s). (L) Delete Section 9-1.17D(2), “Claim Statement”, of the Standard Specifications. (M) Delete Section 9-1.17D(3), “Final Determination of Claims”, of the Standard Specifications.
(N) Delete Section 9-1.22, “Arbitration”, of the Standard Specifications. The dispute resolution procedures applicable to any Claim(s) denied or reject by the City’s Authorized Representative shall be subject to Section 9.11 of these Special Provisions.

9.2 PROGRESS AND PARTIAL PAYMENTS
In addition to the requirements of Section 9-1.16, “Progress Payments”, of the Standard Specifications, the following requirements shall also be applicable to this Project:
(A) The Contract Sum is stated in the Agreement and, including authorized adjustments thereto, is the total amount payable by the City to the Contractor for the performance of the Work under the Contract Documents.
(B) Within thirty (30) calendar days after the award of the Agreement, and before submission of the first Application for Payment, the Contractor shall submit to the City for approval, a Schedule of Values allocated to the various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the City may require.

This schedule, unless objected to by the City, shall be used only as a basis for the Contractor's Applications for Payment.
(C) The Contractor shall, on or before the first day of each month, make an estimate of the Work performed during the preceding month and submit an itemized Application for Payment, supported by such data substantiating the Contractor's right to payment as the City may require, including appropriate monthly updates to the construction progress schedule, and reflecting retention, if any, as provided elsewhere in the Contract Documents. Absent an express finding pursuant to Public Contract Code section 7201(b) authorizing the City to withhold a higher amount of retention (in excess of 5% of the estimated value of the work done and the labor, materials, equipment, and services provided), the City shall retain an amount from each progress payment not to exceed 5% of the estimated value of the Work done and the labor, materials, equipment, and services provided, all in accordance with Public Contract Code section 7201, and the City shall pay to the Contractor ninety percent (95%) of the value of said Work in place, as checked and approved, within thirty (30) calendar days of the City’s receipt of an undisputed and properly submitted application for payment. The balance of five percent (5%) of the estimate shall be retained by the City until the time of final acceptance of the Work, and release in accordance with requirements of the Contract Documents and California law. In lieu of the five percent (5%) retainage, the Contractor may substitute securities as provided 185
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for in Public Contract Code Section 22300 and Document 00630 (“Sample Escrow Agreement for Security Deposits in Lieu of Retention”). (D) As a condition precedent to payment by City, each itemized Application for Payment shall be accompanied by a current Conditional Waiver and Release Upon Progress Payment, in the form specified by the applicable California Civil Code, from Contractor and each of Contractor’s subcontractors, suppliers, and union trust funds for which payment is sought by the Application for Payment, and an Unconditional Waiver and Release Upon Progress Payment, in the form specified by the applicable California Civil Code, from Contractor and each of Contractor’s subcontractors, suppliers, and any union trust fund for which payment was sought by Contractor in the immediately preceding Application for Payment and for which the City made payment. (E) The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the City, or its assignee, either by incorporation in the construction or upon receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, stop notices, claims, security interest or encumbrances hereinafter referred to in this Section 9 as "liens"; and that no work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing work at the Project or furnishing materials and equipment for the Project, subject to an agreement under which an interest or an encumbrance is retained by the seller or otherwise imposed by the Contractor or such other person. (F) Unless otherwise provided in the Contract Documents, payments may be made, within the sole discretion of the City, on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the Project site and, if approved in advance by the City, payments may similarly be made for materials or equipment suitably stored at some other location agreed upon in writing. Payments for materials or equipment stored on or off the Project site shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the City to establish the City's title to such materials or equipment or otherwise protect the City's interest, including applicable insurance and transportation to the Project site for those materials and equipment stored off the Project site.
(G) The City shall make payment in the manner and within the time provided in the Contract Documents after verifying the accuracy of the Application for Payment. (H) The Contractor shall promptly pay each subcontractor upon receipt of payment from the City, out of the amount paid to the Contractor on account of such subcontractor's work, the amount to which subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the Contractor on account of such subcontractor's work.

The Contractor shall, by an appropriate agreement with each subcontractor, require each subcontractor to make payments to their Sub-subcontractors in similar manner. (I) Neither certification of a progress payment, delivery of a progress payment, nor partial or entire use or occupancy of the Project by the City, shall constitute an acceptance 186
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of any work not in accordance with the Contract Documents, nor shall it be deemed a waiver of City of any remedy it may have in law or equity. (J) California Public Contract Code section 20104.50 sets forth the Legislature’s intent for prompt payment to contractors and establishes the following procedures for timely progress payments and payment of interest:
(1) Any local agency which fails to make any progress payment within thirty (30) Days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of §685.010 of the Code of Civil Procedure.
(2) Upon receipt of a payment request, each local agency shall act in accordance with the following:
(a) Each payment request shall be reviewed by the local agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
(b) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) calendar days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
(c) The number of days available to a local agency to make a payment without incurring interest pursuant to California Public Contract Code §20104.50 shall be reduced by the number of days by which a local agency exceeds the seven-day return requirement.
(d) A progress payment includes all payment due contractors, except that portion of the final payment designated by the contract as retention earnings.
(e) 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 local agency.

9.3 WITHHOLDING OF PAYMENTS
In addition to the requirements of Section 9-1.16E, “Withholds”, of the Standard Specifications, the following requirements shall also be applicable to this Project:

The City may withhold payment in whole or in part to the extent necessary to reasonably protect the City, if it is unable to verify the accuracy of an Application for Payment. If the City is unable to verify the accuracy of an Application for Payment, the City will notify 187
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the Contractor in writing. If the Contractor and the City cannot agree on a revised amount, the City will promptly process payment for those amounts for which it is able to verify.

The City may also decline to make payment to protect the City from loss because of subsequently discovered:
(i) Defective Work not remedied;
(ii) Third party claims filed or reasonable evidence indicating probable filing of such claims, including claims by separate contractors;
(iii) Failure of the Contractor to make payments properly to Subcontractors, or for labor, materials or equipment;
(iv) Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price;
(v) Damage to the City or another contractor;
(vi) Reasonable evidence that the Work will not be accomplished in compliance with the Contract Time;
(vii) Failure to carry out the Work in accordance with the Contract Documents, including, without limitation, the failure to make required submittals; (viii) Stop notice(s) served upon the City;
(ix) Failure to submit certified weekly payrolls;
(x) Failure or refusal of Contractor to comply with the Contract Documents, including the failure of the Contractor to provide any required Warranty/Maintenance Bond; and
(xi) Any other material breach of the Contract Documents by Contractor and/or its subcontractors or suppliers.

When the grounds in Section 9.3, above, are removed, payment shall be made by City for amounts withheld because of them.

In the event of any conflict between the requirements of Section 9-1.16E, “Withholds”, of the Standard Specifications, and Section 9.3 (“Withholding of Payments”) of the Special Provisions, the more stringent requirement(s) shall apply.

9.4 RETAINAGE FROM PAYMENTS
Subject to and in accordance with the requirements of California law (including Public Contract Code section 7201) and the Contract Documents, the City shall hold retainage from the Contractor. The Contractor, or its subcontractors, shall return all monies withheld in retention from a subcontractor within the time periods authorized under California law after receiving payment for Work satisfactorily completed and accepted including 188
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incremental acceptances of portions of the contract Work. Any violation of this provision shall subject Contractor, or its subcontractors, to the penalties, sanctions and other remedies specified under California law. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to City or the Contractor, or its subcontractors, in the event of a dispute involving late payment or nonpayment by Contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE contractors and subcontractors.

Pursuant to Section 22300 of the California Public Contract Code, the Contractor may elect to substitute securities for any monies withheld by the City to ensure performance under the Contract Documents, including Document 00630 (“Sample Escrow Agreement for Security Deposits in Lieu of Retention”). At the request and expense of the 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 then pay such monies to the Contractor. Upon satisfactory completion of the requirements of the Contract Documents, the securities will be returned to the Contractor. Such securities, if deposited by the Contractor, shall be valued by the City, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in Section 22300 of the Public Contract Code.

9.5 PROMPT PROGRESS PAYMENTS TO SUBCONTRACTORS
Contractor, and its subcontractors, shall pay any subcontractor not later than seven (7) calendar days of receipt of each progress payment in accordance with the provision in section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. Any violation of section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section and Section 10262 of the California Public Contract Code. The prime contractor or subcontractor shall return all monies withheld from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the City. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to City or the Contractor, or its subcontractors, in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE subcontractors. The Contractor shall complete and submit to the City, Caltrans Exhibit 9-P by the 15th of each month in which a DBE subcontractor performed work during the previous month of the reporting period. Exhibit 9-P includes the payment amount of all subcontractor work performed during the reporting period.

9.6 USE BEFORE ACCEPTANCE
(A) City has the right to utilize or place into service any item of equipment or other usable portion of the Work before acceptance of the entire Project. Whenever City plans to exercise said right, City’s Authorized Representative will notify Contractor in writing, identifying the specific portions of the Work to be so utilized or otherwise placed into service, hereinafter referred to as “Use Before Acceptance”. 189
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(B) Until City’s Authorized Representative issues such written notification, Contractor is responsible for all care and maintenance of all items or portions of the Work. (C) Upon City’s issuance of written notice of Use Before Acceptance, City accepts responsibility for the protection and maintenance of all such items or portions of the Work described in the written notice, excepting any injury or damage resulting from Contractor’s actions or negligence.
(D) City’s Use Before Acceptance does not constitute acceptance of the Work, or any portion of the Work, by City, nor will it relieve Contractor of responsibility for correcting defective and/or deficient Work or materials found at any time before acceptance of the Work or during the Guarantee period after City’s acceptance. (E) Notwithstanding any Use Before Acceptance, Contractor retains full responsibility for fulfillment of all the requirements of the Contract Documents. (F) Should the City elect to partially occupy or use portions of the Work prior to acceptance, Contractor must perform final cleaning and any other preparations as required by the City, at the direction of the City, prior to their being so occupied or used.

9.8 SUBSTANTIAL COMPLETION
(A) When the Contractor considers the Work, or a designated portion of the Work, to be substantially complete as defined in the Special Provisions, the City shall inspect the Work and prepare a list of items to be complete or corrected. The failure to include any item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. For purposes of the Contract Documents, the term “Substantial Completion”, or “substantially complete”, shall mean that the construction is sufficiently complete, in accordance with the Contract Documents, that the City can occupy or utilize the Work or a designated portion thereof for the use for which it is intended.
(B) Upon Substantial Completion of the Work or designated portion thereof, and upon application by the Contractor and certification by the City, the City shall make payment, reflecting adjustments in retainage, if any, for such work completed or portion thereof as provided in the Contract Documents.
(C) When the City, on the basis of inspections, determines that the Project or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion.

9.9 FINAL COMPLETION AND PAYMENT
(A) For purposes of the Contract Documents, the term “Final Completion” shall mean that the acceptance of the entire Work in accordance with the Contract Documents. (B) With respect to the final inspection and final payment procedures applicable to the Project, Contractor’s attention is directed to Section 9-1.17, “Payment After Contract 190
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Acceptance”, of the Standard Specifications, as modified by these Special Provisions and the Contract Documents, which shall be applicable to this Project. (C) Following the City’s issuance of the Certificate of Substantial Completion of the Work or designated portion thereof, and the Contractor’s completion of the Work, the Contractor shall forward to the City a written notice that the Work is ready for final inspection and acceptance, and shall also forward to the City a final Application for Payment. Upon receipt, the City will promptly make such inspection. When the City finds the Work acceptable under the Contract Documents and the Agreement fully performed, the City shall issue the proposed final estimate (pursuant to Section 9.1.17C, “Proposed Final Estimate”, of the Standard Provisions).
(D) The City shall also cause a Notice of Completion to be recorded in the Office of the County Recorder upon Final Completion. Unless the Contract Documents provide to the contrary, all warranties and guarantees required by the Contract Documents shall commence on the date of the recording of the Notice of Completion of the Project. (E) Upon the City’s issuance of the proposed final estimate, Contractor shall strictly comply with the requirements of Sections 9-1.17C, “Proposed Final Estimate”, and 9-

1.17D, “Final Payment and Claims”, of the Standard Specifications, as modified pursuant to the Special Provisions, and including, without limitation, all requirements regarding the filing of claims in advance of final payment.
(F) Neither the final payment nor the remaining retainage shall become due until the Contractor submits to the City: (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or the City’s property might in any way be responsible, have been paid or otherwise satisfied, (2) consent of surety, if any, to final payment, (3) other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Agreement, to the extent and in such form as may be designated by the City; and (4) any and all other documentation and data (including, without limitation, any Maintenance/Warranty Bond) required under the Contract Documents. (G) If, after Substantial Completion of the Work, Final Completion is materially delayed through no fault of the Contractor or by the issuance of Change Orders affecting Final Completion, the City shall, upon application by the Contractor and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted.
(H) The making of final payment shall not constitute a waiver of any claims by the City. (I) Subject to the terms of the Contract Documents, the acceptance of final payment shall, after the date of Substantial Completion of the Project, constitute a waiver of all Claims by the Contractor absent Contractor’s strict compliance with Section 9-1.17D, “Final Payment and Claims”, of the Standard Specifications, as modified pursuant to the Special Provisions.
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(J) All provisions of this Agreement, including without limitation those establishing obligations and procedures, shall remain in full force and effect notwithstanding the making or acceptance of final payment.
(K) Final payment will be made in accordance with the Contract Documents and California law, including, without limitation, Public Contract Code § 7107. (L) Pursuant to Public Contract Code § 7107, in the event of a dispute between the City and Contractor, the City may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.

9.10 COMPENSATION FOR COMPENSABLE DELAY
In addition to the requirements of Section 8-1.07C, “Payment Adjustments”, Section 9-

1.04, “Force Account”, and Section 9-1.11, “Time-Related Overhead”, of the Standard Specifications, as modified by the Special Provisions, the following requirements shall also be applicable to this Project:
(A) Definitions:
(1) For purposes of the Contract Documents, the term “Excusable Delay” means any delay to the completion of the Project beyond the expiration of the Contract Time(s) caused by conditions beyond the control and without the fault or negligence of the Contractor (or its subcontractors or suppliers) such as strikes, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions in which the work cannot continue. The financial inability of the Contractor or any subcontractor and default of any subcontractor, without limitation, shall not be deemed conditions beyond the Contractor's control. (Subject to the Contract Documents, an Excusable Delay may entitle the Contractor to request an adjustment in the Contract Time (including, without limitation, pursuant to Section 8.1.07B, “Time Adjustments”, of the Standard Specifications, and Section 8.2 of the Special Provisions), but shall not entitle the Contractor to any adjustment in the Contract Sum); and
(2) For purposes of this Contract Documents, the term “Compensable Delay” means any delay of the completion of the Work beyond the expiration date of the Contract Time(s) for which the City is solely responsible due to its conduct or inaction (and not including delays arising from Excusable Delay, weather or “Acts of God”) and which delay is unreasonable under the circumstances involved, and not within the contemplation of the parties, but shall not include any delay to the performance of the Work to the extent that Contractor’s performance is, was or would have been suspended, delayed or interrupted by another cause for which Contractor (or its subcontractors or suppliers) is/are solely or partially responsible (i.e., concurrent Contractor-caused delays). Subject to the terms of the Contract Documents, a Compensable Delay may entitle the Contractor to an extension of the Contract Time and/or Contract Sum. Except as provided for under the Contract Documents, and subject to Public Contract Code section 7102, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. 192
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(B) If after timely notice from the Contractor the City’s Authorized Representative agrees that the cost and/or time required for the performance of the Work has increased as a result of any Compensable Delay, the City’s Authorized Representative will make an adjustment to the Contract Time and/or Contract Sum in accordance with the Contract Documents and all provisions therein that may establish the amount of all delay costs, direct and indirect (and inclusive of all expenses and damages, including, without limitation, jobsite and home office overhead costs and extended general conditions), that Contractor (and all subcontractors and suppliers, of any tier) may recover during the first sixty (60) calendar days of Compensable Delay, including, without limitation, Document 00400.4.2 (“Bid Proposal”) and Section 9.10 (“Compensation for Compensable Delay”) of the Special Provisions. No adjustment will be made for any increase in the Contract Sum required for the performance of the Work to the extent that Contractor’s performance is, was or would have been suspended, delayed or interrupted by any Excusable Delay or another cause for which Contractor (or its subcontractors or suppliers) is/are solely or partially responsible (i.e., concurrent Contractor-caused delays). (C) In accordance with the Contract Documents, including, without limitation Document 00400.4.2 (“Bid Proposal”), the daily amount that Contractor may charge to the City for all delay costs, direct and indirect (and inclusive of all expenses and damages, including, without limitation, jobsite and home office overhead costs and extended general conditions) applicable to the first sixty (60) calendar days of Compensable Delay is the amount set forth in Document 00400.4.2 (“Bid Proposal”). This sum shall represent the exclusive and sole amount (i.e., payment in full for any and all direct and indirect delay costs) that Contractor, on behalf of itself and subcontractors and suppliers, of every tier, shall receive for any and all Compensable Delay(s) during the first sixty (60) calendar days of actual, Compensable Delay at the Project.
(D) Delay costs that may arise from Compensable Delay beyond the first sixty (60) calendar days of a Compensable Delay, if allowable, shall thereafter be governed by, and subject to, the applicable provisions of Sections 8 and 9 of the Standard Specifications, as modified by the Special Provisions, and the Contract Documents. (E) With respect to any Change Order or Construction Change Directive that shall result in an adjustment of Contract Time due to a Compensable Delay, and unless the City and Contractor agree otherwise pursuant to a Change Order, the requirements set forth in this Section 9.10 shall apply in full force and effect. Unless the City and Contractor agree otherwise pursuant to a Change Order, Contractor shall not be entitled to any separate mark-up on its labor, material or equipment costs, or those incurred by its subcontractors or suppliers, during the first sixty (60) calendar days of Compensable Delay, including, without limitation, any mark-up for overhead, profit or general conditions, otherwise allowed on labor, materials and equipment pursuant to the Contract Documents.

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9.11 CLAIMS AND DISPUTE RESOLUTION
Contractor’s surety or sureties shall be bound by any award or judgment rendered in any proceeding arising from the Project or undertaken in accordance with the Contract Documents. Further, Contractor’s surety or sureties shall be bound by and subject to the dispute resolution provisions set forth herein at Section 9.11 (“Claims and Dispute Resolution”) of the Special Provisions, and Contractor’s surety or sureties shall, at the request of City (or Contractor), participate in any dispute resolution proceedings, including mediation or litigation, that occur pursuant to the Contract Documents.

9.11.1 General. The parties intend that differences between the City and Contractor, arising under the Agreement, be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The City and Contractor agree to initially strive to resolve all disputes amicably and in an informal manner. Any dispute resolved informally shall be documented by the Engineer, and if the dispute resolution involves a change in the Contract Work, increase or decrease in the compensation due the contractor, or adjustment in the time of completion of the Work, then the informal dispute resolution shall be confirmed by a Change Order pursuant to the Contract Documents. Informal discussions or negotiations with the Engineer or other City representatives concerning informal resolution of a dispute shall not toll or suspend the claim filing and other deadlines provided below, unless so provided by the Engineer in writing. Contractor, and Contractor’s surety or sureties, shall be bound by and subject to the dispute resolution provisions as set forth in these Special Provisions, and Contractor’s surety or sureties shall, at the request of the City (or Contractor), participate in any dispute resolution proceedings, including mediation or litigation that may occur pursuant to the Contract Documents.

9.11.2 Compliance Required. Contractor shall not be entitled to any additional time to complete Work or to the payment of any additional compensation for claimed extra work (or otherwise on account of any claim, cause, act, failure to act, or happening of any event or occurrence) unless the City has issued a Change Order pursuant to the Contract Documents, or a Claim has been timely filed and approved pursuant to the Contract Documents, including, without limitation, Section 9.11 of the Special Provisions. If the Contractor fails to timely file a written Claim in accordance with the Contract Documents, then the Contractor shall be deemed to have waived any right or remedy to thereafter pursue the claim against the City in any administrative, arbitration or litigation proceeding.

9.11.3 Definition of Claims. A claim for purposes of this section 9.11 means a separate demand by the Contractor for (a) a time extension (including a demand for relief from damages or penalties for delay assessed by the City under the Agreement), (b) payment of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (c) an amount the payment of which is disputed by the City.

9.11.4 Requirements for Filing of Contract Claim; Contents; Filing Deadline 194
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(A) Contents. The Contractor may file a “Contract Claim” with the Engineer. A Contract Claim must (a) be in writing; (b) be labeled or clearly indicated as a claim under the Agreement; (c) set forth in detail the reasons why the Contractor believes additional compensation or a time extension is or may be due, the nature of the costs involved, and, insofar as possible, the amount of the Claim (inclusive of all specified information and materials as set forth in Section 5-1.43A (“Initial Contract Claim Record”) of the Standard Specifications, as revised pursuant to Section 5.1 of the Special Provisions); (d) include (or reference earlier provided) documents that support and substantiate the Claim; and (e) include the following certification, properly completed and executed by Contractor or any officer of Contractor:

I, _______________________________BEING THE ______________________(must be an owner or officer) OF____________________(CONTRACTOR), DECLARE

UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND I DO PERSONALLY CERTIFY AND ATTEST THAT: I HAVE

THOROUGHY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL

COMPENSATION AND/OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT

AND/OR CONTRACT TIME EXTENSION REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE OWNER IS LIABLE; AND FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTON 72 AND CALIFORNIA GOVERNMENT CODE SECTION 12650, ET SEQ.,

PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND

THAT SUBMISSION OR CERTIFICATION OF A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER SEVERE LEGAL CONSEQUENCES. (B) Filing Deadline. A Contract Claim must be submitted to the Engineer within the following claim filing deadlines: (a) if a deadline is set forth in the Contract Documents for filing of the particular Claim, then the Claim must be filed by the specified time; (b) if the Claim relates to extra, additional or unforeseen work for which the Contractor intends to demand additional compensation, a time extension, or both, notice shall be given to the Engineer prior to the time that the Contractor commences performance of the work giving rise to the potential claim for additional compensation or time extension, and Contractor shall not proceed with that work until so directed by the Engineer; and (c) for all other Claims not included within (a) or (b), the claim must be filed on or before 15 days after the date of the occurrence, event or circumstance giving rise to the Claim. In no event shall a Contract Claim be filed later than the date of final payment.

9.11.5 Claims Subject to Public Contract Code Section 9204; Procedure (A) Application. Section 9.11.5(A) through (C) applies solely to the handling and resolution of a Contract Claim(s) sent to the City by registered mail or certified mail with return receipt requested in accordance with Public Contract Code section 9204(c)(1).
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(B) Claims Handling Procedure. With respect to any Contract Claim(s) sent to the City in accordance with Section 9.11.5(A), the provisions of Public Contract Code section 9204 shall apply, and are hereby incorporated by reference into these Standard Provisions and set forth in full in Appendix A to Section 9 of the Standard Provisions.
(C) Claims Procedure Post-Mediation. In the event mediation, if any, is unsuccessful pursuant to Public Contract Code section 9204, and all or parts of the Contract Claim(s) remain in dispute, then the Contractor shall thereafter comply with the Claim procedures as set forth at Section 9.11.6 (“Claims Equal to or Less Than $375,000”) or Section 9.11.7 (“Claims Exceeding $375,000”), as applicable.

9.11.6 Claims Equal to or Less Than $375,000; Procedure (A) Application. This Section applies solely to the handling and resolution of a Contract Claim(s) that is/are in an amount equal to or less than Three Hundred Seventy-Five Thousand Dollars ($375,000).
(B) Claims Handling Procedure. With respect to any Contract Claim(s) subject to Section 9.11.6(A), the provisions of Public Contract Code section 20104, et seq. shall apply, and are hereby incorporated by reference into these Standard Provisions and set forth in full in Appendix B to Section 9 of the Standard Provisions. (C) Agreement to Opt-Out. Notwithstanding anything to the contrary in the Contract Documents, the City and Contractor may mutually agree at any time, in writing, that any Claim(s) to which the obligations set forth in Section 9.11.6 apply (i.e., unresolved Claims in an amount equal to or less than $375,000) shall be subject to the dispute resolution requirements as set forth in Section 9.11.7 applicable to the resolution and handling of claims in an amount in excess of $375,000. Should the City and Contractor so agree in writing, the parties shall follow the requirements with respect to mediation and, if necessary, litigation, in accordance with Section 9.11.7.

9.11.7 Claims Exceeding $375,000; Procedure
(A) Application. This Section applies solely to the handling and resolution of a Contract Claim(s) that is/are in an amount exceeding Three Hundred SeventyFive Thousand Dollars ($375,000). (B) Claims Handling Procedure, Final Claim Determination. With respect to any Contract Claim(s) subject to Section 9.11.7(A), the following shall apply:
(i) Regardless as to whether Contractor has previously submitted a Contract Claim pursuant to Section 9.11.5(A) of the Special Provisions, any Claim subject to Section 9.11.7(A) of the Special Provisions shall be augmented to include of all specified information and materials as set forth in Section 5-1.43B (“Final Contract Claim Record”) of the Standard Specifications, as revised pursuant to Section 5.1 of the Special Provisions) 196
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(ii) The Engineer shall review facts pertinent to the Claim and obtain any additional information deemed necessary for a decision, if any. The Engineer shall render a written decision on the Claim within 60 days of receipt of the Claim submitted in accordance with Section 9.11.7 (“Final Claim Determination”).
(iii) If Contractor disputes the Final Claim Determination of the Engineer, or if the Engineer fails to respond within the time prescribed, Contractor may so notify the City, in writing, either within 15 days of receipt of the written decision or the Engineer’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the Engineer shall schedule a meet and confer conference within 30 days for the purpose of discussing settlement of the Claim.
(iv) Submission of a Claim, in conformance with all the requirements of the Contract Documents, and rejection of all or part of said Claim by the Engineer, is a condition precedent to any further action upon the Claim by the Contractor.
(C) Mediation. The City and Contractor (and Contractor’s surety or sureties, if requested to participate by City) agree to engage in good faith efforts to seek to resolve any outstanding Contract Claims submitted pursuant to Section 9.11.7 by mediation prior to proceeding with, and as a condition precedent to, further dispute proceedings. Any Contract Claim(s) or other disputes raised by the City which remain unresolved may, at the election of the City, be mediated subject this Section. (i) Initiation of Mediation: Within ten (10) calendar days after the City issues its Final Claim Determination pursuant to Section 9.11.7(B)(i), or the conclusion of any meet and confer conference pursuant to Section

9.11.7(B)(ii), either party may initiate mediation of a Contract Claim or dispute by notifying the other party, in writing, of its intent to mediate any Contract Claim(s) denied or rejected by the City or otherwise in dispute.

Contractor hereby expressly waives all Claims not timely submitted to mediation in accordance with this Section.
(ii) Request for Mediation: A request for mediation must be in writing and set forth a brief statement that identifies the Claim(s), the asserted damages, the names, addresses, and contact information of the parties, and identify their authorized representative, if any, that will participate in the mediation.
(iii) Selection of Mediator: Upon receipt of a request for mediation, within fourteen (14) calendar days, the parties will meet and confer to select an appropriate mediator agreeable to all parties. If the parties cannot agree on a mediator, they hereby agree to accept a mediator to be appointed by a recognized alternative dispute resolution organization, such as the 197
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American Arbitration Association or JAMS. The parties agree that any neutral selected or appointed to preside over the mediation shall be an attorney admitted to practice law in the State of California or a retired judge, and he or she shall possess at least 10 years’ experience practicing law in the substantive areas of public contracting, public construction contracts and construction litigation.
(iv) Time and Place of Mediation: The mediator, using advice and input from the parties, shall set the time of each mediation session, as well as the mediation protocol (i.e., submission of briefs, statement of damages, etc.). The mediation will be held at any convenient location agreeable to the mediator and the parties, as the mediator determines. All reasonable efforts will be made by the parties and the mediator to schedule the first session within thirty (30) calendar days after selection of the mediator. (v) Expenses: All fees paid to the mediator, including any required traveling and other expenses of the mediator, will be shared equally among the parties to the mediation.
(vi) Termination of Mediation: The mediation may be terminated: (a) by the execution of a settlement agreement by the parties; (b) by a written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or (c) by a writing on behalf of a party or parties to the effect that the mediation proceedings are terminated. (vii) Privileges and Protections: All meetings, communications and correspondence relative to the mediation procedures set forth in this Section shall be subject to any applicable mediation or settlement-related privilege afforded under California law, including, without limitation, California Evidence Code §§1115, et seq., 1152 and 1154.
(D) Presentation of Statutory Claim. For purposes of the mediation procedure set forth in this Section, the running of the time period within which a claim (other than a tort claim) must be filed 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 shall be tolled from the time a written request for mediation is submitted until the time that the mediation process is terminated. However, nothing in this Section or the Contract Documents is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with §900) and Chapter 2 (commencing with §910) of Part 3 of Division 3.6 of Title 1 of the Government Code. If, at the termination of the mediation proceedings pursuant to this Section

9.11.7, the Claim(s), or any portion thereof, remain(s) in dispute, and as a condition precedent to the commencement by Contractor of any litigation arising from or related to the Contract Documents, the provisions of California law applicable to the presentation of claims and prosecution of disputes by the Contractor shall apply to Claims asserted by the Contractor, including, without limitation, Chapter 1 198
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(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. Contractor shall be responsible to fully satisfy and comply with all such requirements as may be applicable to any Claim(s) presented by Contractor. Any litigation arising out of the Contract Documents shall be brought in the El Dorado County Superior Court, and Contractor expressly waives the removal provisions of California Code of Civil Procedure Section 394.

9.11.8 Contract Work Pending Claim Resolution. In the event of any dispute between the City and Contractor, or during the pendency of any Contract Claim(s) or associated proceedings under this Section or the Contract Documents, Contractor shall not stop, or delay performance of, the Work, but shall prosecute the Work diligently to completion in the manner directed by the Engineer.

9.11.9 Disputes Involving Architect or Design Professionals. In the event that any Claim(s) asserted by the Contractor arise from or is/are related, in any manner, to conduct or actions for which the Project Architect or other design professional may be responsible, the parties acknowledge and agree that the City may, in its sole discretion, require the participation and/or joinder of the Project Architect or other design professional in any dispute proceeding under this Section. This right shall remain solely within the discretion of the City, and Contractor shall have no rights under the Contract Documents to require or seek to compel the participation and/or joinder of the Project Architect or other design professional in any dispute proceeding under this Section or elsewhere under the Contract Documents.

9.11.10 Application of Section. The procedures and remedies set forth in this Section shall not apply to: (i) any claim by the City against the Contractor or its surety or sureties (unless the City, in its sole discretion, opts to proceed hereunder); (ii) any claim or dispute relating to stop notices; or (iii) any claim relating to the approval, refusal to approve or substitution of any subcontractor, regardless of tier, pursuant to Public Contract Code section 4700, et seq.
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APPENDIX A (Special Provisions): CLAIMS RELATING TO PUBLIC CONTRACTS:

Public Contract Code - §9204 - Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process:
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
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(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
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(B) 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 public entity shall provide the claimant 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 public entity 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 public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. 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. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) 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. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did 202
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not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

APPENDIX B (Special Provisions): CLAIMS EQUAL TO OR LESS THAN $375,000:

Public Contract Code - §20104 - Application of article; provisions included in plans and specifications:
(a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article

7.1 (commencing with §10240) of Chapter 1 of Part 2.
(b)(1) "Public work" means "public works contract" as defined in Section 1101 but does not include any work or improvement contracted for by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor 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 for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. 203
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(d) This article applies only to contracts entered into on or after January 1, 1991.

Public Contract Code - §20104.2 - Claims; requirements; tort claims excluded:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of Final Payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 Days of receipt of the claim, or may request, in writing, within 30 Days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 Days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 Days of receipt of the claim, or may request, in writing, within 30 Days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 Days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 Days of receipt of the local agency's response or within 15 Days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issue in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 Days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with §900) and Chapter 2 (commencing with §910) of Part 3 of Division 3.6 of Title 1 of the Government Code.

For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to 204
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subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with §900) and Chapter 2 (commencing with §910) of Part 3 of Division 3.6 of Title 1 of the Government Code.

Public Contract Code - § 20140.4 - Civil action procedures; mediation and arbitration; trial de novo; witnesses:
(a) Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleading, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. 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 or by stipulation of both parties. If the parties fail to select a mediator within the 15-Day period, any party may petition the court to appoint the mediator.
(b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with §1141.10) of Title 3 of Part 3 of the code of Civil Procedure, notwithstanding § 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with §2016.010) 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. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with § 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.

Public Contract Code - §20140.6 - Payment on undisputed portion of claim; interest on arbitration awards or judgments:
(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
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(b) In any suit filed under § 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

END OF SECTION 9

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SECTION 10 CONSTRUCTION DETAILS ...................................................................... 192 10-1.01 CONTROL OF WORK ....................................................................................... 192 10-1.02 MOBILIZATION ................................................................................................ 193 10-1.03 PERMITS ............................................................................................................. 193 10-1.04 PROJECT SIGN .................................................................................................. 194 10-1.05 WATER POLLUTION CONTROL .................................................................. 194 10-1.06 CONTROL OF WATER ..................................................................................... 195 10-1.07 RELATIONS WITH TAHOE REGIONAL PLANNING AGENCY ............. 196 10-1.08 COOPERATION ................................................................................................. 197 10-1.09 OBSTRUCTIONS ................................................................................................ 198 10-1.10 CONSTRUCTION STAKING ........................................................................... 200 10-1.11 CONSTRUCTION AREA SIGNS...................................................................... 201 10-1.12 RECORD DRAWINGS ....................................................................................... 201 10-1.13 MAINTAINING TRAFFIC ................................................................................ 201 10-1.14 TRAFFIC CONTROL......................................................................................... 203 10-1.15 TRENCH SHORING........................................................................................... 204 10-1.16 TEMPORARY EROSION CONTROL DEVICES .......................................... 204 10-1.17 TREE AND VEGETATION PROTECTION ................................................... 205 10-1.18 CLEARING AND GRUBBING ......................................................................... 205 10-1.19 TREE REMOVAL ............................................................................................... 206 10-1.20 EARTHWORK .................................................................................................... 207 10-1.21 WASTE MATERIAL .......................................................................................... 208 10-1.22 CONSTRUCTION WATER ............................................................................... 209 10-1.23 UTILITY RELOCATION AND ADJUSTMENT ............................................ 209 10-1.24 AGGREGATE BASE, DRAINFILL/DRAIN ROCK ...................................... 209 10-1.25 ASPHALT CONCRETE .................................................................................... 210 10-1.27 HIGH DENSITY POLYETHYLENE PIPE (HDPE) ....................................... 224 207
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10-1.28 TYPE B1 SEDIMENT TRAP ............................................................................. 224 10-1.29 PORTLAND CEMENT CONCRETE ............................................................... 225 10-1.30 ROCK SLOPE PROTECTION ......................................................................... 226 10-1.31 EXISTING FACILITIES .................................................................................... 227 10-1.32 REVEGETATION ............................................................................................... 229 10-1.33 SIGNS AND PAVEMENT MARKINGS........................................................... 234 208
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SECTION 10 CONSTRUCTION DETAILS
10-1.01 CONTROL OF WORK
Order of work shall conform to the provisions in Section 5-1.05, "Control of Work," of the Standard Specifications and these special provisions. Attention is directed to Section 10-1.13, “Maintaining Traffic,” of these special provisions.

The Contractor shall submit a construction schedule in accordance with the provisions of this section, these special provisions and the Standard Specifications for review and approval by the Engineer. The order of work shall be in accordance with all regional, state and local regulations, including what has been stated in the Storm Water Pollution Prevention Plan (SWPPP), Tahoe Regional Planning Agency (TRPA), and Regional Water Quality Control Board (Regional Board). The Contractor will be responsible for meeting all the requirements of the SWPPP, TRPA, and Regional Board Regulations. In the event fines are levied by these agencies for work by the Contractor, either to the City or Contractor, the Contractor shall be solely responsible for all costs associated with said fines. In the event the Regional Board, USFS, or TRPA issues a stop work order the Contractor will not be granted any additional working days, and the working days during which no work is performed will be counted as Contract working days.

The first order of work on the construction of the project, following Mobilization and installation of the Project Sign, will be potholing potential conflicts with existing utilities. Attention is directed to section 10-1.07, “Obstructions,” of these special provisions, for the list of utilities which shall be notified 48 hours prior to the start of potholing operations. Some of the most critical conflict areas are shown on the plans and shall be addressed prior to any construction occurring on the project, with exception of temporary erosion control related work. It is the responsibility of the Contractor to pothole to locate or verify all potential utility conflicts. Upon completion of the required potholing, to the Engineer’s satisfaction and after notifying utilities of any conflicts, the Engineer will authorize in writing that the Contractor may proceed with the next order of work, as described in the construction schedule.

Work shall be performed in a manner that will minimize inconvenience to residents, businesses and the public including the amount of time that a property ingress/egress is closed.

Additionally, if any property has more than one property ingress/egress, the Contractor shall maintain at a minimum one access to the property at all times. The Contractor shall notify property owners a minimum of 48 hours prior to closing off access to any property. The Contractor shall notify the owner by posting a City prepared letter on the door of the building.

The Contractor shall receive approval by the Engineer prior to any work being commenced.

The storm drain system shall be constructed starting at the lowest elevation as allowed by direction given herein these special provisions. In order to minimize the impact to the residents and businesses in the project area the Contractor shall complete work in one area prior to starting work in another area as directed by the Engineer. This excludes temporary erosion control measures.
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Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices for the various items of work involved and no additional payment will be made therefor.
10-1.02 MOBILIZATION
Attention is directed to Section 9-1.16D “Mobilization,” of the Standard Specifications.

The Contract lump sum price paid for Mobilization shall include full compensation for obtaining all bonds, insurance, and permits; plus all labor, materials, tools, equipment, and incidentals required for the performance and completion of the work as shown on the plans and specified in the Standard Specifications, these special provisions, and as directed by the Engineer. Mobilization shall also include the following items:

Providing on-site sanitary facilities.

Posting all OSHA required notices and establishment of safety programs.

Posting of all Prevailing Wage Requirements.

Preparing and transmitting all required Submittals.

Washing and Cleaning Equipment prior to bringing equipment on site, as required by the TRPA, City, Caltrans, and the Regional Water Quality Control Board.

De-mobilization
Pothole potential utility conflicts as provided in sections 10-1.01 and 10-1.07, “Order of Work” and “Obstructions,” respectively, of these special provisions.

TRPA pre-grade meeting.

Pre-construction nesting bird survey
As part of mobilization, a pre-construction nesting bird survey shall be conducted. Attention is directed to the Environmental Assessment and section 14-6 of the Standard Specifications. The nesting bird survey shall be considered as included in the lump sum price for mobilization.

Full compensation for the Mobilization Contract item as specified above shall be considered as included in the lump sum price bid, with no additional compensation allowed therefor. 10-1.03 PERMITS
The Contractor shall secure any permits required for completion of the work including STPUD fire hydrant connection and necessary City of South Lake Tahoe permits and pay all costs associated with obtaining the permits. This does not include TRPA and the Regional Board permits.

Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed, therefor.
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10-1.04 PROJECT SIGN
Work under this item shall consist of furnishing all labor, tools, materials, and equipment necessary to furnish and install the project sign the Standard Specifications, these special provisions and as shown on the plans.

Contractor’s attention is directed to Section 5-1.21“Waste Material,” of these special provisions.

The sign will be located as directed by the Engineer in the field. The sign material will be:
6 foot width x 4 foot height, 3/4" Crezon or Duraply sign board or equal Background to be painted off-white enamel, 2 coats
Lettering and striping to be royal blue
Back of sign to be painted green
Posts (2 total) to be 4' x 6 ' pressure treated fir embedded 4 feet into the ground Bottom of sign shall be mounted at a height of 3 to 4 feet.

The City may choose, at its sole discretion, to have the project sign remain on the project site upon completion of construction of the project. In the event the City chooses this, the sign will remain and become the sole property of the City. The Contractor will be notified by the Engineer whether the sign will remain or be removed by the Contractor upon completion of construction.

The cost for the Project Sign Contract item shall be included on the contract prices paid for the various items of work and no additional compensation will be allowed therefor. 10-1.05 WATER POLLUTION CONTROL
Water pollution control shall conform to the requirements in Section 13, “Water Pollution Control” of the Standard Specifications and these special provisions.

In addition to the requirements in said Section 13, the Contractor’s program to control water pollution shall include storm water pollution prevention through erosion control measures to prevent, to the extent feasible, any net increase in pollution of storm water runoff from entering waterways. The storm water pollution prevention program shall include all the requirements of said Section 7-1.01G and the permit requirements specified herein.

This project is subject to the General Waste Discharge Requirements of Board Order No. R6T2005-0007 issued by the State of California Regional Water Quality Control Board (CRWQCB) and the SWPPP. Copies of the permits and initial SWPPP are included in the Appendix of these special provisions. The permits regulate storm water and have specific requirements covering work to be performed under this Contract. The Contractor shall meet the permit requirements for Best Management Practices, Discharge Specifications and Prohibitions, Provisions, and all agency approval conditions.
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The initial SWPPP for the project is included in the Appendix of these Special Provisions. The Contractor shall maintain a copy of the SWPPP and all amendments thereto at the construction site and shall make the SWPPP available during construction activities. The Contractor shall be responsible for preparing all amendments to the SWPPP. The Contractor shall submit the prepared amendment to the Engineer for review and approval prior to submitting the amendment to the Regional Board for their review and approval, and prior to the Contractor starting construction. This work can be accomplished prior to the execution of the contract and receipt of the necessary bonds and insurances. The Contractor shall be responsible for implementing the requirements of the SWPPP and shall be responsible for updating the SWPPP and implementing the updated requirements, as necessary, through the life of the contract.

It shall be the Contractor’s responsibility to fully inform himself or herself of the conditions of the permit and shall conduct his or her construction operations accordingly. Specifically, the Contractor shall comply with the permits’ discharge prohibitions and receiving water limitations.

The Contractor shall be responsible for the cleanup of all asphalt spoils generated from the project. Cleaning out of any paving equipment by spreading of asphalt concrete spoils on unpaved surfaces is not allowed. Diesel fuel spilled onto unpaved areas shall be removed immediately.

Conformance with the requirements of this section shall in no way relieve the Contractor from the responsibilities as provided in Section 5-1.36, “Property and Facility Preservation.” Any change in the agency’s conditions of approval as proposed by the Contractor shall be submitted to the Engineer for transmittal to the CRWQCB for their approval.

Full compensation for conforming to the requirements in Section 13, “Water Pollution Control,” of the Standard Specifications and these special provisions shall be considered as included in the Contract prices for the various items of work involved and no additional compensation will be allowed therefor.
10-1.06 CONTROL OF WATER
Work described in this section shall conform to the provisions of Section 13, “Water Pollution Control,” of the Standard Specifications, these Special Provisions, the TRPA Handbook of Best Management Practices, and Living with Fire, Second Edition and the Permits that regulate water discharges associated with construction activities. In case of conflict between any of these requirements, the most stringent shall apply.

As part of the water pollution control work, a Control of Water Plan is required for this Contract.

The Control of Water Plan shall conform to the requirements in Section 13, “Water Pollution Control,” of the Standard Specifications, the requirements in the TRPA Handbook, the requirements of the Permits and these Special Provisions. Attention is drawn to Section 10-1.05, Water Pollution Control of these Special Provisions, with specific reference to SWPPP 212
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submittals. The Contractor will be required, upon award, to update the preliminary Control of Water Plan with detailed information that includes, but is not limited to:

1. Name of General Developer/Contractor’s company.

2. Name, address, and telephone number of the Contractor's Foreman.

3. List of all Contractors and subcontractors associated with project.

5. Emergency contact person and 24-hour phone number.

4. Schedule of values for Contract item Control of Water.

5. All other information required for the Control of Water Plan.

No work having potential to cause water pollution as determined by the Engineer shall be performed until the updated SWPPP and Control of Water Plan has been accepted by the Engineer.

Contractor shall submit three (3) copies of the updated Control of Water Plan to the Engineer for review and comment no later than five (5) working days after the pre-construction conference.

Construction shall not begin until the updated Control of Water Plan has been reviewed and accepted by the Engineer and all materials required for work are on site. The Contractor shall allow five (5) working days for the Engineer’s review. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the updated Control of Water Plan within five (5) calendar days of receipt of the Engineer’s comments and shall allow five (5) working days for the Engineer to review the revisions. Upon acceptance of the updated Control of Water Plan by the Engineer, three (3) additional copies of the updated Control of Water Plan, incorporating all the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally accept the updated Control of Water Plan while minor revisions are being completed. Failure to submit an acceptable updated Control of Water Plan shall not in any way delay the start of the Contract working days.

Full compensation for conforming to the requirements of this section shall be considered as included in the Contract prices for the various items of work involved and no additional payment will be made therefor.
10-1.07 RELATIONS WITH TAHOE REGIONAL PLANNING
AGENCY
This project is located within the Lake Tahoe Basin, which is controlled by the TRPA. A copy of the permit is included in the Appendix of these special provisions. The permit has specific requirements covering work to be performed under this Contract. The Contractor shall meet the permit requirements for Best Management Practices, revegetation, grading season restrictions, and all agency approval conditions.

It shall be the Contractor’s responsibility to be fully informed of the conditions of the permit and shall conduct his or her construction operations accordingly. Any change in the agency’s conditions of approval as proposed by the Contractor shall be submitted to the Engineer for transmittal to the TRPA for their approval.
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The Contractor shall maintain a copy of the permit at the construction site and shall make the permit available to operating personnel during construction activities.

Conformance with the requirements of this section shall in no way relieve the Contractor from the responsibilities as provided in Section 5-1.36 “Property and Facility Preservation” of the Standard Specifications.

Full compensation for conforming to the requirements of this section shall be considered as included in the Contract prices for the various items of work involved and no additional compensation will be allowed therefor.
10-1.08 COOPERATION
Attention is directed to Sections 7-1.14, "Cooperation," and 5-1.36 "Utility and Non-Highway Facilities," of the Standard Specifications and these special provisions.

The City of South Lake Tahoe reserves the right to do work with its own forces or to let other contracts for work on or contiguous to the work set forth in the Drawings and special provisions.

The Contractor shall coordinate all activities within the project area with the utility companies.

Any delays resulting from conflicts will be borne by the Contractor and no additional payment will be made, nor will any additional working days be granted.

Contractor shall notify STPUD forty-eight (48) hours in advance of work affecting sewer and water mains, and sewer and water services. Contractor shall coordinate disruptions to service with STPUD and the affected property owner/s and residents.

Water, sewer, and storm drain crossings shall conform to the "criteria for the separation of water mains and sanitary sewers" of the State of California Department of Health Services.

If USA utility location marks are worn away during construction it is the responsibility of the Contractor to contact USA to re-locate and mark said utility locations in the field during construction.

Sewer service and sewer main horizontal locations and depths shown on these plans are approximate only. If during the construction of the Project, a relocation of a main sewer pipe is required, STPUD will be informed. The Contractor shall expose existing pipe and provide all trenching and shoring as required. STPUD will construct the pipe relocation and backfill. The Contractor shall construct trench resurfacing. All sewer line construction materials and methods shall conform to the requirements of STPUD.

The Contractor shall assume that each parcel is served by a sewer service. Existing sewer services that conflict with storm drain installation will require relocation. Contractor shall relocate sewer services. All sewer related construction materials, methods, testing and inspection shall conform to the requirements of the STPUD. 214
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Where proposed storm drain pipe and existing sewer pipe cross, as shown on plans or as marked by Underground Service Alert (USA, call 811 or 800-227-2600), Contractor shall pothole sewer lines to a minimum depth of twelve (12) inches below bottom of storm drain pipe. If conflict exists and is not shown on plans Contractor shall notify the Engineer immediately.

Water service and water main horizontal locations and depths shown on these plans are approximate only. Contractor shall assume that each parcel is served by a water service.

Existing water services and main lines that conflict with storm drain installation shall require relocation. Contractor shall relocate water service lines. Where water main lines require relocation Contractor shall expose existing water main and provide all trenching and shoring as required. The water utility company will construct the water main relocation and backfill.

Contractor shall construct trench resurfacing. All water related construction materials and methods and testing and inspection shall conform to the requirements of the STPUD.

Where proposed storm drain pipe and existing water pipe cross, as shown on plans or as marked by USA, Contractor shall pothole water lines to a minimum depth of twelve (12) inches below bottom of storm drain pipe. If conflict exists and is not shown on Plans the Contractor shall notify the Engineer immediately.

Gas service and gas main horizontal locations and depths shown on these plans are approximate only. Contractor shall assume that each parcel is served by a gas service. Existing gas services and mains that conflict with storm drain installation shall require relocation. Contractor shall expose existing pipe and provide all trenching and shoring as required. The gas utility company will construct the pipe relocation and backfill. Contractor shall construct trench resurfacing. All gas related construction materials and methods shall conform to the requirements of the current governing gas utility.

Where proposed storm drain pipe and existing gas pipe cross, as shown on plans or as marked by USA, Contractor shall pothole for gas lines to a minimum depth of twelve (12) inches below bottom of storm drain pipe. If conflict exists and is not shown on plans Contractor shall notify Engineer immediately.

All potholing is the responsibility of the contractor and no additional compensation will be allowed therefor.
10-1.09 OBSTRUCTIONS
Attention is directed to Section 5-1.36 “Property and Facility Preservation” The Contractor's attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the health, safety, and welfare of workers and of the public. Facilities requiring special precautions include, but are not limited to:
conductors of petroleum products, oxygen, chlorine, and toxic or flammable gasses; natural gas in pipelines greater than 6 inches in diameter or pipelines operating at pressures greater than 60 psi (gage); underground electric supply system conductors or cables either directly buried or in duct or conduit which do not have concentric neutral conductors or other effectively grounded 215
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metal shields or sheaths; and underground electrical conductors or cables with a potential to ground of more than 300 volts.

The Contractor shall notify the Engineer, at telephone number (530) 542-6030, and Underground Service Alert 811 at least 2 working days, but not more than 14 calendar days, prior to performing any excavation or other work over or in the vicinity of any underground utility.

If such facilities are not located on the plans in both alignment and elevation, no work shall be performed in the vicinity of said facilities, until the owner, or his representative, has located the facility by potholing, probing, or other means that will locate and identify the facility. If, in the opinion of the Engineer, the Contractor's operations are delayed or interfered with by reason of the utility facilities not being located by the owner or his representative, the City will compensate the Contractor for such delays to the extent provided in Section 8-1.09, "Right-of-Way Delays," of the Standard Specifications, and not otherwise, except as provided in Section 5-1.36C, "Utility and Non-Highway Facilities," of the Standard Specifications.

In accordance with the provisions of Section 4215 of the California Government Code, the Contractor will be compensated under the provisions of Article 11 of the General Conditions, Change of Contract Price,” for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated on the plans and specification with reasonable accuracy, and for equipment on the project necessarily idled during such work.

The Contractor will not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the Owner or the owner of the utility to provide for the removal or relocation of such utility facilities.

UTILITY COMPANIES NOTIFICATIONS: The Contractor shall notify the following listed utility companies one week in advance of doing any work at the site of the project:

Southwest Gas Corporation AT&T
400 Eagle Station Lane 3675 T Street, Room 170
Carson City, NV 89701 Sacramento, CA 95816
Phone: (775) 887-2864 Phone: (916) 453-6287
Liberty Energy Spectrum
933 Eloise Avenue 3640 Lake Tahoe Blvd
South Lake Tahoe, CA 96150 South Lake Tahoe, CA 96150
Phone: (530) 541-1949 Phone: (888) 406-7063
South Tahoe Public Utility District
1275 Meadow Crest Drive
South Lake Tahoe, CA 96150
Phone: (530) 544-6474
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Any necessary utility relocations will be performed by the Spectrum (cable), AT&T (telephone), Liberty Energy (power) and Southwest Gas (gas). The Contractor will be required to coordinate all activities within the project area with these utility companies. Any delays resulting from conflicts will be borne by the Contractor and no additional payment will be made, nor will any additional working days be granted. Necessary relocations or adjustments of water mains, laterals, gas mains or sewer laterals shall be performed in accordance with Section 5-1.36, “Utility Relocation and Adjustment.”
The Contractor shall notify the utility within two hours of hitting or damaging pipelines, conduit, valves, structures or other appurtenances. The damaged item or area shall remain open or shall be uncovered to facilitate inspection by the utility.

Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various Contract items of work involved and no additional compensation will be allowed therefor. 10-1.10 CONSTRUCTION STAKING
The Contractor shall furnish stakes and/or marks to establish lines and grades required for the completion of the work as shown on the plans and as specified in the Standard Specification and these special provisions. The Contractor shall furnish construction survey and staking equipment and the Contractor shall be solely responsible for maintenance and protection of the survey stakes or marks. Construction staking will be verified by the Engineer. Control point maps shall be included as part of the Drawings. An electronic file can be obtained from the Engineer upon receipt of a signed release letter. Any additional construction staking verification requests made to the Engineer shall be made in writing a minimum of five working days prior the construction of the staked item. In the event the Contractor's operations destroy any of the survey control points, the Contractor shall replace such control points at his expense, subject to verification by the Engineer (verification costs will be borne by the Contractor). The cost of any such verification or replacement of the Engineer's control surveys will be deducted from any monies due the Contractor. The Contractor will not be allowed any adjustment in working days for such verification or replacement of survey control points.

The Contractor shall furnish labor and surveying equipment necessary for staking the project for construction purposes, including street centerline stations at 100-foot intervals on straights and 50-foot intervals on curves, plus beginning and ends of curves, storm drains, manholes, drop inlets, curb and gutter, channels, and treatment basins. All surveying work performed by, or for the Contractor, shall be performed by a licensed Land Surveyor in the State of California. The Contractor shall provide the name and license number of the Land Surveyor to be employed by the Contractor for the project. All labor wage regulations cited herein these special provisions shall pertain to workers performing construction staking and surveying services.

All stakes and survey markers will be conspicuously marked with flagging tape or paint if desired by the Contractor. The Contractor shall inform the Subcontractors of the importance of the preservation of all survey markers. The Engineer has identified monuments necessary for control. The Contractor shall be responsible for protecting and maintaining all stakes from 217
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destruction. In the event that one or more of the stakes are damaged or destroyed, the Contractor will replace the stakes at the expense of the Contractor.

The Construction Staking shall include Right of Way survey staking every 2-3 parcels in Project areas where there are shoulder improvements.

Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various Contract items of work involved and no additional compensation will be allowed therefor. 10-1.11 CONSTRUCTION AREA SIGNS
Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. The Contractor shall have the sign locations marked by Underground Service Alert.

Sign substrates may be fabricated from fiberglass reinforced plastic, but base material for construction area signs shall not be plywood. Posts shall be 4" x 4" minimum sectioned lumber pressure treated in conformance with the Standard Specifications.

Full compensation for conforming to the requirements of this section shall be considered as included in the Contract prices for the various items of work involved and no additional payment will be made therefor.
10-1.12 RECORD DRAWINGS
The Contractor shall be responsible to provide a set of record drawings to the Engineer upon final completion and before final payment. The record drawings shall show field changes to the construction neatly, and clearly, marked in red pencil. The record drawings shall be updated at the end of each working day and kept on site in the job trailer.

Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.
10-1.13 MAINTAINING TRAFFIC
Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Nothing in these special provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-1.09. Attention is also directed to Section 10-1.01, “Order of Work” elsewhere in these special provisions.

All guide signs shall be installed to maintain continuity of destination. 218
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In addition to the existing warning and directional signs, the Contractor shall erect, within or adjacent to the limits of the work, such supplemental warning and directional signs as ordered by the Engineer.

The Contractor's vehicles shall be equipped with approved flashing beacons. The flashing beacons shall remain on at all times during which the vehicle is parked alongside the roadway.

Lane closures shall conform to the provisions in the section of these special provisions entitled "Traffic Control."
Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic.

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

Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25- foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags.

A minimum of one (paved) traffic lane, not less than 11 feet wide, shall be open for use by public traffic in each direction of travel. All detours shall be reviewed by the Engineer. No detour can begin until approved by the Engineer. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 12:00 noon on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress.

Designated legal holidays are: January 1, January 20, the third Monday in February, the last Monday in May, June 19, July 4, the first Monday in September, November 11, the fourth Thursday in November, and December 25. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11 falls on a Saturday, the preceding Friday shall be a designated legal holiday.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by Contract change order. 219
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Full compensation for conforming to the requirements of this section shall be considered as included in the Contract lump sum price paid for the Traffic Control Contract item and no additional compensation will be allowed therefor.
10-1.14 TRAFFIC CONTROL
A traffic control system shall consist of closing traffic lanes in accordance with the details shown on the plans, the provisions of Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications, the provisions under "Maintaining Traffic" elsewhere in these special provisions, and these special provisions.

The provisions in this section will not relieve the Contractor from this responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, "Public Safety," of the Standard Specifications.

During the hours of darkness, as defined in Division 1, Section 280, of the Vehicle Code, portable signs shown on the standard plans to be illuminated shall be, at the option of the Contractor, either: illuminated signs in conformance with the provisions in Section 12-3.06B, "Portable Signs," of the Standard Specifications; or Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sheeting on aluminum substrate signs or Seibulite Brand Ultralite Grade Series, encapsulated lens retroreflective sheeting signs; or equal.

In addition, traffic cones shall be affixed with reflective cone sleeves. The reflective sheeting of sleeves on the traffic cones shall be visible at 1,000 feet at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20.

If any component in the traffic control system is displaced, or ceases to operate of function as specified, from any cause, during the progress of the work, the Contractor shall replace said component and shall restore the component to its original location.

When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches of excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder.

If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right-of-way.

The Contract lump sum price paid for traffic control system shall include full compensation for furnishing all labor, including 100% of flagging costs, materials (including traffic control and/or construction signs), tools, equipment and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

The adjustment provisions in Section 4-1.03, "Changes," of the Standard Specifications, shall not apply to the item of traffic control system. Adjustments in compensation for traffic control system will be made only for increased or decreased traffic control system required by changes ordered by the Engineer and will be made on the basis of the cost of the increased or decreased 220
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traffic control necessary. Such adjustment will be made on a force account basis as provided in Section 9-1.03, "Force Account Payment," of the Standard Specifications for increased work, and estimated on the same basis in the case of decreased work.

Traffic control system required by work which is classed as extra work, as provided in Section 4-

1.03D of the Standard Specifications, will be paid for as a part of said extra work.

Full compensation for the Traffic Control item as specified above shall be considered as included in the contract lump sum price for Traffic Control with no additional compensation allowed therefor.
10-1.15 TRENCH SHORING
This item consists of shoring all excavations over five (5) feet in depth in accordance with O.S.H.A. regulations. Attention is directed to Section 5-1.02A, "Trench Excavation Safety Plans," of the Standard Specifications. The Contractor's attention is directed to the provisions for "Shoring and Bracing Drawings" in Section 6705 of the California Labor Code.

Full compensation for conforming to the requirements of this section shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.
10-1.16 TEMPORARY EROSION CONTROL DEVICES
Temporary erosion control devices, including Filter Fence/Fiber rolls, shall be constructed as shown on the plans and as required by the TRPA. Temporary Erosion Control measures shall be in strict accordance with the SWPPP, TRPA permit, and Regional Water Quality Control Board permit. These devices shall be maintained and left in a stable condition on site or later removed, as directed by the Engineer, and as specified in these special provisions When no longer required, temporary erosion control devices and the retained silt and any trapped solids from runoff shall be removed and disposed of in accordance with the provisions in Section 7-1.13 of the Standard Specifications.

Filter Fabric shall be Mirafi 100X, Exxon GTF 100S, or equal. Filter fabric shall be handled and placed in accordance with the manufacturer's recommendations. The fabric shall be aligned and placed in a wrinkle-free manner.

Adjacent borders of the fabric shall be overlapped from 12- to 18-inches or stitched. The preceding roll shall overlap the following roll in the direction the material is being spread or shall be stitched.

Should the fabric be damaged during placing, the torn or punctured section shall be repaired by placing a piece of fabric that is large enough to cover the damaged area and to meet the overlap requirement. Damage to the fabric during the project shall be repaired by the Contractor at his expense.
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For installations on slopes less than 20%, slope lengths of 200 feet or less and when placed on a non-paved surface, the Contractor has the option to use fiber rolls in lieu of filter fabric (cloth) fencing.

A row of fiber rolls shall be placed along the contour of a gentle slope or at toe of a steeper slope. Fiber rolls shall be keyed in and anchored as shown in the detail Drawings for Best Management Practices.

The Contract lump sum price paid for Temporary Controls shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals to perform the work in accordance with the plans, as specified in the Standard Specifications and these special provisions and Appendices, as directed by the Engineer and agency requirements for erosion control devices.
10-1.17 TREE AND VEGETATION PROTECTION
Tree and vegetation protection shall be installed in the locations as shown on the plans, in accordance with the detail entitled, "Tree Protection Fencing," as shown on the Drawings and as directed by the Engineer. To ensure the survival of desirable trees and other vegetation within the grading limits, the Contractor shall clearly mark these areas with protective fencing and instruct all construction site personnel to use extra care when operating equipment near the protected areas. Heavy equipment shall not be parked or operated inside the drip line of the tree branches. At a minimum distance, protective fences shall be installed along the drip line of the tree branches. No fill material shall be placed next to a tree trunk or vegetation that is to be saved.

In some situations, heavy equipment may have to be operated inside the drip line of tree branches because of limited clearance. In this situation, individual trees must be protected by wrapping their trunks with “Tree Trunk Protection” in conformance with TRPA requirements.

Additionally roots over four (4) inch diameter shall not be severed, if avoidable, pursuant to Subsection 65.2.F of the TRPA Code of Ordinances.

The protective fences shall be checked regularly to see that they are in place especially during the clearing and grubbing operations. Contractor shall repair, replace or re-flag any protective fence as necessary to protect the trees and vegetation.

The Contract lump sum price for Temporary Controls including Tree Protection Fencing shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary for complete installation, maintenance during construction and removal upon completion of construction.
10-1.18 CLEARING AND GRUBBING
Clearing and grubbing shall conform to the provisions in Section 17-2, "Clearing and Grubbing," of the Standard Specifications.
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All existing vegetation, outside the areas to be cleared and grubbed, shall be protected from injury or damage resulting from the Contractor's operations. For typical protection of trees and other vegetation, see the construction plans.

Nothing herein shall be construed as relieving the Contractor of his responsibility for final cleanup of the construction area as provided in Section 4-1.02, "Final Cleaning Up," of the Standard Specifications.

Vegetation shall be cleared and grubbed only within the project limits as shown on the Drawings.

The Contractor is responsible for removal of trees less than 6-inches in diameter. The trees, slash and stumps removed under this Contract item become the property of the Contractor.

Full compensation for clearing and grubbing shall be considered included in the prices paid for the associated Contract items, and no additional compensation will be allowed therefor. 10-1.19 TREE REMOVAL
Work under this item shall consist of furnishing all labor, tools, equipment and materials necessary for the removal and disposal of trees, 14” to 30” and greater than 30” in diameter.

Diameter base shall be measured at an elevation of 4 feet above the existing ground surface adjacent to the tree.

Trees to be removed are shown on the plans and will be marked in the field by the Engineer.

Trees to be removed shall be marked by the Engineer with an “X” made with orange (or white) paint. The Contractor shall provide the Engineer 48 hours (2 working days) notice in requesting trees to be marked for removal. The Engineer will mark all trees greater than 12-inch diameter, measured at an elevation of 4 feet above the existing ground surface adjacent to the tree, for removal by the Contractor. The Contractor shall not remove any tree greater than 12-inch diameter, measured at an elevation of 4 feet above the existing ground surface adjacent to the tree that is not marked by the Engineer.

All trees shall remain the property of the City of South Lake Tahoe and shall be placed as vehicle barriers at locations within the project area by the Contractor at the direction of the Engineer.

All trees will be limbed by the Contractor. All limbs shall be chopped and removed from the project site or spread over disturbed surface areas within the project area as directed by the Engineer.

Prior to timber felling, all project temporary erosion control devices must be in place.

The Contractor shall be liable for damage to utility service lines, fences or other structures during tree removal.

Trees shall be felled to minimize disturbance to surrounding vegetation and traffic flow. 223
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Contractor shall be responsible for all traffic control during timber removal in accordance with the Contractor’s accepted Traffic Control Plan, Section 12, “Temporary Traffic Control” of the Standard Specifications, the State Manual of Traffic Controls, and these special provisions.

Contractor is responsible for complete site cleanup, including slash disposal. No slash may be burned on site. Attention is directed to Section 10-1.18, “Clearing and Grubbing,” of these special provisions.

Full compensation for Removal of Trees greater than 14-inches in diameter, measured at an elevation of 4 feet above ground, shall be included in the Contract lump sum price for demolition and shall include full compensation for furnishing all labor, materials, tools, obtaining permits and licenses, equipment, and incidentals, and for doing all work involved in removing, hauling, placing felled trees as specified above and no additional compensation will be allowed therefor.

Full compensation for removing trees smaller than 14 inches in diameter shall be considered as included in the lump sum price for Demolition, and no additional compensation will be allowed therefor.
10-1.20 EARTHWORK
Earthwork shall conform to the provisions in Section 19, "Earthwork," of the Standard Specifications and these special provisions. Where discrepancies or conflicts are noted between Section 19 of the Standard Specifications and the special provisions, the special provisions shall prevail.

While excavating areas over the roots of trees, tree roots over 4-inches in diameter shall not be severed if avoidable, pursuant to Subsection 33.6.6 of the TRPA Code of Ordinances.

In the event that buried or concealed heritage resources are discovered within the work site, the Contractor shall cease ground disturbance activities in the area of the find and shall notify the Engineer who will consult a qualified archaeologist for recommended procedures. If human remains are discovered, California law requires that work must stop immediately and the county coroner must be notified. If the remains are Native American, AB 297 requires that the Washoe Tribe insure that proper treatment is given the possible burial site. Additionally, the Washoe Tribe is allowed to spot check the project during construction with the Engineer.

Surplus excavated material and excavated material that is not suitable for use as fill shall become the property of the Contractor and shall be disposed of outside the Tahoe Basin or at an approved site by the regional and local agencies.

All finished cut and fill slopes shall be constructed as shown within the plans. No slopes shall be steeper than 2:1. The Contractor may be directed by the Engineer to vary the angle of slopes at treatment basins to achieve a natural appearance. No additional compensation will be allowed for varying slopes and will be considered included in the price of various other items. 224
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Backfill behind all curb and gutter and all other areas shall be placed in lifts of a maximum of 8- inches and compacted to 90% relative compaction and compensation shall be included in the unit price for curb and gutter
During earthwork activities, the Contractor shall salvage and stockpile woody debris, existing plant material and topsoil as directed by the Engineer. These materials shall be used during revegetation of disturbed areas as shown on the plans and directed by the Engineer.

The Engineer will be notified the Contractor discovers hazardous materials or physical conditions that hinder excavation operations. The Engineer shall issue a Contract change order, if required. The Contractor shall not be excused from performance of the Contract by the discovery of hazardous materials or difficult construction conditions.

Select Native Bedding shall be native, non-plastic material with no organics and no materials greater than two inches in diameter. Select Native Backfill shall be native, non-plastic material with no organics and no rocks greater than three inches in diameter. Compensation for select native bedding where shown on the Drawings shall be considered as included in the Contract price for the item utilizing select native bedding. Compensation for select native backfill where shown on the Drawings shall be considered as included in the Contract price for the item utilizing select native backfill.

The use of the terms drainfill and/or drain rock shall be interchangeable within these special provisions and the Drawings. Drainfill and drain rock shall be Class 1, Type A permeable material per section 68-1.025 of the Standard Specifications, unless otherwise stated within these special provisions and the Drawings. Compensation for drainfill where shown on the Drawings shall be considered as included in the Contract price for the item utilizing drainfill.

All importing of material shall be included in the Contractor's bid for the various items of work involved and no additional compensation will be made therefor. Should such imported material be required, the Contractor shall notify the Engineer of the borrow site location 72 hours prior to delivery for the Engineers certification of the borrow material. All imported material shall be from a source that is certified weed-free.

Full compensation for earthwork shall be considered as included in the prices paid for various Contract items and no additional compensation will be allowed therefor. 10-1.21 WASTE MATERIAL
All waste material shall become the property of the Contractor and shall be disposed of at a site approved by all local and regional agencies.

Storage, removal and disposal of waste material and revegetation of storage areas shall be the responsibility of the Contractor. All waste materials including, but not limited to sands, asphalt, diesel fuel, and other petroleum products shall be removed in accordance with the provisions in Section 17-2.03D, "Disposal of Materials” of the Standard Specifications. The Contractor will 225
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be responsible for meeting all the requirements of the SWPPP, TRPA and Regional Water Quality Control Board Regulations.

The Contractor shall notify the Engineer immediately in the event that any soil is contaminated by the Contractor's operations and shall furnish to the Engineer satisfactory evidence that an agreement has been entered into with the property owners of the waste disposal site. All soil areas subjected to disturbance by the Contractor shall be scarified and revegetated after project completion with seed mixes approved by the Engineer. The Contractor, as directed by the Engineer, will be required to maintain the revegetated areas until the plants have been established.

Full compensation for storage, removal, and disposal of waste material and petroleum products shall be considered as included in the prices paid for various Contract items and no additional compensation will be allowed therefor.
10-1.22 CONSTRUCTION WATER
Watering shall conform to the provisions in Section 10-6, "Watering," of the Standard Specifications.

If water is required for the project and the Contractor is to use a fire hydrant for water supply, the Contractor must call South Tahoe Public Utility District, (530) 544-4964 to obtain the necessary permits in accordance with S.T.P.U.D.'s Administrative Code 3.1.45 and 3.1.46. Note that all connections will require reduced pressure backflow devices and water meters.

The Contractor shall pay all required fees, such fees shall be considered as included in the various items requiring watering and no additional compensation will be allowed therefor. 10-1.23 UTILITY RELOCATION AND ADJUSTMENT
The Contractor shall be responsible for verifying the locations of all utilities and notifying utilities as provided in sections 10-1.01, 10-1.06, 10-1.07, “Order of Work”, “Cooperation” and “Obstructions,” respectively, of these special provisions. Adjustment or relocation of gas, electricity, and phone or cable service shall be performed by the franchise utility forces and no additional compensation will be allowed therefor.

Full compensation for utility relocation and adjustment shall be considered as included in the lump sum price paid for demolition and no additional compensation will be allowed therefor. 10-1.24 AGGREGATE BASE, DRAINFILL/DRAIN ROCK
Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, “Aggregate Base,” of the Standard Specifications.

Compensation for aggregate base where shown on the Drawings shall be considered as included in the Contract price for the item utilizing aggregate base, including, but not limited to bike trail 226
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path, valley gutter, pedestrian ramps, sediment traps, curb and gutter, and high density polyethylene pipe and polyvinyl chloride pipe, and no additional compensation will be allowed therefor.

The use of the terms drainfill and/or drain rock shall be interchangeable within these special provisions and the Drawings. Drainfill and drain rock shall be Class 1, Type A permeable material per section 68-1.025 of the Standard Specifications, unless otherwise stated within these special provisions and the Drawings. Compensation for drainfill where shown on the Drawings shall be considered as included in the Contract price for the item utilizing drainfill. 10-1.25 ASPHALT CONCRETE

1.0 GENERAL
Asphalt concrete shall be Type B and shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions.

2.0 AGGREGATE QUALITY
Aggregates shall be clean and free from decomposed or organic materials and other deleterious substances. Visual evidence of organic materials in the aggregate shall be sufficient cause for rejection of the aggregate. Coarse aggregate is material retained on the No. 4 sieve, fine aggregate is material passing the No. 4 sieve, and supplemental fine aggregate is added fine material passing the No. 30 sieve, including, but not limited to, lime, cement and stored fines from dust collectors.

The gradation of the aggregate blend used in the proposed asphalt concrete mix design, including supplemental fine aggregate, shall meet the requirements of Subsection 39-2.02, "Aggregate", of the Standard Specifications for the 12.5-mm {1/2 inch} Maximum, Medium gradation. The symbol "X" shown in the Standard Specification table is the gradation which the Contractor proposes to furnish for the specific sieve. The proposed gradation shall meet the gradation shown in the table under "Limits of Proposed Gradation." Changes from one mix design to another shall not be made during the progress of the work unless permitted by the Engineer.

However, changes in proportions to conform to the approved mix design shall not be considered changes in mix design.

During asphalt concrete production, aggregate gradation shall be within the limits specified herein. Conformance with the grading requirements shall be determined by California Test 202, modified by California Test 105 when there is a difference in specific gravity of 0.2 or more between the coarse and fine portions of the aggregate or between the blends of the different aggregates. The percent passing the No. 200 sieve shall be reported to the first decimal place (tenths).

The combined aggregate shall conform to the following quality requirements before the addition of the asphalt binder:
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Table 10-1.01.1 AGGREGATE QUALITY REQUIREMENTS
California Asphalt Concrete
Quality Test Type A Type B
Percent of Crushed Particles 205
Coarse Aggregate (Min.)
Fine Aggregate (Passing No. 4, Retained on No. 8) (Min.) 90%
70%
25%
20%
Los Angeles Rattler 211
Loss at 100 Rev. (Max.)
Loss at 500 Rev. (Max.)
10%
45% 50%
Sand Equivalent (Min.)1 217 47 42
Kc Factor (Max.) 303 1.7 1.7
Kf Factor (Max.) 303 1.7 1.7
Note:
1 Reported value shall be the average of 3 tests split from a single sample.

Aggregate for asphalt concrete dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall conform to the 3/8-inch maximum grading specified in the Section 39-2.02, “Aggregate,” of the Standard Specifications.

3.0 ASPHALT CONCRETE MIXTURE

3.1 GENERAL
The asphalt concrete mixture, composed of the proposed aggregate blend, antistrip additives, and the proposed asphalt binder content as determined by California Test 367, shall conform to the following requirements:

Table 10-1.01.2 ASPHALT CONCRETE MIXTURE REQUIREMENTS
California Asphalt Concrete Type
Design Parameters Test Type A Type B
Hveem Stabilometer Value (Min) 3661, 2 37 35
Percent air voids (Mix Design) 3671
43 33
(3 briquettes at Mix Design)4 3 - 5 2-4
(Start-Up Production Evaluation)5 Design Value ±2.0
Swell 4 (mm) (Max) 305 0.76 0.76
Tensile Strength Ratio (TSR)6 371 report report
Notes:

1. Reported value shall be the average of 3 tests from a single split sample.

2. A set of 3 briquettes shall be prepared and tested separately. If the range of stability for the 3 briquettes is more than 12 points, the briquettes shall be discarded and new samples shall be fabricated and tested.

3. California Test 367, Paragraph C5, is modified to "4%" for Type A and "3%" for Type B. California Test 309 shall be used to determine the theoretical maximum specific gravity of each asphalt content in conformance with the requirements in "Determination of Theoretical Maximum Specific Gravity of Mixtures with Different Asphalt Contents" (LP-1) located at: http://www.dot.ca.gov/hq/esc/Translab/fpmlab.htm

4. Mix design submittal shall include test results for percent air voids for 3 briquettes constructed using the submitted aggregate and asphalt blended at the proposed target values. Result shall be average for the 3 briquettes. 5 For production evaluation of air voids, California Test 309 shall be used to measure theoretical maximum specific gravity instead of calculating maximum specific gravity in California Test 367. Determine the theoretical maximum specific gravity once for a single split sample. For bulk specific gravity, the reported value shall be the average of 3 tests from a single split sample.
6 The tensile strength ratio of the mixture both with and without the use of a liquid antistrip shall be determined and reported as part of the mix design submittal. These results are for information only, and the use of liquid antistrip will be required regardless of the results of this testing. 228
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The use of a liquid antistrip agent will be required for all asphalt concrete except that used for asphalt concrete dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures.

During production and placement, the asphalt concrete mixture shall conform to the requirements of this Section. Changes in cold feed or hot bin proportions to conform to the aggregate grading requirements shall not be considered changes in the mix design.

Changes from one mix design to another shall not be made during the progress of the work, unless approved by the Engineer. Changes in target asphalt content of placed asphalt concrete, in aggregate grading target values, or in aggregate sources shall be considered to be a change in the asphalt concrete mixture and shall require a new mix design proposal. Changes in the asphalt content or aggregate grading target values approved by the Engineer will not be applied retroactively for acceptance or payment.

Adjustment to the control setting at the plant to achieve target asphalt concrete properties in the field is allowed and shall not be considered as a change in the asphalt concrete mixture.

The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by weight of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. This additional asphalt binder shall be considered as included in the prices paid for the material and work associated with paving of miscellaneous areas and dikes and no additional compensation will be allowed therefor.

3.2 CONTRACTOR MIX DESIGN PROPOSAL
The Contractor shall submit for the Engineer's review a proposed asphalt concrete mix design for each asphalt concrete mixture to be used at least 7 days before production of that asphalt concrete mixture. The asphalt concrete mix design shall be prepared by a laboratory (or laboratories) whose proficiency has been reviewed and qualified in conformance with the California Department of Transportation's Independent Assurance Program, has been AASHTO accredited, or is otherwise approved by the Engineer.

Aggregate quality and asphalt concrete mix design test results shall be no more than one year old when production of the asphalt concrete mixture starts.

The Contractor shall submit a mix design letter that indicates the target values proposed for gradation, asphalt content, and percent air voids. This submittal shall include test results and raw test data for aggregate quality and asphalt concrete mixture requirements; plots of the combined gradings; plots of unit weight, stability, theoretical maximum specific gravity, and percent air voids versus asphalt content for the asphalt contents considered in the design process. Asphalt binder shall be Performance Graded (PG) 64- 28M and conform to the requirements set forth in the Standard Specifications. In addition, this submittal shall include test results for stability, percent air voids, and swell for 3 briquettes constructed using the submitted aggregate and asphalt blended at the proposed target values for each asphalt concrete mixture to be used. 229
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The Contractor shall submit the following for each asphalt concrete mixture proposed:

3.2.01 Aggregate and supplemental fine aggregate:

3.2.01.1 Target values for percent passing each sieve size for the aggregate blend;

3.2.01.2 Results of quality tests for aggregate;

3.2.01.3 Source of each aggregate to be used including producer and location;

3.2.01.4 Percentage of each aggregate stockpile, cold feed or hot bin to be used; and

3.2.01.5 Gradation of each aggregate stockpile, cold feed or hot bin to be used.

3.2.02 Asphalt binder:

3.2.02.1 Asphalt binder source and target value;

3.2.02.2 Type and grade of binder (64-28M);

3.2.02.3 Recommended storage, mixing, and compaction temperatures, and

3.2.02.4 Material Safety Data Sheets.

3.2.03 Antistrip additive(s) (required):

3.2.03.1 Name of product, manufacturer, manufacturer's designation and proposed rate, location, and method of addition;

3.2.03.2 Certification that the asphalt binder is not acid-modified;

3.2.03.3 Certification of compatibility of the proposed liquid antistrip and all other modifiers (certified test results of the asphalt binder after the addition of all proposed additives and modifiers shall be included in the certification of compatibility); and

3.2.03.4 Material Safety Data Sheets.

The proposed asphalt concrete mix design submittal will be considered complete only when the submittal items, including the mix design letter, test results (including TSR results), and plots, have been received by the Engineer.

4.0 STORING, PROPORTIONING AND MIXING MATERIALS
Storing, proportioning, and mixing materials shall conform to the requirements of Subsection 39-3, "Storing, Proportioning, and Mixing Materials," of the Standard Specifications, except that the first four paragraphs of Subsection 39-3.03, "Proportioning," shall not apply, and the asphalt concrete shall be mixed within the range of mixing temperatures recommended by the asphalt binder supplier.

Storage or stockpiling of completed asphalt concrete mixtures in any manner other than through the use of a batch plant pugmill or storage silo discharging directly into a haul vehicle, and discharging of the haul vehicle directly into the paving operation shall not be allowed unless approved by the Engineer. Any request to store or handle the mixture in any manner not specifically allowed for in these Special Provisions and in the Standard Specifications shall address temperature control, mechanical and thermal segregation control, and contamination control for any proposed change.

5.0 SUBGRADE, PRIME COAT, PAINT BINDER (TACK COAT), AND PAVEMENT

REINFORCING FABRIC

5.1 GENERAL
Subgrade, prime coat, paint binder (tack coat), and pavement reinforcing fabric shall conform to the requirements of Subsection 39-4, "Subgrade, Prime Coat, Paint Binder (Tack Coat), and Pavement Reinforcing Fabric," of the Standard Specifications except as modified herein.

5.2 PAINT BINDER (TACK COAT)
Paint binder (tack coat) shall be applied to existing surfaces to be surfaced and between layers of asphalt concrete, except when eliminated by the Engineer. 230
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Paint binder (tack coat) shall be, at the option of the Contractor, either slow-setting asphaltic emulsion, rapid-setting asphaltic emulsion, or paving asphalt. Slow-setting asphaltic emulsion and rapid-setting asphaltic emulsion shall conform to the provisions in Section 39-4.02, "Prime Coat and Paint Binder (Tack Coat)," and the provisions in Section 94, "Asphaltic Emulsions," of the Standard Specifications. When paving asphalt is used for paint binder, the grade will be determined by the Engineer. Paving asphalt shall conform to the provisions in Section 39-4.02, "Prime Coat and Paint Binder (Tack Coat)," and the provisions in Section 92, "Asphalts," of the Standard Specifications.

Paint binder (tack coat) shall be applied at a rate that provides for adequate adhesion between the asphalt concrete being placed and the surface to which the paint binder (tack coat) has been applied. The rate of application shall be as approved by the Engineer.

Prime coat or paint binder (tack coat) shall be applied in advance of placing the surfacing only as far as shall be approved by the Engineer. When asphaltic emulsion is used as paint binder (tack coat), asphalt concrete shall not be placed until the applied asphaltic emulsion has cured (completely changed color from brown to black).

The area to which paint binder has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of construction.

Immediately in advance of placing asphalt concrete, additional prime coat or paint binder (tack coat) shall be applied as directed by the Engineer to areas where the prime coat or paint binder (tack coat) has been damaged. Loose or extraneous material shall be removed and no additional compensation will be allowed therefor.

6.0 SPREADING AND COMPACTING EQUIPMENT

6.1 SPREADING
Asphalt concrete shall be handled, spread, and compacted in a manner which is in conformance with the provisions in this Section.

Asphalt concrete shall be placed in such a manner that cracking, shoving, and displacement will be avoided.

Type A and Type B asphalt concrete shall be placed only when the ground temperature is above 40° F and the air temperature is above 50° F.

Asphalt concrete shall not be placed when the underlying layer or surface is frozen or not dry or when weather conditions will prevent proper handling, finishing or compaction of the mixture.
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Unless otherwise designated on the plans or allowed by the Engineer asphalt concrete shall be spread and compacted in the layers and thicknesses indicated in the following table:

Table 10-1.01.3 Asphalt Concrete Layers and Thickness
Total Thickness
Shown on the
Minimum
Number of
Top Layer Thickness
(Inches)
Next Lower Layer
Thickness
(Inches)
Other Lower Layers
Thickness
(Inches)
Plans* Layers Min. Max. Min. Max. Min. Max.
3" or less 1 ---- ----- ---- ---- ---- ----

3.1" through 3.5" 2 1.5 2 1.5 2 ---- ----

3.51" through 5.3" 2 2 2.5 2 3 ---- ----

5.31" or more ** 2 2.5 2 3 2 5
Notes:
* When pavement reinforcing fabric is shown to be placed between layers of asphalt concrete, the thickness of asphalt concrete above the pavement reinforcing fabric shall be considered to be the "Total Thickness Shown on the Plans" for the purpose of spreading and compacting the asphalt concrete above the pavement reinforcing fabric.
* At least 3 layers if total thickness is more than 5.5 inches and less than 10 inches. At least 4 layers if total thickness is 10 inches or more.

Layers shall be spread with an asphalt paver, unless otherwise specified or approved by the Engineer. Asphalt pavers shall be operated in such a manner as to ensure continuous and uniform movement of the paver.

A layer shall not be placed over a layer that exceeds 3 inches in compacted thickness until the temperature of the layer being covered is less than 160° F at mid-depth unless approved by the Engineer.

Asphalt concrete to be placed on shoulders, and on other areas off the traveled way having a width of 5 feet or more, shall be spread in the same manner as specified above.

Asphalt concrete surfacing shall be placed on existing surfacing, including curve widening, chain control lanes, turnouts, left turn pockets, and public and private road connections shown on the plans, unless otherwise directed by the Engineer.

Unless otherwise shown in the plans or directed by the Engineer, additional asphalt concrete surfacing material shall be placed along the edge of the surfacing at road connections and private drives, hand raked, if necessary, and compacted to form smooth tapered conforms. Full compensation for furnishing all labor and tools and doing all the work necessary to hand rake said conforms shall be considered as included in the Contract prices paid per ton for the various Contract items of asphalt concrete surfacing involved and no additional compensation will be allowed therefor.

The completed mixture shall be deposited on the roadbed at a uniform quantity per linear yard, as necessary to provide the required compacted thickness without resorting to spotting, picking-up or otherwise shifting the mixture. During transporting, spreading and compacting, petroleum products such as diesel fuel and kerosene shall not be used as a release agent on trucks, spreaders or compactors in contact with the asphalt concrete. 232
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Mechanical and thermal segregation shall be avoided. Surfacing shall be free from pockets of coarse or fine material. Asphalt concrete containing hardened lumps shall not be used.

Unless otherwise provided herein or approved by the Engineer, the top layer of asphalt concrete for shoulders, tapers, transitions, road connections, private drives, curve widenings, chain control lanes, turnouts, left-turn pockets, and other areas shall not be spread before the top layer of asphalt concrete for the adjoining through lane has been spread and compacted. At locations where the number of lanes is changed, the top layer for the through lanes shall be paved first. When existing pavement is to be surfaced and the specified thickness of asphalt concrete to be spread and compacted on the existing pavement is 3 inches or less, the shoulders or other adjoining areas may be spread simultaneously with the through lane provided the completed surfacing conforms to the provisions of this Section. Tracks or wheels of spreading equipment shall not be operated on the top layer of asphalt concrete until final compaction has been completed.

At those locations shown on the plans, as specified in these Special Provisions, or as directed by the Engineer, the asphalt concrete shall be tapered or feathered to conform to existing surfacing or to other highway and non-highway facilities.

At locations where the asphalt concrete is to be placed over areas inaccessible to spreading and rolling equipment, the asphalt concrete shall be spread by practical means to obtain the specified results and shall be compacted thoroughly to the required lines, grades, and cross sections by means of pneumatic tampers or by other methods that will produce the same degree of compaction as pneumatic tampers. Care shall be taken to insure that adequate temperature for compaction of the asphalt concrete is maintained until compaction is complete.

In advance of spreading asphalt concrete over an existing base, surfacing or bridge deck, if there is a Contract item for asphalt concrete (leveling) or if ordered by the Engineer, asphalt concrete shall be spread by mechanical means that will produce a uniform smoothness and texture. Asphalt concrete (leveling) shall include, but not be limited to, the filling and leveling of irregularities and ruts and changing the cross slope or profile of an existing surface.

Paint binder (tack coat) shall be applied to each layer in advance of spreading the next layer.

Unless otherwise allowed by the Engineer, asphalt paving equipment shall be equipped with automatic screed controls and a sensing device or devices.

When placing asphalt concrete to lines and grades established by the Engineer, 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. Should the Contractor elect to use a ski device, the minimum length of the 233
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ski device shall be 30 feet. The ski device shall be a rigid one piece unit and the entire length shall be utilized in activating the sensor.

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 manually when this edge of the mat must conform to existing features. Otherwise, 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.

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 the screed was controlled when placing the initial mat.

If the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the provisions, including straightedge tolerance, of these special provisions, the paving operations shall be discontinued and the Contractor shall modify the equipment or methods, or furnish substitute equipment.

If the automatic screed controls fail to operate properly during a 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.

6.2 LONGITUDINAL JOINTS
Longitudinal joints in the top layer of asphalt concrete shall correspond with the edges of planned traffic lanes. Longitudinal joints in other layers shall be offset not less than 6 inches nor more than 12 inches alternately each side of the edges of traffic lanes.

Longitudinal joints may be constructed in any manner that provides for a minimum relative compaction of not less than 89.0 percent of the theoretical maximum density AND to not less than 92.0 percent of laboratory test maximum density (LTMD), provided the method(s) employed provide for the geometric, conveyance of public traffic, and safety requirements of the project.

The Engineer may, at their discretion, test the density of the longitudinal joint with a calibrated nuclear density gauge or through the use of 6-inch diameter cores obtained directly on the longitudinal joint.

If approved by the Engineer in writing, the Contractor may use rubberized asphalt crack sealer, Crafco Pavement Joint Adhesive or a similar approved product in accordance with the manufacturer's recommendations and the longitudinal joint density requirements will be waived.
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6.3 COMPACTING EQUIPMENT
A sufficient number of rollers shall be provided to obtain the specified compaction and surface finish required by this Section. Rollers shall be sized to achieve the required results.

Rollers shall be equipped with pads and water systems that prevent sticking of the asphalt concrete mixtures to the pneumatic or steel-tired wheels. A parting agent that will not damage the asphalt concrete mixture may be used to aid in preventing the asphalt concrete mixture from sticking to the wheels. Pneumatic-tired rollers shall be skirted to retain heat in the pneumatic tires.

Asphalt concrete shall be compacted to not less than 92.0 percent or more than

97.0 percent of theoretical maximum density AND to not less than 95.0 percent of laboratory test maximum density (LTMD) and shall be finished to the lines, grades, and cross sections shown on the plans. The asphalt concrete shall be produced and compacted within the temperature ranges recommended by the asphalt binder supplier.

No rolling will be permitted after the asphalt concrete temperature is below 160° F.

Percent of theoretical maximum density and LTMD shall be determined in conformance with the requirements in California Test 375 except the test maximum density requirements in Part 5, "Determining Test Maximum Density," shall include California Test 309 requirements for theoretical maximum density in addition to LTMD, and the selection of testing locations will be as determined by the Engineer. At the option of the Engineer, acceptance testing for compaction may be performed using cores only in accordance with California Test 308.

Asphalt concrete placed in dig outs, as a leveling course, for slope correction, for detours not included in the finished roadway prism, in areas where in the judgment of the Engineer compaction or compaction measurement by conventional methods is impeded or on the uppermost lift of shoulders with rumble strips shall be compacted by a method approved by the Engineer.

The completed surfacing shall be thoroughly compacted, smooth, and free from ruts, humps, depressions, or irregularities. 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 suitable means. The use of equipment that leaves ridges, indentations or other objectionable marks in the asphalt concrete shall be discontinued.

When a straightedge 12 feet ±0.2-foot long is laid on the finished surface and parallel with the centerline, the surface shall not vary more than 0.1-inch from the lower edge of the straightedge. The transverse slope of the finished surface shall be uniform to a degree such that no depressions greater than 0.20-inch are present when tested with a straightedge 12 feet ±0.2-foot long in a direction transverse to the centerline and extending from edge to edge of a 12-foot wide traffic lane. 235
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When abrasive grinding is used to bring the top surface of the uppermost layer of asphalt concrete surfacing within the specified surface tolerances, additional abrasive grinding shall be performed as necessary to extend the area ground in each lateral direction so that the lateral limits of grinding are at a constant offset from, and parallel with, the nearest lane line or pavement edge, and in each longitudinal direction so that the grinding begins and ends at lines normal to the pavement centerline, within a ground area. Ground areas shall be neat rectangular areas of uniform surface appearance and shall be sealed with an asphaltic emulsion at a rate approved by the Engineer.

7.0 ACCEPTANCE OF WORK

7.1 General
Work determined to be in conformance with the provisions of this Section will be accepted and paid for at the contract price per linear foot of trail for asphalt concrete.

The Engineer may reject a quantity of material that is determined to be defective based on visual inspection.

If the test results for a quantity of asphalt concrete indicate that the requirements of this section have not been met, the asphalt concrete represented by that failure may be rejected.

Plant mix asphalt pavement shall be accepted on the basis of surface tolerance, density, thickness, conformance with the tolerances of the job mix formula, and the Marshal properties required in this section.

Asphaltic concrete paving will be accepted for density on a 'lot' basis. A lot will consist of 500 tons of asphaltic concrete or portion thereof exceeding 500 tons for each day's placement, with each day's placement consisting of at least one lot. Each lot will be tested for field density and mix property compliance.

Special attention is made to section 39-3.05, CALTRANS Standard Specifications. When asphalt concrete is stored, and it shall only be stored in appropriate silos. Asphalt concrete shall NOT be stockpiled prior to delivery to the jobsite and shall be cause for rejection. (CALTRANS Section 6-1.04 relates authorization to reject defective materials.) Each lot of compacted pavement will be accepted, with respect to relative compaction, when the average relative compaction is equal to or greater than 92 percent, using the Theoretical Maximum Rice Specific Gravity in the determination of relative compaction.

If the average relative compaction is less than 92 percent, the completed pavement will be accepted or rejected based on the sliding scale Pay Factor, Table 1, Section 39-9.09 - 'Payment' - unless mitigated in accordance with Section 39-9.06 - 'Mitigation of Unacceptable Asphalt Concrete Pavement.' If allowed by the governing Agency, asphalt concrete pavement may be accepted for density by lot on the basis of relative compaction as compared to Marshall density as determined by ASTM D 1559 (50 blows each face for 236
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local residential streets, collector streets, and parking lots; 75 blows each face for arterial or any street with greater than 5 percent truck and/or bus traffic). Relative compaction shall not be less than 95 percent.

8.0 Mitigation of Unacceptable Asphalt Pavement

8.1 Unacceptable Surface Tolerance
Unacceptable surface tolerance shall be corrected by either overlaying or grinding with an application of a Type III slurry seal as directed by the City Engineer. In areas to be corrected with an overlay, grinding may be necessary to provide for a minimum 1.5 inch overlay and butt joints where matching existing pavements.

8.2 Unacceptable Density
Unacceptable density, low asphalt cement content, or high air voids of the in place pavement shall be corrected as follows:

Rice Theoretical Maximum
Relative Compaction Mitigation
Less than 92% but greater than

89.5%
Type II slurry seal and sliding pay factor
Less than 89.5% Remove and Reoplace

8.3 Unacceptable Air Voids
Air Voids – In Place Pavements Mitigation
Air void greater than 8% but less than
11%
Type II slurry seal
Air void greater then 11% Remove and replace or 1 ½ in overlay

8.4 Acceptance Testing
The City Engineer or designee may assure conformance to contract specifications by review of the Contractor's mix design proposal, by inspection of the Contractor's procedures, by oversight of the Contractor's quality control inspection and records, and by independent verification sampling and testing of the asphalt binder, aggregates, and asphalt concrete during asphalt concrete production and placement and after compaction.

Acceptance tests will be performed using the same test methods used for quality control testing.

Cut samples taken shall be used to determine conformance with thickness specifications.

The average thickness of cores shall be at least equal to the specified minimum thickness 237
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of the asphalt concrete pavement with no single core less than 1/2 inch thinner than the specified minimum thickness.

The City Engineer or designee may test the asphalt, aggregates or asphalt concrete mixture to determine conformance with the provisions in this Section at their discretion, including whenever an asphalt concrete mixture or ingredient appears defective or inconsistent or whenever a test result indicates a change in the characteristics of the asphalt concrete mixture or an ingredient.

If the City Engineer or designee performs acceptance testing, the minimum frequency of testing will be one sample and test for each day's or partial day's production.

Asphalt, aggregates or asphalt concrete that does not conform to the requirements of this Section for aggregate quality or gradation, mixture volumetric properties, and/or density, including density of longitudinal joints, may be rejected.

The City Engineer may reject asphalt concrete that has stability test results less than or equal to 26 for Type A or 24 for Type B.

The Contractor may witness assurance sampling and testing. However, the Engineer will not be required to notify the Contractor of anticipated sampling schedules or locations and will not delay sampling or testing if the Contractor is unable to attend. The Contractor shall not use samples taken for assurance testing for testing and submittal as a quality control test result. Asphalt concrete shall conform to the requirements of Section

39. Asphalt will be tested for density on a lot basis. A “lot” for density determination will consist of 500 tons of bituminous concrete or portions thereof exceeding 500 tons for each day's placement with each day's placement consisting of at least one “lot.” The Theoretical Maximum Specific Gravity of the asphalt concrete shall be used in the determination of relative compaction and shall be performed in accordance with ASTM D 2041.

At least one Theoretical Maximum specific gravity determination shall be made for each “lot” to be tested. Additional Maximum Specific Gravity tests may be performed at the discretion of the City Engineer and at the request of the Contractor and at the Contractor's expense. If more than one determination is made the average for the lot shall be used.

8.5 Contractor Quality Control
Quality control, sampling, testing, and inspection shall be provided during asphalt concrete work. Sampling, testing, and inspection shall be performed at a rate sufficient to ensure that the asphalt concrete product conforms to the requirements in this Section.

The Contractor shall obtain a one-quart sample of the asphalt binder in conformance with the provisions in this Section for each day of asphalt concrete production. Modified 238
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binders shall be canned in one-quart cylindrical cans with open top, friction lids. The Contractor shall clearly identify the samples with project name, Contractor, Supplier, grade of asphalt, and date(s) sampled; and make the sample(s) available to the City Engineer. Each sample will represent the asphalt concrete produced during the day of sampling, and shall be delivered to the Engineer no later than the next working day unless otherwise approved by the Engineer.

The Contractor shall provide certified test results for theoretical maximum density and LTMD using the methods specified herein as often as necessary to represent the material being produced and placed. The City Engineer retains the option to core, remove the cut aggregate from the core(s), reheat, and determine theoretical maximum density and LTMD values for acceptance testing.

Providing quality control, sampling the asphalt binder, and providing theoretical maximum specific gravity and LTMD values shall be considered as included in the prices paid for asphalt concrete and no additional compensation will be allowed therefor.

8.6 Measurement and Payment
The quantity asphalt concrete of the type(s) designated in the Engineer's Estimate to be paid for shall be the combined weight of the mixture determined in conformance with the provisions in Section 9-1.01, "Measurement of Quantities," of the Standard Specifications.

Insufficient thickness shall be corrected by either removal and replacement, or by placement of a minimum thickness 1 1/2 inch overlay. Grinding may be necessary to eliminate the problems associated with raising of finish grade as determined by the City Engineer, but in all cases, the outside perimeter of the corrective overlay shall be placed as a flush butt-joint formed by grinding of existing pavement.

Quantities of paving asphalt, liquid asphalt, and asphaltic emulsion to be paid for as contract items of work will be determined in conformance with the provisions in Section 92, "Asphalts," Section 93, "Liquid Asphalts," or Section 94, "Asphaltic Emulsions," of the Standard Specifications.

When recorded batch weights are printed automatically, these weights may be used for determining pay quantities if the printed batch weights conform to the following:

1. Total aggregate and supplemental fine aggregate weight per batch shall be printed. When supplemental fine aggregate is weighed cumulatively with the aggregate, the total batch weight of aggregate shall include the supplemental fine aggregate.

2. The total bitumen weight per batch shall be printed. Zero-tolerance weight shall be printed before weighing the first batch and after weighing the last batch of each truckload.

3. A copy of the recorded batch weights shall be certified by a licensed weighmaster and submitted to the Engineer.
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4. Pavement reinforcing fabric (when specified) will be measured by the square yard for the actual pavement area covered.

8.7 Payment
Asphalt concrete placed in the work, unless otherwise specified, will be paid for at the contract price per linear foot for asphalt concrete of the type(s) designated in the Engineer's Estimate.

Unacceptable asphalt concrete pavement that exhibits high air voids from low density and/or low asphalt cement content shall be penalized unless mitigated in accordance with Section 39-9. The City will withhold the penalty portion of asphalt pavement payment with monies or bond deposited with the Agency.

TABLE 1

SLIDING SCALE PAY FACTORS
Average Percent Rice
Relative Compaction per Lot Percent Payment
92 and higher 100
91% 95

89.5% 90
Less than 89.5% 0
When there is a contract item for asphalt concrete (leveling), quantities of asphalt concrete placed for leveling will be paid for at the contract price per ton for asphalt concrete (leveling). When there is no contract item for asphalt concrete (leveling), and leveling is ordered by the Engineer, asphalt concrete so used will be paid for at the contract price per ton for asphalt concrete and no additional compensation will be allowed, therefor.

The miscellaneous areas to be paid for at the contract price ton for place asphalt concrete (miscellaneous area) in addition to the prices paid for the materials involved shall be limited to ditches, overside drains, aprons at the ends of drainage structures.

When there is a contract item for paint binder (tack coat), the quantity of asphaltic emulsion or paving asphalt used as paint binder (tack coat) will be paid for at the contract price per ton for paint binder (tack coat). When there is no contract item for paint binder (tack coat), full compensation for furnishing and applying paint binder (tack coat) shall be considered as included in the contract price paid per ton for asphalt concrete of the type(s) designated in the Engineer's Estimate and no separate payment will be made therefor.

When there is a contract item for fog seal coat, the quantity will be paid for by the ton as provided in Section 37-1, "Seal Coats," of the Standard Specifications. 240
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No adjustment of compensation will be made for an increase or decrease in the quantities of paint binder (tack coat) or fog seal coat required, regardless of the reason for such increase or decrease. The provisions in Section 4-1.03B, "Increased or Decreased Quantities," of the Standard Specifications shall not apply to the items of paint binder or fog seal coat.

The contract price per linear foot of Bike Trail Pathway shall include asphalt concrete, aggregate base, lumber, geotextile, infiltration trench, and snow poles. The above contract prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in producing, hauling, and placing asphalt concrete, including preparation of the mix design, treatment with hydrated lime or liquid antistrip if necessary, and all necessary quality control, complete in place, as shown on the plans, as specified in this Section of these Special Provisions, and as directed by the Engineer.

Payment for AC patch shall be included in the price per square foot of pedestrian ramp and includes excavation, grading, backfill, compaction of subgrade, and furnishing, placing and compacting aggregate base; placing AC patch including labor materials and equipment, and furnishing and installing detectable warning plates and other appurtenances for a complete installation as indicated on the plans.
10-1.27 HIGH DENSITY POLYETHYLENE PIPE (HDPE)
High Density Polyethylene Pipe Culverts (HDPE, Type S) shall conform to the provisions of Section 64, "Plastic Pipe," of the Standard Specifications and these special provisions.

Pipe facilities shall be constructed as shown on the plans. The Contractor shall clean the interior of the pipeline as work progresses and the pipeline shall be clear and free of debris and sediment before acceptance by the City. No trenches shall remain open during non-working hours unless approved by the Engineer.

The Contract unit price per linear foot paid for the various sizes of HDPE shall include full compensation for all labor, materials, equipment and incidentals necessary for complete installation, including saw-cutting, asphalt concrete and concrete removal, excavation, pipe bedding, pipe, pipe fittings, concrete encasement as necessary, rock at inlet and outlet, backfill and compaction, aggregate base, and asphalt concrete paving, and no additional payment shall be allowed therefor.
10-1.28 TYPE B1 SEDIMENT TRAP
Sediment Traps shall conform to the provisions of Section 65, "Reinforced Concrete Pipe" of the Standard Specifications and these special provisions.

CMP Sediment Traps shall consist of a 48-inch RCP pipe section configured vertically, installed in-line as a sump to retain and collect sediments. Fabrication shall include pipe stub-outs with required couplings, top cover of types as shown on the plans, grate fabrication on outlets, perforations if required on the plans for infiltration, drain rock, rock rip-rap and associated concrete as required for forming base. Pipe stub-outs shall be minimum two feet long and maximum four feet long.
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Where the depth of drainage structures (Sediment Traps, etc.) exceeds 4 feet measured from the top of grate to the floor of the structure, install steps or ladders with the lowest rung 1-foot above the floor and highest rung not more than 6-inches below the top of grate. The distance between steps shall not exceed 12-inches and shall be uniform throughout the length of the wall. Place steps in the wall without an opening. Step inserts may be substituted for the bar steps. Step inserts shall comply with State Industrial Safety Requirements. See Caltrans Standard Plan D75C for step details.

Full compensation for the contract unit price per each shall include furnishing all labor, materials, tools, equipment and incidentals necessary to install Type B2 RCP Sediment Trap, including, but not limited to all labor, tools, equipment, materials, sawcutting, curb and gutter and asphalt removal, excavation, backfill, pipe, base, cover, filter fabric, flat concrete top, frame and cover, asphalt paving and incidentals is included in the Contract unit price paid per each for Double Barrel Sediment Trap and no additional compensation will be allowed therefor. 10-1.29 PORTLAND CEMENT CONCRETE
Curb and Gutter, Valley Gutter and Curb Outlet shall conform to the provisions of Section 73, "Concrete Curbs and Sidewalks," of the Standard Specifications, except that in no case shall the cement content be less than 658 pounds per cubic yard, the control joints shall be located at intervals not exceeding 6 feet and the expansion joints shall be located at intervals not exceeding 18 feet. An air-entraining admixture conforming to the requirements of Section 90-4, "Admixtures," of the Standard Specifications shall be added to the concrete to result in an air content of seven (7) percent, plus or minus one and one-half (1-1/2) percent in the freshly mixed concrete. Curing of concrete shall conform to one of the methods included in Section 90-7 of the Standard Specifications. Selection of a particular curing method for each concrete structure shall be subject to approval of the Engineer. Curing compound shall be clear.

At the City's option, test cylinders for compressive strength testing may be taken by the City or its representative from each load of concrete delivered to the site for construction of concrete Curb and Gutter, Cut Off Curb, Flared Curb Transitions or Curb Outlets. Cylinders will be tested in accordance with the provisions of Section 90-9.01 of the Standard Specifications. The costs of all such tests will be borne by the City. In the case of test failure, a copy of the test report for the failed concrete will be provided to the Contractor. It shall be the Contractor's responsibility to replace or repair, to the satisfaction of the Engineer, the portion of the work in which the unacceptable concrete was used. The cost of additional testing for the portion of the work which is replaced or repaired shall be borne by the Contractor.

Where the plans show a connection to an existing curb and gutter, the new work shall join the existing curb and gutter so as to form a smooth transition and shall not result in abrupt changes in grade or shape in the completed work. The Curb and Gutter, Valley Gutter and Curb Outlets shall be constructed according to the Drawings, the Standard Specifications and these special provisions. Curb and Gutter shall be constructed over 8 inches of Class 2 aggregate base. The aggregate base shall be compacted to 95% relative compaction. For rolled and vertical curb subbase under the aggregate base shall be compacted to 90% relative compaction for a depth of 8 242
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inches. For valley gutters the native sub-grade shall be compacted to 90% relative compaction for a depth of 6 inches.

The Contractor shall determine the mix proportions for all concrete to be used and submit a copy of the mix design to the Engineer five days in advance of planned work. No concrete shall be used in the work until the mix design is approved by the Engineer.

No admixtures other than those listed in these specifications shall be added to concrete without prior approval of the Engineer.

All Curb and Gutter, Valley Gutter, associated aggregate base and pavement patch, shall be considered in the price per square foot of pedestrian ramp and no additional compensation will be allowed therefor. This includes removal of curb and gutter in places where a pedestrian ramps will be placed. A 2 foot patch of asphalt shall also to be removed and replaced where curb and gutter has been removed and replaced according to the plans.

Pedestrian ramps and ADA pads installed will conform with section 90 “Concrete” of the Standard Specifications.

Concrete shall be 4000 psi with jointing shall be as indicated on the plans. The contractor must use the curing compound method, the curing compound shall be curing compound (6) conforming to the provisions in Section 90-1.03B “Curing Compound Method,” of the Standard Specifications. The curing compound shall be applied in a manner that will provide a complete coating of all exposed faces of the concrete surface.

Contractor shall note that final longitudinal, cross slopes and wings for PCC ADA pedestrian ramps conform to the American Disabilities Act Accessibility Guidelines (ADAAG) and no direct payment shall be made for field changes to comply with ADAAG.

ADA Detectable warning plates shall be the type called out on the plans. At all accessible ramps, install detectable warnings as shown on the plans and per the manufacturer’s recommendations.

Payment for Pedestrian Ramp and ADA pads shall be included in the price per square foot of pedestrian ramp and includes excavation, grading, backfill, compaction of subgrade, and furnishing, placing and compacting aggregate base; placing concrete and reinforcement necessary to install concrete improvements including labor materials and equipment, and furnishing and installing detectable warning plates and other appurtenances for a complete installation as indicated on the plans.
10-1.30 ROCK SLOPE PROTECTION
Rock for use in Rock Slope Protection shall be of the type and size indicated on the plans and shall conform to the provisions in Section 72-2, "Rock Slope Protection," of the Standard Specifications and these special provisions.
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Rock size shall be as shown on the plans. Rock shall be angular and of a color that matches native materials found in the Lake Tahoe Basin. A sample of the proposed rock shall be submitted to the Engineer a minimum of ten (10) working days prior to constructing any of the proposed improvements specified in this section. Rock color shall be approved by the Engineer in writing prior to the Contractor installing the rock.

Only equipment that can be safely operated in the confined construction corridor will be permitted, because of the confined linear nature of the drainage ditches and other areas where rock rip-rap is to be placed, and hand placement or manipulation of rock is required by the Engineer to achieve the required ditch configuration. Local surface irregularities of the rock riprap shall not vary from the planned slopes by more than 4-inches measured at right angles to the slope.

The Contract unit price paid per linear foot for the following items: 18” HDPE is included in compensation for installation of culvert. The work shall include, furnishing all labor, material, equipment and incidentals to construct rock slope protection as described in the plans, and no additional compensation will be allowed therefor.
10-1.31 EXISTING FACILITIES
The following Contract items: Demolition, and relocation of existing facilities shall be as shown on the plans and shall conform to the provisions of Section 15, “Existing Facilities” of the Standard Specifications.

The work performed in connection with demolition or removal of various existing facilities, vegetation, or soil material as indicated on the plans or otherwise required to construct the improvements shown on the plans shall conform to the provisions of section 15, “Existing Highway Facilities,” of the Standard Specifications and these Special Provisions.

Existing facilities include: Removal, existing culverts, drainage facilities, pipes, and, backfill, compaction, the repair and placement of AC pavement or curb and gutter as shown on the plans, fence removal, sign relocation, tee box relocation, and boulder relocation. Surplus existing AC pavement from excavation and/or trenches shall become the property of the Contractor and shall be removed and disposed of outside of the highway right of way in accordance with the provisions in Section 7-1.13, “Disposal Of Material Outside The Highway Right Of Way,” of the Standard Specifications, outside of the Tahoe Basin, and in accordance with these Special Provisions.

Where a portion of existing surfacing is to be removed, the outline of the area to be removed shall be cut on a neat line with a power-driven saw to a minimum depth of 2.5 inches before removing the surfacing. If sawcut pavement is damaged before paving, it is the Contractor’s responsibility and at his expense, to recut any damaged portion before paving.

Full compensation for cleaning of portions or entire lengths of existing culverts and existing storm drain facilities as shown on the plans or as directed by the Engineer is included in other items of work and no additional compensation will be allowed therefor. 244
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Prior to the start of construction, the Contractor shall perform a comprehensive photographic and video survey of all existing facilities, utilities, pavement, structures, and other improvements within the project limits. The survey shall document the pre-construction condition of all elements that may be impacted by construction activities. Photographs and video shall be highresolution, time-stamped, and clearly labeled to indicate locations and key features. The Contractor shall submit digital copies of all documentation to the Engineer for review and record-keeping prior to mobilization. In the event of a dispute regarding damage to existing facilities, these records shall serve as the basis for determining the pre-existing condition. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work involved, and no additional payment will be made therefor.

Existing concrete, bituminous surfacing and aggregate base required to be removed to construct proposed improvements as shown on the plans or directed by the Engineer, shall be neatly sawcut and then removed and disposed of in accordance with local ordinances. Concrete or asphalt concrete shall be removed from the sawcut to the right of way in areas where curb and gutter is to be installed. The outline of the excavated area to be removed shall be cut on a neat line with a power-driven saw to a minimum depth of 0.25-foot before removing asphalt concrete surfacing. Asphalt concrete outside the area marked for removal that is damaged during the removal operation shall be replaced at the Contractor’s expense. Any asphalt concrete removed without previously acquiring permission from the Engineer shall be replaced by the Contractor at the Contractor’s expense.

All other removals of concrete, asphalt, and aggregate base shall be considered as included in the contract lump sum price for demolition, and no additional compensation will be allowed, therefor.

Full compensation for saw cutting, removal, and disposal of existing asphalt concrete is included in other items of work, and no additional compensation will be allowed.

Full compensation for the removal of the existing fence shall be included in the contract unit price for Demolition, paid as a lump sum that includes all labor, materials, tools, equipment, and incidentals and for all work involved in removing and hauling the fence; no additional compensation will be allowed therefor.

Full compensation for the relocation of the existing disc golf facilities, boulders and signs shall be included in the contract lump sum price for Adjusting Existing Facilities that includes all labor, materials, tools, equipment, and incidentals, and for doing all work involved in removing and hauling the fence; no additional compensation will be allowed therefor.

The Contractor shall preserve any found existing monuments per the State of California Business and Professions Code Section 8771. The Contractor shall retain a licensed land surveyor in the State of California to complete a Pre-Construction Survey Form and, upon completion of the Project, to complete a Certificate of Compliance to confirm the monuments were not disturbed.

If the Contractor disturbs or removes any monuments in the project area, the Contractor shall 245
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replace the monuments, set by a licensed land surveyor in the State of California, and file with the County at the Contractor’s expense.
10-1.32 REVEGETATION

GENERAL
The Contractor shall perform all revegetation work as specified herein and in accordance with the provisions of these Special Provisions, the Plans, and the Standard Specifications. The revegetation work shall consist of all site preparation associated with the revegetation treatments and shall include topsoil salvage, seedbed preparation, soil amending, application of soil inoculants, seeding, mulching with tackifier, and installation of erosion control blankets, in accordance with the requirements as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. Revegetation shall progress in an order submitted by the Contractor and as approved by the Engineer.

Additionally, revegetation efforts shall include the restoration of the existing use trail where proposed trail does not cover. Restoration shall be achieved through soil preparation, seeding, mulching, and any other necessary means to ensure the bike trail is integrated into the natural landscape and stabilized to prevent erosion. The revegetation shall be type TT2. The Contractor shall coordinate with the Engineer to identify sections of the bike trail requiring revegetation.

Soil disturbance shall be minimized and limited to those areas that require treatment. All existing vegetation within the project limits not designated for removal shall be protected per the requirements of Section 10-1.14, Tree and Vegetation Protection, of these Special Provisions.

Any existing vegetation damaged shall be replaced by the Contractor in accordance with these Special Provisions.

The Contractor shall request that treatment types and boundaries are located by the Engineer prior to progressing with the work. All revegetation work shall be performed by a licensed and qualified landscape contractor (C-27).

All revegetated areas shall be maintained for one year following completion of the revegetation work.

SITE PREPARATION AND GRADING
Soil disturbance shall be minimized and limited to those areas that require treatment. All existing vegetation within the project limits not designated for removal shall be protected. The Contractor shall replace any vegetation seriously damaged at their expense.

All compacted soils in the project area shall be loosened as needed to a depth of 6 inches unless otherwise specified or directed by the Engineer. Soils shall be loosened so that no soil clods are larger than an average of 1 inch in diameter. Final surfaces shall be non-uniform, rough, and 246
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natural in appearance, with the exception of swales, which shall be raked smooth prior to blanket installation.

During clearing and grubbing, the General Contractor shall stockpile vegetation and topsoil for reuse in the project area. Topsoil shall be re-applied in all basins and channels. Vegetation shall be chipped and used with topsoil for a topsoil/organic matter application. Contain material with proper Best Management Practices such as silt fence or fiber rolls. Topsoil may not be stockpiled for more than two months.

TREATMENT TYPES
Treatment Type 2 (TT2). Areas disturbed by construction and staging activities and areas existing compacted areas designated on the plans for restoration. Do not disturb existing vegetation. Loosen soils with hand tools. Apply soil amendments and soil inoculants, incorporate.

Hand broadcast seed, incorporate. Apply wood chip mulch with 500 lbs/acre wood fiber mulch and 150 lbs/acre tackifier.

SUBMITTALS
The Contractor will be required to submit to the Engineer material samples or labels for the following materials. The Contractor shall submit a proof of purchase/orders for materials within 30 days of the Contract award to the C-27. Proposed substitutions must be submitted in writing for approval by the Engineer.

Seed
Soil Amendments
Soil Inoculants
Wood Chips
Tackifier
Construction Schedule and Order of Work

MATERIALS
Salvaged Topsoil and Organic Matter. Salvage all available topsoil to a depth of approximately 6 inches and stockpile on site at a location approved by the Engineer. Contain piles with silt fence, sediment logs, or other approved BMPs until re-use.

Seed. All seed shall conform to all laws and regulations pertaining to the sale and shipment of seed required by the California Food and Agricultural Code of 1982, Regulations of 1983, and the Federal Seed Act. Seed shall be TRPA-approved species. For rabbitbrush and sagebrush, test seed within 6 months prior to seeding, unless otherwise directed by the Engineer. All other seed must be tested within 12 months of application date. Seed tags must reflect the most recent test date. Submit original seed tests by lot number to the Engineer a minimum 30 days prior to application for approval. Following approval by the Engineer seed may be mixed and delivered to the site. Deliver all seed to the project site in sealed bags with proper labeling. Weed seed shall not exceed 0.25% of the pure live seed specified and shall not include any seed of 247
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cheatgrass, (Bromus tectorum) or sweet clovers (Melilotus officinalis, M. alba). Crop seed shall not exceed 0.50%
Seed tags shall show the following information:

Scientific name
Common name
Lot number
Percent purity
Percent germination, including hard and dormant seed
Percent weed seed
Percent crop seed
Requests for substitute species, and/or varieties must be submitted in writing. Written approval from the Engineer is required for all requested substitutions.

Table 1. Revegetation Seed Mix
Botanical Name Common Name/Variety PLS
lbs/acre
Achilles mille folium Yarrow 0.20
Artemisia tridentata ssp.
vaseyana
Mtn. Sagebrush 1.00
Achnatherum occidentalis Western needlegrass 1.00
Bromus carinatus California Brome, ‘Bromar’ 4.00
Chrysothamnus nauseosus Rabbitbrush 1.00
Elymus elymoides Squirreltail 4.00
Elymus glaucus Blue wildrye 2.00
Elymus trachycaulus Slender wheatgrass, ‘Pryor’ 4.00
Eriogonum umbellatum Sulfur buckwheat 1.00
Linum lewisii Lewis flax. ‘Apar’ 0.50
Lupinus argenteus Silver lupine 0.50
Poa ampla Big bluegrass, ‘Sherman’ 2.00
Purshia tridentata Antelope bitterbrush 1.00
Totals 22.20
Soil Amendments. Amendments shall be a combination of Kiwi Power and Sustane 4-6-4 or Kiwi Power and Biosol, or approved product equals.

Table 2. Soil Amendments

PRODUCT COMPONENT ANALYSIS RATE OF
Kiwi Power Spirostant 20.00% 5 gal/acre
Parigenin 10.62%
Sarsaponin 10.00%
Inert Ingredients 24.61%
Sarsapogenin 11.52%
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Humic Acid 10.00%
Cytokinin 00.25%
Biosol 7-2-3 Fungal/bacterial 94.00% 1800 lbs/acre
Water 06.00%
Nitrogen (Total) 07.00%
Nitrogen (Water 0.50%
Avail. Phosphoric 2.00%
Soluble Potash (K2O) 3.00%
Ph (approximate) 5.4
Heavy Metal Content
Copper (Cu) 11.800
Iron (Fe) 01.865
Nickel (Ni) 05.250
Chromium (Cr) 06.000
Lead (Pb) 02.250
Cadmium (Cd) 00.092
Zinc (Zn) 65.000
Sustane 4-6-4 Ammoniacal N 00.4% 2000 lbs/acre
Water Soluble N 00.4%
Water Insoluable N 03.2%
Manganese 00.05%
Zinc 00.04%
Sulphur 01.00%
Magnesium 00.80%
Calcium 04.00%
Soil Inoculants. Mycorrhizal inoculants shall consist of spores, mycelium, and mycorrhizal root fragments in a solid carrier suitable for handling by dry application. The carrier shall be the material in which the inoculum was originally produced, and may include organic materials, vermiculite, perlite, calcined clay, or other approved materials consistent with proper application and good plant growth.

Each endomycorrhizal inoculum shall carry a supplier’s guarantee of number of propagules per unit weight or volume of bulk material. Species shall be 50% Glomus intraradices (Utah), 25% Glomus intraradices (Arizona), and 25% Glomus etunicatum. The inocula shall contain at minimum 120 spores per gram. Product bag shall be labeled with a lot number and the harvest date of the inocula. One-ounce sub-samples shall be made available to the Engineer thirty days prior to application for verification of species and spore counts. Inocula shall be transported and stored in areas with a temperature of less than 90 º F. Use a dust mask when handling the material.

Wood Chips. Wood chips shall be manufactured from clean wood. The particle size of the chips shall be between 0.5 inch and 3 inches in length and not less than 0.5 inch in width and 0.125 249
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inch in thickness. Wood chips shall be at minimum equal to Caltrans specification 20-2.08. At least 95 percent by volume of wood chips shall conform to the sizes specified. The Revegetation Specialist shall approve material prior to application.

Tackifier. Material shall be of an organic, plant-derived substance containing psyllium, guar gum, or starch, such as PT-TAC, Reclamare, M-Binder, Eco-tak, or approved equal. Material shall form a transparent 3-dimensional film-like crust permeable to water and air and containing no agents toxic to seed germination.

INSTALLATION OF TREATMENTS
Contractor shall notify the Engineer no less than 72 hours in advance of revegetation work and shall not begin the work until prepared treatment areas have been approved. All work shall take place in the fall and prior to October 15 unless other wise approved by the Engineer, or where sites are irrigated.

Preparation of Seed Beds. All compacted soils shall be thoroughly loosened to a depth of up to 6 inches as with hand tools, an agricultural disc, rippers, or other equipment approved by the Engineer.

Application and Incorporation of Salvaged Topsoil. Incorporate with shovels and rakes, the bucket of a backhoe, rototiller, or other approved equipment.

Application of Soil Inoculant and Soil Amendments. A dust mask must be used when handling inoculants. Apply inoculants at 60 lbs/acre with amendments. Hand broadcast or apply hydraulically. Incorporate by raking or other approved method.

Seeding. All seeding shall be in between September 1 and October 15 unless otherwise approved by the Engineer. Seed shall be uniformly broadcast with hand-held seeders or approved equal over prepared areas and lightly raked to incorporate to a depth of ¼ inch to ½ inch. Seed shall not be left uncovered more than 24 hours unless otherwise approved by the Engineer. Seeding shall not occur under conditions that would allow the seed to become windborne (greater than 5 mph).

Mulching. Clean wood chips shall be evenly applied to a depth of approximately .5 inches for approximately 40 cubic yds/acre. Pine needles shall be applied to a maximum depth of ½ inch (approximately 16,000 lbs/acre).

Mulch Anchoring. Pine needles or wood products shall be anchored with mulch and tackifier. A hydroseeder with a paddle wheel agitator shall be used to evenly apply the mixture at the following rates under suspension unless otherwise approved. Mix in accordance with the following:

Wood-cellulose fiber mulch: 500 lbs/acre
Tackifier: 150 lbs/acre
Water: As needed
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Mulch Application. Mix HydroStraw and tackifier in a tank equipped with an agitator so a uniform suspension is achieved. Apply the slurry within one (1) hour. Apply at a rate of 3,500 lbs/acre and 150 lbs/acre tackifier.

MAINTENANCE
Maintain all areas for one year so that there is no evidence of erosion, such as rills or gullies. The maintenance period begins on the date following the last installation. Maintenance may include re-application of seed, mulches, and tackifiers. During the 1-year maintenance period, seeded areas shall be kept free from noxious weeds at all times. The Engineer will identify noxious weeds requiring immediate removal. If at any time it is deemed that proper maintenance is not being performed, the countdown for the 1-year maintenance period shall be stopped and not resumed until the project is brought up to the specifications and proper maintenance is resumed.

PERFORMANCE STANDARD AND ACCEPTANCE
Contractor shall guarantee revegetation for a period of one (1) full growing season after completed seeding as follows.

Revegetated areas will be inspected by the Engineer at completion of installation and accepted subject to compliance with specified materials and installation requirements. Following two full growing seasons after treatment, Contractor shall be responsible for 20% coverage by seeded species and 90% mulch such that there is no significant evidence of rills, gullies or other evidence of erosion. If specified coverage is not achieved, the Contractor may be required to reseed, re-soil amend, and/or re-mulch. The Engineer, upon Contractor’s request, will make final inspection and acceptance at the conclusion of the maintenance period, one full year following completion of the revegetation work. Provide the Engineer notification at least 10 working days before requested inspection date.

PAYMENT
The Contract lump sum price for Adjusting Existing Facilities includes full compensation for furnishing all labor, material, equipment and incidentals necessary to install the Treatment Type 2 Revegetation behind curb, all disturbed areas and staging areas. The work shall include, but not be limited to, preparing soil and applying soil amendments, soil inoculants, mulch and tackifier as described within these special provisions. 10-1.33 SIGNS AND PAVEMENT MARKINGS
Signs installed will conform to Section 82 “Signs and Markers” of the Standard Specifications.

The materials of the signs will conform to Section 82-2.02. Pavement markings shall comply with section 84 of the standard specifications. The material of the pavement markings shall conform with section 84-2.02 of the Standard Specifications. Traffic Sign Specifications for signs referenced with Federal MUTCD sign codes can be found in the Standard Highway Signs Book, administered by the Federal Highway Administration. 251
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Temporary and permanent signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back, and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive over spray and aluminum marks. All sign posts and the back of all signs shall be powder coated flat black. All snow poles shall be installed as indicated on the plans.

Thermoplastic traffic stripe shall be applied in conformance with the provisions in Section 84, "Markings," of the Standard Specifications and these special provisions. Thermoplastic material shall be free of lead and chromium, and shall conform to the requirements in either State Specification PTH 02ALKYD or PTH 02HYDRO. All thermoplastic shall be 9mm thick after final application. Retroreflectivity of the thermoplastic traffic stripes shall conform to the requirements in ASTM Designation: D 6359 99. Yellow thermoplastic traffic stripes shall have a minimum initial retroreflectivity of 175 mcdm 2lx 1. Residue produced from recess construction shall be removed from the roadbed by use of vacuum equipment attached to the recess equipment. Residue from removal operations shall not be permitted to flow across the pavement nor to flow into gutters or other drainage facilities. Residue shall be removed from pavement surfaces concurrently with the recess construction process and before the residue is blown by action of traffic or wind. Thermoplastic traffic stripes (recessed) shall be free of runs, bubbles, craters, drag marks, stretch marks, and debris. Thermoplastic traffic stripe will be measured in the same manner specified for thermoplastic traffic stripe in Section 84, "Traffic Stripes and Pavement Markings," of the Standard Specifications.

The RRFB shall be solar-powered, radio, push button activated warning system with crosswalk illuminator and comply with California MUTCD and Section 86 of the Standard Specifications.

System shall include light bars, illuminator, solar panels, controllers and cabinet, pole assemblies and hardware, and static signage.

Payment for pavement markings shall be included in the contract lump sum price for pavement markings. Payment for Rectangular Rapid-Flashing Beacon shall be included in the contract lump sum price for RRFB. Payment for snow markers shall be included in the contract unit price per linear foot for Trail Pathway. Payment for the relocation of signs shall be included in the contract lump sum price for demolition. Payment for stop signs shall be included in the contract price per each. No additional compensation will be allowed therefor for any of the listed items in this section.

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EXHIBIT A
BLOCK GRANT PROVISIONS (APPENDICES A, B, C1, AND C2)
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APPENDIX A

GENERAL BLOCK GRANT CONDITIONS

1.01 Definitions. As used herein, "HUD" means United States Department of Housing and Urban Development. "Project Area" for the purposes of this Exhibit means the City of South Lake Tahoe.

1.02 Compliance with Applicable Federal Regulations. GRANTEE shall comply with the provisions of 24 CFR 570, Subpart J and K, describing other program requirements, and the provisions of 2 CFR 200, relating to the uniform administrative requirements in the acceptance and use of Federal funds.

1.03 If GRANTEE receives State or City funds, GRANTEE shall, in the use of those State or City funds adhere to the applicable Federal laws, regulations, policies, guidelines or requirements, herein specified, only in so far as adherence thereto would not be prohibited by valid City or State laws, regulations, policies, guidelines or requirements.

1.04 Applicable Federal Civil Rights Laws and Executive Orders. In providing the services and work set forth in this Agreement, GRANTEE shall carry out its work in a manner that will permit full compliance by City and strict adherence by GRANTEE with the following:
i. Title VI of the Civil Rights Act of 1964, which provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance; and
ii. The Housing and Community Development Acts of 1974 and 1977, as amended, which provide that no person in the United States shall be excluded from participation in, be denied the benefits of, or be subjected to, discrimination under any program or activity funded, in whole or in part, with funds made available pursuant to said acts; and
iii. Title VIII of the Civil Rights Act of 1968 (The Fair Housing Act) which prohibits discrimination in the sale, rental, and financing of housing and the provision of brokerage services because of race, color, religion, sex, sexual orientation, actual or perceived gender identity, national origin, handicap, or familial status; and iv. Executive Order 11063, as amended by executive Order 12259, which provides for equal opportunity in housing and related facilities provided by federal financial assistance. This order and its implementing regulations require the Department of Housing and Urban Development to take all actions necessary to prevent discrimination because of race, color, religion, sex, or national origin in the use, 254
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occupancy, sale, leasing, rental or other disposition of residential property assisted with Federal loans, advances, grants or contributions; and v. Executive Order 11246, (as amended by Executive Orders 11375 and 12086 and further amendments) Equal Opportunity Under HUD Contracts and HUD-assisted Construction Contracts, which requires that GRANTEEs and sub-recipients, and their sub-contractor, agree not to discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual orientation, actual or perceived gender identity, or national origin; and
vi. Section 3 of the Housing and Community Development Act of 1968 Pertaining to Employment Opportunities for Lower-Income Persons (12 U.S.C. 1701u), requires that, to the greatest extent feasible on projects financed by HUD, a sub-recipient must:

1. provide opportunities for training and employment, arising in connection with a housing rehabilitation (including reduction and abatement of leadbased paint hazards), housing construction, or other public construction project, are given to persons with household income that is at or below 80% of the median income for South Lake Tahoe as defined by the Secretary of HUD residing within the South Lake Tahoe metropolitan area. Where feasible, priority should be given to residents within the service area of the project or the neighborhood in which the project is located who have household income that is at or below 80% of the median income for South Lake Tahoe as defined by the Secretary of HUD, and to participants in other HUD programs who have household income that is at or below 80% of the median income for the South Lake Tahoe area; and,

2. award contracts for work undertaken in connection with housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for persons residing within the metropolitan area in which the CDBG-funded project is located and have household income that is at or below 80% of the median income for South Lake Tahoe as defined by the Secretary of HUD. Where feasible, priority should be given to business concerns, that provide economic opportunities to residents within the service area or the neighborhood in which the project is located who have household income that is at or below 80% of the median income for South Lake Tahoe as defined by the Secretary of HUD, and to participants in other HUD programs who have household income that is at or below 80% of the median income for that area, and

3. self-certify whether they are a Section 3 business, employs Section 3 residents, or subcontracts with business that provide opportunities to lowincome persons when an award of $200,000 or more of HUD funding is provided for housing rehabilitation, housing construction, or other public construction projects, and/or $100,000 or more to sub-contractors, and

4. at a minimum, provide documentation on federal compliance, reporting and outreach efforts; and
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vii. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published which specify that no otherwise qualified individual shall, solely by reason of his or her handicap, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal assistance; and viii. The Age Discrimination Act of 1975, (Pub. L. 94-135), as amended, and implementing regulations when published for effect which provides that no person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving Federal assistance; and ix. The requirements relating to Minority-Owned and Women-Owned Business Enterprises set forth in 2 CFR 200.321, Executive Order No. 11625 of October 13, 1971, 36 Fed. Reg. 19967, as amended by Executive Order No. 12007 of August 22, 1977, 42 Fed Reg. 42839; and Executive Order No. 12432 of July 14, 1983, 48 Fed.

Reg., 32551; and Executive Order No. 12138 of May 18, 1979, 44 Fed. Reg. 29637, a sub-recipient must exercise affirmative outreach efforts when soliciting bids for service or construction when the federal funds received by the sub-recipient or subcontractor exceeds $10,000 and when the sub-recipient or sub-contractor is a forprofit organization/business; and x. The Uniform Federal Accessibility Standards set forth in 24 CFR, Part 40, Appendix A; and
xi. Americans with Disabilities Act of 1990 (ADA), which prohibits discrimination on the basis of disability in employment and in public accommodations and commercial facilities and defines the range of conditions that qualify as disabilities, and the reasonable accommodations that must be made to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for persons with disabilities. It further provides that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities where such removal is readily achievable – that is easily accomplishable and able to be carried out without much difficulty or expense; and xii. The provisions of 24 CFR Part 24, relating to the employment, engagement of services, awarding of contracts, or funding of any GRANTEE’s or sub during any period of debarment, suspension or placement in ineligibility status; and xiii. Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et. seq.). This law provides that any grant under section 106 shall be made only if the GRANTEE certifies to the satisfaction of the Secretary of HUD that the GRANTEE will, among other things, affirmatively further fair housing; and
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xiv. Section 109 of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et. seq., particularly 42 U.S.C. 6101 ets. seq., and 29 U.S.C. 794) and further amendments, which mandates that no person on the grounds of race, color, national origin, sex, sexual orientation, actual or perceived gender identity, age or religion shall be excluded from participation, denied the benefits of, or otherwise be subject to discrimination under any activity funded in whole or part with CDBG funds.
xv. Architectural Barriers Act of 1968 requires that federally funded buildings and other facilities, as defined in 24 CFR 40.2 and 41 CFR 101-19.602(2), to be designed, constructed, or altered in accordance with standards that insure accessibility to, and use by, physically handicapped people.

1.05 Relocation and Real Property Acquisition. GRANTEE shall comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) and 24 CFR 570.606(b); and (b) the requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement and Relocation Assistance Plan (Plan) under section 104(d) of the HCD Act. Under the URA and the Plan, the sub-recipient must provide relocation assistance to persons (families, individuals, businesses, non-profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. All property occupants must be issued certain notices on a timely basis.

The Plan also requires the one-for-one replacement of any occupied or vacant occupiable low/moderate-income housing that is demolished or converted to another use in connection with a CDBG-assisted project. Finally, the Plan requires the identification of the steps that will be taken to minimize displacement.

1.06 Political Reform Act. GRANTEE shall comply with the applicable provisions of the Political Reform Act of 1974, as amended, relating to conflicts of interest (codified in California Government Code Section 87000, et seq.) GRANTEE will promptly advise City of the facts and circumstances concerning any disclosure made to it or any information obtained by it relating to conflicts of interest.

1.07 Flood Disaster Protection. Notwithstanding any other provision of this Agreement, GRANTEE shall comply with the Flood Disaster Protection Act of 1973, as amended (P.L. 93-234), and the standards issued thereto. No portion of the monies to be paid to GRANTEE pursuant to this Agreement shall be used for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary of HUD as having special flood hazards which is located in an area not in compliance with the requirements for participation in the National Flood Insurance Program pursuant to Section 201(d) of said Act; and the use of any of said moneys for such acquisition or construction in such identified areas in communities then participating in the National Flood Insurance Program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act.
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Any contract or Agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary of HUD as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001, et. seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973, as amended. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement.

1.08 Equal Employment Opportunity. In providing the work and services herein specified, GRANTEE shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. GRANTEE shall take action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, actual or perceived gender identity, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. GRANTEE shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Federal Government or the City setting forth the provisions of this non-discrimination clause. GRANTEE shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, actual or perceived gender identity, or national origin. GRANTEE shall incorporate the foregoing requirements of this paragraph in all of its contracts for program work, and will require all of its GRANTEE’s for such work to incorporate such requirements in all subcontracts for program work.

1.09 Prohibition of and Elimination of Lead-Based Paint Hazard. Notwithstanding any other provision, GRANTEE agrees to comply with the regulations issued by the Secretary of HUD set forth in 24 CFR 570.608 and all applicable rules and orders issued there under which prohibit the use of lead-based paint in residential structures undergoing federally assisted construction or rehabilitation and require the elimination of lead-based paint hazards. Every contract or subcontract, including painting, pursuant to which such federally assisted construction or rehabilitation is performed, shall include appropriate provisions prohibiting the use of lead-based paint.
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1.10 Compliance With Clean Air and Water Acts. This Agreement is subject to 42 U.S.C 1857, et seq., and 33 U.S.C 1251 et seq., and the regulations issued pursuant thereto, therefore, GRANTEE agrees as follows:
i. GRANTEE stipulates that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20; ii. GRANTEE agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, (33 U.S.C. 1318), as amended, relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under; iii. GRANTEE stipulates that as a condition for the award of the contract, prompt notice will be given of any notification received from the DIRECTOR Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities; iv. GRANTEE agrees that criteria and requirements in subparagraphs (a) through (d) of this Section 1.09 will be included in every non-exempt subcontract and GRANTEE shall take such action as the City or HUD requires as a means of enforcing such provisions.

In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113 (c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act.

1.11 Federal Labor Standards Provisions (Davis-Bacon Wage Rates). Except with respect to the rehabilitation of residential property designed for residential use for less than eight (8) families, GRANTEE and all GRANTEE’s engaged under contracts in excess of Two Thousand Dollars ($2,000) for the construction, completion or repair of any building or work financed in whole or in part with assistance provided under this agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by state 259
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or local law, nothing hereunder is intended to relieve GRANTEE of its obligation, if any, to require payment of the higher rates. GRANTEE shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such contracts in excess of Twenty Five Thousand Dollars ($25,000), 29 CFR 5a.3.

GRANTEE shall not award any contract or subcontract which is otherwise in compliance with this Agreement to any person or sub-contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract.

1.12 Copeland “Anti-Kickback” Act (all contracts in excess of $2,000) GRANTEE must comply with the Copeland “Anti-Kickback” Act (18 U.S.C., Section 874), as supplemented in Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”), and that it is the Contractor’s responsibility to ensure compliance by any and all subcontractors performing work under this Contract

1.13 Nondiscrimination Under Title VI of the Civil Rights Act of 1964. GRANTEE under this Agreement shall be subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR PART 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, GRANTEE shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, sexual orientation, actual or perceived gender identity, or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that GRANTEE and the United States are beneficiaries of and entitled to enforce such covenant. GRANTEE, in providing the services and work it is to provide pursuant to this Agreement, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate.

1.14 Interest of Certain Federal Officials. No member of, or Delegate to, the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit arising from same.

1.15 Conflict of Interest. No officer, employee, or agent of City who exercises any functions or responsibilities with respect to the CDBG program or to the services and work to be performed by GRANTEE pursuant to this Agreement, during such officer's, employee's, or agent's tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 260
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GRANTEE shall incorporate or cause to be incorporated in every contract required to be in writing a provision prohibiting such interest pursuant to the purposes of this section.

1.16 Prohibition Against Payments of Bonuses or Commissions. The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Acts of 1974 or 1977, or HUD regulations with respect thereto; provided, however that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.

1.17 Copyrights. If this Agreement results in a book or other copyrightable material, the author is free to copyright the work, but HUD reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted material and all material which can be copyrighted.

1.18 Patents. Any discovery or invention arising out of or developed in the course of work aided by this Agreement shall be promptly and fully reported to City and HUD for determination by HUD as to whether patent protection on such invention or discovery will be sought and how the rights in the invention or discovery, including the rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest.

1.19 Political Activity.
i. Partisan Activity Prohibited. No funds provided in this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office; nor shall they be used to provide services, or for the employment or assignment of personnel, in a manner supporting or resulting in the identification of programs conducted pursuant to this Agreement, with the following: (1) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; (2) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; or (3) any voter registration activity.

Participants employed in the administration of the CDBG Plan and/or Program, and participants whose principal employment is in connection with an activity financed by the CDBG Program or its proceeds are subject to limitation on 261
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political activities under the Hatch Act (5 U.S.C. 1502(a), 18 U.S.C. 595). All participants may take part in non-partisan activities outside working hours. ii. Lobbying Prohibited.

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the GRANTEE, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the GRANTEE shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The GRANTEE shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

1.20 Guidelines On Church-Related Activities.
i. Construction or Rehabilitation of Facilities. Block grant fund recipients shall not use any funds to construct, rehabilitate, maintain, or restore religious structures (including those which may be historic properties) currently used for religious purposes. Block grant funds shall not be used to construct, rehabilitate, maintain, or restore structures or other real property owned by "pervasively sectarian" organizations. Block grant 262
01300

funds shall not be used to assist a religious organization in acquiring property. These prohibitions apply whether or not the property is used for religious services or instruction or is used in any other way for religious activities. ii. Public Services. Block grant funds may be used for the provision of public services under the following conditions:

1. The public services provided are exclusively non-religious in nature and scope;

2. There are no religious services, proselytizing, instruction, or any other religious influences in connection with the public services;

3. There is no religious discrimination in terms of employment or benefits under the public services; and

4. The CDBG funds may be used only for the provision of public services and not for the construction, rehabilitation or restoration of any facility owned by the religious organization where the services are to be provided. A narrow exception to this prohibition is that minor repairs may be made where such repairs (a) are directly related to the public services, (b) are located in a structure used exclusively for non-religious purposes, and (c) constitute in dollar terms a minor portion of the CDBG expenditure for the public services.

1.21 Resident Aliens (24 CFR 570.613). Certain newly legalized aliens, as described in 24 CFR Part 49, are not eligible to apply for the benefits under covered activities funded by the CDBG program. "Covered activities" are activities meeting the requirements of 24 CFR 570.208(a) that either (1) have income eligibility requirements limiting benefits exclusively to low- and moderate-income persons, or (2) are targeted geographically or otherwise to primarily benefit low- and moderate-income persons (except for activities that benefit the public at large), and provide benefits on the basis of an application.

1.22 Environmental Requirements (24 CFR 570.604). GRANTEE is not allowed to incur program expenses until the City has performed an environmental review of the proposed activities, received the release of funds, and provided the GRANTEE with formal clearance to initiate them, along with directives for any action necessary to mitigate negative environmental impacts (24 CFR Part 58).

1.23 Historic Preservation. GRANTEE shall not violate provisions of the Historic Preservation Act and related laws and Executive Orders. Before any commitments are made to make any physical improvements or alterations or demolition of any 263
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building, GRANTEE shall receive assurances from the City that the GRANTEE is in compliance.

1.24 Buy-America Preferences. Strengthening Buy-American Preferences for Infrastructure Projects. Recipients of covered programs (as defined in Executive Order 13858, 31 January 2019, and 2 C.F.R. §200.322 (Domestic preferences for procurements)) are hereby notified that they are encouraged to use, to the greatest extent practicable, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States in every contract, subcontract, purchase order, or subaward that is chargeable under this Award. 264

APPENDIX B
Davis-Bacon Act WD # CA20250007 (Update by Bid Date)
"General Decision Number: CA20250007 07/04/2025
Superseded General Decision Number: CA20240007
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway Counties: Alpine, Amador, Butte, Colusa, El Dorado, Glenn, Lassen, Marin, Modoc, Napa, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Yolo and Yuba Counties in California.

BUILDING CONSTRUCTION PROJECTS (excluding Amador County only); DREDGING CONSTRUCTION PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); AND HIGHWAY CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the | |2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.75 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2025. |
| | |
|If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | 265

|30, 2022: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
| | |
The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date
0 01/03/2025
1 01/10/2025
2 02/07/2025
3 02/21/2025
4 02/28/2025
5 03/07/2025
6 03/21/2025
7 06/13/2025
8 06/27/2025
9 07/04/2025
ASBE0016-001 01/01/2024
AREA 1: MARIN, NAPA, SAN BENITO, SAN FRANCISCO, SOLANO, &

SONOMA COUNTIES
AREA 2: ALPINE, AMADOR, BUTTE, COLUSA, EL DORADO, GLENN,

MODOC, NEVADA, PLACER, PLUMAS, SACRAMENTO, SHASTA, SIERRA,

SISKIYOU, SUTTER, TEHEMA, TRINITY, YOLO, & YUBA COUNTIES Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
Protective Coverings,
Coatings, and Finishes to all
types of mechanical systems)
Area 1......................$ 84.76 25.07
266

Area 2......................$ 64.56 25.07
ASBE0016-007 05/01/2024
AREA 1 : ALPINE, AMADOR, BUTTE, COLUSA, EL DORADO, GLENN,

LASSEN, MODOC, NEVADA, PLACER, PLUMAS, SACRAMENTO, SHASTA,

SIERRA, SISKIYOU, SOLANO, SONOMA, SUTTER, TEHAMA, TRINITY, YOLO & YUBA COUNTIES
AREA 2: MARIN & NAPA COUNTIES
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)
AREA 1......................$ 34.56 11.40
AREA 2......................$ 36.53 9.27
BOIL0549-002 01/01/2021
Rates Fringes

BOILERMAKER
(1) Marin & Solano Counties.$ 49.62 41.27
(2) Remaining Counties......$ 45.60 38.99
BRCA0003-001 08/01/2024
Rates Fringes
MARBLE FINISHER..................$ 42.06 19.80
BRCA0003-004 05/01/2024
AREA 1: ALPINE, AMADOR, BUTTE, COLUSA, EL DORADO, GLENN,

LASSEN, MODOC, NEVADA, PLACER, PLUMAS, SACRAMENTO, SHASTA,

SIERRA, SUTTER, TEHAMA, YOLO AND YUBA COUNTIES
AREA 2: MARIN, NAPA, SISKIYOU, SOLANO, SONOMA AND TRINITY

COUNTIES
267

Rates Fringes

BRICKLAYER
AREA 1......................$ 52.76 25.01
AREA 2......................$ 57.02 28.50
SPECIALTY PAY:
(A) Underground work such as tunnel work, sewer work,
manholes, catch basins, sewer pipes and telephone conduit shall be paid $1.25 per hour above the regular rate. Work in direct contact with raw sewage shall receive $1.25 per hour in addition to the above.
(B) Operating a saw or grinder shall receive $1.25 per hour above the regular rate.
(C) Gunite nozzle person shall receive $1.25 per hour above the regular rate.

BRCA0003-008 07/01/2024
Rates Fringes
TERRAZZO FINISHER................$ 44.93 20.98
TERRAZZO WORKER/SETTER...........$ 60.58 29.79
BRCA0003-010 04/01/2024
Rates Fringes

TILE FINISHER
Area 1......................$ 35.00 17.44
Area 2......................$ 34.76 19.22
Area 3......................$ 37.75 19.28
Area 4......................$ 35.78 19.23
Tile Layer
Area 1......................$ 55.55 21.08
Area 2......................$ 55.17 22.52
Area 3......................$ 59.92 22.62
Area 4......................$ 56.79 22.54
AREA 1: Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Sutter, Tehema, Yolo, Yuba
AREA 2: Alpine, Amador
AREA 3: Marin, Napa, Solano, Siskiyou
AREA 4: Sonoma
BRCA0003-014 08/01/2024
Rates Fringes
268

MARBLE MASON.....................$ 61.72 30.31
CARP0034-001 07/01/2021
Diver
Assistant Tender, ROV
Rates Fringes
Tender/Technician...........$ 54.10 34.69
Diver standby...............$ 60.51 34.69
Diver Tender................$ 59.51 34.69
Diver wet...................$ 103.62 34.69
Manifold Operator (mixed
gas)........................$ 64.51 34.69
Manifold Operator (Standby).$ 59.51 34.69
DEPTH PAY (Surface Diving):
050 to 100 ft $2.00 per foot
101 to 150 ft $3.00 per foot
151 to 220 ft $4.00 per foot
221 ft.-deeper $5.00 per foot
SATURATION DIVING:

The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under
pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours.

DIVING IN ENCLOSURES:

Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other enclosure less than 48"" in height, the premium will be $1.00 per foot.

WORK IN COMBINATION OF CLASSIFICATIONS:

Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift.

CARP0034-003 07/01/2021
Rates Fringes
Piledriver.......................$ 54.10 34.69
269

CARP0035-001 08/01/2020
AREA 1: MARIN, NAPA, SOLANO & SONOMA
AREA 3: SACRAMENTO, WESTERN EL DORADO (Territory west of an including highway 49 and the territory inside the city limits of Placerville), WESTERN PLACER (Territory west of and
including highway 49), & YOLO
AREA 4: ALPINE, BUTTE, COLUSA, EASTERN EL DORADO, GLENN,

LASSEN, MODOC, NEVADA, EASTERN PLACER, PLUMAS, SHASTA, SIERRA,

SISKIYOU, SUTTER, TEHAMA, TRINITY, & YUBA
Rates Fringes
Drywall Installers/Lathers:

Area 1......................$ 52.65 31.26
Area 3......................$ 47.27 31.26
Area 4......................$ 45.92 31.26
Drywall Stocker/Scrapper
Area 1......................$ 26.33 18.22
Area 3......................$ 23.64 18.22
Area 4......................$ 22.97 18.22
CARP0035-009 07/01/2020
Marin County
Rates Fringes

CARPENTER
Bridge Builder/Highway
Carpenter. .................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer. .....................$ 52.80 30.82
Journeyman Carpenter. ......$ 52.65 30.82
Millwright. ................$ 52.75 32.41
CARP0035-010 07/01/2020
AREA 1: Marin, Napa, Solano & Sonoma Counties
AREA 2: Monterey, San Benito and Santa Cruz
AREA 3: Alpine, Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, 270

Sutter, Tehama, Trinity, Yolo & Yuba counties
Rates Fringes
Modular Furniture Installer
Area 1
Installer..................$ 28.76 22.53
Lead Installer.............$ 32.21 23.03
Master Installer...........$ 36.43 23.03
Area 2
Installer. ................ $ 26.11 22.53
Lead Installer. ........... $ 29.08 23.03
Master Installer. ......... $ 32.71 23.03
Area 3
Installer. ................ $ 25.16 22.53
Lead Installer. ........... $ 27.96 23.03
Master Installer. ......... $ 31.38 23.03
CARP0046-001 07/01/2023
El Dorado (West), Placer (West), Sacramento and Yolo Counties Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter. .................$ 60.39 33.52
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer. .....................$ 54.66 33.52
Journeyman Carpenter. ......$ 54.51 33.52
Millwright. ................$ 57.01 35.11
Footnote: Placer County (West) includes territory West of and including Highway 49 and El Dorado County (West) includes territory West of and including Highway 49 and territory inside the city limits of Placerville.

CARP0046-002 07/01/2023
Alpine, Colusa, El Dorado (East), Nevada, Placer (East), Sierra, Sutter and Yuba Counties
271

Bridge Builder/Highway
Carpenter. .................$ 60.39 33.52
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer. .....................$ 53.31 33.52
Journeyman Carpenter. ......$ 53.16 33.52
Millwright. ................$ 55.66 35.11
CARP0152-003 07/01/2020
Amador County
Carpenters
Rates Fringes
Bridge Builder/Highway
Carpenter. .................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer. .....................$ 45.57 30.82
Journeyman Carpenter. ......$ 45.42 30.82
Millwright. ................$ 47.92 32.41
CARP0180-001 07/01/2021
Solano County
Carpenters
Rates Fringes
Bridge Builder/Highway
Carpenter. .................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer. .....................$ 55.00 31.49
Journeyman Carpenter. ......$ 54.85 31.49
Millwright. ................$ 54.95 33.08
CARP0751-001 07/01/2021
Napa and Sonoma Counties
272

Bridge Builder/Highway
Carpenter. .................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer. .....................$ 55.00 31.49
Journeyman Carpenter. ......$ 54.85 31.49
Millwright. ................$ 54.95 33.08
CARP1599-001 07/01/2020
Butte, Glenn, Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama and Trinity Counties
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter. .................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer. .....................$ 45.57 30.82
Journeyman Carpenter. ...... $ 45.42 30.82
Millwright. ................ $ 47.92 32.41
ELEC0180-001 06/01/2025

NAPA AND SOLANO COUNTIES
Rates Fringes
CABLE SPLICER. ..................$ 69.26 3%+29.28
ELECTRICIAN. ....................$ 61.56 3%+29.28
ELEC0180-003 12/01/2023

NAPA AND SOLANO COUNTIES
Sound & Communications
Rates Fringes
Installer...................$ 48.44 27.60
Technician..................$ 55.71 27.82
SCOPE OF WORK INCLUDESSOUND & VOICE TRANSMISSION (Music, Intercom, Nurse Call, Telephone); FIRE ALARM SYSTEMS [excluding fire alarm work 273

when installed in raceways (including wire and cable
pulling) and when performed on new or major remodel
building projects or jobs],

TELEVISION & VIDEO SYSTEMS, SECURITY SYSTEMS, COMMUNICATIONS SYSTEMS that transmit or receive information and/or control systems that are intrinsic to the above.

EXCLUDESExcludes all other data systems or multiple systems which include control function or power supply; excludes
installation of raceway systems, line voltage work,
industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excludes energy management
systems.

ELEC0340-002 03/01/2025

ALPINE, AMADOR, BUTTE, COLUSA, EL DORADO, GLENN, LASSEN,

NEVADA, PLACER, PLUMAS, SACRAMENTO, TRINITY, YOLO, YUBA COUNTIES Rates Fringes
Communications System
Sound & Communications
Installer...................$ 40.00 25.50
Sound & Communications
Technician..................$ 46.00 25.68

SCOPE OF WORK
Includes the installation testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for the following TV monitoring and surveillance,
background-foreground music, intercom and telephone
interconnect, inventory control systems, microwave
transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, and low voltage master clock systems.

A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS
Background foreground music Intercom and telephone
interconnect systems, Telephone systems, Nurse call
systems, Radio page systems, School intercom and sound
systems, Burglar alarm systems, Low voltage master clock systems, Multi-media/multiplex systems, Sound and musical entertainment systems, RF systems, Antennas and Wave Guide. 274

B. FIRE ALARM SYSTEMS
Installation, wire pulling and testing
C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance systems, Video security systems, Video
entertainment systems, Video educational systems, Microwave transmission systems, CATV and CCTV
D. SECURITY SYSTEMS Perimeter security systems
Vibration sensor systems Card access systems Access
control systems Sonar/infrared monitoring equipment
E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE

INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and Data Acquisition) PCM (Pulse Code Modulation)
Inventory Control Systems Digital Data Systems
Broadband and Baseband and Carriers Point of Sale
Systems VSAT Data Systems Data Communication
Systems RF and Remote Control Systems Fiber Optic
Data Systems WORK EXCLUDED Raceway systems are not covered (excluding Ladder-Rack for the purpose of the above listed systems). Chases and/or nipples (not to exceed 10 feet) may be installed on open wiring systems. Energy management systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above listed systems (in the
scope). Fire alarm systems when installed in raceways
(including wire and cable pulling) shall be performed at the electrician wage rate, when either of the following two (2) conditions apply:

1. The project involves new or major remodel building trades construction.

2. The conductors for the fire alarm system are installed in conduit.

ELEC0340-003 02/01/2025
ALPINE (West of Sierra Mt. Watershed), AMADOR, BUTTE, COLUSA, EL DORADO (West of Sierra Mt. Watershed), GLENN, LASSEN, NEVADA (West of Sierra Mt. Watershed), PLACER, PLUMAS, SACRAMENTO, SHASTA, SIERRA (West of Sierra Mt. Watershed), SUTTER, TEHAMA,

TRINITY, YOLO & YUBA COUNTIES
Rates Fringes

ELECTRICIAN
Remaining area..............$ 49.20 38.58
Sierra Army Depot, Herlong..$ 48.83 18.54
275

Tunnel work.................$ 41.01 18.54
CABLE SPLICER: Receives 110% of the Electrician basic hourly rate.

ELEC0401-005 01/01/2025
ALPINE (east of the main watershed divide), EL DORADO (east of the main watershed divide), NEVADA (east of the main
watershed), PLACER (east of the main watershed divide) and SIERRA (east of the main watershed divide) COUNTIES:

Rates Fringes
ELECTRICIAN......................$ 48.50 23.04
ZONE RATE:
70-90 miles - $10.00 per hour
91+ miles - $15.00 per hour
ELEC0551-004 06/01/2024

MARIN AND SONOMA COUNTIES
Rates Fringes
ELECTRICIAN......................$ 59.17 32.04
ELEC0551-005 12/01/2024

MARIN & SONOMA COUNTIES
Rates Fringes
Sound & Communications
Installer...................$ 51.59 28.20
Technician..................$ 59.33 28.43
SCOPE OF WORK INCLUDESSOUND & VOICE TRANSMISSION (Music, Intercom, Nurse Call, Telephone); FIRE ALARM SYSTEMS [excluding fire alarm work when installed in raceways (including wire and cable
pulling) and when performed on new or major remodel
building projects or jobs],

TELEVISION & VIDEO SYSTEMS, SECURITY SYSTEMS, COMMUNICATIONS SYSTEMS that transmit or receive information and/or control systems that are intrinsic to the above.
276