Agenda packet — Vallejo City Council, December 17, 2024 (part 2 of 7)

The lowest apparent responsive and responsible bidder is Pavement Coating Co., of Sacramento, California, with a total bid price of $149,584. All submitted bid documents appear to be complete, in order, and meet all bid requirements. After staff and the Vendor discussed the project, the Vendor made some reductions in the bid price, bringing the revised total to $140,584.

Staff recommends awarding a construction contract to Pavement Coatings Co. in the amount of $140,584 and authorizing the City Manager or designee to execute any necessary change orders not exceeding a fifteen percent (15%) contingency.

FISCAL IMPACT
There is no fiscal impact on the General Fund associated with the approval of this item. There are sufficient funds to pay for this project in the Capital Improvement Project PWC109: Street Overlay/Preservation.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301(c) because it consists of the repair and maintenance of existing streets and does not result in additional automobile lanes.

ATTACHMENTS

1. Reso - Pavement Coating Co -TRMSS project_CAO Stamp

2. Pavement Coatings Co - Tuolumne, Georgia & Catalina TRMSS project - Const. Contract_CAO Stamp

3. Maps-Tuolumne, Georgia, Catalina_TRMSS

CONTACT
Melissa Tigbao, P.E., Public Works Director (707) 648-4433 [email protected]

RESOLUTION NO. 24-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE PLANS

AND SPECIFICATIONS FOR THE TUOLUMNE, GEORGIA, & CATALINA TIRE RUBBER

MODIFIED SURFACE SEALER PROJECT AND AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $140,584.00 PLUS CONTINGENCY, TO PAVEMENT COATINGS CO., AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, those certain plans and specifications for the Tuolumne, Georgia & Catalina Tire Rubber Modified Surface Sealer Project were prepared under the direction of the City Engineer (“Plans and Specification’”) and have been presented to the City Council; and WHEREAS, the City advertised the Project on October 26, 2024, and on October 22, 2024, publicly opened the one bid that was received; and
WHEREAS, Pavement Coatings Co., a California corporation, submitted the lowest responsive and responsible bid of $149,584; and
WHEREAS, after negotiations with staff, Pavement Coatings Co. reduced its bid to $140,584; and WHEREAS, there is adequate funding to award the Construction Contract and reserve fifteen percent (15%) of the contract amount as contingency.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo hereby approves the plans and specifications for the Tuolumne, Georgia, & Catalina Tire Rubber Modified Surface Sealer Project; and
BE IT FURTHER RESOLVED that an invitation for bids was duly advertised; and BE IT FURTHER RESOLVED that Pavement Coatings Co., of Sacramento, is determined to be the lowest responsive and responsible bidder based on its bid in the amount of $ 140,584; and BE IT FURTHER RESOLVED that a construction contract in the amount of $140,584 is hereby awarded to said bidder; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute an Agreement between the City of Vallejo and Pavement Coatings Co. in the amount of $140,584, with any modifications recommended by the City Attorney and the City Clerk to attest the signing of that Agreement; and
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute future Contract Change Orders not to exceed the 15% contingency.

Adopted by the City Council of the City of Vallejo at a regular meeting held on December 17, 2024, with the following vote:

AYES:

NOES:

ABSENT:
____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

MAINTENANCE DIVISION

CONSTRUCTION CONTRACT
FOR

TUOLUMNE, GEORGIA AND CATALINA TRMSS PROJECT
THIS CONSTRUCTION CONTRACT (“Contract”) made and entered into this 18 th day of D e c e m b e r 2024, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, hereinafter called City, and Pavement Coatings Co., a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the City Council of said City heretofore caused Plans and Specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said Plans and Specifications; and
WHEREAS, the City Council of said City did cause to be noticed for the time and in the manner required by law a notice inviting sealed bids for the performance of said work; and WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said Plans and Specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and
WHEREAS, Contractor was the lowest responsive and responsible bidder for the performance of said work, and said City Council of City, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsive and responsible bidder for the work and award a contract, therefore.

NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:

1. SCOPE OF WORK
The work to be done, in general terms, consists of:

Furnishing all labor, materials, equipment, incidentals and services for the construction and completion of the TUOLUMNE, GEORGIA, and CATALINA TRMSS PROJECT. The work includes but is not limited to:

•Application of Tire Rubber Modified Sealer (TRMSS) in the following locations:

Tuolumne Street- From Tennessee Street to Florida Street Georgia Street- From Rollingwood Drive to Columbus Parkway Catalina Circle- From Avalon Circle and Avalon Way
•Traffic/Pedestrian control for street closures and detours. •Clearing, Grubbing and Removal
•Crack sealing
The Contractor shall provide all labor, tools, and materials for a complete and working project in conformance with the intent shown on the Plans and as provided for and set forth in said Plans, Specifications, and any addenda that were issued prior to the date of bid, which said Plans and Specifications are hereby referred to by such reference, incorporated herein, and made a part of this Contract.

The following documents shall constitute the Contract Documents:
(a) This Contract:
(b)Exhibit A – Compensation/ Price Sheet
(c)Exhibit B – Faithful Performance Bond;
(d)Exhibit C – Payment (Labor and Materials) Bond;
(e)Exhibit D - Change Orders, if approved;
(f) Specifications signed and stamped by the City Engineer on October 3, 2024; (g) Standard Specifications of the State of California, Department of Transportation dated 2023; (h) City of Vallejo Standard Specifications and Standard Drawings dated December 20, 2011; (i) Vallejo Flood & Wastewater District Engineering Design Standards dated July 2020, and Engineering Standard Details, dated July 2020; and
(j) Any other documents identified as such in the Contract Documents.

2. TERMS AND CONDITIONS
This Contract consists of the Contract Documents identified in subsections (a) through (j) of Section 1 above, all of which are incorporated herein by reference as though set forth in full, and all of which are part of this Contract, and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with said plans and specifications, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with said plans and specifications.

3. Contractor agrees to receive and accept the prices set forth in its proposal in an amount not to exceed of One Hundred Forty Thousand Five Hundred Eighty-Four Dollars and Zero Cents ($140,584.00) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and the requirements of the Engineer under them.

By my signature as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

Pursuant to Section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. The Contractor shall forfeit, as penalty to the City, the sum of one hundred Dollars ($100.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.

City shall pay Contractor the sums set forth in its Proposal in accordance with all of the terms and conditions of the Contract Documents.

The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full and shall govern the substitution of securities and/or escrow account.

The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor. [SIGNATURES ARE ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written.

Pavement Coatings Co.,
a California corporation

CITY OF VALLEJO,
a municipal corporation
By: By:

Tim Schmid
Vice President
Andrew Murray
City Manager
Attest:

By:

Dawn G. Abrahamson
City Clerk
Approved as to Content:
(City Seal) By:

Melissa Tigbao, PE
Public Works Director
Approved as to Form:

By:

Veronica A.F. Nebb
City Attorney
Approved as to Insurance:

By:

Armond Sarkis
Risk Manager

Exhibit A

COMPENSATION/PRICE SHEET

Exhibit B

FAITHFUL PERFORMANCE BOND

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

MAINTENANCE DIVISION
KNOW ALL MEN/WOMEN BY THESE PRESENTS, THAT WE, ________________________, as Principal, and ____________________________, as Surety, are held and firmly bound unto the City of Vallejo, a municipal corporation of the State of California, hereinafter called the City, in the penal sum of One Hundred Forty Thousand Five Hundred Eighty-Four Dollars ($140,584.00), and no more, for the work described below, for the payments of which sum in lawful money of the United States of America well and truly to be made to the City of Vallejo, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents as herein above provided.

WHEREAS, that the Principal has entered into a contract with said City for the construction of:

Tuolumne, Georgia and Catalina TRMSS Project
NOW, THEREFORE, the condition of this obligation is such that if the above bounded Principal shall in all things stand to abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract agreed on his/her or their part to be kept and performed at the time and in the manner herein specified, and shall indemnify and save harmless the City of Vallejo, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue to guarantee Contractor’s faithful performance of its obligations in the Contract Documents, and Principal and Surety, in the event suit is brought on this bond, will pay to the Obligee such reasonable attorneys' fees as may be fixed by the Court.

The Surety herein, for value received, hereby stipulates, and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same shall in any manner affect its obligations on this bond and said Surety does hereby waive notice of any such change, extension, alteration or addition. Said Surety hereby waives the provisions of Section 2819 and 2845 of the Civil Code of the State of California.

IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this ___________ day of __________________, 20_______. The name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

PRINCIPAL SURETY
SURETY INFORMATION:

Contact Person:

Name of Company:

Address:

Telephone No.: Fax No.:

NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged. (2) This Bond must be in an amount equal to 100% of the amount bid.

APPROVED AS TO FORM:

Veronica Nebb
City Attorney
Exhibit C

PAYMENT (LABOR AND MATERIALS) BOND

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

MAINTENANCE DIVISION
KNOW ALL MEN/WOMEN BY THESE PRESENTS, WHEREAS, that the City of Vallejo, a municipal corporation of the State of California, acting through its City Council, has awarded: hereinafter designated as the Principal, a contract for:

Tuolumne, Georgia and Catalina TRMSS Project
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, provided that if said Contractor, or any of his/her or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such labor, the Surety of this bond will pay the same.

NOW, THEREFORE, We, the Principal, and _____________________, as Surety, are held and firmly bound unto the City of Vallejo, a municipal corporation, hereinafter called City, in the penal sum of One Hundred Forty Thousand Five Hundred Eighty-Four Dollars ($ 140,584.00), and no more, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, as herein provided.

The condition of this obligation is such that, if said Principal, or his/her or its Subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of California Civil Code, commencing with Section 9550, and providing that the persons, companies or corporations so furnishing said materials, provisions, or other supplies, appliances or power used in, for or about the performance of the work contracted to be executed or performed, or any person, company, or corporation, renting, or hiring implements, or machinery, or power, for, or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said Title 15, the Surety, or Sureties, hereon will pay the same in an amount not exceeding the sum specified in his/her or its bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

The Surety herein, for value received, hereby stipulates, and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same, shall in any manner affect its obligation on this bond, and said Surety does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this ________ day of _______________________, 20_______. The name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

PRINCIPAL SURETY
SURETY INFORMATION:

Contact Person:

Name of Company:

Address:

Telephone No.: Fax No.:

NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged. (2) This Bond must be in an amount equal to 100% of the amount bid.

APPROVED AS TO FORM:

Veronica Nebb
City Attorney
Exhibit D

CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

MAITNENACE DIVISION
CONTRACT CHANGE ORDER NO.: DATE:

TO:

PROJECT: TUOLUMNE, GEORGIA, AND CATALINA TRMSS
FROM: CITY OF VALLEJO
This change order modifies and amends the provisions of that certain Contract dated ___________________ by and between the City and _________________________ (“Contractor”).

REFERENCE: Contract drawings, Sheet No.
or other drawings attached
Contractor is hereby directed to make the following changes to the Work:

By signing this Change Order, Contractor understands and agrees that it is accepting the specified sums and adjustment of contract time of completion (if any) set forth herein as full, final and complete satisfaction of any and all claims by Contractor for all costs and expenses of Contractor and anyone for whom Contractor may be responsible for the work referred to herein, including but not limited to costs or expenses of the Contractor or any of its subcontractors, materials suppliers, vendors or anyone else for whom Contractor is responsible, for labor, materials, services or equipment, no matter how characterized, whether known or unknown to Contractor, including but not limited to, all field and home office overhead, delay costs/claims, acceleration costs/claims, unabsorbed or under-absorbed home office overhead, extended field costs, general conditions, claim preparation costs, inefficiencies, or the like, no matter how characterized. Contractor further understands and agrees by signing this Change Order that any attempt by Contractor to purportedly reserve rights to claim additional time or compensation for the work referred to herein, is void.

ADJUSTMENT OF CONTRACT TIME OF
COMPLETION:

AGREED PRICE:

FORCE ACCOUNT:

BASE CONTRACT PRICE:

PREVIOUS CONTRACT CHANGE ORDER:

NEW ADJUSTED CONTRACT PRICE:

EXCEPT AS SET FORTH ABOVE, ALL TERMS AND PROVISIONS OF THE CONTRACT AND ALL PRIOR CHANGE ORDERS REMAIN IN FULL FORCE AND EFFECT.

RECOMMENDED:

NAME TITLE
Execution of this Change Order by both parties constitutes a binding agreement. This document constitutes the entire agreement between the parties. The person signing this Change Order for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.

ACCEPTED AND AGREED:

Contractor: Date:
(Name and Title)
City: Date:
(Public Works Director)
CITY OF VALLEJO 12 Tuolumne, Georgia & Catalina TRMSS

SECTION A - SPECIAL PROVISIONS

1. LOCATION OF WORK
Tuolumne Street- From Tennessee Street to Florida Street Georgia Street- From Rollingwood Drive to Columbus Parkway Catalina Circle- From Avalon Circle and Avalon Way
See Plans for more detailed project locations.

2. SCOPE OF WORK
The work embraced herein will be done in accordance with the Contract Drawings and Specifications, the 2023 Standard Plans and Specifications of the California Department of Transportation, and the City of Vallejo Standard Specifications and Standard Plans dated December 2011.

The work to be done includes furnishing all labor, materials, tax, equipment, incidentals and services for the construction and completion of the TUOLUMNE, GEORGIA AND CATALINA TRMSS PROJECT in accordance with the Contract Documents.

For all work on this project the Contractor shall furnish all labor, materials, tools, equipment, transportation, appliances, and services required to completely execute the work as set forth in the Contract Documents

3. PRE-CONSTRUCTION CONFERENCE
The Contractor, Architect, City representatives and other interested parties shall meet at a pre-construction conference to be scheduled after execution of the construction Contract and prior to the start of construction. The purpose of this conference is to review including but not limited to job schedules, traffic control, City policies, and to discuss various other aspects of the work and to clarify procedures.

The Contractor shall submit the following to the City Engineer by the date of the pre-construction conference:

A. Detailed CPM Construction Schedule (MS Project or Primavera P6) for review.

B. Traffic Control Plan.

C. All other material or required submittals for review. All submittals shall be in writing.

D. "Notice" to homeowners, residents, commuters and/or affected parties, per section 12-

4.01A of the Technical Specifications, for review.

4. UNDERGROUND UTILITIES
The Contractor shall locate all underground obstructions and utilities - gas, electric, water lines, etc. Repair of damage to any utility lines shall be made at the Contractor's expense.

5. MATERIALS AND TESTS
The Contractor shall furnish written laboratory reports from a reputable testing or inspection agency acceptable to City of Vallejo, or written certification from the manufacturer as to compliance with the Specifications as to the composition, durability and performance of all materials used in the project. Certain specification sections may require special items or materials to be included in the submittal.

CITY OF VALLEJO 13 Tuolumne, Georgia & Catalina TRMSS

6. CITY FURNISHED MATERIALS
The City will furnish to the Contractor free of charge for use under these Specifications the following materials: (See Technical Specifications).

7. WATER
The Contractor can purchase water for use on the project from the City of Vallejo at a cost of $2.15 per unit (100 cu. Ft.) or the most current rate of water used. Water is to be drawn from a Water Division designated fire hydrant after the Contractor has applied to the Water Division for a temporary water meter. A refundable $3,500.00 deposit is required for each temporary water meter at the time of application. There is a non-refundable service charge of $105.00 a month.

The Water Division reserves the right to increase the deposit or service charge at any time without notice.

8. SEQUENCE OF CONSTRUCTION TO MAINTAIN AND CONTROL TRAFFIC The Contractor must submit a detailed schedule of operations and a traffic management plan to the Engineer for review and acceptance prior to starting work on the project.

See “Traffic Control” of these Specifications and the project Technical Specifications for compensation.

9. CONSTRUCTION UPON PRIVATE PROPERTY
The Contractor shall note that the work may be performed on or in the vicinity of private property.

The Contractor shall, at all times, remove all litter, debris, and construction waste, minimize noise, dust, standing water, vibrations, hazardous conditions and provide safe access to these properties. The Contractor is prohibited from using any privately owned utilities. The Contractor's materials and equipment shall not be stored upon private property without written approval from the resident and/or owner.

Construction on private property during overtime, weekend, holiday, or any other irregular period shall be performed only when the Contractor has requested and received written approval from the adjacent residents and the City Engineer.

10. WATERMAIN TIE-INS
If a watermain tie-in is required, work shall conform to City Standard Specification Section 4.3.9, "Connecting to Existing main" including, but not limited to the following or as directed by the Engineer:

A. The Contractor is responsible for calling the City Maintenance Division at (707) 648-4529 when they are ready to perform the tie-in, (Maintenance requires 48 hours’ notice). The Maintenance Inspector shall be present before, during, and after the tie-in is completed, to ensure that the trench is completely back filled before the water is turned on. If the Contractor fails to coordinate the tie-in with the Maintenance Inspector, the said tie-in will not be accepted.

B. If the Contractor schedules a tie-in with the Maintenance Inspector and is not ready for the tie-in on the scheduled date, the contractor will be charged for the Maintenance Inspector's time, unless the Contractor cancels the inspection 24 hours in advance.

CITY OF VALLEJO 14 Tuolumne, Georgia & Catalina TRMSS

11. AS-BUILT DRAWINGS
The Contractor shall always keep an up to date complete and accurate set of record prints, which shall be corrected regularly, showing every change from the Contract Documents, including all addendums, Change Orders, RFIs, etc. Upon completion of the work, a set of as-built prints shall be made by the Contractor after consultation with the Engineer and all changes noted. All changes shall be neatly and legibly drawn to scale on the set of prints using standard architectural or engineering drafting practices.

12. HAZARDOUS WASTE IN EXCAVATION
If the Contractor encounters material which the contractor has reason to believe may be hazardous waste as defined by Section 25117 of the Health and Safety Code, the contractor shall immediately so notify the Engineer in writing. All work in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling work by more than one (1) working day, the Contractor shall be granted an extension of time as provided in Section 8-1.07, “Liquidated Damages,” of the General Provisions.

The City reserves the right to use other forces for exploratory work to identify and determine the extent of hazardous material and for removing such material.

13. CHANGED CONDITIONS
A. Differing Site Conditions
The requirements specified in Section 4-1.06 of the State Standard Specifications for differing site conditions apply to this project.

B. Suspensions of Work Ordered by the Engineer
If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether an adjustment of the contract is warranted.

No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

C. Significant Changes in the Character of Work
The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily CITY OF VALLEJO 15 Tuolumne, Georgia & Catalina TRMSS
complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

END OF SECTION
CITY OF VALLEJO 16 Tuolumne, Georgia & Catalina TRMSS

SECTION B - GENERAL PROVISIONS

SECTION 1: DEFINITIONS AND TERMS
1-1.01 GENERAL
Unless the context otherwise requires, wherever in the Specifications and other Contract Documents the following abbreviations and terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as provided in this Section 1. Working titles having a masculine gender, such as "workman" and "journeyman" and the pronoun "he,” are utilized in the Specifications for the sake of brevity and are intended to refer to persons of either gender.
1-1.02 ABBREVIATIONS
AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction
ANSI American National Standards Institute
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWS American Welding Society
AWWA American Water Works Association
IEEE Institute of Electrical and Electronics Engineers
NEMA National Electrical Manufacturers Association
UL Underwriters' Laboratories Inc.
1-1.03 ACCEPTANCE
The formal written acceptance by the Vallejo City Council of an entire work of improvement that has been completed in all respects in accordance with the Contract Documents and any modifications thereto previously authorized in writing.
1-1.04 GLOSSARY
Unless noted otherwise, the following terms have the following meanings:

Addenda: Written or graphic instruments issued before the opening bids, which modify or interpret the Notice to Bidders, Instructions to Bidders, Bid Proposal Form, Addenda (if any), Special Provisions, Technical Specifications, and/or Plans by additions, deletions, clarifications, or corrections.

Agreement or Contract: The signed agreement between the City and Contractor.

Architect: The private engineering firm employed to prepare the plans, specifications, and estimate and perform design services during construction of this project.

Bid Bond: The cash, cashier’s check, certified check, or bidder’s bond companying the proposal submitted by the bidder, as a guaranty that the bidder will enter a contract with the Public Works Department of the City of Vallejo for the performance of the work if the contract is awarded to the bidder.

Bidding Documents: The Notice to Bidders, Instruction to Bidders, Bid Proposal Form, and Addenda (if any); the Special Provisions, Technical Specifications, Standard Specifications, the Exhibits (including bonds), and the CITY OF VALLEJO 17 Tuolumne, Georgia & Catalina TRMSS
Drawings (also defined as “Plans”).

Business Day: All days except Saturdays, Sundays, and any holiday set forth in California Government Code section 6700.

Calendar Day: Any day of the week including a Business Day.

Change Order: A written document duly approved and executed by the City, which changes the scope of the Work, the Contract Price, or the Contract Time.

City: The City of Vallejo, California.

City Council: The City Council of the City of Vallejo, California, or its authorized agent.

City Engineer: The City Engineer of the City of Vallejo or their authorized agent(s) acting within the scope of the duties delegated to them.

Claim: A request by the Contractor for 1) the payment of additional compensation for any issues. 2) an extension of time for the performance of the Work or 3) any other relief with reference to the terms of the Contract, including any disputes or question related to the Contract Documents.

Construction Contract or Agreement: The signed agreement between the City and Contractor.

Contract Amount or Contract Sum: The amount listed on the Construction Agreement as the contractor’s total compensation.

Contract Documents: All of the documents collectively listed as such in the Contract, including the Notice to Bidders; the Instructions for Bidders; Addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Award and Notice to Procced; Certificates of Insurance and Endorsements; the Faithful Performance, Labor and Materials, and Warranty Bonds; the Special Provisions; the Technical Specifications; the Project Drawings and Specifications; Change Orders, if any; and any other documents expressly made part of the Contract Documents.

Contract Price: The total compensation to be paid to the Contractor for performance of the Work, as set forth in the Contract and as amended by a Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustments due to inflation or due to the increased cost of labor, material, or equipment following submission of the Bid Proposal.

Contract Time: The number of Working Days for performance of the Work, as set forth in the Contract and as amended by a Change Order.

Contractor: The person or persons, firm partnership, corporation, or combination thereof, private of municipal, who have entered into a contract with the City of Vallejo, as party or parties of the second part of their legal representatives.

Day: A calendar day unless stated otherwise.

Department: The Public Works Department of the City of Vallejo.

Director: The Director of the Public Works of the City of Vallejo.

Drawing: The City-approved plans and graphical depictions of the Project requirements and does not include Shop Drawings.

Final Compensation: Payment to the Contractor of the unpaid Contract Price, including release of the undisputed retention, less amounts withheld pursuant to the Contract Documents, including liquidated damages, up to 125% of the amount of any unreleased stop notice, amounts subject to setoff, up to 150% of any unresolved third-party claim for which Contractor is required to indemnify City, and up to 150% of any amount in dispute as authorized by Public CITY OF VALLEJO 18 Tuolumne, Georgia & Catalina TRMSS
Contract Code Section 71017.

Engineer: The City Engineer of the City of Vallejo or other authorized designee such as the City Inspector.

Laboratory: The laboratory designated by the City of Vallejo.

Legal Holidays: Those Days designated as City holidays and those days designated in the Government Code or as stated in the Standard Specifications.

Liquidated Damages: The amount prescribed in the specifications or contract, to be paid to the City of Vallejo or to be deducted from any payments due or to become due the Contractor for each day’s delay in completing the whole or any specified portion of the work beyond the time allowed in the specifications. The Liquidated Damages amount is set at $1,500.00 per Calendar Day for this contract.

Mobilization: Preparatory work that must be performed or costs incurred before starting work on the various items on the job site (Public Contract Code § 10104).

Plans: The official project plans, typical cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show location, character, dimensions, and details of the work to be performed. These documents are to be considered as a part of the plans.

Project Plans: The Project Plans are specific details and dimensions peculiar to the work and are supplemented by the Standard Plans insofar as the same may apply.

Project or Work: See Work.

Project Site: Location of the Work.

Project Manager: The person designated by the City of Vallejo to manage all aspects of the project, if so, designated by the Special Provisions.

Proposal Form: The approved form upon which the Public Works of the City of Vallejo requires formal bids be prepared and submitted for the work.

Public Contract Code: California Public Contract Code.

Qualified Contractor or Subcontractor: A contractor or subcontractor currently registered with the California Department of Industrial Relations and qualified to perform public work pursuant to Labor Code section 1725.

Requests for Information: A request from the Contractor, or one of its subcontractors, to the City, seeking an interpretation or clarification of some requirement of the contract documents submitted to the City in the form required by the contract. The contractor shall clearly and concisely set forth the issue for which it seeks clarification of interpretations and why a response is needed from the City. The contractor shall, in the written request, set forth interpretation or understanding of the contract’s requirements along with the reasons why it has reached such an understanding. Responses from the City shall not change any requirements of the contract documents unless noted in the Request for Information Response issued by the City.

Special Provisions: The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to the Standard Specifications.

Specifications: The directions, provisions and requirements contained in the Standard Specifications as supplemented by these Special Provisions. Whenever the term “the specifications” or “the Standard Specifications” is used in this document, it means the provisions set for in the 2023 Edition of the Caltrans Standard Specifications.

Standard Plans: The Standard Specifications and Standard Drawings issued by the Public Works Department of the City of Vallejo.

State: The State of California or the City of Vallejo as the context requires.

CITY OF VALLEJO 19 Tuolumne, Georgia & Catalina TRMSS
Submittal/Shop Drawings: Any technical submittals, shop drawings, or samples, including supporting catalog cuts, manufacturer’s literature sketches or drawings, calculations, and other pertinent data, required by any technical specification in these contract documents. The contractor shall transmit to the City submittal/shop drawings shall be in sufficient detail to enable the City to review the information and determine that the contractor clearly understands the requirements of the contract documents.

Substitution/Or Equal Submittals: A request from the contractor to substitute a material, device, product, fixture, form, type of construction or process called for in the contract documents with another item that shall be substantially equal in all respects to that indicated or supplied.

Work or Project: The entire Project which is the subject of the Contract. The term “Work” as applied to the Contractor includes any labor, materials and necessary tools and equipment.

Working Days: Working days are Monday through Friday except for Legal Holidays. 1-1.05INTENTIONALLY OMITTED.
1-1.06INTENTIONALLY OMITTED.
1-1.07 BIDDER
Any individual, firm, partnership, limited liability company, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. 1-1.08INTENTIONALLY OMITTED.
1-1.09 CONTRACT
The written agreement covering the performance of the work and the furnishing of labor, materials, tools, and equipment in the construction of the work. All documents comprising the Contract may also be referred to as the “Contract Documents.”
1-1.10 CONTRACT DOCUMENTS
All of the documents collectively listed as such in the Contract, including the Notice to Bidders; the Instructions for Bidders; Addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Award and Notice to Procced; Certificates of Insurance and Endorsements; the Faithful Performance, Labor and Materials, and Warranty Bonds; the Special Provisions; the Technical Specifications; the Project Drawings and Specifications; Change Orders, if any; and any other documents expressly made part of the Contract Documents. 1-1.11 INTENTIONALLY OMITTED.
1-1.12 DAYS
Unless otherwise designated, days as used in the Specifications will be understood to mean calendar days. 1-1.13 – 1.1.18 INTENTIONALLY OMITTED.

CITY OF VALLEJO 20 Tuolumne, Georgia & Catalina TRMSS
1-1.19 ENGINEER’S ESTIMATE
The list of estimated quantities of work to be performed as contained in the "Proposal Form." 1-1.20 FEDERAL AGENCIES
Whenever, in the Specifications, reference is made to any Federal agency or officer, the reference shall be deemed made to any agency or officer succeeding in accordance with law to the powers, duties, jurisdiction and authority of the agency or officer mentioned.
1-1.21 FIXED COSTS
Any necessary labor, material and equipment costs directly expended on the item or items under consideration which remain constant regardless of the quantity of the work done. 1-1.25-1 LEGAL HOLIDAYS
Those days designated as City observed holidays specifically:
(a) New Year's Day,
(b) Martin Luther King, Jr. Day,
(c) President’s Day,
(d) Memorial Day,
(e) Juneteenth Day,
(f) Independence Day,
(g) Labor Day,
(h) Indigenous Peoples’ Day,
(i) Veterans' Day,
(j) Thanksgiving Day,
(k) Day after Thanksgiving,
(l) Christmas Day
1-1.26 LIQUIDATED DAMAGES
The amount prescribed in the Contract Documents, to be paid to the City of Vallejo or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the work beyond the time allowed in the Contract Documents. 1-1.26-1 MUTCD OR CA MUTCD
The State of California, Department of Transportation publication entitled “California Manual on Uniform Traffic Control Devices.”
1-1.27 – 1-1.28 INTENTIONALLY OMITTED.
1-1.29 DRAWINGS
CITY OF VALLEJO 21 Tuolumne, Georgia & Catalina TRMSS
The official project drawings (City-approved Plans) and Standard Plans, profiles, typical cross sections, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of the work to be performed. These documents are to be considered as a part of the drawings. In the above definition, the following terms are defined as follows:
1-1.30 PROJECT DRAWINGS
The project drawings (City-approved Plans) are specific details and dimensions peculiar to the work and are supplemented by the Standard Plans insofar as the same may apply. 1-1.31 PROPOSAL
The offer of the Bidder for the work when made out and submitted on the prescribed Proposal Form, properly signed and guaranteed.
1-1.32 PROPOSAL FORM
The approved form (Bid Proposal) upon which the City of Vallejo requires formal bids be prepared and submitted for the work.
1-1.33 PROPOSAL GUARANTY
The cash, cashier's check, certified check or Bidder's bond accompanying the proposal submitted by the Bidder, as a guaranty that the Bidder will enter into a contract with the City of Vallejo for the performance of the work if the Contract is awarded to the Bidder.
1-1.37 SPECIAL PROVISIONS
The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these Specifications.
1-1.38 SPECIFICATIONS
The directions, provisions and requirements contained in the Special Provisions, General Provisions, Wage and Equipment Rate and Technical Specifications section as supplemented by the Standard Specifications, City of Vallejo Standard Specifications and Standard Drawings. Whenever the term "these Specifications" or "these Standard Specifications" is used in this Contract, it means the provisions set forth in this Contract. “Specifications” or “Standard Specifications” also means the State of California, Department of Transportation, Standard Specifications, 2023 edition, Sections 10 through 95 only. 1-1.48 WORK
All the work specified, indicated, shown, contemplated or inferable from the Contract Documents to construct the improvement, including all alterations, amendments or extensions thereto made by Contract Change Order.

CITY OF VALLEJO 22 Tuolumne, Georgia & Catalina TRMSS

END OF SECTION
CITY OF VALLEJO 23 Tuolumne, Georgia & Catalina TRMSS
SECTION 2: PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 CONTENTS OF PROPOSAL FORMS
Prospective bidders must use City of Vallejo proposal forms which will refer to the special provisions and project drawings for the work to be done and will include a schedule of items for which bid prices are asked, showing the approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished. 2-1.02 APPROXIMATE ESTIMATE
The quantities given in the proposal form and Contract are approximate only, being given as a basis for the comparison of bids. The City of Vallejo does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK All bidders shall carefully and completely examine the site of the work contemplated and the Contract Documents and perform all tests and inspections necessary to inform Bidder of all conditions that may be encountered, the character, quality and scope of work to be performed, and the quantities of materials to be furnished. The submission of a Proposal Form shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished and as to the requirements of the Contract Documents.

Where the City of Vallejo has made investigations of site conditions, including subsurface conditions in areas where work is to be performed under the Contract, or in other areas, some of which may constitute possible local material sources, bidders and Contractor may, upon written request, inspect the records of the City of Vallejo as to those investigations subject to and upon the conditions hereinafter set forth. The investigations are made only for the purpose of study and design.

The records of investigations, project records, log of test borings, record of geotechnical data, investigation of subsurface conditions, “Materials Information,” cross-sections, contour maps, and any other investigations provided by City of Vallejo, are not a part of the Contract Documents.

The availability or use of information described in this section is not to be construed in any way as a waiver of the provisions of the first paragraph in this section and a Bidder or Contractor shall make their own investigation and examination to be satisfied as to conditions to be encountered in the performance of the work.

No information derived from the inspection of investigations or compilation thereof made by the City of Vallejo or from the Engineer, or their consultants, will in any way relieve the Bidder or Contractor from any risk or from properly fulfilling the terms of the Contract.
2-1.04 ADDENDUM
If discrepancies or apparent errors are found in the Contract Documents prior to the date of bid opening, bidders shall submit a written request for clarification to City Engineer, which response to said request will be given in the form of addenda to all bidders, if time permits.

The correction of any discrepancies in, or omissions from the drawings, Specifications, or other Contract Documents, or any interpretation thereof, during the bidding period will be made only by an addendum issued in writing by the City of Vallejo. A copy of each such addendum issued by the City of Vallejo will be electronically mailed, or delivered CITY OF VALLEJO 24 Tuolumne, Georgia & Catalina TRMSS
to each person receiving a set of the Contract Documents and shall be made a part of the Contract. Any other interpretation or explanation of such documents will not be considered binding. 2-1.05 PROPOSAL FORMS
The City of Vallejo will furnish to each Bidder a standard Proposal Form, which, when filled out and executed may be submitted as that Bidder's bid. Bids not presented on forms so furnished, and copies or facsimiles of the Bidder's completed and executed Proposal Forms submitted as a bid may be rejected. 2-1.06 (BLANK)
2-1.07 PROPOSAL GUARANTY
The proposal must be accompanied by cash, a Bidder's bond, certified check, or cashier's check in an amount not less than ten percent (10%) of the amount bid. The Bidder's bond must be signed in favor of the City of Vallejo, and the certified check or cashier's check must be made payable to the City of Vallejo. 2-1.08 WITHDRAWAL OF PROPOSALS
Any bid may be withdrawn at any time prior to the date and time fixed for the opening of bids only by written request for the withdrawal of the bid filed at the location at which the bid was received by the City of Vallejo. The request shall be executed by the Bidder or the Bidder's duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid. Whether or not bids are opened exactly at the time fixed for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed for the opening of bids.
2-1.09 PUBLIC OPENING OF PROPOSALS
Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2-1.095 RELIEF OF BIDDERS
Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the Bidder claims a mistake was made in the bid presented, the Bidder shall give the City of Vallejo written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. 2-1.10 DISQUALIFICATION OF BIDDERS
More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, limited liability company, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which that individual, firm, partnership, corporation, or combination thereof is interested. If there is reason for believing that collusion exists among the Bidders any or all CITY OF VALLEJO 25 Tuolumne, Georgia & Catalina TRMSS
proposals may be rejected. Proposals in which the prices appear unbalanced may be rejected.

END OF SECTION
CITY OF VALLEJO 26 Tuolumne, Georgia & Catalina TRMSS
SECTION 3: AWARD AND EXECUTION OF CONTRACT
3-1.01 AWARD OF CONTRACT
The right is reserved to reject any and all proposals.

The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within 60 days after the opening of the proposals.

This period will be subject to extension for such further period as may be agreed upon in writing between the City of Vallejo and the Bidder concerned.

All bids will be compared on the basis of the Engineer's Estimate of the quantities of work to be done.

The low bid will be determined by adding the sum of the Total Amount of Bidder’s Base Bid, the Total Amount of all alternates (if any) .

When a price is quoted in both words and figures, the words shall prevail in case of a discrepancy. In the event of a discrepancy between Bidder’s Unit Price and Bidder’s Total Amount, the Unit Price shall prevail. In the event of a discrepancy between Bidder’s Total Amount and the Bid Total, the Unit Price and correct Total Amount shall prevail. 3-1.02 BONDS
Within ten (10) days of Contractor's receipt of Contract from City of Vallejo, the Contractor shall furnish corporate surety bonds to the benefit of the City of Vallejo, issued by a surety company acceptable to the City of Vallejo and authorized and admitted to do business in the State of California, as follows:

A. Faithful Performance Bond -- In a sum not less than one hundred percent (100%) of the total contract price as set forth in the Contract to guarantee the Contractor's faithful performance of all covenants and stipulations of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

B. Payment (Labor and Materials) Bond -- In a sum not less than one hundred percent (100%) of the total contract price as set forth in the Contract to guarantee the payment of wage, and bills contracted for materials, supplies, or equipment used in the performance of the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 to 3252, inclusive, of the Civil Code of the State of California, and Section 13020 of the Unemployment Insurance Code of the State of California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

Faithful Performance Bond and Payment Bond shall be on the forms provided by City of Vallejo.

The surety companies shall familiarize themselves with all provisions and conditions of the Contract. It is understood and agreed that the surety or sureties waive the right of special notification of any modifications or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by the City of Vallejo or its authorized agents under the terms of the Contract; and failure to so notify the surety companies of such changes shall in no way relieve the surety or sureties of their obligations under this Contract. The surety expressly waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. 3-1.03 EXECUTION OF CONTRACT
The Contract shall be signed by the successful Bidder and returned, together with the Contract bonds, within 10 days after the Bidder has received the Contract for execution.

CITY OF VALLEJO 27 Tuolumne, Georgia & Catalina TRMSS
3-1.04 FAILURE TO EXECUTE CONTRACT
The Bidder shall pay to the City of Vallejo from Bidder’s proposal guaranty, such sums as will reimburse the City of Vallejo for costs incurred for failure of the successful Bidder to complete, sign and return in strict compliance with these Contract Documents, if requested to do so, Contractor's Qualification Questionnaire, or enter into a Contract.

The amount of Bidder’s cash, bond, certified check, or cashier's check proposal guaranty shall not be deemed to constitute a penalty or liquidated damages.

The City of Vallejo shall not be precluded by such cash, bond, certified check, or cashier's check from recovering from the defaulting Bidder damages in excess of the amount of said cash, bond, certified check, or cashier's check incurred as a result of the failure of the successful Bidder to complete, sign and return in strict compliance with these Contract Documents, if requested to do so, Contractor's Qualification Questionnaire, or enter into a Contract. 3-1.05 RETURN OF PROPOSAL GUARANTIES
The proposal guaranties accompanying the proposals of the first, second and third lowest bidders will be retained until the Contract has been finally executed, after which those proposal guaranties, may be returned to the respective bidders whose proposals they accompany. The proposal guaranties, other than Bidder's bonds, submitted by all other unsuccessful bidders will be returned upon determination, by the City of Vallejo, of the first, second and third lowest responsible Bidders.

END OF SECTION
CITY OF VALLEJO 28 Tuolumne, Georgia & Catalina TRMSS
SECTION 4: SCOPE OF WORK
4-1.01 INTENT OF PLANS AND SPECIFICATIONS
All work and materials shall be in full accordance with the latest adopted standards and regulations of the State Fire Marshal; the California Building Code; Title 24 of the California Code of Regulations; the California Electrical Code; the California Plumbing Code; Americans with Disabilities Act; and all other applicable codes, laws, rules or regulations. Nothing in these Contract Documents is to be construed to permit work not conforming to these requirements. Contractor agrees that immediately upon signing of the Contract, Contractor will diligently review the Contract Documents and determine if any work described or inferred within the Contract Documents is not in conformance with these requirements. Should Contractor discover work within the Contract Documents not in conformance with these requirements, Contractor agrees to immediately notify Engineer in writing of said nonconformance, and to not proceed with nonconforming work. When the work detailed in the Contract Documents differs from governing codes, it is understood and agreed that the Contract sum is based upon the more costly or expensive standard.

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

Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract Documents, or in the event of any doubt or question arising respecting the true meaning of the Contract Documents, the Contractor shall apply to the Engineer in writing for such further explanations as may be necessary, and the Engineer shall render his or her decisions thereon. The Contractor shall thoroughly review all Requests for Information (RFI's) submitted by subcontractors prior to submission to the Engineer to determine whether such RFI's is already answered in the Contract Documents. Contractor represents to City of Vallejo, that by submission of an RFI, Contractor has thoroughly reviewed the RFI and thoroughly reviewed the Contract Documents and determined that the RFI is not answered or reasonably inferable in the Contract Documents, and that the RFI pertains to an unforeseen condition or circumstance that is not described in the Contract Documents, that there is a conflict or discrepancy in the Contract Documents, or there is an omission in the Contract Documents. In the event any RFI is answered or reasonably inferable from the Contract Documents, Contractor agrees to pay the City of Vallejo the reasonable cost, time and expenses associated with reviewing and responding to RFI's which are already answered or reasonably inferable from the Contract Documents. In the event of a disagreement over such compensation, the judgment of the Engineer shall be final.
4-1.02 FINAL CLEANING UP
Before final inspection of the work, the Contractor shall clean the project site, material sites and all ground occupied by the Contractor in connection with the work of all rubbish, excess materials, falsework, temporary structures and equipment in compliance with Caltrans Standard Specification 4-1.13. All parts of the work shall be left in a neat and presentable condition. Full compensation for final cleaning up will be considered as included in the prices paid for the various Contract items of work and no separate payment will be made therefore.

CITY OF VALLEJO 29 Tuolumne, Georgia & Catalina TRMSS
4 -1.03 CHANGES
The City reserves the right without changing the scope of work, to make such alterations deviations, additions to or deletions from the drawings and Specifications, including but not limited to, the right to add or delete any portion of the work to be done with no additional compensation or change in lump sum or bid Unit Prices. The City also reserves the right without changing the scope of work, to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated. Such increases or decreases in quantities shall not be a basis for change in character of the work.

The City of Vallejo may request that Contractor provide City of Vallejo with estimated costs for proposed changes to the work. Contractor agrees to promptly provide City of Vallejo with detailed, itemized costs for proposed changes to the work and scheduling data demonstrating the impact, if any, of the proposed changes to the work and the time for completion. Adjustments, if any, in the amount to be paid the Contractor by reason of any modifications of the work as set forth in a Contract Change Order, Construction Change Directive, or arising from claims shall be determined by one or more of the following methods as elected by the City of Vallejo:

A. Lump Sum Price - By an acceptable lump sum price fixed in agreement between the City of Vallejo and the Contractor.

B. Unit Prices – By unit prices fixed by agreement between the City of Vallejo and the Contractor.

C. Force Account - By directing the Contractor to proceed with the work and to keep and present in such form as the City of Vallejo may direct, a correct account of the cost of the change, together with all vouchers therefore. The Contractor will be paid for labor, materials, equipment rental, etc. actually used on change order work performed under Force Account as per Section 9-1.03 of these specifications.

The amount of payment agreed upon or, in the absence of agreement, selected by the City of Vallejo shall be set forth in the change order or construction change directive.

Upon receipt of a Contract Change Order authorized by the Engineer, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of an authorized Contract Change Order therefore. In those cases, the Engineer will, as soon as practicable, issue a Contract Change Order for the ordered work and the provisions in Section 4-1.03A, "Procedure and Protest," shall be fully applicable to the subsequently issued Contract Change Order.

When the compensation for an item of work is subject to adjustment under the provisions of Section 4-1.03, the Contractor shall, upon request, furnish the Engineer with adequate detailed cost data for that item of work.

If the Contractor requests an adjustment in compensation for an item of work, the cost data shall be submitted with the request.
4-1.03A PROCEDURE AND PROTEST
A Contract Change Order authorized by the Engineer may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in an authorized Contract Change Order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the Contract Change Order. The protest shall state the points of disagreement, and the Contract specification references, quantities and costs involved. If a written protest is not submitted, payment will be made as set forth in the Contract Change Order, and Contractor agrees that payment shall constitute full compensation for all work included therein or required thereby. Unprotested Contract Change Orders will be considered as executed Contract Change Orders.

CITY OF VALLEJO 30 Tuolumne, Georgia & Catalina TRMSS
Where the protest concerning an authorized Contract Change Order relates to compensation, the compensation payable for all work specified or required by that Contract Change Order to which the protest relates will be determined as provided in Section 4-1.03D. The Contractor shall keep full and complete records of the cost of that work and shall permit the Engineer to have access thereto as may be necessary to assist in the determination of the compensation payable for that work.

Where the protest concerning an accepted Contract Change Order relates to the adjustment of Contract time for the completion of the work, the time to be allowed therefor will be determined as provided in Section 8-1.07, "Liquidated Damages."
4-1.03B CHANGE ORDERS
Proposed Contract Change Orders may be presented to the Contractor for consideration prior to authorization by the Engineer. If the Contractor signifies acceptance of the terms and conditions of the proposed Contract Change Order by executing the document and if the Contract Change Order is accepted by the Engineer and issued to the Contractor, payment in accordance with the provisions as to compensation therein set forth shall constitute full compensation for all work included therein or required thereby. An accepted Contract Change Order shall supersede a proposed, but unaccepted, Contract Change Order covering the same work.

The Engineer may provide for an adjustment of compensation as to a Contract item of work included in a Contract Change Order determined as provided in Section 4-1.03D if that item of work is eligible for an adjustment of compensation thereunder.

Contract Change orders shall be in the form provided by City of Vallejo in the Contract Documents. 4-1.03C (NOT USED)
4-1.03D EXTRA WORK
New and unforeseen work will be classed as extra work when determined by the Engineer that the work is not covered by any of the various items for which there is a Unit Price or by combinations of those items. In the event portions of this work are determined by the Engineer to be covered by some of the various items for which there is a bid price or combinations of those items, the remaining portion of the work will be classed as extra work. Extra work also includes work specifically designated as extra work in the drawings or Specifications.

The Contractor shall do the extra work and furnish all labor, material, and equipment therefor upon receipt of an accepted Contract Change Order or other written order of the Engineer, and in the absence of an accepted Contract Change Order or other written order of the Engineer the Contractor shall not be entitled to payment for the extra work.

Payment for extra work required to be performed pursuant to the provisions in this Section 4-1.03D, in the absence of an executed Contract Change Order, will be made by force account as provided in Section 9-1.03; or as agreed to by the Contractor and the Engineer.

END OF SECTION

CITY OF VALLEJO 31 Tuolumne, Georgia & Catalina TRMSS
SECTION 5: CONTROL OF WORK
5-1.01 AUTHORITY OF ENGINEER
The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the drawings and Specifications; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation. The Engineer's decision shall be final, and the Engineer shall have authority to enforce and make effective those decisions and orders which the Contractor fails to carry out promptly. 5-1.02 CONTRACT DRAWINGS AND WORKING DRAWINGS
The Contract drawings (City-approved Plans) furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the Contract drawings shall be in writing.

The Contract drawings shall be supplemented by such working drawings prepared by the Contractor as are necessary to adequately control perform the work. No change shall be made by the Contractor to any working drawing after it has been accepted by the Engineer.

Working drawings for any part of the permanent work shall include, but not be limited to anchor bolt layouts, shop details, erection drawings, equipment lists, and any other information specifically required elsewhere in the Specifications.

Working drawings for falsework, temporary support systems, form work and for other temporary work and methods of construction the Contractor proposes to use, shall be submitted when required by the Contract Documents or ordered by the Engineer. Working drawings shall be subject to City of Vallejo review insofar as the details affect the character of the finished work and for compliance with design requirements applicable to the construction when specified or called for, but details of design will be left to the Contractor who shall be responsible for the successful construction of the work.

Working drawings shall be reviewed by the Engineer before any work involving the drawings is performed. It is expressly understood that review of the Contractor's working drawings shall not relieve the Contractor of any responsibility under the Contract for the successful completion of the work in conformity with the requirements of the drawings and Specifications. Review of working drawings shall not operate to waive any of the requirements of the drawings and Specifications or relieve the Contractor of any obligation thereunder, and defective work, materials and equipment may be rejected notwithstanding the review.

Full compensation for furnishing all working drawings shall be considered as included in the prices paid for the Contract items of work to which the drawings relate, and no additional compensation will be allowed therefor. 5-1.02A TRENCH EXCAVATION SAFETY PLANS
Attention is directed to Section 7-1.01E, "Trench Safety." Excavation for any trench 1.5 m {5 feet} or more in depth shall not begin until the Contractor has prepared detailed plans for worker protection from the hazards of caving ground during the excavation of that trench. The detailed plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation. No plan shall allow the use of shoring, sloping or a protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health. If the plan complies with the CITY OF VALLEJO 32 Tuolumne, Georgia & Catalina TRMSS
shoring system standards established by the Construction Safety Orders, the plan shall be submitted at least 5 days before the Contractor intends to begin excavation for the trench. If the plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil Engineer in the State of California, and the plan and design calculations shall be submitted at least 3 weeks before the Contractor intends to begin excavation for the trench. 5-1.03 CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE

DEVIATIONS
Contractor work and materials shall strictly conform to the lines, grades, typical cross sections, dimensions, and material requirements, including tolerances, required in the Contract Documents. Although measurement, sampling and testing may be considered evidence as to conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the drawings and Specifications, and the Engineer's decision as to any allowable deviations therefrom shall be final.
5-1.04 COORDINATION AND INTERPRETATION OF PLANS, SPECIFICATIONS AND

STANDARD SPECIFICATIONS
These project drawings, specifications, Special Provisions, Contract Change Orders and all supplementary documents are essential parts of the Contract, and a requirement occurring in one Contract Document is as binding as though occurring in all. They are intended to be complementary, and to describe and provide a complete work.

In the event of a conflict between the project drawings, Specifications or special provisions, and Standard Plans and Standard, Specifications of the State of California, Business, Transportation and Housing Agency, Department of Transportation, 2022 edition, City of Vallejo Standard Specifications and Standard Plans, December 2011 edition, or Vallejo Sanitation & Flood Control District Master Bid Document, dated March 2007, the project drawings, and Specifications shall control. Project drawings shall govern over Standard Plans; Standard Plans and project drawings shall govern over the Standard Specifications; and the special provisions shall govern over both the Standard Specifications and the project drawings. The specific shall control over the general.

Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Contract Documents, the Contractor shall apply in writing to the Engineer for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Contract Documents, reference in writing shall be made to the Engineer, whose decision thereon shall be final.

In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. Detail drawings shall prevail over general drawings. 5-1.05A ORDER OF WORK
When required by the Contract Documents, the Contractor shall follow the sequence of operations as set forth therein.

Full compensation for conforming to those requirements will be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.

CITY OF VALLEJO 33 Tuolumne, Georgia & Catalina TRMSS
5-1.05B HOURS OF WORK
Regular working hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays observed by the City. For work to be completed within the State Right of Way, regular working hours are 7:00 p.m. to 7:00 a.m.

No work outside of the regular working hours shall be done unless previously requested by the Contractor in writing and approved by the Engineer in writing. The contractor is subject to reimbursing the City for the costs of providing inspection outside of regular working hours.

The order of streets to be slurried shall be determined be the contractor per the plans listed on Appendix B.

No work shall take place on garbage collection days. See table on Appendix C for Recology garbage collection schedule.
5-1.06 SUPERINTENDENCE
The Contractor shall designate in writing before starting work an authorized representative who shall act as Superintendent and have the authority to represent and act for the Contractor. The Superintendent shall have responsibility for overall project operations and shall not be a “working foreman.” When the Contractor is comprised of 2 or more persons, firms, partnerships, or corporations functioning on a joint venture basis, the Contractor shall designate in writing before starting work, the name of one authorized representative who shall serve as the Superintendent, and who shall have the authority to represent and act for the Contractor.

The Superintendent shall be always present at the site of the work while work is in progress on the Contract.

When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required.

Whenever the Contractor or the Contractor's Superintendent is not present on any part of the work where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the foreman or other individual who may have charge of the particular work in reference to which the orders are given.

Any order given by the Engineer, not otherwise required by the Specifications to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing. 5-1.07 LINES AND GRADES
Stakes or marks for horizontal and vertical control will be set by the Engineer as the Engineer determines to be necessary to establish the lines and grades required for the completion of the work specified in these Contract Documents.

When the Contractor requires the stakes or marks, the Contractor shall notify the Engineer of the requirements in writing a reasonable length of time in advance of starting operations that require the stakes or marks. In no event shall a notice of less than 2 working days be considered a reasonable length of time.

Stakes and marks set by the Engineer shall be carefully preserved by the Contractor. In case the stakes and marks are destroyed or damaged, the Contractor will be charged for the cost of necessary replacement or restoration of stakes and marks. This charge will be deducted from any moneys due or to become due the Contractor.

CITY OF VALLEJO 34 Tuolumne, Georgia & Catalina TRMSS
5-1.08 INSPECTION
The Engineer shall at all times have safe access to the work during its construction and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Contract Documents. All work done and all materials furnished shall be subject to the Engineer's inspection.

Neither the inspection by an inspector, City of Vallejo, Engineer, nor any measurement, approved or unapproved modification, submittals, shop drawing, order, or certificate, nor acceptance of any part or whole of the work, or payment of money, nor any possession or use by the City of Vallejo or its agents, shall operate as a waiver of any provisions of the Contract or of any power or authority reserved therein, or of any right to damages thereunder; nor shall the waiver of any breach of this Contract be held to be a waiver of any subsequent or other breach.

Projects financed in whole or in part with State or Federal funds shall at all times be subject to inspection by the State or Federal agency involved, or their authorized representative. 5-1.09 REMOVAL OF REJECTED AND UNAUTHORIZED WORK
All work which has been rejected shall be remedied or removed and replaced by the Contractor in a manner acceptable to the Engineer, and no compensation will be allowed to the Contractor for the removal, replacement or remedial work.

Any work done beyond the lines and grades shown on the drawings or established by the Engineer, or any extra work done without written authority will be considered as unauthorized work and will not be paid for.

Upon order of the Engineer unauthorized work shall be remedied, removed, or replaced at the Contractor's expense.

Upon failure of the Contractor to comply promptly with any order of the Engineer made under this Section 5-

1.09, the City of Vallejo may cause rejected or unauthorized work to be remedied, removed, or replaced, and to deduct the costs from any moneys due or to become due the Contractor. 5-1.10 EQUIPMENT AND PLANTS
Only equipment suitable to produce the quality of work and materials required will be permitted to operate on the project.

The Contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer shall remove unsuitable equipment from the work and discontinue the operation of unsatisfactory plants.

The Contractor shall identify each piece of equipment, other than hand tools, by means of an identifying number plainly stenciled or stamped on the equipment at a conspicuous location and shall furnish to the Engineer a list giving the description of each piece of equipment and its identifying number. 5-1.11 ALTERNATIVE EQUIPMENT
While certain of the Contract Documents may provide that equipment of a particular size and type is to be used to perform portions of the work, it is to be understood that the development and use of new or improved equipment is to be encouraged.

CITY OF VALLEJO 35 Tuolumne, Georgia & Catalina TRMSS
The Contractor may request, in writing, permission from the Engineer to use equipment of a different size or type in place of the equipment specified.

The Engineer, before considering or granting the request, may require the Contractor to furnish, at the Contractor's expense, evidence satisfactory to the Engineer that the equipment proposed for use by the Contractor is capable of producing work equal to, or better than, that which can be produced by the equipment specified.

If permission is granted by the Engineer, it shall be understood that the permission is granted for the purpose of testing the quality of work produced by the equipment and is subject to continuous attainment of results which, in the opinion of the Engineer, are equal to, or better than, that which can be obtained with the equipment specified. The Engineer shall have the right to withdraw permission at any time that the Engineer determines that the alternative equipment is not producing work that is equal, in all respects, to that which can be produced by the equipment specified. Upon withdrawal of permission by the Engineer, the Contractor will be required to use the equipment originally specified and shall, in accordance with the directions of the Engineer, remove and dispose of or otherwise remedy, at the Contractor's expense, any defective or unsatisfactory work produced with the alternative equipment.

The Contractor shall not have any claim against the City of Vallejo for either the withholding or the granting of permission to use alternative equipment, or for the withdrawal of the permission.

Permission to use alternative equipment in place of equipment specified will only be granted where the equipment is new or improved and its use is deemed by the Engineer to be in furtherance of the purposes of this Section 5-1.11. Permission for use of particular equipment on any project shall in no way be considered as permission of the use of the equipment on any other project.

Nothing in this Section 5-1.11 shall relieve the Contractor of the responsibility for furnishing materials or producing finished work of the quality specified in the Contract Documents 5-1.12 ALTERNATIVE METHODS OF CONSTRUCTION
Whenever the drawings or Specifications provide that more than one specified method of construction or more than one specified type of material or construction equipment may be used to perform portions of the work and leave the selection of the method of construction or the type of material or equipment to be used up to the Contractor, it is understood that the City of Vallejo does not guarantee that every or any specified method of construction or type of material or equipment can be used successfully throughout all or any part of any project.

It shall be the Contractor's responsibility to select and use the alternative or alternatives which will satisfactorily perform the work under the conditions encountered. In the event some of the alternatives are not feasible or it is necessary to use more than one of the alternatives on any project, full compensation for any additional cost involved shall be considered as included in the Contract price paid for the item of work involved and no additional compensation will be allowed therefor.
5-1.13 DIFFERING SITE CONDITIONS
During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the Contractor shall promptly notify the Engineer in writing of the specific differing conditions before they are disturbed and before the affected work is performed.

Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding loss of anticipated profits, will be made and the CITY OF VALLEJO 36 Tuolumne, Georgia & Catalina TRMSS
Contract modified in writing accordingly. The Engineer will notify the Contractor of the Engineer's determination whether an adjustment of the Contract is warranted.

No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. Contractor agrees that failure to provide written notice to Engineer as required herein, or failure to otherwise abide by this Section, shall be a waiver by Contractor of any claim, demand, compensation or adjustment in the Contract time or working days.

No Contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work.

Any Contract adjustment warranted due to differing site conditions will be made in conformance with the provisions in Section 4-1.03, "Changes," except as otherwise provided. 5-1.14 CHARACTER OF WORKERS
If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, they shall be discharged immediately on the request of the Engineer, and that person shall not again be employed on the work. 5-1.15 FINAL INSPECTION
When the work has been completed, the Engineer will make the final inspection. 5-1.16 MEANS AND METHODS
City of Vallejo will not have control over, oversee, nor be responsible for construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the work, since these are solely Contractor's responsibility.

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

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

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

END OF SECTION
CITY OF VALLEJO 37 Tuolumne, Georgia & Catalina TRMSS
SECTION 6: CONTROL OF MATERIALS
6-1 GENERAL
6-1.01 SOURCE OF SUPPLY AND QUALITY OF MATERIALS
The Contractor shall furnish all materials required to complete the work, except materials that are designated in the Specifications to be furnished by the City of Vallejo and materials furnished by the City of Vallejo in conformance with the provisions in Section 9-1.03, "Force Account Payment." Only materials conforming to the requirements of the Contract Documents shall be incorporated in the work.

The materials furnished and used shall be new, except as may be provided elsewhere in the Contract Documents. The materials shall be manufactured, handled and used in a workmanlike manner to ensure completed work in accordance with the drawings and Specifications.

Materials to be used in the work will be subject to inspection and tests by the Engineer or the Engineer's designated representative. The Contractor shall furnish without charge such samples as may be required.

The Contractor shall furnish the Engineer a list of the Contractor's sources of materials and the locations at which those materials will be available for inspection. The list shall be submitted on a form acceptable to the Engineer and shall be furnished to the Engineer in sufficient time to permit inspecting and testing of materials to be furnished to the listed sources in advance of their use. The Engineer may inspect, sample or test materials at the source of supply or other locations, but the inspection, sampling or testing will not be undertaken until the Engineer is assured by the Contractor of the cooperation and assistance of both the Contractor and the supplier of the material. The Contractor shall assure that the Engineer or the Engineer's authorized representative has free access at all times to the material to be inspected, sampled or tested. It is understood that the inspections and tests if made at any point other than the point of incorporation in the work in no way shall be considered as a guaranty of acceptance of the material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City of Vallejo shall not relieve the Contractor or the Contractor's suppliers of responsibility for quality control.

Manufacturers' warranties, guaranties, instruction sheets and parts lists, which are furnished with certain articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the Contract.

Reports and records of inspections made, and tests performed, when available at the site of the work, may be examined by the Contractor.
6-1.02 CITY FURNISHED MATERIALS
Materials which are listed as City of Vallejo-furnished materials in the special provisions will be available to the Contractor free of charge.

The Contractor shall submit a written request to the Engineer for the delivery of City of Vallejo-furnished material at least 15 days in advance of the date of its intended use. The request shall state the quantity and the type of each material.

The City of Vallejo-furnished materials will be available to the Contractor free of charge will be designated in the special provisions. In those cases the materials shall be hauled to the site of the work by the Contractor at the Contractor's expense, including any necessary loading and unloading that may be involved. All costs of handling and placing City of Vallejo-furnished material shall be considered as included in the price paid for the Contract item involving the City of Vallejo-furnished material.

CITY OF VALLEJO 38 Tuolumne, Georgia & Catalina TRMSS
The Contractor shall be responsible for all City of Vallejo-furnished materials furnished to the Contractor, and shall pay all demurrage and storage charges. City of Vallejo-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor at the Contractor's expense. The Contractor shall be liable to the City of Vallejo for the cost of replacing City of Vallejo-furnished material, and those costs may be deducted from any moneys due or to become due the Contractor. All City of Vallejo-furnished material that is not used on the work shall remain the property of the City of Vallejo and shall be delivered to the Engineer’s designated location at no cost to the City.
6-1.03 STORAGE OF MATERIALS
Articles or materials to be incorporated in the work shall be stored in such a manner as to ensure the preservation of their quality and fitness for the work, and to facilitate inspection. 6-1.04 DEFECTIVE MATERIALS
All materials which the Engineer has determined do not strictly conform to the requirements of the Contract Documents will be rejected whether in place or not. The rejected materials shall be removed immediately from the site of the work, unless otherwise permitted in writing by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the work, unless authorization in writing has been given by the Engineer. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions in this section, the Engineer shall have authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due the Contractor.

If nonconforming work, materials, or equipment not meeting the requirements and intent of the Contract Documents is discovered, and the Contractor fails to remedy the nonconforming work, materials, or equipment, or the City of Vallejo agrees in writing to accept the nonconforming work, materials, or equipment, Contractor agrees to sign a Contract Change Order or otherwise reimburse City of Vallejo in a sum equal to the cost to remedy the nonconforming work, materials, or equipment. It is expressly understood and agreed that the City of Vallejo will be entitled to recover from Contractor the full cost of remedying nonconforming work, materials, or equipment, and that diminution in value will not be considered as a method for valuing the City of Vallejo's damages for nonconforming work, materials, or equipment, and further that the doctrine of economic waste will not be a defense to the City of Vallejo's recovery from Contractor of the full and complete cost and expense of remedying nonconforming work, materials, or equipment.

Re-examination of any work may be ordered by the Engineer, and such work must be uncovered by the Contractor. The Contractor shall pay the entire cost of such uncovering, re-examination, and replacement if the work does not conform to the Contract Documents.
6-1.05 TRADE NAMES AND ALTERNATIVES
For convenience in designation on the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and the manufacturer's catalogue information. The use of an alternative article or material which is of equal or superior quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements:

The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and the Contractor shall furnish all information necessary as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials, and the Engineer's decision shall be final.

CITY OF VALLEJO 39 Tuolumne, Georgia & Catalina TRMSS
Whenever the Contract Documents permit the substitution of a similar or equivalent material or article, no tests or action relating to the acceptance of the substitute material will be made until the request for substitution is made in writing by the Contractor accompanied by complete data as to the equality of the material or article proposed. Request for such substitution shall be made in writing by the Contractor within thirty (30) days of the Notice to Proceed. Failure by the Contractor to request substitution within thirty (30) days of the Notice to Proceed constitutes an agreement by Contractor to furnish only the materials or equipment listed in the Contract Documents. Until and unless such substitutions are authorized in writing by the Engineer, no deviations from the specifications shall be allowed.
6-1.06 PLANT INSPECTION
The Engineer may inspect the production of material or the manufacture of products at the source of supply.

Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer's authorized representative shall have free entry at all times to those parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The City of Vallejo assumes no obligation to inspect materials at the source of supply. 6-1.07 CERTIFICATES OF COMPLIANCE
A Certificate of Compliance shall be furnished prior to the use of any materials for which the Contract Documents require that a certificate be furnished. In addition, when so authorized in the Contract Documents, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Contract Documents. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.

Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection whether in place or not.

The City of Vallejo reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.

The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. 6-1.08 FOREIGN MATERIALS
Materials which are manufactured, produced or fabricated outside of the United States shall be delivered to a distribution point in California, unless otherwise required in the Contract Documents, where they shall be retained for a sufficient period of time to permit inspection, sampling and testing.

Attention is directed to the provisions in Section 8-1.07, "Liquidated Damages." The Contractor shall not be entitled to an extension of time for acts or events occurring outside of the United States, and it shall be the Contractor's responsibility to deliver materials obtained from outside of the United States to the point of entry into the continental United States in sufficient time to permit timely delivery to the job site.

The Contractor, at no cost to the City of Vallejo, shall supply the facilities and arrange for any testing required CITY OF VALLEJO 40 Tuolumne, Georgia & Catalina TRMSS
in California which the City of Vallejo is not equipped to perform. All testing by the Contractor shall be subject to witnessing by the Engineer.

The manufacturer, producer or fabricator of foreign material shall furnish to the Engineer a Certificate of Compliance in conformance with the provisions in Section 6-1.07, "Certificates of Compliance." In addition, certified mill test reports clearly identifiable to the lot of material shall be furnished where required in the Contract Documents or otherwise requested by the Engineer.

If the welding of steel for structural steel members or the casting and prestressing of precast, prestressed concrete members is to be performed outside of the United States, the following requirements shall apply:

A. The fabrication shall be performed only within the plants and by fabricators who have previously established, to the satisfaction of the Engineer, that they have the experience, knowledge, trained manpower, quality controls, equipment and other facilities required to produce the quality and quantity of work required. At the option of the Engineer, prequalification of the plant and fabricator will be established either by the submission of detailed written proof thereof or through in-plant inspection by the Engineer or the Engineer's representative, or both.

B. The Contractor shall make written application to the Engineer for acceptance for the foreign fabrication at the earliest possible time and in no case later than 50 days in advance of the planned start of fabrication. The application shall list the specific units or portion of a work which will be fabricated outside of the United States.

C. The Contractor shall advise the Engineer, in writing, at least 20 days in advance of the actual start of any of the foreign fabrication.

D. All documents pertaining to the Contract, including but not limited to, correspondence, bid documents, working drawings and data shall be written in the English language and all numerical data shall use the International System of Units (SI) {United States Standard Measures} for measurement.

The use of steel manufactured outside of the United States as unidentified stock material, as provided in Section 55-2.07, "Unidentified Stock Material," will not be allowed.

END OF SECTION
CITY OF VALLEJO 41 Tuolumne, Georgia & Catalina TRMSS
SECTION 7: LEGAL RELATIONS AND RESPONSIBILITY
7-1.01 LAWS TO BE OBSERVED
The Contractor shall keep fully informed of all existing and future laws, ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with, and shall cause all the Contractor's agents, employees, subcontractors and material suppliers to observe and comply with all existing and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City of Vallejo, and all officers and employees thereof connected with the work, including but not limited to the Director and the Engineer, against any claim or liability arising from or based on the violation of any law, ordinance, regulation, order or decree, whether by the Contractor or the Contractor's employees. If any discrepancy or inconsistency is discovered in the Contract Documents for the work in relation to any law, ordinance, regulation, order or decree, each Bidder and the Contractor shall forthwith report the same to the Engineer in writing. 7-1.01A LABOR CODE REQUIREMENTS
Attention is directed to the following requirements of the Labor Code:
7-1.01A (1) HOURS OF LABOR
Eight hours of labor constitutes a legal day's work. The Contractor or any subcontractor under the Contractor shall forfeit, as a penalty to the State of California, $25 for each worker employed in the execution of the Contract by the respective Contractor or subcontractor for each calendar day during which that worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the requirements of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of Contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half times the basic rate of pay, as provided in Section 1815 thereof. 7-1.01A (2) PREVAILING WAGE
The Contractor and any subcontractor under the Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to the City of Vallejo or political subdivision on whose behalf the Contract is made or awarded a penalty of not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by the Contractor or by any subcontractor under the Contractor in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive.

The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which CITY OF VALLEJO 42 Tuolumne, Georgia & Catalina TRMSS
each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime Contractor of the project is not liable for the penalties described above unless the prime Contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime Contractor fails to comply with all of the following requirements:

A. The Contract executed between the Contractor and the subcontractor for the performance of work on the public works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.

B. The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

C. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

D. Prior to making final payment to the subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor's employees on the public works project and any amounts due pursuant to Section 1813 of the Labor Code.

Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the City of Vallejo did not retain sufficient money under the Contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor shall pay all moneys retained from the subcontractor to the City of Vallejo. These moneys shall be retained by the City of Vallejo pending the final decision of an enforcement action.

Pursuant to the requirements in Section 1773 of the Labor Code, the City of Vallejo has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

General prevailing wage rates are also available from the California State Department of Industrial Relations' Internet Web Site at:
http://www.dir.ca.gov/OPRL/dprewagedetermination.htm
The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates.

Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for bids and are good for the life of the Contract. Prevailing wage determinations with double CITY OF VALLEJO 43 Tuolumne, Georgia & Catalina TRMSS
asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the Contract.

The Contractor shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.

Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.

Changes in general prevailing wage determinations which conform to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204 shall apply to the project when issued by the Director of Industrial Relations at least 10 days prior to the date of the Notice to Contractors for the project.

The City of Vallejo will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the bid and will not under any circumstances be considered as the basis of a claim against the City of Vallejo on the Contract by Contractor.
7-1.01A(2)(A) TRAVEL AND SUBSISTENCE PAYMENTS
Attention is directed to the requirements in Section 1773.8 of the Labor Code. The Contractor shall make travel and subsistence payments to each workman, needed to execute the work, in conformance with the requirements in Labor Code Section 1773.8.

Full compensation for conforming to the requirement of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed, therefore.
7-1.01A(3) PAYROLL RECORDS
Attention is directed to the requirements in Labor Code Section 1776, a portion of which is quoted below.

Regulations implementing Labor Code Section 1776 are located in Sections 16016 through 16019 and Sections 16207.10 through 16207.19 of Title 8, California Code of Regulations.

A. Each Contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.

B. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.

2. A certified copy of all payroll records enumerated in subdivision (a) shall be made available CITY OF VALLEJO 44 Tuolumne, Georgia & Catalina TRMSS
for inspection or furnished upon request to a representative of the body awarding the Contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.

3. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the Contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the Contractor.

C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

D. A Contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.

E. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in a manner so as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or the subcontractor performing the Contract shall not be marked or obliterated.

F. The Contractor shall inform the body awarding the Contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.

G. The Contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the Contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the Contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section."
The penalties specified in subdivision (g) of Labor Code Section 1776 for noncompliance with the requirements in Section 1776 may be deducted from any moneys due or which may become due to the Contractor.

All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). Payrolls shall contain the full name, address and social security number of each employee, the employee's correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employee's address and social security number need only appear on the first payroll on which that name appears. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or the employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Contract. The "Statement of Compliance" shall be on forms furnished by the City of Vallejo or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.

If by the 15th of the month, the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1st of that month, the City of Vallejo may retain an amount equal to 10 percent of the estimated value of the work performed (exclusive of Mobilization) during the month from the next monthly estimate, except that this retention shall not exceed $10,000 nor be less than $1,000.

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Retentions for failure to submit satisfactory payrolls shall be additional to all other retentions provided for in the Contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted.

The Contractor and each subcontractor shall preserve their payroll records for a period of 3 years from the date of completion of the Contract.
7-1.01A(4) LABOR NONDISCRIMINATION
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." Attention is directed to the following "Nondiscrimination Clause" that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.

NONDISCRIMINATION CLAUSE
“During the performance of this Contract, Contractor and its SUBCONTRACTORS shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and SUBCONTRACTORS shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and SUBCONTRACTORS shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its SUBCONTRACTORS shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.” The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.
7-1.01A(5) APPRENTICES
Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Code of Regulations Section 200 et seq. To ensure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each Contractor or subcontractor should, where some question exists, contact the Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, CA 94102, or one of its branch offices prior to commencement of work on the public works Contract.

Responsibility for compliance with this section lies with the Contractor.

It is City of Vallejo policy to encourage the employment and training of apprentices on public works Contracts as may be permitted under local apprenticeship standards.

A. Only registered apprentices within a written agreement in an approved apprentice-training program providing no less than 2,000 hours of continuous employment and education are eligible for employment on public works (in compliance with Labor Section 3077).

CITY OF VALLEJO 46 Tuolumne, Georgia & Catalina TRMSS
B. A contractor is no longer required to submit Form DAS-7, but must submit award information to the local applicable joint apprenticeship committee. The award information must include:
•an estimate of the journeyman hours;
•the number of apprentices to be employed; and
•the approximate dates of apprentice employment.

C. The minimum statutory 1:5 hourly ratio of work stipulates that no less than one hour of apprentice work for every five hours of journeyman labor on any day of work. (Any journeyman work performed beyond 8 hours per day or 40 hours per week shall not be used to calculate the hourly ratio).

This section shall not apply to specialty contractors or general contractors whose contracts involve less than Thirty Thousand Dollars ($30,000.00) or 20 working days.

The Division of Apprenticeship Standards may grant a certificate exempting the contractor from the minimum 1:5 hourly ratios under any one of the following:

Unemployment exceeds an average of 15% in the area for the previous 3-month period; The number of apprentices in training in such area exceeds a ratio of 1:5; The apprentice able craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either locally or statewide;
The specific task would jeopardize the apprentice's life or public safety or no training can be provided to an apprentice by a journeyman for the specific task.

D. Apprentices employed on public works projects can only be assigned to perform work of the craft or trade to which the apprentice is registered.

E. All contractors with employees in any apprentice able occupation, regardless of the actual employment of journeymen or apprentices for the awarded public work, must either contribute to the local training trust fund or to the California Apprenticeship Council, P.O. Box 603, San Francisco, CA 94101 (as set forth in Section 227).

F. All violations of Section 1777.5 shall pay a civil penalty of Fifty Dollars ($50.00) for each calendar day of noncompliance.

All willful violations of Section 1777.5 shall pay the $50.00 fine for each calendar day of noncompliance and shall be denied the right to bid on, or to receive, any public works contract for a period of up to one year for the first violation and up to three years for any additional violations.

Compliance disputes arising under Section 177.5 shall be adjudicated under 8 California Code of Regulations, Article 1.

G. Within five (5) days of a public works contract award, the awarding agency must send a copy of the award to the Division of Apprenticeship Standards under Section 1773.3.

Within five (5) days of finding any discrepancy regarding the hourly ratio of apprentices to journeymen, the awarding agency shall notify the Division of Apprenticeship Standards.

H. The Contractor shall be responsible for compliance for all apprentice able occupations within these sections.

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7-1.01A(6) WORKERS' COMPENSATION
Pursuant to the requirements in Section 1860 of the Labor Code, the Contractor will be required to secure the payment of workers' compensation to the Contractor's employees in conformance with the requirements in Section 3700 of the Labor Code.

Prior to the commencement of work, the Contractor shall sign and file with the Engineer a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract."
This certification is incorporated in the Contract by reference, and signature and return of the Contract as provided in Section 3-1.03, "Execution of Contract," shall constitute signing and filing of the certificate. 7-1.01A(7) SUITS TO RECOVER PENALTIES AND FORFEITURES
Attention is directed to Sections 1730 to 1733, inclusive, of the Labor Code concerning suits to recover amounts withheld from payment for failure to comply with requirements of the Labor Code or Contract provisions based on those laws.

Those sections provide that a suit on the Contract for alleged breach thereof in not making the payment is the exclusive remedy of the Contractor or the Contractor's assignees with reference to amounts withheld for those penalties or forfeitures; and that the suit must be commenced and actual notice thereof received by the awarding authority prior to 90 days after completion of the Contract and the formal acceptance of the job. 7-1.01B FAIR LABOR STANDARDS ACT
The attention of Bidders is invited to the fact that the City of Vallejo has been advised by the Wage and Hour Division, U.S. Department of Labor, that Contractors engaged in highway construction work are required to meet the provisions of the Fair Labor Standards Act of 1938 and as amended (52 Stat. 1060). 7-1.01C CONTRACTOR'S LICENSING LAWS
Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code concerning the licensing of Contractors. Contractor shall be properly licensed at all times during the performance of the work and performance of the Contract.

All Bidders and Contractors shall be licensed in accordance with the laws of this State and any Bidder or Contractor not so licensed is subject to the penalties imposed by those laws.

Attention is also directed to the requirements in Public Contract Code Section 10164. In all projects where Federal funds are involved, the Contractor shall be properly licensed at the time the Contract is awarded. 7-1.01D VEHICLE CODE
Pursuant to the authority contained in Vehicle Code Section 591, the City of Vallejo has determined that within CITY OF VALLEJO 48 Tuolumne, Georgia & Catalina TRMSS
those areas that are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code.

Attention is directed to the statement in Vehicle Code Section 591 that this section shall not relieve the Contractor or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of the Contractor's equipment and the protection of the public from injury and damage from the Contractor's equipment.
7-1.01E TRENCH SAFETY
Attention is directed to the requirements in Section 6705 of the Labor Code concerning trench excavation safety plans.

The Contractor is warned that when the work involves existing sewers and appurtenances that have been exposed to sewage and industrial wastes, these facilities shall be considered contaminated with disease- causing organisms. Personnel in contact with contaminated facilities, debris, waste water, or similar items shall be advised by the Contractor of the necessary precautions that must be taken to avoid becoming diseased. It is the Contractor's responsibility to urge his/her personnel to observe a strict regimen of proper hygienic precautions, including any inoculations recommended by the local public health officer.

Because of the potential danger of solvents, gasoline, and other hazardous material in the existing sewers and storm drain pipes, these areas shall be considered hazardous. The Contractor shall be aware of these dangers and shall comply with Article 108, "Confined Spaces," of the General Industrial Safety Orders contained in Title 8 of the California Administrative Code.

In the event that this Contract requires the excavation of any trench or trenches in excess of five feet in depth, Contractor shall prepare a detailed design plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trenches. Said detailed design plan and subsequent excavating operations shall fully comply with all local, state and federal regulations including, but not limited to, the Construction Safety Orders, Section 1539, Permits and Section 1540 et seq., Excavation.
7-1.01F AIR POLLUTION CONTROL
The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the Government Code.

Unless otherwise provided in the special provisions, material to be disposed of shall not be burned, either inside or outside the highway right of way.
7-1.01G WATER POLLUTION CONTROL
7-1.01G(1) GENERAL
The intent of these requirements is to enforce federal, state, and other local agency regulation prohibiting storm water pollution from construction sites. The storm drain system discharges directly to creeks and the San Francisco Bay without treatment. Therefore, pollutant discharge into the storm drain system is strictly prohibited. Here pollutant discharge means any substance, material, or waste, and discharges NOT permitted under the National Pollutant Discharge Elimination System (NPDES) regulated by the State of California CITY OF VALLEJO 49 Tuolumne, Georgia & Catalina TRMSS
Regional Water Quality Control Board (RWQCB) or the United States Environmental Protection Agency (EPA) other than uncontaminated stormwater.

The Contractor shall conform to all applicable local, state, and Federal regulations and laws pertaining to water pollution control. As applicable, the Contractor shall obtain Water Pollution Control Permits and file all documents including, but not limited to, the State of California Construction General Permit, Stormwater Pollution Prevention Plan. The Contractor shall conduct and schedule operations and follow and implement Best Management Practices (BMPs) in such a manner as to prevent water pollution. The Contractor shall also conform to the following requirements:
1) Sediments shall not be discharged to a storm drain system or receiving waters. In this subsection, the term "storm drain system" shall include storm water conduits, storm drain inlets and other storm drain structures, street gutters and paved surfaces. In this subsection “receiving waters” shall include channels, watercourses, creeks, lakes, the Mare Island Strait, the Carquinez Strait, and the San Francisco Bay.
2) Sediments generated on the Work site shall be contained within the Work site using appropriate BMPs. 3) No construction-related materials, waste, spill, or residue shall be discharged from the Work site to streets, drainage facilities, receiving waters or adjacent property by wind or runoff. 4) Non-storm water runoff from equipment, vehicle washing, or any other activity shall be contained within the Work site using appropriate BMPs.
5) Erosion shall be prevented. Erosion-susceptible slopes shall be covered, planted, or otherwise protected in a way that prevents discharge from the Work site.

In this subsection, the term “storm drain system” shall include water conduits, storm drain inlets and other storm drain structures, street gutters and paved surfaces, channels, watercourses, creek, lakes, the estuary, and the San Francisco Bay.

The Engineer will notify the Contractor of the acceptance or rejection of any submitted or revised water pollution control program.

The City of Vallejo will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised water pollution control program, nor for any delays to the work due to the Contractor's failure to submit an acceptable water pollution control program.

Nothing in the terms of the Contract Documents nor in the provisions in this Section 7 1.01G Water Pollution Control shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of water pollution. 7-1.01G(2) BEST MANAGEMENT PRACTICES (BMP)
For the purpose of eliminating stormwater pollution, the Contractor shall implement effective control measures known as Best Management Practices (BMPs). BMPs include schedules of activities, prohibition of practices, general good housekeeping practices, operational practices, pollution prevention practices, maintenance procedures, and other management procedures to prevent pollutant discharge directly or directly into the storm drain system. BMPs also include the construction of some facilities that may be required to prevent, control, and abate stormwater pollution.

The Contractor shall implement and maintain such BMPs as are relevant to the work, and as are specifically required by the project drawings or Specifications. The Contractor shall be responsible throughout the Contract duration for installing, constructing, inspecting, maintaining, removing and disposing of BMPs for wind erosion control, tracking control, erosion and sediment control, non-storm water control, and waste management and CITY OF VALLEJO 50 Tuolumne, Georgia & Catalina TRMSS
materials pollution control. Unless otherwise directed by the Engineer, the Contractor shall be responsible for BMP implementation and maintenance throughout any temporary suspension of the Work. Guidance for appropriate implementation of BMPs can be found in the 7-1.01G(5) Reference Publications, below. 7-1.01G (3) STORM WATER POLLUTION PREVENTION PLAN (SWPPP) When so specified in the Specifications, or if required by a jurisdictional regulatory agency, the Contractor shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall conform to the requirements specified in the Specifications and those of the jurisdictional regulatory agency. The Notice of Intent will be filed by the City.
7-1.01G(4) DEWATERING
Dewatering shall be performed by the Contractor when specifically required by the project drawings or Specifications, and as necessary for construction of the Work. Dewatering shall be performed in conformance with all applicable local, state and Federal laws and permits issued by jurisdictional regulatory agencies.

Permits necessary for treatment and disposal of accumulated water shall be obtained by the Contractor or the Agency as specified in the Special Provisions. Accumulated water shall be treated prior to disposal if so specified in the Specifications or required by a permit. The contractor shall submit a working drawing and related supporting information detailing its proposed plan and methodology and treatment and disposal of accumulated water. To the maximum extent practical, the Contractor shall reuse non-toxic, de-silted water for other onsite needs, such as dust control and irrigation.

The plan shall identify the location, type and size of dewatering devices and related equipment, the size and type of materials composing the collection system, the size and type of equipment to be used to retain and, if required, treat accumulated water, and the proposed disposal locations. If the proposed disposal location is a sanitary sewer, the Contractor shall submit to the Engineer written evidence of permission from the owner. If the proposed disposal location is a storm drain system or receiving body of water, the Contractor shall submit written evidence of permission from the owner of the storm drain system and, if not obtained by the City, original signed permits from jurisdictional regulatory agencies or written evidence that such permits are not required.
7-1.01G(5) REFERENCE PUBLICATIONS
Reference publications are as follows:

1. California State Water Resources Control Board (SWRCB) Construction General Permit Order 2009- 009-DWQ adopted on September 2, 2009. Available at: the following website:
http://www.swrcb.ca.gov/board_decisions/adopted_orders/water_quality/2012/wqo2012_0006_dwq.pdf

2. California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook. Available at: the following website:
www.casqa.org/resources/bmp-handbooks/construction

3. Erosion and Sediment Control Field Manual, San Francisco Regional Water Quality Control Board (SFRWQCB) Available from Friends of the San Francisco Estuary, 1515 Clay Street, Suite 1400, Oakland, CA 94612 (510) 622-2419 or (510) 622-2337. Available at: the following website:
www.abag.ca.gov/abag/overview/pub/erosion.html

4. Manual of Standards for Erosion and Sediment Control Measures. Association of Bay Area Governments (ABAG.) Available from ABAG, 101 8th Street, Oakland, CA 94607, (510) 464-7900.

Available at: the following website:

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www.abag.ca.gov/abag/overview/pub/erosion.html

5. CalTrans Stormwater Quality Handbooks. Available at: the following website:
www.dot.ca.gov/hq/construc/stormwater/CSBMPM_303_Final.pdf 7-1.01G(6) MATERIAL STORAGE
Storage and exposure of raw materials, by-products, finished products, and containers shall be controlled as described below:

1. All construction materials shall be stored at least ten feet away from inlets, catch basins, and curb returns. The Contractor shall not allow any material to enter the storm drain system. Measures shall be taken to maintain a neat and protected pile. At the end of each working day, the Contractor shall collect and dispose of all scrap, debris, and waste material excluding materials set aside for recycling and salvage. Materials set aside for recycling and salvage shall be delivered to the recycling station within five days.

2. Materials that can contaminate rainwater or be transported by storm water or other runoff to the storm drain system require special storage. During wet weather or when rain is forecast, the Contractor shall store such materials inside a building or cover them with a tarp or other waterproof material secured with weighted tires or sandbags to prevent contact with rain.

3. The Contractor is reminded that storage and disposal of all hazardous materials such as paints, thinners, solvents, and fuels; and all hazardous wastes such as waste oil, must meet all federal, state and local standards and requirements.
7-1.01G(7) PAVEMENT SAW CUTTING OPERATIONS
The Contractor shall prevent any saw cutting debris from entering the storm drain system. The Contractor shall preferably use dry cutting techniques and sweep up residue. If wet methods are used, the Contractor shall vacuum slurry as cutting proceeds or collect all wastewater by constructing a sandbag sediment barrier.

The bermed area shall be of adequate size to collect all wastewater and solids. The Contractor shall allow collected water to evaporate, as approved by the Engineer, if the wastewater volume is minimal and if maintaining the ponding area does not interfere with public use of the street area, create a safety hazard, or does not create standing water that remains longer than 72 hours. If the Engineer approves, the Contractor may direct or pump saw cutting wastewater to a dirt area for infiltration. This dirt area shall be adequate to contain all the wastewater. After wastewater has infiltrated, all remaining saw cutting residue must be removed and disposed of properly.

With the approval of Vallejo Flood and Wastewater District (VFWD) and the Engineer, de-silted water may be pumped to the sanitary sewer to assist in the evaporation or infiltration process. Remaining silt and debris from the ponding or bermed area shall be removed or vacuumed and disposed of properly. If a suitable dirt area is not available or discharge to the sanitary sewer is not feasible, with the Engineer’s approval the Contractor shall filter the saw-cutting wastewater through filtering materials and methods meeting ABAG Standards for Erosion and Sedimentation Control Measures (latest edition) before discharging this wastewater to the storm drain.
7-1.01G(8) PAVEMENT OPERATIONS
The Contractor shall prevent the discharge of pollutants from paving operations by using measures to prevent run-on and runoff pollution, properly disposing of wastes, and by implementing the following Best Management Practices:

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a. No paving during wet weather.
b. Store materials as required by 7-1.01G(6) Material Storage, c. Cover inlets and manholes when applying asphalt, seal coat, tack coat, slurry seal, fog seal, etc. d. Place drip pans or absorbent materials under paving equipment when not in use. During wet weatherstore contaminated paving equipment indoors or cover with tarp or other waterproof covering. e. Sweep work site daily to prevent sand, gravel or excess asphalt from entering, or being transported by rain, into the storm drain system.
f. Keep ample supplies of drip pans or absorbent materials on-site. g. If paving involves Portland cement concrete, refer to 7-1.01G(6) Material Storage. 7-1.01G(9) CONCRETE OPERATIONS
The Contractor shall prevent pollutant discharge from concrete operations by using measures to prevent run- on and runoff pollution, by properly disposing of wastes, and by implementing the following BMPs:
a. Store all materials in waterproof containers or under cover away from drain inlets or drainage areas. b. Avoid mixing excess amounts of Portland cement materials. c. Do not wash out concrete trucks into storm drains, open ditches, streets, streams etc. Whenever possible, perform washout of concrete trucks off site where discharge is controlled and not permitted to discharge to the storm drain system.

For on-site washout:
i. Locate washout area at least 50 feet from storm drains, open ditches or other water bodies, preferably in a dirt area. Prevent runoff from this area by constructing a temporary pit or bermed area large enough to store the liquid and solid waste.
ii. Wash out concrete wastes into the temporary pit where the concrete can set, be broken up and then disposed of properly. If the water volume greater than what will allow concrete to set, allow the wash water to infiltrate and/or evaporate, if possible. Otherwise, allow wash water to settle, then filter and pump it to the sanitary sewer with approval from VSFCD and the Engineer. Remove or vacuum the remaining silt and debris from the ponding or bermed area and dispose of it properly. d. Dispose of wastewater from exposed aggregate washing to a dirt area adequate to contain all the wastewater. Once the wastewater has infiltrated, remove any remaining residue. If a suitable dirt area is not available, filter the wash water through straw bales or other filtering materials meeting ABAG Standards for Erosion and Sediment Control Measures before discharging the wash water to the sanitary sewer with approval from VSFCD and the Engineer. e. Collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in a trash container.
7-1.01G(10) GRADING AND EXCAVATION OPERATIONS
CITY OF VALLEJO 53 Tuolumne, Georgia & Catalina TRMSS
The Contractor shall implement sedimentation and erosion control measures to prevent sediments or excavated material from entering the storm drain system.

The erosion and sedimentation control materials and methods shall be in accordance with ABAG Standards for Erosion and Sediment Control Measures and/or the procedures and methods described in the SFRWQCB Erosion and Sediment Control Field Manual.

At a minimum, the Contractor shall install filter materials (such as sandbags, filter fabric, etc.) at storm drain inlet(s) located in and downstream of the project site. These materials must be in place between October 15 and April 15 and also when rain is forecast within 24 hours. The Contractor shall install filter materials or seal all surface inlet openings during the dry season or if there is potential for sediment or excavated material to be discharged to the storm drain system during the construction operation (e.g. sediments and debris tracked by construction vehicles, wind-blown or transported by other runoff). The storm drain inlets shall be sealed such that they can be opened in an emergency and unblocked at the end of each working day, so that no property is damaged as a result of accidents or overflows.

Sedimentation and erosion control/filter materials shall be placed in a manner to restrain any debris or sediment from flowing into the storm drain system. Said materials or control devices shall also be maintained and/or replaced as necessary to ensure effective sediment control and to prevent flooding. 7-1.01G(11) SPILL PREVENTION AND CONTROL
The Contractor shall take all precautions to prevent accidental spills during construction. However, in the event of a spill, the Contractor shall immediately contain any leaks/spills to prevent them from entering the storm drain system. The Contractor shall properly clean up and dispose of spilled wastes and resulting clean-up materials. If the spilled waste is hazardous, the Contractor shall comply with all federal, state and local hazardous waste requirements.
a. The Contractor shall not wash any spilled material into the streets, gutters, storm drains, or creeks. b. The Contractor shall report any hazardous materials spill immediately to the Vallejo Fire Department, the Solano County Department of Resource Management Environmental Services Division Hazardous Materials Section and other state and local agencies as required by state and local regulations. 7-1.01G(12) VEHICLE/EQUIPMENT CLEANING
The use of soaps, solvents, de-greasers, steam cleaning equipment or equivalent methods for vehicle or equipment cleaning on-site or in the street is not permitted. Vehicle or equipment may be cleaned only with water in a designated, bermed area of adequate size. Rinse water may not runoff site or into the storm drain system. The rinse-water shall be permitted to infiltrate in dirt area or shall be discharged to the sanitary sewer with the approval of VFWD and the Engineer.

The Contractor shall dispose of wash water from the cleaning of water-based paint equipment and tools to the sanitary sewer.

When using oil-based paint the Contractor shall, to the maximum extent practicable, filter the paint thinner and solvents for reuse. Any waste thinner, solvent, and sludge from the cleaning of equipment and tools shall be disposed as hazardous waste.
7-1.01G(13) CONTRACTOR TRAINING AND AWARENESS
CITY OF VALLEJO 54 Tuolumne, Georgia & Catalina TRMSS
The Contractor shall train all employees on the water pollution prevention requirements contained in these specifications. The Contractor shall inform all subcontractors of the water pollution prevention contract requirements and include appropriate subcontract provisions to ensure that these requirements are met.

The Contractor shall mark all new catch basins constructed as part of the project with storm drain markers with the logo "No Dumping: Drains to the Bay". Storm drain markers shall be approved by the City Engineer. 7-1.01G(14) GOOD HOUSEKEEPING PRACTICES
The Contractor shall implement the following applicable good housekeeping practices. a. Store all materials that have the potential to be transported to the storm drain system by storm runoff or by a spill under cover in a contained area or in sealed waterproof containers. b. Use ground tarps to collect fallen debris or splatters that could contribute to storm water pollution. c. Secure opened bags of cement, and other light materials or powders that can be transported by wind. d. Pick up litter, construction debris and other wastes daily from outside areas including the sidewalk area, gutter, street pavement and storm drains impacted by the project. Store all wastes in covered containers or dispose of immediately. Arrange for appropriate collection of those materials separated for recycling.
e. Dispose of wash water to the sanitary sewer with the approval of VSFCD and the Engineer or recycle wash water. Refer to 7-1.01G(9) Concrete Operations.
f. Inspect vehicles and equipment arriving on-site for leaking fluids and promptly repair leaking vehicles and equipment. Use drip pans to catch leaks until repairs are made. g. Avoid spills by handling materials carefully. Keep a stockpile of spill materials, such as rags or absorbents, readily accessible on-site. Clean up all spills immediately to prevent any material from being discharged to the storm drain system. Refer to 7-1.01G(11) Spill Prevention and Control. h. Train employees regularly on good housekeeping practices and BMPs. Assign specific employees responsibility for BMPs, good housekeeping practices, and actions to take in the event of a spill. Refer to 7-1.01G(13) Contractor Training and Awareness.
i. Maintain and replace all sediment and water pollution control devices as necessary to ensure that said controls are working effectively (e.g. inspect all sediment ponds or sandbag sedimentation/filtering systems after each rain. Remove accumulated sediment and debris and replace or repair damaged sandbags immediately.)
7-1.01G(15) PAYMENT
Unless otherwise specified in the Specifications, payment for implementation and maintenance of BMPs, implementing SWPPP measures and other work of this section (including dewatering) shall be deemed included in the price paid for associated contract bid items, and no additional payment shall be made therefor. 7-1.01G(16) ENFORCEMENT
Various sections of the Vallejo Municipal Code12.41 enforce section 7.101G. City enforcement may include, CITY OF VALLEJO 55 Tuolumne, Georgia & Catalina TRMSS
but is not limited to: citations, abatement orders, bills for City cleanup costs and administration, civil suits, and criminal charges. City enforcement actions do not void or suspend any enforcement actions by other agencies.

At a minimum, the Contractor shall implement the storm water Clean Water Program BMPs listed in 7-1.01G(1) General, or implement equally effective alternatives approved by the Engineer on all projects within the City of Vallejo.
7-1.01H USE OF PESTICIDES
The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations, City of Vallejo Standard Specifications and all other agencies which govern the use of pesticides required in the performance of the work on the Contract.

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

Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, rodents, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide. 7-1.01I SOUND CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the Contract.

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

The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 7:00 a.m. shall not exceed 50 dBA and between the hours of 7:00 a.m. and 9:00 p.m. shall not exceed 80 dBA at a distance of 50 feet.

Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
7-1.01J ASSIGNMENT OF ANTITRUST ACTIONS
The Contractor's attention is directed to the following requirements in Public Contract Code 7103.5 and Government Code Sections 4553 and 4554, which shall be applicable to the Contractor and the Contractor's 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 the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of CITY OF VALLEJO 56 Tuolumne, Georgia & Catalina TRMSS
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." 7-1.02 LOAD LIMITATIONS
Unless expressly permitted in the special provisions, construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limitations set forth in Division 15 of the Vehicle Code, shall not be operated over completed or existing treated bases, surfacing, pavement or structures in any areas within the limits of the project, whether or not the area is subject to weight limitations under Section 7-1.01D, "Vehicle Code," except as hereinafter provided in this Section 7-1.02. 7-1.03 PAYMENT OF TAXES
The Contract prices paid for the work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City of Vallejo, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. 7-1.04 PERMITS AND LICENSES
The City will waive all required City of Vallejo permit fees for this project.

The Contractor and all subcontractors shall obtain and keep current for the duration of the project a City of Vallejo business license.

The Contractor shall give all notices required by and comply with all laws, codes, ordinances and regulations.

Before installing any work, the Contractor shall carefully examine the Contract Documents for compliance with all laws, codes, ordinances and regulations and shall immediately report any discrepancy to the Engineer.

Should the Contractor proceed with the construction and/or install any utility variance, notwithstanding the fact that such installation is in compliance with the Contract Documents, or should the Contractor install any work not in compliance with all laws, codes, ordinances and regulations, the Contractor shall remove such work without cost to the City of Vallejo.

The Contractor shall commit no trespass on any public or private property in any operation due to or connected with the improvements embraced in this contract.

The Environmental Quality Act (Public Resources Code, Sections 21000 to 21176, inclusive) may be CITY OF VALLEJO 57 Tuolumne, Georgia & Catalina TRMSS
applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provisions of those statutes in obtaining the permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.

In the event that the City of Vallejo has obtained permits, licenses or other authorizations, applicable to the work, in conformance with the requirements in the Environmental Quality Act or any other authority, the Contractor shall comply with the provisions of those permits, licenses and other authorizations. 7-1.05 PATENTS
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes used on or incorporated in the work, and agrees to indemnify and save harmless the City of Vallejo, the Director, the Engineer, and their duly authorized representatives, from all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, devices or processes. 7-1.06 SAFETY AND HEALTH PROVISIONS
The Contractor shall conform to all applicable occupational safety and health standards, rules, regulations and orders established by the State of California.

Working areas utilized by the Contractor to perform work during the hours of darkness, shall be lighted to conform to the minimum illumination intensities established by California Division of Occupational Safety and Health Construction Safety Orders.

All lighting fixtures shall be mounted and directed in a manner precluding glare to approaching traffic.

Full compensation for conforming to the provisions in this section shall be considered as included in the Contract prices paid for the various items of work involved and no separate payment will be made therefor. 7-1.07 (BLANK)
7-1.08 PUBLIC CONVENIENCE
This Section 7-1.08 defines the Contractor's responsibility with regard to convenience of the public and public traffic in connection with the Contractor's operations.

Attention is directed to Section 7-1.09, "Public Safety," for provisions relating to the Contractor's responsibility for the safety of the public. The provisions in Section 7-1.09 are in addition to the provisions in this Section 7-

1.08, and the Contractor will not be relieved of the responsibilities as set forth in Section 7-1.09 by reason of conformance with any of the provisions in this Section 7-1.08.

Attention is directed to Section 12, "Construction Area Traffic Control Devices," for provisions concerning flagging and traffic-handling equipment and devices used in carrying out the provisions in this Section 7-1.08 and Section 7-1.09.

In the event of a suspension of the work, attention is directed to Section 8-1.05, "Temporary Suspension of Work."
The Contractor shall so conduct operations as to offer the least possible obstruction and inconvenience to the CITY OF VALLEJO 58 Tuolumne, Georgia & Catalina TRMSS
public and shall have under construction no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public.

Unless otherwise provided in the special provisions, all public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Where possible, public traffic shall be routed on new or existing paved surfaces.

Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at the Contractor's expense.

Existing traffic signals and highway lighting shall be kept in operation for the benefit of the traveling public during progress of the work, and other forces will continue routine maintenance of existing systems.

Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.

Convenient access to driveways, houses, and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition.

When the abutting property owner's access across the right of way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.

The Contractor may be required to cover certain signs which regulate or direct public traffic to roadways that are not open to traffic. The Engineer will determine which signs shall be covered. Except as otherwise provided for construction area signs in Section 12, "Construction Area Traffic Control Devices," furnishing, installing and removing covers will be paid for as extra work as provided in Section 4-1.03D.

Roadway excavation and the construction of embankments shall be conducted in such a manner as to provide a reasonably smooth and even surface satisfactory for use by public traffic at all times; sufficient fill at culverts and bridges to permit traffic to cross shall be placed in advance of other grading operations; and if ordered by the Engineer roadway cuts shall be excavated in lifts and embankments constructed part width at a time, construction being alternated from one side to the other and traffic routed over the side opposite the one under construction. Culvert installation or culvert construction shall be conducted on but one-half the width of the traveled way at a time, and that portion of the traveled way being used by public traffic shall be kept open and unobstructed until the opposite side of the traveled way is ready for use by traffic.

Upon completion of rough grading at the grading plane, or placing any subsequent layer thereon, the surface of the roadbed shall be brought to a smooth, even condition free of humps and depressions, satisfactory for the use of public traffic.

After the surface of the roadbed has been brought to a smooth and even condition for the passage of public traffic as above provided, any work ordered by the Engineer for the accommodation of public traffic prior to commencing subgrade operations will be paid for as extra work as provided in Section 4-1.03D. After subgrade preparation for a specified layer of material has been completed, the Contractor shall, at the Contractor's expense, repair any damage to the roadbed or completed subgrade, including damage caused by the Contractor's operations or use by public traffic.

While subgrade and paving operations are underway, public traffic shall be permitted to use the shoulders and, if half-width paving methods are used, shall also be permitted to use the side of the roadbed opposite the one under construction. When sufficient width is available, a passageway wide enough to accommodate at least 2 lanes of traffic shall be kept open at locations where subgrade and paving operations are in active progress.

Any shaping of shoulders or reshaping of subgrade necessary for the accommodation of public traffic thereon during subgrade preparation and paving operations will be paid for as extra work as provided in Section 4-1.03D.

Water or dust palliative shall be applied if ordered by the Engineer for the alleviation or prevention of dust nuisance as provided in Section 10, "Dust Control."
CITY OF VALLEJO 59 Tuolumne, Georgia & Catalina TRMSS
The Contractor will be required to pay the cost of replacing or repairing all facilities installed under extra work for the convenience or direction or warning of public traffic that are lost while in the Contractor's custody, or are damaged by reason of the Contractor's operations to such an extent as to require replacement or repair, and deductions from any moneys due or to become due the Contractor will be made to cover the cost.

Whenever a section of surfacing, pavement or the deck of a structure has been completed, the Contractor shall open it to use by public traffic if the Engineer so orders or may open it to use by public traffic if the Engineer so consents. In either case the Contractor will not be allowed any compensation due to any delay, hindrance or inconvenience to the Contractor's operations caused by public traffic, but will thereupon be relieved of responsibility for damage to completed permanent facilities caused by public traffic, within the limits of that use. The Contractor will not be relieved of any other responsibility under the Contract nor will the Contractor be relieved of cleanup and finishing operations.

Except as otherwise provided in this Section 7-1.08 or in the special provisions, full compensation for conforming to the provisions in this Section 7-1.08 shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.

Contractor shall furnish, install and maintain all traffic warning and directional signs necessary to maintain the facility in a passable condition at all times. Temporary traffic control shall meet the requirements of the latest State of California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. The contractor shall submit a Temporary traffic control Plan for review and acceptance by the Engineer at the pre-construction meeting.

The Contractor shall designate in writing the name, address and telephone number of the employee and the superintendent to contact after working hours for the proper maintenance of barriers and signs.

Barricades of the flashing beacon variety shall be placed at each excavation site and left until the Engineer deems there is no longer a hazard.

Full compensation for furnishing all flag persons necessary for the direction of public traffic either through or around the work shall be considered as included in the various contract items of work, and no additional compensation will be allowed therefor.
7-1.09 PUBLIC SAFETY
It is the Contractor's responsibility to provide for the safety of traffic and the public during construction.

Attention is directed to Section 7-1.12, "Indemnification and Insurance." Attention is directed to Section 7-1.08, "Public Convenience," for provisions relating to the Contractor's responsibility for providing for the convenience of the public in connection with the Contractor's operations.

Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall, at the Contractor's expense and without cost to the City of Vallejo, furnish, erect and maintain those fences, temporary railing (Type K), barricades, lights, signs and other devices and take such other protective measures that are necessary to prevent accidents or damage or injury to the public.

Fences, temporary railing (Type K), barricades, lights, signs, and other devices furnished, erected and maintained by the Contractor, at the Contractor's expense, are in addition to any construction area traffic control devices for which payment is provided for elsewhere in the Contract Documents.

CITY OF VALLEJO 60 Tuolumne, Georgia & Catalina TRMSS
The Contractor shall also furnish such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered, and payment therefor will be made as provided in Section 12-2.02, "Flagging Costs."
Signs, lights, flags, and other warning and safety devices and their use shall conform to the requirements set forth in the current California Manual on Uniform Traffic Controls. Devices or other protective devices furnished and erected by the Contractor, at the Contractor's expense, as above provided, shall not obscure the visibility of, nor conflict in intent, meaning and function of either existing signs, lights and temporary traffic control devices or any construction area signs and temporary traffic control devices for which furnishing of, or payment for, is provided elsewhere in the Specifications. Signs furnished and erected by the Contractor, at the Contractor's expense, shall be approved by the Engineer as to size, wording and location.

The installation of general roadway illumination shall not relieve the Contractor of the responsibility for furnishing and maintaining any of the protective facilities herein before specified.

Construction equipment shall enter and leave the highway via existing ramps and crossovers and shall move in the direction of public traffic. All movements of workmen and construction equipment on or across lanes open to public traffic shall be performed in a manner that will not endanger public traffic.

The Contractor's trucks or other mobile equipment which leave a freeway lane, that is open to public traffic, to enter the construction area, shall slow down gradually in advance of the location of the turnoff to give following public traffic an opportunity to slow down.

When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

Lanes, ramps and shoulders shall be closed in accordance with the details shown on the drawings, the provisions of Section 12, "Construction Area Traffic Control Devices," and as provided in the special provisions.

The Contractor shall notify the Engineer not less than 15 days before the anticipated start of each falsework and girder erection operation whenever the falsework or girders will reduce clearances available to public traffic.

Pedestrian openings through falsework shall be paved or provided with full width continuous wood walks and shall be kept clear. Pedestrians shall be protected from falling objects and curing water for concrete. Overhead protection for pedestrians shall extend not less than 1.2 m {4 feet} beyond the edge of the bridge deck. All pedestrian openings through falsework shall be illuminated in conformance with the provisions in Section 86-6.11, "Falsework Lighting."
Where the height of vehicular openings through falsework is less than 4.6 m {15 feet}, a W34B "Vertical Clearance" sign shall be provided above each opening facing approaching traffic. The signs shall have black letters and numbers on an orange reflectorized background and shall be illuminated so that the signs are clearly visible. The minimum height of the letters and numbers shall be 150 mm {6 inches} and 250 mm {10 inches}, respectively.

No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic, and at the end of each day's work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic.

Temporary facilities which the Contractor uses to perform the work shall not be installed or placed where they will interfere with the free and safe passage of public traffic.

Temporary facilities which could be a hazard to public safety if improperly designed shall comply with design requirements specified in the Contract for those facilities or, if none are specified, with standard design criteria or codes appropriate for the facility involved. Working drawings and design calculations for the temporary CITY OF VALLEJO 61 Tuolumne, Georgia & Catalina TRMSS
facilities shall be prepared and signed by an engineer who is registered as a Civil Engineer in the State of California and shall be submitted to the Engineer for review pursuant to Section 5-1.02, "Plans and Working Drawings." The submittals shall designate thereon the standard design criteria or codes used. Installation of the temporary facilities shall not start until the Engineer has reviewed and accepted the drawings.

Should the Contractor appear to be neglectful or negligent in furnishing warning devices and taking protective measures as above provided, the Engineer may direct attention to the existence of a hazard and the necessary warning devices shall be furnished and installed and protective measures taken by the Contractor at the Contractor's expense. Should the Engineer point out the inadequacy of warning devices and protective measures, that action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate the obligation to furnish and pay for these devices and measures.

Provision for the payment for signs, lights, flares, temporary railing (Type K), barricades, and other facilities by extra work as provided in Section 7-1.08, "Public Convenience," or by Contract item as provided in Section 12, "Construction Area Traffic Control Devices," shall in nowise relieve the Contractor from the responsibility as provided in this Section 7-1.09.

Except as otherwise provided in this Section 7-1.09 or in the special provisions, full compensation for conforming to all of the provisions in this Section 7-1.09 shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.

The Contractor shall note that the work may be performed on or in the vicinity of private property. The Contractor shall, at all times, remove all litter, debris, and construction waste, minimize noise, dust, standing water, vibrations, hazardous conditions and provide safe access to these properties. The Contractor is prohibited from using any and all privately owned utilities. The Contractor's materials and equipment shall not be stored upon private property without written approval from the resident and/or owner.

Construction on private property during overtime, weekend, holiday or any other irregular period shall be performed only when the Contractor has requested and received written approval from the adjacent residents and the City Engineer.

No separate payment shall be made for the above considerations. Full compensation for the above construction restrictions shall be considered as included in the price paid for the various items of work involved. 7-1.10 USE OF EXPLOSIVES
Explosives shall not be used unless explicitly required in the Contract Documents.

When explosives are used, the Contractor shall exercise the utmost care not to endanger life or property.

In advance of doing any blasting work within 60 m {200 feet} of any railroad's tracks or structures, the Contractor shall notify the railroad of the location, date, time and approximate duration of the blasting operations.
7-1.11 PRESERVATION OF PROPERTY
Attention is directed to Section 7-1.12, "Indemnification and Insurance," and to Section 8-1.10, "Utility and Non-Highway Facilities." Due care shall be exercised to avoid injury to existing highway improvements or facilities, utility facilities, adjacent property, and roadside trees, shrubs and other plants that are not to be removed.

Roadside trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and water lines, CITY OF VALLEJO 62 Tuolumne, Georgia & Catalina TRMSS
all highway facilities and any other improvements or facilities within or adjacent to the highway shall be protected from injury or damage, and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards, accepted by the Engineer, to protect the objects from injury or damage. If the objects are injured or damaged by reason of the Contractor's operations, the objects shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications accompanying the Contract, if any of the objects are a part of the work being performed under the Contract. The Engineer may make or cause to be made those temporary repairs that are necessary to restore to service any damaged highway facility. The cost of the repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due to the Contractor under the Contract.

The fact that any underground facility is not shown upon the drawings shall not relieve the Contractor of the responsibility under Section 8-1.10, "Utility and Non-Highway Facilities." It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of those underground improvements or facilities which may be subject to damage by reason of the Contractor's operations.

Any damage to private property caused by the Contractor and adjudged to be the responsibility of the Contractor by the Engineer shall be rectified to the satisfaction of the Engineer within a reasonable time, depending upon the extent of the damage. Said reasonable time shall be as determined by the Engineer, and if the condition is not rectified, the Engineer shall have the power and authority to rectify said damage and the cost thereof to be paid for by the Contractor, either by direct payment to the City of Vallejo, or by deducting said amount from moneys due the Contractor.

Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in protecting or repairing property as specified in this Section 7-1.11, shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
7-1.12 INDEMNIFICATION AND INSURANCE
The Contractor's obligations regarding indemnification of the City of Vallejo and the requirements for insurance shall conform to the provisions in Sections 7-1.12A, "Indemnification," and 7-1.12B, "Insurance," of this Section 7-1.12.
7-1.12A INDEMNIFICATION
Contractor shall, to the maximum extend allowed by law, defend, indemnify, and save harmless City of Vallejo (including its inspectors, project managers, trustees, officers, agents, members, employees, affiliates, consultants, subconsultants, and representatives), 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 nature whatsoever arising out of, or in connection with, Contractor's operations to be performed under this Contract, 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, Contractor, any employees or agents of Contractor, City of Vallejo, or any subcontractor, or damage to property of anyone including the work itself (including loss of use thereof), caused or alleged to be caused in whole or in part by any negligent act or omission of Contractor, its agents, employees, subcontractors or material suppliers, City of Vallejo, 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, its agents, employees, subcontractors or material suppliers;
CITY OF VALLEJO 63 Tuolumne, Georgia & Catalina TRMSS
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. Contractor's failure to fulfill any of the covenants set forth in these Contract Documents; F. Failure of Contractor to comply with the provisions of the Contract Documents relating to insurance; and,
G. 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 indemnities set forth in this section shall not be limited by the insurance requirements set forth in these Contract Documents.

Contractor's indemnification of City of Vallejo will not include indemnification for claims which arise as the result of the active negligence of City of Vallejo, or the sole negligence or willful misconduct of City, its agents, servants or independent contractors who are directly responsible to City, or for defects in design furnished by such persons.
7-1.12B INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2.Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

3.Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4.Builder’s Risk (or Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Such coverage shall name the City of Vallejo as a loss payee as their interest may appear. Property Installation Floater coverage is also acceptable in lieu of Builder Risk policy. The Property Installation Floater shall CITY OF VALLEJO 64 Tuolumne, Georgia & Catalina TRMSS
provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Vallejo’s site.

5.Professional Liability (or Errors and Omission) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

6.Contractors’ Pollution Legal Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Vallejo requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Vallejo.

SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City of Vallejo. The City of Vallejo may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Vallejo.

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1.The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2.For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City of Vallejo, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Vallejo.

4.The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured. Contractor agrees to endorse the City of Vallejo as an Additional Insured on the Umbrella or Excess policy, unless the Certificate of Insurance states the Umbrella or Excess policy provides coverage on a “Follow Form” basis.

5.The City of Vallejo reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

CLAIMS MADE POLICIES
If any coverage required is written on a claims-made coverage form:

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1.The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2.Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3.If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4.A copy of the claims reporting requirements must be submitted to the City of Vallejo for review.

5.If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers authorized to conduct business in the state with a current Best rating of no less than A: VII, unless otherwise acceptable to the City of Vallejo.

WAIVER OF SUBROGATION
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Vallejo for all work performed by the Contractor, its employees, agents and subcontractors.

VERIFICATION OF COVERAGE
Contractor shall furnish the City of Vallejo with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City of Vallejo before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Vallejo reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification of coverage and other insurance documents shall be mailed to the following address:

City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590

SUBCONTRACTORS
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Vallejo is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

PAYMENT WITHHOLD
City of Vallejo will withhold payments to Contractor if the certificates of insurance and endorsements required in this exhibit are canceled or Contractor otherwise ceases to be insured as required herein.

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7-1.12B(4) ENFORCEMENT
The City of Vallejo may take any steps as are necessary to assure Contractor's compliance with its obligations.

Should any insurance policy lapse or be canceled during the Contract period the Contractor shall, within thirty (30) days prior to the effective expiration or cancellation date, furnish the City of Vallejo with evidence of renewal or replacement of the policy. Failure to continuously maintain insurance coverage as herein provided is a material breach of Contract. In the event the Contractor fails to maintain any insurance coverage required, the City of Vallejo may, but is not required to, maintain this coverage and charge the expense to the Contractor or terminate Contractor’s control over the work. The required insurance shall be subject to the review and acceptance of City of Vallejo, but any acceptance of insurance certificates by the City of Vallejo shall in no way limit or relieve the Contractor of the Contractor's duties and responsibilities under the Contract to indemnify, defend and hold harmless the City of Vallejo, its officers, agents, and employees. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City of Vallejo from taking other actions as is available to it under any other provision of the Contract or law. Failure of the City of Vallejo to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at a later date. 7-1.12B(5) SELF-INSURANCE
Self-insurance programs and self-insured retentions in insurance policies are subject to separate annual review and acceptance by the City of Vallejo of evidence of the Contractor's financial capacity to respond. Additionally, self-insurance programs or retentions must provide the City of Vallejo with at least the same protection from liability and defense of suits as would be afforded by first-dollar insurance. 7-1.12B(6) MISCELLANEOUS
Nothing contained in the Contract is intended to make the public or any member thereof a third party beneficiary of the Insurance or Indemnity provisions of these Standard Specifications, nor is any term, condition or other provision of the Contract intended to establish a standard of care owed to the public or any member thereof.
7-1.125 LEGAL ACTIONS AGAINST THE CITY OF VALLEJO
In the event litigation is brought against the City of Vallejo concerning compliance by the City of Vallejo with State or Federal laws, rules or regulations applicable to public works construction, the provisions of this Section 7-1.125 shall apply.

A. If, pursuant to court order, the City of Vallejo prohibits the Contractor from performing all or any portion of the work, the delay will be considered a right of way delay within the meaning of Section 8-1.09, "Right of Way Delays," unless the Contract is terminated as hereinafter provided.

B. If, pursuant to court order (other than an order to show cause) the City of Vallejo is prohibited from requiring the Contractor to perform all or any portion of the work, the City of Vallejo may, if it so elects, eliminate the enjoined work pursuant to Section 4-1.03, "Changes," or terminate the Contract.

C. If the final judgment in the action prohibits the City of Vallejo from requiring the Contractor to perform all or any portion of the work, the City of Vallejo will either eliminate the enjoined work pursuant to Section 4-1.03, "Changes," or terminate the Contract.

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D. If the Contract is to be terminated, the termination and the determination of the total compensation payable to the Contractor shall be governed by the provisions in Section 8-1.11, "Termination of Contract."
7-1.13 DISPOSAL OF MATERIAL OUTSIDE THE PUBLIC RIGHT OF WAY If the Contractor elects to dispose of materials at locations other than those where arrangements have been made by the City of Vallejo, or, if material is to be disposed of and the City of Vallejo has not made arrangements for disposal of the material, the Contractor shall make arrangements for disposing of the materials outside the public right of way and shall pay all costs involved. Arrangements shall include, but not be limited to, entering into agreements with property owners and obtaining necessary permits, licenses and environmental clearances. Before disposing of any material outside the public right of way, the Contractor shall furnish to the Engineer satisfactory evidence that the Contractor has entered into agreements with the property owners of the site(s) involved and has obtained the appropriate permits, licenses and clearances.

When any material is to be disposed of outside the public right of way, and the City of Vallejo has not made arrangements for disposal of the material, the Contractor shall first obtain written authorization from the property owner on whose property the disposal is to be made and the Contractor shall file with the Engineer the authorization or a certified copy thereof together with a written release from the property owner absolving the City of Vallejo from any and all responsibility in connection with the disposal of material on the property.

Before any material is disposed of on the property, the Contractor shall obtain written permission from the Engineer to dispose of the material at the location designated in the authorization.

When material is disposed of as above provided and the disposal location is visible from public view, the Contractor shall dispose of the material in a neat and uniform manner to the satisfaction of the Engineer.

Where the City of Vallejo has made arrangements with owners of land in the vicinity of a project for the disposal of materials on an owner's property, the arrangements are made solely for the purpose of providing all Bidders an equal opportunity to dispose of the materials on the property. Bidders or Contractors may, upon written request, inspect the documents evidencing the arrangements between property owners and the City of Vallejo.

The Contractor may, if the Contractor so elects, exercise any rights that have been obtained, which may be exercised by a Contractor under the arrangements, subject to and upon the conditions hereinafter set forth.

Such arrangements are not a part of the Contract and it is expressly understood and agreed that the City of Vallejo assumes no responsibility to the Bidder or Contractor whatsoever in respect to the arrangements made with the property owner to dispose of materials thereon and that the Contractor shall assume all risks in connection with the use of the property, the terms upon which the use shall be made, and there is no warranty or guaranty, either express or implied, as to the quantity or types of materials that can be disposed of on the property, or that any material can be disposed of on the property.

In those instances in which the City of Vallejo has compiled "Materials Information" as referred to in Section 2-1.03, "Examination of Plans, Specifications, Contract, and Site of Work," the compilation will include the documents setting forth the arrangement made with some of the property owners for the disposal of material on those owners' properties. The inclusion of the documents therein shall not in any respect operate as a waiver of any of the provisions in this Section 7-1.13 concerning the documents.

The Bidder or Contractor shall make such independent investigation and examination as the Bidder or Contractor deems necessary to be satisfied as to the quantity and types of materials which may be disposed of on the property (if any) and the rights, duties and obligations acquired or undertaken under the arrangement with the property owner.

Notwithstanding that the Contractor may elect to dispose of materials on any such property owner's property, no material may be disposed of on that property unless the Contractor has first either:

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A. Executed a document that will guarantee to hold the owner harmless from all claims for injury to persons or damage to property resulting from the Contractor's operations on the property owner's premises and also agree to conform to all other provisions set forth in the arrangement made between the City of Vallejo and the property owner, or
B. Entered into an agreement with the owner of the disposal site on any terms mutually agreeable to the owner and the Contractor; provided that the Contractor shall furnish to the Engineer a release, in a form satisfactory to the Engineer, executed by the owner, relieving the City of Vallejo of any and all obligations under the City of Vallejo's arrangement with the owner.

If the Contractor elects to dispose of material under (1), the use of the site shall be subject to the terms, conditions and limitations of the arrangement made between the property owner and the City of Vallejo and the Contractor shall pay those charges that are provided for in the arrangement made by the City of Vallejo with the property owner, and deductions will be made from any moneys due or that may become due the Contractor under the Contract sufficient to cover the charges for the material disposed of.

If the Contractor elects to dispose of material under (2), the Contractor shall pay those charges that are provided for in the agreement between the owner and the Contractor and deductions will not be made from any moneys due or that may become due the Contractor under the Contract to cover the charges.

Before acceptance of the Contract, the Engineer may require the Contractor to submit written evidence that the owner of the disposal site is satisfied that the Contractor has satisfactorily complied with the provisions of either - (1), the arrangement between the City of Vallejo and the owner, or (2), the agreement between the owner and the Contractor, as the case may be.

Full compensation for all costs involved in disposing of materials as specified in this Section 7-1.13, including all costs of hauling, shall be considered as included in the price paid for the Contract item of work involving the materials and no additional compensation will be allowed therefor. 7-1.14 COOPERATION
Should construction be under way by other forces or by other Contractors within or adjacent to the limits of the work specified or should work of any other nature be under way by other forces within or adjacent to those limits, the Contractor shall cooperate with all the other Contractors or other forces to the end that any delay or hindrance to their work will be avoided. The City reserves the right to perform, or to have performed, other or additional work at or near the site (including material sources) at any time, by the use of other forces, without changing the character of the work.

When 2 or more Contractors are employed on related or adjacent work, or obtain materials from the same material source, as provided in Section 6-2.02, "Possible Local Material Sources," or Section 6-2.03, "Mandatory Local Material Sources," each shall conduct their operations in such a manner as not to cause any unnecessary delay or hindrance to the other.

Each Contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by their operations, and for loss caused the other due to unnecessary delays or failure to finish the work within the time specified for completion.
7-1.15 RELIEF FROM MAINTENANCE AND RESPONSIBILITY
Upon request of the Contractor, the Director, or the Director’s designated representative, may relieve the Contractor of the duty of maintaining and protecting certain portions of the work as described below, which CITY OF VALLEJO 69 Tuolumne, Georgia & Catalina TRMSS
have been completed in all respects in accordance with the requirements of the Contract and to the satisfaction of the Engineer, and thereafter except with the Contractor's consent, the Contractor will not be required to do further work thereon. In addition, the action by the Director will relieve the Contractor of responsibility for injury or damage to those completed portions of the work resulting from use by public traffic or from the action of the elements or from any other cause but not from injury or damage resulting from the Contractor's own operations or from the Contractor's negligence.

However, nothing in this Section 7-1.15 providing for relief from maintenance and responsibility will be construed as relieving the Contractor of full responsibility for making good any defective work or materials found at any time before the formal written acceptance of the entire Contract by the Director. Furthermore, nothing in this section shall obligate the Director to relieve the Contractor for responsibility for any portion of the work and the Director may refuse to relieve the Contractor from responsibility for any reason, at the Director’s (or his delegee’s) sole discretion.
7-1.16 CONTRACTOR'S RESPONSIBILITY FOR THE WORK AND MATERIALS The Contractor shall be completely responsible for the care and condition of the project improvements in their entirety until completion of the maintenance period and acceptance by the City. The Contractor shall provide all watchmen, guards, and security devices, as he/she deems necessary.

Until the acceptance of the Contract, the Contractor shall have the charge and care of the work and of the materials to be used therein (including materials for which the Contractor has received partial payment as provided in Section 9-1.06, "Partial Payments," or materials which have been furnished by the City of Vallejo) and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work, except as provided in Sections 7-1.08, "Public Convenience," and 7-1.15, "Relief From Maintenance and Responsibility." The Contractor shall rebuild, repair, restore, and make good all injuries, losses or damages to any portion of the work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except as otherwise expressly provided in Section 7-1.165, "Damage by Storm, Flood, Tsunami or Earthquake," and in Section 19-2.04, "Slides and Slipouts," and except for those injuries, losses, or damages that are directly and proximately caused by acts of the Federal Government or the public enemy.

Where necessary to protect the work or materials from damage, the Contractor shall, at the Contractor's expense, provide suitable drainage of the roadway and erect those temporary structures that are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of the responsibility for the work and materials as herein specified. If ordered by the Engineer, the Contractor shall, at the Contractor's expense, properly store materials which have been partially paid for by the City of Vallejo or which have been furnished by the City of Vallejo. Storage by the Contractor shall be on behalf of the City of Vallejo and the City of Vallejo shall at all times be entitled to the possession of the materials, and the Contractor shall promptly return the materials to the site of the work when requested.

The Contractor shall not dispose of any of the materials so stored except on written authorization from the Engineer.
7-1.165 DAMAGE BY STORM, FLOOD, TSUNAMI OR EARTHQUAKE
Attention is directed to Section 7-1.16, "Contractor's Responsibility for the Work and Materials." In the event damage to the work is caused by a storm, flood, tsunami, earthquake or other natural disaster which constitutes an "Occurrence," as hereinafter defined, the provisions in this Section 7-1.165 shall be applicable, and the Contractor may apply in writing to the Engineer for the City of Vallejo to pay or participate in the cost of repairing damage to the work from that cause or, in lieu thereof, and at the sole discretion of the City of Vallejo, terminate the Contract and relieve the Contractor of further obligation to perform the work, subject to the following:

A. Occurrence - "Occurrence" shall include tsunamis, earthquakes in excess of a magnitude of 3.5 on the Richter Scale, and storms, floods and other natural disasters as to which the Governor has proclaimed a state of emergency when the damaged work is located within the territorial limits to which CITY OF VALLEJO 70 Tuolumne, Georgia & Catalina TRMSS
the proclamation is applicable or, which were, in the opinion of the Engineer, of a magnitude at the site of the work sufficient to have caused such a proclamation had they occurred in a populated area or in an area in which such a proclamation was not already in effect.

B. Application by Contractor - The Contractor's written request for the City of Vallejo to pay or to participate in the cost of rebuilding, repairing, restoring or otherwise remedying the damage to the work caused by the Occurrence shall be submitted to the Engineer before performing any work other than emergency work, including emergency work necessary to provide for passage of public traffic.

C. Protecting the Work from Damage - Nothing in this section shall be construed to relieve the Contractor of the responsibility to protect the work from damage. The Contractor shall bear the entire cost of repairing damage to the work caused by the Occurrence which the Engineer determines was due to the failure of the Contractor to comply with the requirements of the Contract Documents, take the best measures to protect the work or exercise the best engineering and construction practices in the conduct of the work, and those repair costs shall be excluded from consideration under the provisions of this section.

D. Repair Work - Repair of damaged work under the provisions of this section shall be pursuant to a Contract Change Order issued hereunder and specifying the repair work to be performed on the damaged facility. The repair work shall consist of restoring the in-place construction (for the purposes of this section erected falsework and formwork shall be considered in-place construction) to the same state of completion to which the work had advanced prior to the Occurrence. Emergency work which the Engineer determines would have been part of the repair work if it had not previously been performed, will be considered to be part of the repair work.

The City of Vallejo reserves the right to make changes in the drawings and Specifications applicable to the portions of the work to be repaired, and if those changes will increase the cost of repairing the damage over the Engineer's estimate of the cost of repair without the changes, the Contractor will be paid for the increased costs in accordance with Subsection E and the increased cost amount shall not be considered in determining the cost of repair to be borne by the Contractor under Subsection F.

Nothing in this section shall be construed to relieve the Contractor of full responsibility for the risk of injury, loss or damage to materials not yet incorporated in the work and to materials, tools and equipment (except erected falsework and formwork) used to perform the work, or to relieve the Contractor of responsibility under Section 7-1.12, "Indemnification and Insurance." The provisions of this section shall not be applicable to the repair of damage caused by an Occurrence to any portion of the work as to which the Contractor has been granted relief from maintenance and responsibility pursuant to Section 7-1.15, "Relief From Maintenance and Responsibility," or to the removal of slides and slipouts or the repair and restoration of damage to the work resulting from slides and slipouts pursuant to Section 19-2.04, "Slides and Slipouts." E. Determination of Costs - Unless otherwise agreed between the Engineer and the Contractor, the cost of the work performed pursuant to this Section 7-1.165 will be determined in conformance with the provisions in Section 9-1.03, "Force Account Payment," except there shall be no markup allowance pursuant to Section 9-1.03A, "Work Performed by Contractor," unless the Occurrence that caused the damage was a tsunami or earthquake. The cost of emergency work, which the Engineer determines would have been part of the repair work if it had not previously been performed, will be determined in the same manner as the authorized repair work. The cost of repairing damaged work which was not in compliance with the requirements of the drawings and Specifications shall be borne solely by the Contractor, and those costs shall not be considered in determining the cost of repair under this Subsection E.

F. Payment for Repair Work - BLANK
G. Termination of Contract - If the City of Vallejo elects to terminate the Contract, the termination and the determination of the total compensation payable to the Contractor shall be governed by the provisions of Section 8-1.11, "Termination of Contract."
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7-1.17 ACCEPTANCE OF CONTRACT
When the Engineer has made the final inspection as provided in Section 5-1.13, "Final Inspection," and determines that the Contract work has been completed in all respects in accordance with the Contract Documents, the Engineer will recommend that the Director formally accept the Work as complete. Upon satisfactory completion of the Work and following the written acceptance of the Work as such by the Director or the Director’s designated representative, the Engineer shall recommend the acceptance of the Contract to the City Council. Upon acceptance of the Contract as complete by the City Council, the said Council shall cause a Notice of Completion to be filed and recorded in the records of the Solano County Recorder's Office. 7-1.18 PROPERTY RIGHTS IN MATERIALS
Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or soil or after partial payment has been made as provided in Section 9-1.06, "Partial Payments," for material delivered on the ground or stored subject to or under the control of the City of Vallejo and unused. All the material shall become the property of the City of Vallejo upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City of Vallejo and unused, as provided in Section 9-1.06. 7-1.19 RIGHTS IN LAND AND IMPROVEMENTS
Nothing in these Contract Documents shall be construed as allowing the Contractor to make any arrangements with any person to permit occupancy or use of any land, structure, or building within the limits of the Contract for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City of Vallejo and any owner, former owner, or tenant of the land, structure, or building.

The Contractor shall not occupy City of Vallejo-owned property outside the right of way as shown on the drawings or maps, unless the Contractor enters into a rental agreement with the City of Vallejo. The agreement will be based on fair rental values.
7-1.20 PERSONAL LIABILITY
Neither the Director, the Engineer nor any other officer or authorized employee of the City of Vallejo, nor any officer or employee of any county, city or district shall be personally responsible for any liability arising under or by virtue of the Contract.
7-1.21 REPAIR OF EQUIPMENT
The work of installing, assembling, repairing or reconditioning, or other work of any nature on machinery, equipment or tools used in or upon the work shall be considered a part of the work to be performed under the Contract and any laborers, workers or mechanics working on the machinery, equipment or tools, unless employed by bona fide commercial repair shops, garages, blacksmith shops or machine shops, which have been established and operating on a commercial basis for a period of at least 2 months prior to the award of the Contract, shall be subject to all the requirements relating to labor set forth in these Contract Documents. 7-1.22 NOT USED
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END OF SECTION
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SECTION 8: PROSECUTION AND PROGRESS
8-1.01 SUBCONTRACTING
The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the work under the Contractor's control.

No subcontractor will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor and the Contractor will be held responsible for their work, which shall be subject to the provisions of the Contract Documents.

The Contractor shall perform, with the Contractor's own organization, Contract work amounting to not less than 50 percent of the original total Contract price, except that any designated "Specialty Items" may be performed by subcontract and the amount of any designated "Specialty Items" performed by subcontract may be deducted from the original total Contract price before computing the amount of work required to be performed by the Contractor with the Contractor's own organization. When items of work in the Engineer's Estimate are preceded by the letters (S) or (S-F), those items are designated as "Specialty Items." Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract item bid price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract item bid price, determined from information submitted by the Contractor, subject to acceptance by the Engineer.

Subcontracts shall include provisions that the Contract between the City of Vallejo and the Contractor is part of the subcontract, and that all terms and provisions of the Contract are incorporated in the subcontract. Subcontracts shall also contain certification by the subcontractor that the subcontractor is experienced in and qualified to do, and knowledgeable about, the subcontracted work. Copies of subcontracts shall be available to the Engineer upon written request, and shall be provided to the Engineer within three (3) days of the Engineer’s request.

Pursuant to the provisions of Section 6109 of the Public Contract Code, the Contractor shall not perform work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City of Vallejo, the subcontractor shall be removed immediately on the request of the Engineer and shall not again be employed on the work.

The roadside production of materials produced by other than the Contractor's forces shall be considered as subcontracted. Roadside production of materials shall be construed to be production of aggregates of all kinds with portable, semi portable or temporary crushing or screening, proportioning and mixing plants established or reopened for the purpose of supplying aggregate or material for a particular project or projects. The erection, establishment or reopening of the plants and the operation thereof in the production of materials for use on the work shall conform to the requirements relating to labor set forth in these Specifications and in the special provisions.

When any portion of the work which has been subcontracted by the Contractor is not being prosecuted in a satisfactory manner, the subcontract for such work shall be terminated immediately by the Contractor upon written notice from the Engineer, and the subcontractor shall not again be employed on the type of work in which his or her performance was unsatisfactory.

In no case shall the use of subcontractors in any way alter the position of the Contractor or Contractor's sureties with relation to this Contract. When a subcontractor is used, the responsibility for every portion of the work shall still remain with the Contractor.

The Contractor shall pay, when due, all valid claims of subcontractors, suppliers, and workmen with respect to the project.

The mention herein of any specific duty or responsibility imposed upon the Contractor shall not be construed as a limitation or restriction of any other responsibility or duty imposed upon the Contractor by the Contract, said reference CITY OF VALLEJO 74 Tuolumne, Georgia & Catalina TRMSS
being made herein merely for the purpose of explaining the specific duty or responsibility. 8-1.02 ASSIGNMENT
The performance of the Contract may not be assigned, except upon the written consent of the Director. Consent will not be given to any proposed assignment which would relieve the original Contractor or the Contractor's surety of their responsibilities under the Contract nor will the Director consent to any assignment of a part of the work under the Contract.

The Contractor may assign moneys due or to become due the Contractor under the Contract and the assignment will be recognized by the City of Vallejo, if given proper notice thereof, to the extent permitted by law, but any assignment of moneys shall be subject to all proper set-offs in favor of the City of Vallejo and to all deductions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject and subordinate to claims of the City of Vallejo.
8-1.03 BEGINNING OF WORK
The Contractor shall begin work within 10 calendar days after the first working day stated on the Notice to Proceed, and shall diligently prosecute the same to completion within the time limit provided in the Notice to Contractors.

The Contractor shall notify the Engineer, in writing, of the Contractor's intent to begin work at least 72 hours before work is begun. The notice shall be delivered to the Engineer and shall specify the date the Contractor intends to start. If the project has more than one location of work, a separate notice shall be given for each location.

Should the Contractor begin work in advance of receiving written Notice to Proceed, any work performed by the Contractor in advance of the date of Notice to Proceed shall be considered as having been done by the Contractor at the Contractor's own risk and as a volunteer.

The Notice to Proceed shall constitute authority for the Contractor to enter upon the site of the work and to begin operations, upon condition that the Contractor has strictly complied with all requirements of these Contract Documents, including but not limited to, furnishing all required documentation and certificates of insurance. If Contractor has not provided City of Vallejo with all documents required by these Contract Documents as of the date of the Notice to Proceed, Contractor shall not be allowed on the site of the work or allowed to start work on the Project, notwithstanding the issuance of a Notice to Proceed.

When the Contractor has started work on the Project, the Contractor shall diligently prosecute the work to completion within the time limit provided in the Contract Documents.

The counting of working days shall begin on the date stated as the first working day on the Notice to Proceed, whether or not Contractor is allowed on the work site due to Contractor's failure to furnish City of Vallejo with all documentation required by these Contract Documents. In no event shall there be a period of time greater than thirty (30) days, from the time the Contract forms are first received by the Contractor and the commencement of the contract time, regardless of the receipt or lack thereof by City of Vallejo of all documents required by these Contract Documents. The Contractor shall, on commencing operations, take all precautions required for public safety and shall observe all the provisions in these Specifications and the special provisions.

The Contractor, Architect, City representatives and other interested parties shall meet at a pre-construction conference to be scheduled after execution of the construction Contract and prior to the start of construction. The purpose of this conference is to review including but not limited to job schedules, traffic control, City policies, and to discuss various other aspects of the work and to clarify procedures.

The Contractor shall submit the following to the City Engineer by the date of the pre-construction conference:

A. Detailed CPM Construction Schedule (MS Project or Primavera P6) for review.

B. Traffic Control Plan.

C. All other material or required submittals for review. All submittals shall be in writing.

CITY OF VALLEJO 75 Tuolumne, Georgia & Catalina TRMSS
D. "Notice" to homeowners, residents, commuters and/or affected parties, per section 12-4.01A of the Technical Specifications, for review.
8-1.04 CONSTRUCTION AND MATERIALS

1. Materials and Tests
The Contractor shall furnish written laboratory reports from a reputable testing or inspection agency acceptable to City of Vallejo, or written certification from the manufacturer as to compliance with the Specifications as to the composition, durability and performance of all materials used in the project. Certain specification sections may require special items or materials to be included in the submittal.

2. City Furnished Materials
The City will furnish to the Contractor free of charge for use under these Specifications the following materials:
(See Technical Specifications)

3. Water
The Contractor can purchase water for use on the project from the City of Vallejo at a cost of $3.53 per unit (100 cu. Ft.) or the most current rate of water used. Water is to be drawn from a Water Division designated fire hydrant after the Contractor has applied to the Water Division for a temporary water meter. A refundable $1,200.00 deposit is required for each temporary water meter at the time of application. There is a non- refundable service charge of $105.00 a month. The Water Division reserves the right to increase the deposit or service charge at any time without notice.

4. Sequence of Construction to Maintain and Control Traffic The Contractor must submit a detailed schedule of operations and a traffic management plan to the Engineer for review and acceptance prior to starting work on the project.

See “Traffic Control” of these Specifications and the project Technical Specifications for compensation.

5. Construction Upon Private Property
The Contractor shall note that the work may be performed on or in the vicinity of private property. The Contractor shall, at all times, remove all litter, debris, and construction waste, minimize noise, dust, standing water, vibrations, hazardous conditions and provide safe access to these properties. The Contractor is prohibited from using any privately owned utilities. The Contractor's materials and equipment shall not be stored upon private property without written approval from the resident and/or owner.

6. Watermain Tie-Ins
If a watermain tie-in is required, work shall conform to City Standard Specification Section 4.3.9, "Connecting to Existing main" including, but not limited to the following or as directed by the Engineer:

B. If the Contractor schedules a tie-in with the Maintenance Inspector and is not ready for the tie-in on the scheduled date, the contractor will be charged for the Maintenance Inspector's time, unless the CITY OF VALLEJO 76 Tuolumne, Georgia & Catalina TRMSS
Contractor cancels the inspection 24 hours in advance.

7. As-Built Drawings
The Contractor shall always keep an up to date complete and accurate set of record prints, which shall be corrected regularly, showing every change from the Contract Documents, including all addendums, Change Orders, RFIs, etc. Upon completion of the work, a set of as-built prints shall be made by the Contractor after consultation with the Engineer and all changes noted. All changes shall be neatly and legibly drawn to scale on the set of prints using standard architectural or engineering drafting practices.

8. Hazardous Waste in Excavation
If the Contractor encounters material which the contractor has reason to believe may be hazardous waste as defined by Section 25117 of the Health and Safety Code, the contractor shall immediately so notify the Engineer in writing. All work in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling work by more than one (1) working day, the Contractor shall be granted an extension of time as provided in Section 8-1.07, “Liquidated Damages,” of the General Provisions.

The City reserves the right to use other forces for exploratory work to identify and determine the extent of hazardous material and for removing such material.

9. Changed Conditions
a. Differing Site Conditions
The requirements specified in Section 4-1.06 of the State Standard Specifications for differing site conditions apply to this project.
b. Suspensions of Work Ordered by the Engineer
If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
c. Significant Changes in the Character of Work
The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon CITY OF VALLEJO 77 Tuolumne, Georgia & Catalina TRMSS
prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

The term “significant change” shall be construed to apply only to the following circumstances:
•When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
•When a major item of work, as defined elsewhere in the contract, is increased more than 125 percent, or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion more than 125 percent of the original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 8-1.05 TEMPORARY SUSPENSION OF WORK
The Engineer shall have the authority to suspend the work wholly or in part, for any time period as the Engineer deems necessary, due to unsuitable weather, or to such other conditions considered unfavorable for the suitable prosecution of the work, or for any time period as the Engineer deems necessary due to the failure on the part of the Contractor to carry out orders given, or to perform any provision of the Contract, or for any other reason. The Contractor shall immediately comply with the written order of the Engineer to suspend the work wholly or in part.

The suspended work shall be resumed when conditions are favorable and methods are corrected, as ordered or accepted in writing by the Engineer, or as directed by the Engineer.

In the event that a suspension of work is ordered as provided above, and should that suspension be ordered by reason of the failure of the Contractor to carry out orders or to perform any provision of the Contract; or by reason of weather conditions being unsuitable for performing any item or items of work, which work, in the sole opinion of the Engineer, could have been performed prior to the occurrence of the unsuitable weather conditions had the Contractor diligently prosecuted the work when weather conditions were suitable; the Contractor, at the Contractor's expense, shall do all the work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public traffic during the period of that suspension as provided in Sections 7-1.08, "Public Convenience," and 7-1.09, "Public Safety," and as specified in the special provisions for the work. In the event that the Contractor fails to perform the work above specified, the City of Vallejo will perform that work and the cost thereof will be deducted from moneys due or to become due the Contractor.

In the event that a suspension of work is ordered by the Engineer due to unsuitable weather conditions, and in the sole opinion of the Engineer, the Contractor has prosecuted the work with energy and diligence prior to the time that operations were suspended, the cost of providing a smooth and unobstructed passageway through the work will be paid for as extra work as provided in Section 4-1.03D or, at the option of the Engineer, that work will be performed by the City of Vallejo at no cost to the Contractor.

If the Engineer orders a suspension of all of the work or a portion of the work which is the current controlling operation or operations, due to unsuitable weather or to other conditions considered unfavorable to the suitable prosecution of the work, the days on which the suspension is in effect shall not be considered working days as defined in Section 8-1.06, "Time of Completion." If a portion of work at the time of the suspension is not a current controlling operation or operations, but subsequently does become the current controlling operation or operations, the determination of working days will be made on the basis of the then current controlling operation or operations.

If a suspension of work is ordered by the Engineer, due to the failure on the part of the Contractor to carry out orders given or to perform any provision of the Contract, the days on which the suspension order is in effect shall be considered working days if those days are working days within the meaning of the definition set forth in Section 8-

1.06, "Time of Completion."
No Contract adjustment will be allowed under the provisions specified in this section to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any term or condition of this Contract.

CITY OF VALLEJO 78 Tuolumne, Georgia & Catalina TRMSS
Any Contract adjustment warranted due to suspension of work ordered by the Engineer will be made in the same manner as provided for right of way delays in Section 8-1.09, "Right of Way Delays." In the event of a suspension of work under any of the conditions set forth in this Section 8-1.05, the suspension of work shall not relieve the Contractor of the responsibilities as set forth in Section 7, "Legal Relations and Responsibility."
8-1.06 TIME OF COMPLETION
The Contractor shall complete all or any designated portion of the work called for under the Contract Documents in all parts and requirements within the time set forth in the Contract Documents.

A working day is defined as any day, except as follows:

A. Saturdays, Sundays and legal holidays;
B. Days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on that operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations; or
C. Days on which the Contractor is prevented, by reason of requirements in "Maintaining Traffic" of the special provisions, from working on the controlling operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations.

Should the Contractor prepare to begin work at the regular starting time of any day on which inclement weather, or the conditions resulting from the weather, or the condition of the work, prevents the work from beginning at the usual starting time and the crew is dismissed as a result thereof and the Contractor does not proceed with at least 75 percent of the normal labor and equipment force engaged in the current controlling operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations, the Contractor will not be charged for a working day whether or not conditions should change thereafter during that day and the major portion of the day could be considered to be suitable for those construction operations.

The current controlling operation or operations is to be construed to include any feature of the work (e.g., an operation or activity, or a settlement or curing period) considered at the time by the Engineer and the Contractor, which, if delayed or prolonged, will delay the time of completion of the Contract.

Determination that a day is a non-working day by reason of inclement weather or conditions resulting immediately therefrom, shall be made by the Engineer. The Contractor will be allowed 15 days from the issuance of the weekly statement of working days in which to file a written protest setting forth in what respects the Contractor differs from the Engineer; otherwise, the decision of the Engineer shall be deemed to have been accepted by the Contractor as correct. The Engineer will furnish the Contractor a weekly statement showing the number of working days charged to the Contract for the preceding week, the number of working days of time extensions being considered or accepted, the number of working days originally specified for the completion of the Contract and the number of working days remaining to complete the Contract and the extended date for completion thereof, except when working days are not being charged in conformance with the provisions in Section 8-1.05, "Temporary Suspension of Work." 8-1.07 LIQUIDATED DAMAGES
It is agreed by the parties to the Contract that in case all the work called for under the Contract in all parts and requirements is not completed within the number of working days as set forth in the Contract Documents, damage will be sustained by the City of Vallejo, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City of Vallejo will sustain in the event of and by reason of the delay; and it CITY OF VALLEJO 79 Tuolumne, Georgia & Catalina TRMSS
is therefore agreed that the Contractor will pay to the City of Vallejo, the sum set forth in the Contract Documents per day for each and every calendar day's delay in completing the work in excess of the number of working days prescribed; and the Contractor agrees to pay the liquidated damages herein provided for, and further agrees that the City of Vallejo may deduct the amount thereof from any moneys due or that may become due the Contractor under the Contract.

The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in the Contract Documents for the completion of the work caused by acts of God or of the public enemy, fire, floods, tsunamis, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargoes, provided that the Contractor shall notify the Engineer in writing of the causes of delay within 3 days from the beginning of that delay. The Engineer shall ascertain the facts and the extent of the delay, and the Engineer's findings thereon shall be final and conclusive.

No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that the Contractor has made every effort to obtain the materials from all known sources in a diligent and timely manner, and further proof in the form of supplementary progress schedules, as required in Section 8-1.04, "Progress Schedule," that the inability to obtain the materials when originally planned, did in fact cause a delay in final completion of the entire work which could not be compensated for by revising the sequence of the Contractor's operations. The term "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the work. The term "shortage of materials," shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the Contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials.

Except for the additional compensation provided for in Section 8-1.09, "Right of Way Delays," the Contractor shall have no claim for damage or compensation for any delay or hindrance.

It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any period of delay in completion of the work in excess of that expressly provided for in this Section
8-1.08 TERMINATION OF CONTROL
Whenever, in the opinion of the City of Vallejo, the Contractor has failed to supply an adequate force of labor, equipment, or materials of proper quality, or has failed in any other respect to prosecute the work with the diligence specified in the Contract; or if Contractor should refuse or fail to comply with laws, ordinances, or directions of the Engineer; or if Contractor should fail to make prompt payments to subcontractors or for labor or materials; or otherwise be in breach of this Contract; the City of Vallejo may give written notice of at least five (5) calendar days to the Contractor and Contractor's sureties that if the defaults are not remedied within a time specified in such notice, the Contractor's control over the work will be terminated.

If the Contractor should be adjudged a bankrupt, or make an assignment for the benefit of Contractor's creditors, or if a receiver should be appointed on account of Contractor's insolvency, the City of Vallejo may declare the Contractor's control over the work terminated, and so notify the Contractor and Contractor's sureties.

Upon such termination, the City of Vallejo 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 of Vallejo 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 of Vallejo agrees to pay for such materials and the use of said equipment at a reasonable compensation.

Upon such termination or the City of Vallejo's declaration that the Contractor is in default, the City of Vallejo may direct the surety to complete, or cause to be completed, the Contract work, or the City of Vallejo may direct that all or any part of the work be completed by day labor, or by employment of other contractors on informal contracts, or both. If the City of Vallejo directs the surety to complete or cause to be completed, the Contract work, Contractor's CITY OF VALLEJO 80 Tuolumne, Georgia & Catalina TRMSS
performance bond surety agrees to immediately undertake to complete or cause to be completed, all Contract work.

If surety fails or refuses to immediately complete or cause to be completed, all Contract work, surety agrees that damage will be sustained by the City of Vallejo, and that it is and will be impracticable to determine the actual amount of damage by reason of such acts; and the Contractor and surety agree that in addition to any other damages City of Vallejo may sustain and may be recovered pursuant to these Contract Documents, including but not limited to, other liquidated damages for delay, or actual damages, the sum of FIVE HUNDRED DOLLARS ($500.00) is a reasonable amount to be charged as liquidated damages for each day surety fails or refuses to complete or cause to be completed, all Contract work, and it is therefore agreed that the Contractor and surety will pay to the City of Vallejo this sum, for each and every calendar day surety fails or refuses to complete or cause to be completed, the Contract work; and the Contractor and surety further agree that the City of Vallejo may deduct and retain the amount thereof from any monies due the Contractor under the Contract.

If the Contractor's control over the work is terminated as provided above, the Contractor is not entitled to receive any portion of the amount to be paid under the Contract until it is fully completed. After completion, if the unpaid balance exceeds the sum of the amount expended by the City of Vallejo in finishing the work, plus all damages sustained, or to be sustained, by the City of Vallejo, plus any unpaid claims on account of labor, materials, tools, equipment, or supplies contracted for by the Contractor for the work herein contemplated, the excess not otherwise required by these Contract Documents to be retained shall be paid the Contractor. If the sum so expended exceeds the unpaid balance, the Contractor and Contractor's surety are liable to the City of Vallejo for the amount of such excess. If the surety completes the Contract work as provided above, such surety shall be subrogated to money due under the Contract, and to money which shall become due in the course of completion by the surety. However, Contractor and surety agree that any subrogation rights of surety are subordinate to and inferior to rights of City of Vallejo.

The City of Vallejo reserves the right to terminate the work for its convenience upon written notice to Contractor. In such event, the Contractor shall be paid its reasonable costs for that portion of the work performed to the date of termination, reasonable costs associated with demobilization, plus fifteen percent (15%) of all such costs for overhead and profit.
8-1.09 RIGHT OF WAY DELAYS
If, through the failure of the City of Vallejo to acquire or clear right of way, the Contractor sustains loss which could not have been avoided by the judicious handling of forces, equipment and plant, there shall be paid to the Contractor that amount that the Engineer may find to be a fair and reasonable compensation for that part of the Contractor's actual loss, that, in the opinion of the Engineer, was unavoidable, determined as follows:

Compensation for idle time of equipment will be determined in the same manner as determinations are made for equipment used in the performance of extra work paid for on a force account basis, as provided in Section 9-1.03A(3), "Equipment Rental," with the following exceptions:

A. The right of way delay factor for each classification of equipment shown in the State Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is a part of the Contract, will be applied to that equipment rental rate.

B. The time for which the compensation will be paid will be the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day.

C. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay, except that when rental of equipment is paid for under the provisions in Section 9-1.03A (3b), "Equipment not on the Work," no payment will be made for right of way delays in conformance with the provisions in this Section 8-1.09.

Actual loss shall be understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment and cost of longer hauls. Compensation for idle time of equipment will be determined as provided in this Section 8-1.09 and compensation for idle time of workers will be determined as provided in Section 9-1.03A(1), "Labor," and no markup will be added in either case for CITY OF VALLEJO 81 Tuolumne, Georgia & Catalina TRMSS
overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work as provided in Section 4-1.03D.

If performance of the Contractor's work is delayed as the result of the failure of the City of Vallejo to acquire or clear right of way, an extension of time determined pursuant to the provisions in Section 8-1.07, "Liquidated Damages," will be granted.
8-1.10 UTILITY AND NON-HIGHWAY FACILITIES
It is anticipated that some or all of the utility and other non-highway facilities, both above ground and below ground, that are required to be rearranged (as used herein, rearrangement includes installation, relocation, alteration or removal) as a part of the highway improvement will be rearranged in advance of construction operations. Where it is not anticipated that the rearrangement will be performed prior to construction, or where the rearrangement must be coordinated with the Contractor's construction operations, the existing facilities that are to be rearranged will be indicated on the drawings or in the special provisions. Where a rearrangement is indicated on the drawings or in the special provisions, the Contractor will have no liability for the costs of performing the work involved in the rearrangement. The Contractor shall not be reimbursed for the costs for coordinating with the utility, railroad and non-highway facilities.

The right is reserved to the City of Vallejo and the owners of facilities, or their authorized agents, to enter upon the highway right of way for the purpose of making those changes that are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in this work and shall conduct operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by the other forces. Wherever necessary, the work of the Contractor shall be coordinated with the rearrangement of utility or other non-highway facilities, and the Contractor shall make arrangements with the owner of those facilities for the coordination of the work.

Attention is directed to the possible existence of underground facilities and utilities not indicated in the Contract Documents and to the possibility that utilities may be in a location different from that which is indicated in the Contract Documents. The Contractor shall ascertain the exact location of all utilities , the location of their service laterals or other appurtenances, and of existing service lateral or appurtenances of any other underground facilities prior to doing work.

If the Contractor cannot locate an underground facility or utility whose presence is indicated in the Contract Documents after a diligent search and investigation, the Contractor shall immediately so notify the Engineer in writing. If the facility for which the notice is given is in a substantially different location from that indicated on the drawings or in the special provisions, the additional cost of locating the facility will be paid for as extra work as provided in Section 4-1.03D.

If the Contractor discovers utilities not indicated in the Contract Documents, the Contractor shall immediately give the Engineer and the Utility Company written notification of the existence of those facilities. The utilities shall be located and protected from damage as directed by the Engineer, and the cost of that work will be paid for as extra work as provided in Section 4-1.03D. The Contractor shall, if directed by the Engineer, repair any damage which may occur to the utilities. The cost of that repair work, not due to the failure of the Contractor to exercise reasonable care or to comply with the terms of the Contract Documents, will be paid for as extra work as provided in Section 4-1.03D. Damage due to the Contractor's failure to exercise reasonable care or comply with the Contract Documents shall be repaired at the Contractor's cost and expense.

Where it is determined by the Engineer that the rearrangement of an underground facility is essential in order to accommodate the highway improvement and the drawings and Specifications do not provide that the facility is to be rearranged, the Engineer will provide for the rearrangement of the facility by other forces or the rearrangement shall be performed by the Contractor and will be paid for as extra work as provided in Section 4-1.03D.

When ordered by the Engineer in writing, the Contractor shall rearrange any utility or other non-highway facility necessary to be rearranged as a part of the highway improvement, and that work will be paid for as extra work as provided in Section 4-1.03D.

CITY OF VALLEJO 82 Tuolumne, Georgia & Catalina TRMSS
Should the Contractor desire to have any rearrangement made in any utility facility, or other improvement, for the Contractor's convenience in order to facilitate the Contractor's construction operations, which rearrangement is in addition to, or different from, the rearrangements indicated on the drawings or in the special provisions, the Contractor shall make whatever arrangements are necessary with the owners of the utility or other non-highway facility for the rearrangement and bear all expenses in connection therewith.

The Contractor shall immediately notify the Engineer of any delays to the Contractor's operations as a direct result of underground main or trunk line facilities which were not indicated on the drawings or in the special provisions or were located in a position substantially different from that indicated on the drawings or in the special provisions, or as a direct result of utility or other non-highway facilities not being rearranged as herein provided (other than delays in connection with rearrangements made to facilitate the Contractor's construction operations or delays due to a strike or labor dispute). These delays will be considered right of way delays within the meaning of Section 8-1.09, "Right of Way Delays," and compensation for the delay will be determined in conformance with the provisions in Section 8-1.09. The Contractor shall be entitled to no other compensation for that delay.

Any delays to the Contractor's operations as a direct result of utility or other non-highway facilities not being rearranged as provided in this Section 8-1.10, due to a strike or labor dispute, will entitle the Contractor to an extension of time as provided in Section 8-1.07, "Liquidated Damages." The Contractor shall be entitled to no other compensation for that delay.
8-1.11 TERMINATION OF CONTRACT
The Contract may be terminated by the Director when termination is authorized by Section 7-1.125, "Legal Actions Against the City of Vallejo," Section 7-1.165, "Damage by Storm, Flood, Tsunami or Earthquake," or by other provisions of the Contract which authorize termination. The City of Vallejo also reserves the right to terminate the Contract at any time upon a determination by the Director that termination of the Contract is in the best interest of the City of Vallejo.

If the Director elects to terminate the Contract, the termination of the Contract and the total compensation payable to the Contractor shall be governed by the following:

A. The Engineer will issue the Contractor a written notice signed by the Director, specifying that the Contract is to be terminated. Upon receipt of the written notice, the Contractor will be relieved of further responsibility for damage to the work (excluding materials) as specified in Section 7-1.16, "Contractor's Responsibility for the Work and Materials," and, except as otherwise directed in writing by the Engineer, the Contractor shall:

1. Stop all work under the Contract except that specifically directed to be completed prior to acceptance.

2. Perform work the Engineer deems necessary to secure the project for termination.

3. Remove equipment and plant from the site of the work.

4. Take action that is necessary to protect materials from damage.

5. Notify all subcontractors and suppliers that the Contract is being terminated and that their Contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer.

6. Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the work and not yet used in the work, including its storage location, and such other information as the Engineer may request.

7. Dispose of materials not yet used in the work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City of Vallejo with good title to all materials purchased by the City of Vallejo hereunder, including materials for which partial payment has been made as provided in CITY OF VALLEJO 83 Tuolumne, Georgia & Catalina TRMSS
Section 9-1.06, "Partial Payments," and with bills of sale or other documents of title for those materials.

8. Subject to the prior written acceptance of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City of Vallejo all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder.

9. Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Contract.

10. Take other actions directed by the Engineer.

B. Acceptance of the Contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows:

1. The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Section 9-1.06, "Partial Payments," and for materials furnished by the City of Vallejo for use in the work and unused shall terminate when the Engineer certifies that those materials have been stored in the manner and at the locations the Engineer has directed.

2. The Contractor's responsibility for damage to materials purchased by the City of Vallejo subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of those materials has been taken by the City of Vallejo.

When the Engineer determines that the Contractor has completed the work under the Contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Engineer will recommend that the Director formally accept the Contract.

C. Termination of the Contract shall not relieve the Contractor or surety of their obligation for any claims arising out of the work performed.

D. The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following:

1. The reasonable cost to the Contractor, without profit, for all work performed under the Contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. Deductions will also be made, when the Contract is terminated under the authority of Section 7-1.165, "Damage by Storm, Flood, Tsunami or Earthquake," for the cost of materials damaged by the "occurrence."
When, in the opinion of the Engineer, the cost of a Contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing that work in compliance with the requirements of the Contract Documents and the excessive actual cost shall be disallowed.

2. A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed 4 percent of the cost.

3. The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City of Vallejo or otherwise disposed of as directed by the Engineer.

CITY OF VALLEJO 84 Tuolumne, Georgia & Catalina TRMSS

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

All records of the Contractor and the Contractor's subcontractors, necessary to determine compensation in conformance with the provisions in this Section 8-1.11, shall be open to inspection or audit by representatives of the City of Vallejo at all times after issuance of the notice that the Contract is to be terminated and for a period of 3 years, thereafter, and those records shall be retained for that period.

After acceptance of the work by the Director, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in conformance with the provisions in Section 9-1.07B, "Final Payment and Claims," when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.
8-02 SCOPE OF WORK
The Project is located in various streets throughout the City of Vallejo. See Appendix A for project location.

The work embraced herein will be done in accordance with the Contract Drawings and Specifications, the 2018 Standard Plans and Specifications of the California Department of Transportation, and the City of Vallejo Standard Specifications and Standard Plans dated December 2011.

The work to be done includes furnishing all labor, materials, tax, equipment, incidentals and services for the construction and completion of the CITYWIDE SLURRY SEAL in accordance with the Contract Documents.

END OF SECTION
CITY OF VALLEJO 85 Tuolumne, Georgia & Catalina TRMSS
SECTION 9: MEASUREMENT AND PAYMENT
9-1.01 MEASUREMENT OF QUANTITIES (NOT USED)
9-1.015 FINAL PAY ITEMS
When an item of work is designated as (F) or (S-F) in the Engineer's Estimate, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, 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 an 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 minor structures in Section 5.1-1.22, "Measurement." 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 (F) or (S-F) in the Engineer's Estimate shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the drawings, 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 quantity shown in the Engineer's Estimate for a final pay item and the quantity or summation of quantities for the same item shown on the drawings, payment will be based on the quantity shown in the Engineer's Estimate.

Under no circumstances will Contractor be entitled to payment for any final pay quantity that is greater than the unit quantity price for the final pay quantity item set forth in the proposal form. 9-1.02 SCOPE OF PAYMENT
The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work required under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the Director and for all risks of every description connected with the prosecution of the work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the Contract; and for completing the work according to the Contract Documents.

No compensation will be made in any case for loss of anticipated profits. 9-1.03 FORCE ACCOUNT PAYMENT
When extra work is to be paid for on a force account basis, the labor, materials and equipment used in the performance of that work shall be subject to the review and acceptance of the Engineer and compensation will be determined as follows:
9-1.03A WORK PERFORMED BY CONTRACTOR
The Contractor will be paid the direct costs for labor, materials and equipment used in performing the work determined as hereinafter provided in Sections 9-1.03A(1), "Labor," 9-1.03A(2), "Materials," and 9-1.03A(3), CITY OF VALLEJO 86 Tuolumne, Georgia & Catalina TRMSS
"Equipment Rental," except where agreement has been reached to pay in conformance with the provisions in Section 9-1.03B, "Work Performed by Special Forces or Other Special Services." To the total of the direct costs computed as provided in Sections 9-1.03A(1), "Labor," 9-1.03A(2), "Materials," and 9-1.03A(3), "Equipment Rental," there will be added a markup of 33 percent to the cost of labor, 15 percent to the cost of materials and 15 percent to the equipment rental.

The above markups shall constitute full compensation for all overhead costs which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Sections 9-1.03A(1), "Labor," 9-1.03A(2), "Materials," and 9-1.03A(3), "Equipment Rental." The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.

When extra work to be paid for on a force account basis is performed by a subcontractor, approved in conformance with the provisions in Section 8-1.01, "Subcontracting," an additional markup of 5 percent will be added to the total cost of that extra work including all markups specified in this Section 9-1.03A. The additional 5 percent markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.
9-1.03A(1) LABOR
The Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer), used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor, subcontractor or other forces, will be the sum of the following:
9-1.03A(1a) ACTUAL WAGES
The actual wages paid shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation, and similar purposes.
9-1.03A(1b) LABOR SURCHARGE
To the actual wages, as defined in Section 9-1.03A(1a), will be added a labor surcharge set forth in the Caltrans publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished. The labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages as defined in Section 9-1.03A(1a) and subsistence and travel allowance as specified in Section 9-1.03A(1C). 9-1.03A(1c) SUBSISTENCE AND TRAVEL ALLOWANCE
The actual subsistence and travel allowance paid to the workers. 9-1.03A(2) MATERIALS
The City of Vallejo reserves the right to furnish any materials it deems advisable, and the Contractor shall have no claims for costs and markup on those materials.

Only materials furnished by the Contractor and necessarily used in the performance of the work will be paid for. The cost of those materials will be the cost to the purchaser, whether Contractor, subcontractor or other forces, from the supplier thereof, except as the following are applicable:

CITY OF VALLEJO 87 Tuolumne, Georgia & Catalina TRMSS
9-1.03A(2A)
If a cash or trade discount by the actual supplier is offered or available to the purchaser, it shall be credited to the City of Vallejo notwithstanding the fact that the discount may not have been taken. 9-1.03A(2B)
If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to the purchaser, the cost of those materials shall be deemed to be the price paid to the actual supplier as determined by the Engineer plus the actual costs, if any, incurred in the handling of the materials. 9-1.03A(2C)
If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of those materials shall not exceed the price paid by the purchaser for similar materials furnished from that source on Contract items or the current wholesale price for those materials delivered to the jobsite, whichever price is lower. 9-1.03A(2D)
If the cost of the materials is, in the opinion of the Engineer, excessive, then the cost of the material shall be deemed to be the lowest current wholesale price at which the materials were available in the quantities concerned delivered to the jobsite, less any discounts as provided in Section 9-1.03A(2a). 9-1.03A(2E)
If the Contractor does not furnish satisfactory evidence of the cost of the materials from the actual supplier thereof within 60 days after the date of delivery of the material or within 15 days after acceptance of the Contract, whichever occurs first, the City of Vallejo reserves the right to establish the cost of the materials at the lowest current wholesale prices at which the materials were available in the quantities concerned delivered to the location of the work, less any discounts as provided in Section 9-1.03A(2a).
9-1.03A(3) EQUIPMENT RENTAL
The Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the Caltrans publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, regardless of ownership and any rental or other agreement, if they may exist, for the use of that equipment entered into by the Contractor, except that for those pieces of equipment with a rental rate of $10.00 per hour or less as listed in the Labor Surcharge And Equipment Rental Rates publication and which are rented from a local equipment agency, other than Contractor owned, the Contractor will be paid at the hourly or daily rate shown on the rental agency invoice or agreement for the time used on force account work as provided in Section 9-1.03A(3a), "Equipment on the Work." If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor.

Equipment owned by the Contractor and already on the job site shall only be paid for actual hours of usage as documented on daily extra work reports. Equipment owned by the Contractor, required to perform force account work, and not already on the job site shall only be paid for actual hours of usage as documented on daily extra work reports and the cost of mobilization to bring to the job site. The Engineer shall determine if equipment not on the job site is required to be mobilized to perform extra work.

CITY OF VALLEJO 88 Tuolumne, Georgia & Catalina TRMSS
If it is deemed necessary by the Engineer to use equipment not listed in the Labor Surcharge And Equipment Rental Rates publication, a suitable rental rate for that equipment will be established by the Engineer. The Contractor shall furnish all cost data which might assist the Engineer in the establishment of the rental rate. If the rental rate established by the Engineer is $10.00 per hour or less, the provisions above concerning rental of equipment from a local equipment agency shall apply.

The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals.

Operators of rented equipment will be paid for as provided in Section 9-1.03A(1), "Labor." All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used.

Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.

Individual pieces of equipment or tools not listed in the Labor Surcharge and Equipment Rental Rate publication and having a replacement value of $500 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor.

Rental time will not be allowed while equipment is inoperative due to breakdowns. 9-1.03A(3A) EQUIPMENT ON THE WORK
The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return the equipment to the original location or to another location requiring no more time than that required to return the equipment to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made if the equipment is used at the site of the extra work on other than the extra work.

The following shall be used in computing the rental time of equipment on the work:

A. When hourly rates are listed, less than 30 minutes of operation shall be 0.5-hour of operation.

B. When daily rates are listed, less than 4 hours of operation shall be 0.5-day of operation. 9-1.03A(3B) EQUIPMENT NOT ON THE WORK
When extra work, other than work specifically designated as extra work in the drawings and specifications, is to be paid for on a Force Account basis and the Engineer determines that such extra work requires the Contractor to move on to the work equipment which could not reasonably have been expected to be needed in the performance of the contract, the Engineer may authorize payment for the use of such equipment at equipment rental rates in excess of those listed as applicable for the use of such equipment subject to the following additional conditions:

A. The Engineer shall specifically approve the necessity for the use of equipment on such work.

B. The Contractor shall establish to the satisfaction of the Engineer that such equipment cannot be obtained from his/her normal equipment source or sources and those of his/her subcontractors.

C. The Contractor shall establish to the satisfaction of the Engineer that the proposed equipment rental rate for such equipment from his/her proposed source is reasonable and appropriate for the expected period of use.

CITY OF VALLEJO 89 Tuolumne, Georgia & Catalina TRMSS
D. The Engineer shall approve the equipment source and the equipment rental rate to be paid by the City of Vallejo before the Contractor begins work involving the use of said equipment.

For the use of equipment moved in on the work and used exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in the Caltrans publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, or determined as provided in Section 9-1.03A(3) and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:

A.The original location of the equipment to be hauled to the location of the work shall be agreed to by the Engineer in advance.

B.The City of Vallejo will pay the costs of loading and unloading the equipment.

C.The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers.

D.The rental period shall begin at the time the equipment is unloaded at the site of the extra work, shall include each hour that the equipment is actually used at the site of the extra work, excluding Saturdays, Sundays and legal holidays unless the equipment is used to perform the extra work on those days, and shall terminate at the end of the day on which the Engineer directs the Contractor to discontinue the use of the equipment.

The rental time to be paid for equipment not on the work shall be the time the equipment is actually in operation on the extra work being performed and in accordance with the following:

The hours to be paid for equipment which is operated less than 8 hours due to breakdowns shall not exceed 8 hours less the number of hours the equipment is inoperative due to breakdowns.

When hourly rates are listed, less than 30 minutes of operation shall be considered to be 0.5-hour of operation.

When daily rates are listed, less than 4 hours of operation shall be considered to be 4 hours of operation. No payment will be made if the equipment is not used. If the equipment is used for more than 4 hours of operation, payment will be made for one day.

E. Should the Contractor desire the return of the equipment to a location other than its original location, the City of Vallejo will pay the cost of transportation in accordance with the above provisions, provided the payment shall not exceed the cost of moving the equipment to the work.

F. Payment for transporting, and loading and unloading equipment, as provided above, will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force account basis. 9-1.03A(3C) OWNER-OPERATED EQUIPMENT
When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows:

A. Payment for the equipment will be made in conformance with the provisions in Section 9-1.03A(3), "Equipment Rental."
B. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to other workers operating similar equipment already on the project or, in the absence of other workers operating similar equipment, at the rates for that labor established by collective bargaining agreements for the type of workers and location of the work, whether or not the owner-operator is actually covered by an agreement. A labor surcharge will be added to the cost of labor described herein, in conformance with the provisions in Section 9-1.03A(lb), "Labor Surcharge." CITY OF VALLEJO 90 Tuolumne, Georgia & Catalina TRMSS
C. To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for equipment rental and labor as provided in Section 9-1.03A, "Work Performed by Contractor." 9-1.03A(3D) DUMP TRUCK RENTAL
Dump truck rental shall conform to the provisions in Sections 9-1.03A(3), "Equipment Rental," 9-1.03A(3a), "Equipment on the Work," and 9-1.03A(3b), "Equipment not on the Work," except as follows:

Fully maintained and operated rental dump trucks used in the performance of extra work paid for on a force account basis will be paid for at the same hourly rate paid by the Contractor for use of fully maintained and operated rental dump trucks in performing Contract item work.

In the absence of Contract item work requiring dump truck rental, the Engineer will establish an hourly rental rate to be paid. The Contractor shall provide the Engineer with complete information on the hourly rental rates available for rental of fully maintained and operated dump trucks.

The provisions in Section 9-1.03A(1), "Labor," shall not apply to operators of rented dump trucks.

The rental rates listed for dump trucks in the Caltrans publication entitled Labor Surcharge And Equipment Rental Rates shall not apply.

To the total of the rental costs for fully maintained and operated dump trucks, including labor, there will be added a markup of 15 percent. An additional markup of 5 percent will be added by reason of performance of the work by a subcontractor. No separate markup will be made for labor.

The provisions in Section 9-1.03A(3c), "Owner-Operated Equipment," shall not apply to dump truck rentals. 9-1.03B WORK PERFORMED BY SPECIAL FORCES OR OTHER SPECIAL SERVICES When the Engineer and the Contractor, by agreement, determine that a special service or an item of extra work cannot be performed by the forces of the Contractor or those of any of the Contractor's subcontractors, that service or extra work item may be performed by a specialist.
9-1.03C RECORDS
The Contractor and all subcontractors shall maintain records in such a manner as to provide a clear distinction between the direct costs of extra work paid and the costs of other operations.

From the above records, the Contractor shall furnish the Engineer completed daily extra work reports, either on forms furnished by the City of Vallejo or on computerized facsimiles of the City of Vallejo's forms acceptable to the Engineer, for each day's extra work to be paid for on a force account basis. The daily extra work reports shall itemize the materials used and shall state the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor or other forces, except for charges described in Section 9-1.03B, "Work Performed by Special Forces or Other Special Services." The daily extra work reports shall provide names, identifications, and classifications of all workers, the hourly rate of pay and hours worked, and the size, type and identification number of equipment, and hours operated.

Material charges shall be substantiated by valid copies of vendor's invoices. The invoices shall be submitted with the daily extra work reports, or if not available, the invoices shall be submitted within 30 days after the submittal of the daily extra work report or 30 days after the date of delivery of the material, whichever occurs first. Contractor waives payment for material charges not substantiated by valid copies of vendor’s invoices submitted within the times provided.

CITY OF VALLEJO 91 Tuolumne, Georgia & Catalina TRMSS
Daily extra work reports shall be signed by the Contractor or the Contractor's authorized representative and shall be submitted to the City on the day the work is performed, or within 24 hours if authorized by the Engineer. Daily extra work reports shall be signed by the designated representative of the City to acknowledge the labor hours, materials, and equipment used to perform the work. Signature by the City’s representative does not constitute approval for payment. All daily extra work reports are subject to review and approval by the Engineer for conformance to the Contract Documents prior to payment. The City reserves the right to adjust the amount to be paid for extra work based upon daily extra work reports at any time prior to project acceptance, even if payment has been made under a progress payment. Contractor waives payment for that portion of Force Account work in which a daily extra work report has not been signed by the City’s designated representative and/or submitted to the City within the time specified above.

The Engineer will compare the Engineer's records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments. When these daily extra work reports are agreed upon and signed by both parties, the reports shall become the basis of payment for the work performed but shall not preclude subsequent adjustment based on a later audit by the City of Vallejo.

The Contractor's and all subcontractors’ records pertaining to the Project shall be open to inspection or audit by representatives of the City of Vallejo, during the life of the Contract and for a period of not less than 3 years after the date of acceptance thereof, and the Contractor and all subcontractors shall retain those records for that period.

Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to ensure that the cost records of those other forces will be open to inspection and audit by representatives of the City of Vallejo on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than 60 days after the acceptance date of the Contract, the Contractor will be given a reasonable notice of the time when the audit is to begin. 9-1.03D PAYMENT
Payment as provided in Sections 9-1.03A, "Work Performed by Contractor," and 9-1.03B, "Work Performed by Special Forces or Other Special Services," shall constitute full compensation to the Contractor for performance of work paid for on a force account basis and no additional compensation will be allowed therefor. The payment will be made in conformance with the provisions in Section 9-1.06, "Partial Payments." The Engineer's receipt of a proposed progress schedule and monthly updated progress schedules, all in strict compliance with these Contract Documents shall be conditions precedent to the Engineers acceptance of the Contractor's periodic pay requests and/or the City of Vallejo's obligation to pay Contractor. 9-1.04 (BLANK)
9-1.05 STOP NOTICES
The City of Vallejo may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims filed pursuant to Section 3179 et seq. of the Civil Code. In cases where the contractor chooses to Bond around the Stop Notice, the Bond shall be of a form approved by the City. 9-1.06 PARTIAL PAYMENTS
The City of Vallejo, once in each month, shall cause an estimate in writing to be made by the Engineer. The estimate shall include the total amount of work done and acceptable materials furnished, provided the acceptable materials are listed as eligible for partial payment as materials in the special provisions and are furnished and delivered by the Contractor on the ground and not used or are furnished and stored for use on the Contract, if the storage is within CITY OF VALLEJO 92 Tuolumne, Georgia & Catalina TRMSS
the City of Vallejo and the Contractor furnishes evidence satisfactory to the Engineer that the materials are stored subject to or under the control of the City of Vallejo, to the time of the estimate, and the value thereof. The estimate shall also include any amounts payable for mobilization. Daily extra work reports furnished by the Contractor less than 5 calendar days, not including Saturdays, Sundays and legal holidays, prior to the preparation of the monthly progress estimate shall not be eligible for payment until the following month's estimate.

The amount of any material to be considered in making an estimate will in no case exceed the amount thereof which has been reported by the Contractor to the Engineer on City of Vallejo-furnished forms properly filled out and executed, including accompanying documentation as therein required, less the amount of the material incorporated in the work to the time of the estimate. Only materials to be incorporated in the work will be considered. The estimated value of the material established by the Engineer will in no case exceed the Contract price for the item of work for which the material is furnished.

Unless otherwise approved by the Engineer in writing, Contractor shall submit to Engineer on or before the tenth (10th) day of the month, an itemized application for payment for the cost of the work in permanent place, which has been completed in strict accordance with the Contract Documents as of the last day of the preceding month, less amounts previously paid. The application for payment shall be prepared in a form acceptable to Engineer and shall contain itemized amounts in accordance with the Contract Documents. The applications for payment shall not include requests for payment on account of changes which have not been authorized by Change Orders, or for amounts Contractor does not intend to pay a subcontractor because of a dispute or other reason.

If requested by the City of Vallejo, an application for payment shall be accompanied by a summary showing payment that will be made to subcontractors covered by such application, and unconditional waivers and releases of claims and stop notices, from each subcontractor listed in the preceding application for payment covering sums disbursed pursuant to that preceding application for payment.

Contractor warrants that upon submittal of an application for payment, all work has been performed in strict compliance with the Contract Documents, and all work for which certificates of payment have been previously issued and payment has been received from City of Vallejo, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment related to the work.

Payment of all, or any part, of an application for payment may be withheld, a certificate of payment may be withheld, all or part of a previous certificate for payment may be nullified and that amount withheld from a current certificate for payment, or the City of Vallejo may withhold from payment, on account of any of the following:
•Defective work not remedied.
•Third-party claims against Contractor or City of Vallejo arising from the acts or omissions of Contractor or subcontractors.
•Stop notices.
•Failure of Contractor to make timely payments due to subcontractors for material or labor. •A reasonable doubt that the work can be completed for the balance of the Contract price then unpaid. •Damage to the City of Vallejo or others for which Contractor is responsible. •Reasonable evidence that the work cannot be completed within the Contract time, and the unpaid balance of the Contract price would not be adequate to complete the work and cover City of Vallejo's damages for the anticipated delay.
•Failure of Contractor to maintain, update, and submit record documents. •Failure of Contractor to submit schedules or their updates as required by the Contract Documents. •Performance of the work by Contractor without properly processed shop drawings.

CITY OF VALLEJO 93 Tuolumne, Georgia & Catalina TRMSS
•Liquidated damages assessed.
•Any other failure of the Contractor to perform its obligations under the Contract Documents.

By resolution of the City of Vallejo’s City Council, a fund has been established, money appropriated in the current budget, and assigned to the account(s) which is/are the sole source(s) of funds available for payment of the Contract price. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City of Vallejo's ability to draw from this fund, are conditions precedent to City of Vallejo's obligation to make payments to Contractor.

Within thirty (30) days of receipt of an approved certificate for payment, properly executed by the Contractor, City of Vallejo’s Engineer and Director, City of Vallejo agrees to pay Contractor, subject to all of the terms and conditions of these Contract Documents, an amount equal to ninety five percent (95%) of the sum of the following (less any amounts withheld as permitted by the Contract Documents):

Cost of the work in permanent place as of the end of the preceding month as set forth and approved on the certificate for payment; and
Less amounts previously paid.
9-1.065 PAYMENT OF WITHHELD FUNDS
Upon the Contractor's request, the City of Vallejo will make payment of funds withheld from progress payments to ensure performance of the Contract if the Contractor deposits in escrow with the City of Vallejo, or with a bank acceptable to the City of Vallejo, securities equivalent to the amount withheld. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.

Alternatively, upon the Contractor's request, the City of Vallejo will make payment of retentions earned directly to the escrow agent. The Contractor may direct the investment of the payments into securities, and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest and payments received by the escrow agent from the City of Vallejo.

Alternatively, and subject to the acceptance by the City of Vallejo, the payment of retentions earned may be deposited directly with a person licensed under Division 6 (commencing with Section 17000) of the Financial Code as the escrow agent. Upon written request of an escrow agent that has not been approved by the City of Vallejo under subdivision (c) of Section 10263 of the Public Contract Code, the City of Vallejo will provide written notice to that escrow agent within 10 business days of receipt of the request indicating the reason or reasons for not approving that escrow agent. The payments will be deposited in a trust account with a Federally chartered bank or savings association within 24 hours of receipt by the escrow agent. The Contractor shall not place any retentions with the escrow agent in excess of the coverage provided to that escrow agent pursuant to subdivision (b) of Section 17314 of the Financial Code. In all respects not inconsistent with subdivision (c) of Section 10263 of the Public Contract Code, the remaining provisions of Section 10263 of the Public Contract Code shall apply to escrow agents acting pursuant to subdivision (c) of Section 10263 of the Public Contract Code.

Securities eligible for investment shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by the Contractor and the City of Vallejo.

The escrow agreement used pursuant to this Section 9-1.065 shall be substantially similar to the "Escrow Agreement for Security Deposits In Lieu of Retention" in Section 10263 of the Public Contract Code, deemed as incorporated herein by reference.

CITY OF VALLEJO 94 Tuolumne, Georgia & Catalina TRMSS
The Contractor shall obtain the written consent of the surety to the agreement. 9-1.07 PAYMENT AFTER ACCEPTANCE
After the work has been accepted in writing by the Director, as provided in Section 7-1.17, "Acceptance of Contract," payments will be made to the Contractor subject to the provisions in this Section 9-1.07. 9-1.07A PAYMENT PRIOR TO PROPOSED FINAL ESTIMATE
After acceptance of the work by the Director, the Engineer will make an estimate of the total amount of work done under the Contract and the City of Vallejo will make a final monthly payment pending issuance of the proposed final estimate. The City of Vallejo will pay the balance thereon found to be due after deduction of all previous payments, all amounts to be kept or retained under the provisions of the Contract and those further amounts that the Engineer determines to be necessary pending issuance of the proposed final estimate and payment thereon. 9-1.07B FINAL PAYMENT
After written acceptance of the Work as complete by the Director, or the Director’s designated representative, the Engineer will prepare and issue to the Contractor a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of the total amount, segregated as to Contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the Contract. All prior estimates and payments shall be subject to correction in the proposed final estimate.

The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the Contract so that the Engineer receives the written approval or statement of claims no later than close of business of the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of the written approval or statement of claims by the Engineer shall not be later than close of business of the next business day. No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required unless the Contractor has strictly complied with the notice or protest requirements of the Contract Documents.

On the Contractor's approval, or if the Contractor files no claim within the specified period of 30 days, the Engineer will issue a final estimate in writing in accordance with the proposed final estimate submitted to the Contractor. The City of Vallejo will pay any remaining moneys unpaid and found to be due in the proposed final estimate 35 days after the recordation of the Notice of Completion in the records of the Solano County Recorder's Office as per Section 7-1.17, "Acceptance of Contract”. That final estimate and payment thereon shall be conclusive and binding against Contractor on all questions relating to the amount of work done and the compensation payable therefor.

If the Contractor within the specified period of 30 days files claims, the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City of Vallejo will pay the sum so found to be due. The semifinal estimate and payment thereon shall be conclusive and binding against the Contractor on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims filed within the time and in the manner required hereunder. 9-1.07C CLAIMS
The Claims procedures set forth in this section 9-1.07C are in addition to any claims procedures or rights available to Contractor pursuant to California Public Contract Code section 20104-20104.6 or California Public Contract Code section 9204 and Contractor’s exhaustion of its administrative remedies pursuant to this section 9-1.07C is a condition precedent to Contractor pursuing any claim pursuant to California Public Contract Code section 20104- CITY OF VALLEJO 95 Tuolumne, Georgia & Catalina TRMSS
20104.6 or California Public Contract Code section 9204 A. General. A “Claim” means a written demand or written assertion by Contractor to adjust, alter, modify, or otherwise change the Contract price or the Contract time, or both. All claims filed hereunder shall strictly comply with all requirements of the Contract Documents.

In order to qualify as a “Claim,” the written demand must state that it is a claim submitted under Section 9-1.07C of the Contract Documents. A letter, voucher, invoice, payment application, or other routine or authorized form of request for payment is not a Claim under the Contract Documents. If such a request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a Claim under the Contract Documents by submitting a separate claim in compliance with claim submission requirements.

A Claim must be stated with specificity, including identification of the event or occurrence giving rise to the Claim, the date of the event, and the asserted affect on the Contract price and the Contract time, if any. The Claim shall include adequate supporting data. Adequate supporting data for a Claim for an adjustment of the Contract time shall include scheduling data demonstrating the impact of the event on the controlling operation and completion of the Project. Adequate supporting data for a Claim for an adjustment in the Contract price shall include a detailed cost breakdown of items included within the Claim and documentation supporting each item of cost.

Notwithstanding and pending the resolution of any Claim, the Contractor shall diligently prosecute the disputed work to final completion of the work. Contractor shall impose the Claim notice and documentation requirements in this Contract on Contractor’s subcontractors of all tiers, and require them to submit to the Contractor all Claims against Contractor and/or City within the times and containing the documentation required by these provisions. The Claim notice and documentation procedure described in these provisions applies to all claims and disputes arising under the Contract Documents, whether or not specifically referred to in any specific portion of the Contract.

If additional information or details are required by the Engineer to determine the basis and amount of any Claims, the Contractor shall furnish additional information or details so that the additional information or details are received by the Engineer no later than the fifteenth day after receipt of the written request from the Engineer. If the fifteenth day falls on a Saturday, Sunday or legal holiday, then receipt of the information or details by the Engineer shall not be later than close of business of the next business day. Contractor understands and agrees that failure to submit the information and details to the Engineer within the time specified shall be result in Contractor waiving that Claim.

The Contractor and all subcontractors shall keep full and complete records of the costs and additional time incurred for any work for which a Claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Contractor agrees that failure to permit access to those records waives Contractor’s Claims.

The City of Vallejo, or its authorized representatives, shall have access, upon reasonable notice, during normal business hours, to Contractor and subcontractors' books, documents and accounting records, including but not limited to, bid worksheets, bids, subcontractor bids and proposals, estimates, cost accounting data, accounting records, payroll records, time sheets, canceled checks, profit and loss statements, balance sheets, project correspondence including but not limited to all correspondence between Contractor and its sureties and subcontractors/vendors, project files, scheduling information, and other records of the Contractor and all subcontractors directly or indirectly pertinent to the work, original as well as change and claimed extra work, to verify and evaluate the accuracy of cost and pricing data submitted with any change order, prospective or completed, or any claim for which additional compensation has been requested or claim has been tendered. Such access shall include the right to examine and audit such records, and make excerpts, transcriptions, and photocopies at City of Vallejo's cost.

The parties agree that in the event Contractor or any subcontractor fails to comply with this section, it would be difficult for the City of Vallejo to determine its actual damages; therefore, Contractor agrees to pay City of Vallejo, as liquidated damages, the sum of Two hundred fifty dollars ($250.00), which Contractor agrees is reasonable under the circumstances, for each and every calendar day which Contractor or a subcontractor fails or refuses to provide the City of Vallejo, access to the documents, records and materials specified in this section.

B. Disputes
CITY OF VALLEJO 96 Tuolumne, Georgia & Catalina TRMSS
Contract Interpretation Disputes: Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, the Contractor shall give written notice to the City of Vallejo. The Contractor shall bear all costs incurred in the giving of such notice.

All issues regarding the interpretation of the drawings or specifications shall be referred to the City for interpretation.

The City shall have the right but not the obligation to affirm or disaffirm any interpretation of the drawings or specifications, which affirmance or disaffirmance shall be final. If the Contractor should disagree with the City’s decision, the Contractor’s sole and exclusive remedy is to file a Claim in accordance with these provisions.

Work Disputes: Should any dispute arise under the Contract Documents respecting the true value of any work performed, the implementation of the Work required by the Contract Documents, any Work omitted, any extra work which the Contractor may be required to perform or time extensions, respecting the size of any payment to the Contractor during the performance of the Contract Documents, or of compliance with Contract Documents procedures, the dispute shall be decided by the City of Vallejo and its decision shall be final and conclusive. If the Contractor disagrees with the City’s decision, the Contractor’s sole and exclusive remedy is to file a claim in accordance with these provisions.

C. Delays. As used herein, the following terms shall have the following meanings:
"Excusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time caused by conditions beyond the control and without the fault or negligence of the Contractor 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. An Excusable Delay may entitle the Contractor to an adjustment in the Contract time. "Compensable Delay" means any delay of the completion of the work beyond the expiration date of the Contract time caused by the gross negligence or willful acts of the City of Vallejo, and which delay is unreasonable under the circumstances involved, and not within the contemplation of the parties. A Compensable Delay may entitle the Contractor to an extension of the Contract time and/or Contract price. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. "Unexcusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time resulting from causes other than those listed above. An Unexcusable Delay shall not entitle the Contractor to an extension of the Contract time or an adjustment of the Contract price.

The Contractor may make a Claim for an extension of the Contract time, for an Excusable Delay or a Compensable Delay, subject to the following:

1. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract time shall be the number of days from the commencement of the first delay to the cessation of the delay which ends last.

2. If an Unexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract time shall be the number of days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Unexcusable Delay.

3. If an Unexcusable Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension in the Contract time shall be the number of days, if any, by which the number of days determined pursuant to Subparagraph (a) exceeds the number of days of the Unexcusable Delay.

4. For a Compensable Delay, the Contractor shall only be entitled to an adjustment in the Contract Sum in an amount equal to: (1) the actual additional labor costs, material costs, and unavoidable equipment costs incurred by the Contractor as a result of the Compensable Delay, plus the actual additional wages or salaries and fringe benefits and payroll taxes of supervisory and administrative personnel necessary and directly employed at the Project site for the supervision of the work during the period of Compensable Delay; or (2) CITY OF VALLEJO 97 Tuolumne, Georgia & Catalina TRMSS
the Contractor’s Daily Delay Damages set forth in the Bid Form, whichever is less. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. There shall be no Compensable Delay unless the event or occurrence giving rise to the Compensable Delay extends the actual completion of the Project past the Contract time.

The parties agree that the City of Vallejo's exercise of its right to order changes in the work, regardless of the extent and number of changes, or to suspend the work, is within the contemplation of the parties and shall not be the basis for any Claim for Compensable Delay. The rights of the Contractor to adjustments of the Contract time and the Contract sum, based on changes ordered in the work or suspension of the work, shall be governed by this provision.

Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, Contractor shall not cause any delay, cessation, or termination in or of Contractor's performance of the work but shall diligently proceed with performance of the work in accordance with the Contract Documents.

Contractor agrees that the daily Contractor Daily Delay Damages as set forth in the Proposal Form shall be full compensation to Contractor, all subcontractors and anyone for whom they may be legally responsible, for each day of delay that may be caused by City of Vallejo or anyone for whom City of Vallejo is legally responsible, including but not limited to, extended field costs, extended home overhead costs, impact, inefficiency, unabsorbed home office overhead, underabsorbed home office overhead, hindrance, disruption or any other damage arising from delay, no matter how characterized and regardless of the cause, extent or duration of the delay. Inclusion of Contractor Daily Delay Damages within the Proposal Form is solely for the purpose of determining the low Bidder and establishing the City of Vallejo’s maximum daily liability as a result of City of Vallejo delays to Contractor, if any, and City of Vallejo has no obligation to pay any Contractor Daily Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City of Vallejo becomes liable to Contractor for compensable delays, City of Vallejo agrees to pay Contractor the Daily Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.

D. Claim Procedures. Should any clarification, determination, action or inaction by the City, Work, or any event, in the opinion of the Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in the Contractor seeking additional compensation in time or money for any reason (collectively “Disputed Work”), then the Contractor and the City shall make good faith attempts to resolve informally any and all such issues and/or disputes. The Contractor must file a written Notice of Potential Claim with the City on the form provided in the Contract Documents before commencing the Disputed Work, or within seven (7) calendar days after Contractor’s first knowledge of the Disputed Work, whichever is earlier, stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract Documents. If a written Notice of Potential Claim is not filed within this time period, or if the Contractor proceeds with the Disputed Work without first having filed the notice required by these provisions, the Contractor shall waive any rights to further claim on the specific issue.

The City will review the Contractor’s timely Notice of Potential Claim and provide a decision. The City may require supplemental information from the Contractor to clarify that contained in the Notice of Potential Claim. If, after receiving the City’s decision, the Contractor disagrees with the decision, the Contractor shall so notify the City, in writing, within seven (7) calendar days after receiving the decision, that a formal Claim will be filed. The Contractor shall submit the Claim in the form specified herein and all arguments, justification, costs or estimates, schedule analyses, and detailed documentation supporting the Contractor’s position within thirty (30) calendar days after receiving the City’s decision on the Notice of Potential Claim. The Contractor’s failure to furnish notification within seven (7) calendar days and all justifying documentation within thirty (30) calendar days will result in the Contractor waiving all rights to the subject Claim.

If Disputed Work persists longer than thirty (30) calendar days after receiving the City’s decision on the Notice of Potential Claim, then the Contractor shall, every thirty (30) calendar days until the Disputed Work ceases, submit to the City a document titled “Claim Update” which shall update and quantify all elements of the Claim as completely as possible. The Contractor’s failure to submit a Claim Update or to quantify all costs and impacts every thirty (30) days shall result waiver of that portion of the Claim for that thirty (30) day period. Claims or Claim Updates stating that damages will be determined at a later date shall not comply with the requirements of these provisions and shall result in the Contractor waiving such Claim(s) and/or Claim Updates.

CITY OF VALLEJO 98 Tuolumne, Georgia & Catalina TRMSS
All Claims must be submitted to Engineer before the issuance of the final estimate. Contractor hereby expressly waives all Claims not submitted, in complete and proper form, on or before the date of issuance of the final estimate.

Upon receipt of the Contractor’s formal Claim including all arguments, justifications, costs or estimates, schedule analyses, and documentation supporting the Contractor’s position as previously stipulated, the City or its designate will review the Claim and render a final determination. If the Contractor’s Claims at project completion total less than $375,000, then claims resolution shall proceed in the manner prescribed by Article 1.5, Chapter 1, Part 3 of Division 2 of the California Public Contract Code.

Claims shall be calculated in the same manner as extra work using the procedures set forth in Section 9-1.03 “Force Account Payment.” This method applies in all cases of Claims, regardless of type, whether in negotiation, arbitration, litigation, and even applies in the event of fault, negligence, strict liability, or tort claims of all kinds, including strict liability or negligence. No other costs arising out of or connected to with the performance of Claims, of any nature, may be recovered by the Contractor. Except where provided by law, or elsewhere in these Contract Documents (if applicable), the City shall not be liable for special or consequential damages, and Claims shall not include special or consequential damages. Contractor shall be limited in its recovery on Claims to the calculations set forth in Section 9-1.03 of these provisions.

E. Claim Format. The Contractor shall submit the Claim justification in the following format:

1. Cover letter and certification of the accuracy of the contents of the Claim;

2. Summary of Claim including underlying facts, entitlement, quantum calculations and Contract Document provisions supporting relief;

3. List of documents relating to Claim including drawings, specifications, clarifications/requests for information, schedules and others;

4. Chronology of events and correspondence;

5. Analysis of Claim merit;

6. Analysis of Claim costs;

7. Attached supporting documents referenced in Item 3.) above.

F. Exclusive Remedy. The Contractors performance of its duties and obligations specified in these provisions and submission of a Claim as provided in these provisions is the Contractor’s sole and exclusive remedy for the payment of money, extension of time, adjustment or interpretation of Contract Documents terms or other contractual or tort relief arising from the Contract Documents. This exclusive remedy and the limitation of liability (expressed herein and elsewhere throughout the Contract Documents) apply notwithstanding the completion, termination, suspension, cancellation, breach or rescission of the Work or the Contract Documents, negligence or strict liability by the City of Vallejo, its representatives, consultants or agents, or the transfer of the Work or the Project to the City for any reason whatsoever. The Contractor waives all claims of waiver, estoppel, release, bar, or any other type of excuse for non-compliance with the Claim submission requirements. Compliance with the notice and Claim submission procedures described in these provisions is a condition precedent to the right to commence litigation, file a Government Code Claim, or commence any other legal action. No Claim or issues not raised in a timely protest and timely Claim submitted under these provisions may be asserted in any Government Code Claim, subsequent litigation, or legal action. The City of Vallejo shall not have deemed to waive any provision under this Section, if at the City’s sole discretion, a Claim is accepted in a manner not in accord with this Section.

G. Mediation. All Claims not subject to the Claim resolution procedures set forth in these provisions shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be non-binding and utilize the services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, a mediator selected by the American Arbitrator Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation’s conclusion. All unresolved claims shall be submitted to the same CITY OF VALLEJO 99 Tuolumne, Georgia & Catalina TRMSS
mediator. The cost of mediation shall be equally shared. 9-1.075 FALSE CLAIMS
California Penal Code section 72, provides that any person who presents for payment with intent to defraud any district board or officer, any false or fraudulent claim, bill, account, voucher, or writing, is punishable by fines not exceeding ten thousand dollars ($10,000.00) and/or imprisonment in the state prison.

Government Code sections 12650, et seq., pertains to civil penalties that may be recovered from persons (including corporations, etc.) for presenting a false claim for payment or approval, presents a false record or statement to get a false claim paid or approved, or other acts, to any officer or employee of any political subdivision of the State of California. Any person or corporation violating the provisions of Government Code sections 12650, et seq., shall be liable for three times the amount of the damages of the political subdivision, plus a civil penalty, plus costs.

All Claims by Contractor, shall include the following certification, properly completed and executed by Contractor or an officer of Contractor:

I, __________________, BEING THE _________________ (MUST BE AN OFFICER) OF _____________________ (CONTRACTOR), DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT: I HAVE THOROUGHLY

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 REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE OWNER IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 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.

Contractor agrees that submission of a Claim, in strict conformance with all of the requirements of this Contract, and rejection of all or part of said Claim by City of Vallejo, is a condition precedent to any action by Contractor against City of Vallejo, including but not limited to, the submission of a claim pursuant to Government Code section 900, et seq., and the filing of a lawsuit.

Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant provided by Contractor with the claim.

Contractor agrees that any costs or expenses incurred by the City of Vallejo in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other records, or the Contract, shall be deemed to be damages incurred by the City of Vallejo within the meaning of the California False Claims Act.

Upon final determination of the claims, the Engineer will then make and issue the Engineer's final estimate in writing and within 30 days thereafter the City of Vallejo will pay the entire sum, if any, found due thereon. That final estimate shall be conclusive and binding against Contractor on all questions relating to the amount of work done and the compensation payable therefor.
9-1.08 (BLANK)
9-1.09 CLERICAL ERRORS
Notwithstanding the provisions in Section 9-1.07, "Payment After Acceptance," for a period of 3 years after acceptance of the work, all estimates and payments made pursuant to Section 9-1.07, including the final estimate and payment, shall be subject to correction and adjustment for clerical errors in the calculations involved in the determination of quantities and payments. The Contractor and the City of Vallejo agree to pay to the other any sum CITY OF VALLEJO 100 Tuolumne, Georgia & Catalina TRMSS due under the provisions of this Section 9-1.09, provided, however, if the total sum to be paid is less than $200, no payment shall be made.
9-1.10 (BLANK)
9-1.11 CONTRACTOR NOT AN AGENT OF THE CITY OF VALLEJO
The right of general supervision shall not make the Contractor an agent of the City of Vallejo, and the liability of the Contractor for all damages to persons or to public or private property arising from the performance of the work shall not be lessened because of such general supervision.
9-1.12 THIRD-PARTY CLAIMS
The Contractor shall be responsible for all third-party claims, and for costs or injuries incurred by a third party which result from the operations of the Contractor, or its performance under the Contract. 9-1.13 GUARANTEE
Should any failure of the work occur within a period of one year after recordation of the notice of completion of the project or portions thereof, which can be attributed to faulty materials, poor workmanship, or defective equipment, the Contractor shall promptly make the needed repairs at Contractor's expense.

The City of Vallejo is hereby authorized to make such repairs if the Contractor fails to make or undertake with due diligence the aforesaid repairs within ten (10) days after Contractor is given written notice of such failure and without notice to the surety provided, however, that in case of emergency where, in the opinion of the City of Vallejo, delay would cause serious loss or damages, or a serious hazard to the public, the repairs may be made or lights, signs, and barricades erected, without prior notice to the Contractor or surety, and the Contractor shall pay the entire costs thereof.
9-1.14 MISCELLANEOUS PROVISIONS
This Contract shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor, and to the successors in interest of City of Vallejo, in the same manner as if such parties had been expressly named herein.

This Contract shall be governed by the laws of the State of California.

If any one or more of the provisions contained in the Contract should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

This Contract constitutes the full and complete understanding of the parties, and supersedes any previous agreements or understandings, oral or written, with respect to the subject matter hereof. The Contract may only be modified by a written instrument signed by both parties.

Contractor hereby assigns to City of Vallejo all its first-tier subcontracts now or hereafter entered into by Contractor for performance of any part of the work. The assignment will be effective upon acceptance by City of Vallejo in writing, and only as to those subcontracts which City of Vallejo designates in writing. Such assignment is part of the consideration to City of Vallejo for entering into the Contract with Contractor, and may not be withdrawn.

CITY OF VALLEJO 101 Tuolumne, Georgia & Catalina TRMSS The provisions of the Contract Documents shall be included in all subcontracts. 9-1.15 PUBLIC CONTRACT CODE SECTION 20104, ET SEQ.

Public Contract Code section 20104, et seq., requires that the following language be set forth in the specifications:
§ 20104. Application of article; provisions included in plans and specifications. (i) (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 a 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 Section 10240) of Chapter 1 of Part 2. (ii) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" 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.
(iii) The provisions of this article or a summary thereof shall be set forth in the plans or specification for any work which may give rise to a claim under this article. (iv) This article applies only to contracts entered into on or after January 1, 1991. § 20104.2. Claims; requirements; tort claims excluded.

For any claim subject to this article, the following requirements apply:
(v) 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.
(vi) (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 no greater than that taken by the claimant in producing the additional information, whichever is greater. (vii) (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.

CITY OF VALLEJO 102 Tuolumne, Georgia & Catalina TRMSS (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 no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(viii) 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 issues in dispute. Upon request, the local agency shall schedule a meeting and confer conference within 30 days for settlement of the dispute. (ix) 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 Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to 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.
(x) 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 Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
§ 20104.4. Civil action procedures; mediation and arbitration; trial de novo; witnesses The following procedures are established for all civil actions filed to resolve claims subject to this article:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, 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.
(ii) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(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 Section 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 CITY OF VALLEJO 103 Tuolumne, Georgia & Catalina TRMSS 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. (4) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
§ 20104.6. 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.

In any suit filed under Section 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.
9/1.16 Public Contract Code section 9204
Public Contract Code section 9204 requires that the following language be set forth in the specifications:
(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.

CITY OF VALLEJO 104 Tuolumne, Georgia & Catalina TRMSS (ii) The Department of Transportation as to any project under the jurisdiction of that department. (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 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.
(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 CITY OF VALLEJO 105 Tuolumne, Georgia & Catalina TRMSS 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 regarding 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 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 regarding 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 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, 2030, and as of that date is repealed, CITY OF VALLEJO 106 Tuolumne, Georgia & Catalina TRMSS unless a later enacted statute, that is enacted before January 1, 2030, deletes, or extends that date.

END OF SECTION

SECTION C - WAGE AND EQUIPMENT RATES
CITY OF VALLEJO 107 Tuolumne, Georgia & Catalina TRMSS

1. Prevailing Wage Rates
In accordance with the provisions of Section 1770 of the Labor Code of the State of California, the Director of the Department of Industrial Relations (DIR) has determined the general prevailing rate of per diem wages applicable to the work to be done, and a current copy of said prevailing wages is on file with the City Clerk and available at the DIR website:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
Should the minimum Federal Wage Rate be higher than the rate determined by the Director of the Department of Industrial Relations, then the Federal Wage Rate Determination shall govern.

The successful bidder will be required to post a copy of these general prevailing rates of per diem wages in a conspicuous place at the job site forthwith upon undertaking the public work called for herein.

In addition, the City Charter of the City of Vallejo requires that the Contractor and all his/her Subcontractors shall pay their employees on said work a salary or wage at least equal to the prevailing salary or wage for work of similar character in the locality in which the public work is performed. The Contractor shall, as a penalty, forfeit to the City FIFTY DOLLARS ($50.00) for each calendar day or portion thereof, for each employee paid less than the prevailing salary or wage for any public work done under the contract by him/her or any subcontractor under him/her.

The State Labor Code states that for violations of public works laws relating to payment of prevailing wages, the City of Vallejo will be required to withhold from any progress payments owed to a contractor any amounts that have been forfeited as penalties, or as wages owed to employees, who have not been paid the prevailing wage for work performed. Effective 1/1/93, the City is required to directly transfer all withheld wages and penalties to the Labor Commissioner for disbursement in those cases where a contractor fails to bring a lawsuit for amounts withheld within 90 days after the completion of the public works contract and formal acceptance of the job by the City.

Also, the Labor Commissioner is permitted to intervene in any lawsuit brought by the contractor against an awarding body for recovery of amounts withheld. In the event that the contract does not prevail in the lawsuit to recover the amounts withheld, the wages and penalties will then be forwarded to the Labor Commissioner for disbursement in the manner previously described.

2. Payroll Record
In accordance with the provisions of Section 1776 of the Labor Code of the State of California, the Contractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractor in connection with this project.

This payroll record shall be certified and available for inspection at all reasonable hours at the principal office of the successful bidder and a certified copy shall be furnished within ten (10) days after receipt of a written request by the following parties:

A. An employee or his/her authorized representative
B. City's representative
C. Representative of Labor Standard Enforcement and Division of Apprenticeship Standard of Department of Industrial Relations.

Any copy of the payroll record made available for inspection and furnished to the public through the above entities shall not disclose names, addresses or social security numbers of individual employees except the name and address of the Contractor.

In the event of non-compliance with the requirement of this subdivision, the Contractor shall have ten (10) days CITY OF VALLEJO 108 Tuolumne, Georgia & Catalina TRMSS in which to comply subsequent to receipt of written notices from the State or City. If the non-compliance is still evident after the ten-day period, the Contractor shall, as a penalty, forfeit to the City TWENTY-FIVE DOLLARS ($25.00) for each calendar day, for each employee, until strict compliance is effectuated.

3. Equipment Rental Rates
Equipment rental will be paid for as provided under Section 9-1.03A of the State Standard Specifications at the rates listed in the EQUIPMENT RENTAL RATES TABLE of the State of California, Department of Public Works, Division of Highways, latest issue, for use in their Special Provisions, a copy of which Table of Rates is filed in the City Engineer's Office and available at the Caltrans website:
https://dot.ca.gov/programs/construction/equipment-rental-rates-and-labor-surcharge

END OF SECTION

SECTION D - TECHNICAL SPECIFICATIONS

CITY OF VALLEJO 109 Tuolumne, Georgia & Catalina TRMSS

TABLE OF CONTENTS
PAGE
SECTION D: TECHNICAL SPECIFICATIONS…………………………………..………………………………………………..131 D-01 ORDER OF WORK..................................................................................................................................................................... 1332 D-02 MOBILIZATION ..........................................................................................................................................................................134 D-03 SUBMITTALS ..............................................................................................................................................................................135 D-04 TRAFFIC CONTROL.....................................................................................................................................................................149 D-05 CONSTRUCTION AREAS .............................................................................................................................................................153 D-06 SLURRY SEAL..............................................................................................................................................................................155 D-07 CRACK SEAL ...............................................................................................................................................................................166 D-08 WATER POLLUTION CONTROL...................................................................................................................................................169 D-09 STRIPPING..................................................................................................................................................................................173 D-10 TIRE RUBBER MODIFIED SURFACE SEALER REQUIRMENTS.......................................................................................................177 D-11 CLEARING, GRUBBING, AND REMOVALS……………………………………………………………………………………………………………….……………….181 SECTION D: TECHNICAL SPECIFICATIONS
CITY OF VALLEJO 110 Tuolumne, Georgia & Catalina TRMSS D-01 ORDER OF WORK
PART 1 GENERAL

1.01 SCOPE OF WORK
A. Order of work shall conform to the provisions in Section 5-1.05, “Order of Work,” of the Standard Specifications and these special provisions.

B. Attention is directed to Section B.8-1.01, “Subcontracting,” paragraph 5 and 6 of these special provisions.

C. Attention is directed to Section B.7-1.04 “Permits and Licenses,” of these special provisions. Immediately upon award of the contract the Contractor shall apply for and obtain any permits necessary to complete this project.

D. Attention is directed to Maintaining Traffic elsewhere in these special provisions.

PART 2 MATERIALS

NOT APPLICABLE
PART 3 EXECUTION

3.01 PERMITS AND INSURANCE
A Prior to beginning construction on any portion of the project all permits and insurance shall be obtained by the Contractor.

3.02 “NOTICE” TO AFFECTED PARTIES
A. The Contractor is to provide notice to all affected parties of the dates and times that there will be restricted street access and parking adjacent to their parcel. The Contractor shall give a minimum of three (3) days’ notice prior to beginning work adjacent to affected parcels.

B. Notification shall be “door knob hangers”, signs posted along curb and signs at bus stops.

Text shall be as approved by the Engineer. As schedules change, affected areas shall be re- notified/reposted in the above manner as often as is necessary and as directed by the Engineer at no additional cost to the City.

C. Road construction signs, which state any possible closures, detours, delays, etc. shall be provided a minimum of three (3) working days prior to the start of work.

CITY OF VALLEJO 111 Tuolumne, Georgia & Catalina TRMSS

3.03 PRESERVATION OF EXISTING FACILITIES
A. Attention is directed to Section 7-1.11, “Preservation of Property,” of the Standard Specifications and these Special Provisions. Due care shall be exercised to avoid injury to existing street and highway improvements or facilities, utility facilities, adjacent property, and roadside trees, shrubs and other plants that are not to be removed.

B. The Contractor shall contact U. S. A. and Caltrans, if applicable, far enough in advance so that all utilities are marked prior to beginning work. Caltrans does not belong to or participate in U. S. A., therefor the Contractor shall contact Caltrans Electrical Design and request that conduit runs be marked.

C. Before obliterating any pavement delineation that is to be replaced on the same alignment and location, as determined by the Engineer, such pavement delineation shall be referenced by the Contractor, with a sufficient number of control points to reestablish the alignment and location of the new pavement delineation. The references shall also include the limits or changes in striping pattern, including one and two-way barrier lines, limit lines, crosswalks and other pavement markings.

D. Prior to applying asphaltic emulsion (paint binder), the Contractor shall cover all facilities to be adjusted by others with a commercial quality building paper. The Contractor shall reference the covered facilities with a sufficient number of control points to relocate the facilities after the asphalt concrete overlay has been placed. Full compensation for placing the building paper and referencing the facilities 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.

3.04 SCHEDULE OF OPERATIONS AND TRAFFIC CONTROL PLAN
A. The contractor must submit a detailed schedule of operations and a traffic control plan to the City by the date of the pre-construction meeting for its review, comment and approval. No work will begin until the construction schedule and traffic control plan have been approved in writing.

3.05 SEQUENCE OF STREETS
A. The order of streets to be TRMSS shall be determined by the contractor per the streets listed on Appendix B.

B. Crack seal shall be performed on streets listed on Appendix B prior to TRMSS. TRMSS shall be performed One week (7 days) minimum after the crack seal for all streets unless approved by Engineer.

PART 4 MEASUREMENT AND PAYMENT
CITY OF VALLEJO 112 Tuolumne, Georgia & Catalina TRMSS

4.01 MEASUREMENT AND PAYMENT
A. Payment for all aspects of Order of Work is considered to be included in the various items of work and no additional compensation will be allowed therefore.

D-02 MOBILIZATION
PART 1 GENERAL

1.01 SCOPE OF WORK
A. Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site.

PART 2 MATERIALS
A. Magnetic Project Signs on all construction equipment and vehicles as shown below used on this project.

PART 3 EXECUTION

3.01 MOBILIZATION
A. Mobilization shall conform to Section 11 of the Caltrans Standard Specifications.

3.02 MAGNETIC SIGNS
A. Contractor shall submit a sign proof for City approval prior to sign construction.

B. Magnetic Signs of the project shall be shown on all construction equipment and vehicles as shown below.

C. After completion of the project, Contractor shall deliver the signs in good repaired condition to the City Corp Yard at 111 Amador Street, Vallejo.

PART 4 MEASUREMENT AND PAYMENT

4.01 MEASUREMENT AND PAYMENT
A. Measurement and payment for “Mobilization” shall be paid for by the contract lump sum CITY OF VALLEJO 113 Tuolumne, Georgia & Catalina TRMSS price as shown as Bid Item No. 1, on the Bid Sheet. The contract lump sum price paid shall include bonds, insurance, mobilizing and demobilizing of all equipment and personnel to and from the work areas, full compensation for all work involved for furnishing all labor, tools, equipment and incidentals, complete in place, as shown on the plans, as specified in the specifications, and as directed by the Engineer.

B. Measurement and payment for Magnetic Signs as shown below shall be paid for by the contract lump sum as shown as Bid Item No. 1, 16, 28 on the Bid Sheet. The contract lump sum price paid shall include bonds, insurance, full compensation for all work involved for furnishing all labor, tools, equipment and incidentals, complete in place, as specified in the specifications, and as directed by the Engineer.

Magnetic Signs on all equipment and vehicles.

D-03 SUBMITTALS
PART 1 - GENERAL

1.01 SUMMARY
A. This Section describes the requirements for and types of submittals:

1. Submittal requirements specified in this Section include shop drawings, product data, samples, and miscellaneous Work related submittals.

2. Specific requirements for Work - related submittals are specified in applicable Sections for each unit of Work.

B. Engineer's Review:

1. Intent of Engineer's review of shop drawings is to give a preview in an effort to foresee unacceptable materials or assemblies and to avoid the possibility of their rejection at the Project Site.

2. Engineer will review submittals only for conformance with the design concept of the Project and with the information given in the Contract Documents.

CITY OF VALLEJO 114 Tuolumne, Georgia & Catalina TRMSS

3. The Engineer's review of shop drawings will be general and shall not be construed:
a. As relieving Contractor of responsibility for omissions or errors, including details, dimensions, materials, etc.;
b. That review of a separate item indicates acceptance of an assembly in which the item functions.

1.02 QUALITY ASSURANCE
A. Submittal Log: Following Notice to Proceed, the Engineer will prepare a list of items (Submittal Log) that the Contractor is required by the Specifications to submit for review.

1. The Submittal Log will designate submittal number, submittal type, description, and quantity for each entry.

2. Within 10 working days after receipt of submittal log from Engineer, provide information in Columns marked "Sub Contr. Name", "Supplier", "Date Sched.”, and "Date Eqp. Del"; and return for review.

B. The explanation and instructions for use of the Submittal Log and a sample Submittal Log sheet are included at the end of this Section.

C. Product Confirmation: Prepare product confirmation list for products specified in Sections that do not require submittals.

1. Prepare list in same sequence as Project Manual Table of Contents, with each item cross-referenced to corresponding Specification Section on forms furnished by Engineer (sample included at end of this Section).

2. For these products, no additional submittals are required beyond confirmation listing. Submit product confirmation list with submittal of marked-up Submittal Log.

D. As construction schedule is changed and/or updated, submit a marked copy of the Submittal Log showing changes to scheduled dates.

1. The Engineer will input information supplied by the Contractor onto the Submittal Log, tabulate submittal dates on log, update "Action" taken/required as well as show status of submittals, and distribute updated copies of log on a monthly basis.

2. No extension of time will be granted, nor will consideration be given to claims arising out of Contractor's failure to submit shop drawings, product data, samples, or related submittals which do not allow adequate lead time for Engineer's review, and also do not allow ample time for revision, resubmission, and subsequent review by Engineer as required.

CITY OF VALLEJO 115 Tuolumne, Georgia & Catalina TRMSS E. Performance: Promptly check each submittal for accuracy, completeness, and applicability.

1. Review for compliance, approve, and submit each submittal with reasonable promptness and in sequence that causes no delay in the Work or in the work of the Owner or any separate Contractor.

2. Identify each submittal to include name of Project, Specification Section, supplier, source, finish, and location of use in the Project.

F. Submittal Validity:

1. Submittals which are not required, or which are submitted without Contractor's approval, will not be processed by Engineer but will be returned to Contractor for compliance with Contract Document requirements.

2. In that event, it shall be deemed that Contractor has not complied with requirements of the Contract Documents, and Contractor shall bear responsibility for all delays as if no submittals had been submitted.

1.03 GENERAL SUBMITTAL REQUIREMENTS
A. Scheduling: Where appropriate in various required administrative submittals (listing of products, manufacturers, suppliers, subcontractors, and in job progress schedule), show principal Work-related submittal requirements and time schedules for coordination and integration of submittal activity with related Work.

B. Coordination and Sequencing:

1. Coordinate preparation and processing of submittals with performance of the Work, so that Work will not be delayed by submittals.

2. Coordinate and sequence different categories of submittals for same Work and for interfacing units of Work, so that one will not be delayed for coordination with another.

3. No extension of time will be allowed because of failure to properly coordinate and sequence submittals.

C. Provide submittal material of types indicated in individual Sections of this Project Manual.

1. Provide permanent marking on each submittal to identify Project, date, Contractor, subcontractor, submittal name, and similar information to distinguish it from other submittals.

2. Show Contractor executed review, clearly exhibiting check marks and stamped approved marking acceptance, and provide space for Engineer's review or action marking.

3. Package each submittal appropriately for transmittal and handling.

CITY OF VALLEJO 116 Tuolumne, Georgia & Catalina TRMSS

4. Do not allow required shop drawing copies to be used in connection with the Work without appropriate final "Action" markings by Engineer.

D. Provide submittals as follows:

1. Each submittal shall be submitted with the cover sheet issued by the Engineer (sample included at end of this Section).

2. Number all submittals with assigned numbers from submittal log.

3. Sign and date, with Contractor's review stamp on each sheet of submitted material indicating that submittal is in conformance with Contract Documents. a. On submittals containing numerous small sheets, such as hardware schedules and product data, Contractor shall "review stamp" the submittal cover sheet.
b. Submittals received without Contractor's stamp will be returned "No Action Taken."

4. Provide submittals for equipment in a given system at one time, each complete set in a separate binder.

5. When manufacturer's or fabricator's brochures, literature, and data sheets are submitted, identify clearly the system or product specified from other systems or products contained within preprinted information.
a. All options to be included shall be clearly identified. b. Suppliers' letters will not be considered or acted on instead of manufacturer's printed information and instructions.

6. Indicate types, gauges, style, finishes, etc., of materials on submittals. a. Include sufficient data to permit a detailed study of product or system submitted.
b. Include manufacturer's installation instructions and test reports where applicable.

7. Mark each submittal to clearly indicate use for which product, material, or procedure is being submitted.

8. Mark each item submitted with the applicable page and paragraph number of the Specification Section and/or the detail and sheet number of the Contract Drawings.

9. Piping, conduit, equipment, etc., submittals shall be accompanied with support/suspension information intended to be used for installation.

CITY OF VALLEJO 117 Tuolumne, Georgia & Catalina TRMSS

10. Efforts will be made to expedite submittals marked as "rush," provided all submittals are not marked "rush."
a. Transmittals/submittals marked "rush" and sent by regular mail will not be given preferential attention.
b. Suppliers' letters will not be considered or acted on instead of manufacturer's printed information and instructions.

1.04 SPECIFIC CATEGORY SUBMITTAL REQUIREMENTS
A. General: Except as otherwise indicated in individual Sections, comply with requirements specified in this Section for each indicated submittal category.

B. Shop Drawings: Furnish newly prepared information, on reproducible sheets, with graphic information at accurate scale (except as otherwise indicated) with name of preparer indicated (firm name).

1. Show dimensions and notes which are based on field measurement.

2. Identify materials and products in the work shown.

3. Indicate compliance with standards, and special coordination requirements.

4. Initial Submittal: One correctable translucent reproducible print and 3 blueline or blackline prints.
a. Reproducible and 1 print will be returned.
b. Initial submittal is final submittal if Engineer's action marking does not indicate either "Revise and Resubmit" or "Rejected."

5. Final Submittal: One correctable translucent reproducible print and 3 blueline or blackline prints, plus 2 additional prints where required for maintenance manuals. a. Prints will be retained and reproducible will be returned. b. Furnish sufficient field copies of final shop drawings for construction and coordination use.

C. Product Data:

1. Collect required data into 1 submittal for each unit of Work or system. a. Mark each copy to show which choices and options are applicable to the Project.

CITY OF VALLEJO 118 Tuolumne, Georgia & Catalina TRMSS

2. Submittal: Do not submit product data or allow its use on the Project until compliance with requirements of Contract Documents has been confirmed. a. Submittal is for information and record, unless otherwise indicated. b. Initial submittal is final submittal unless returned promptly by Engineer marked with an action which indicates an observed noncompliance.
c. Submit 6 copies; Engineer will keep 3 copies and return the rest.

3. Installer Copy: Do not proceed with installation of materials, products, or systems until a copy of approved applicable product data is in possession of installer.

D. Samples:

1. Provide units identical with final condition of proposed materials or products for the Work.
a. Include "range" samples (not less than 3 units) where unavoidable variations must be expected, and describe or identify variations between units of each set.
b. Provide full set of optional samples where Engineer's selection is required.
c. Prepare samples to match Engineer's sample where so indicated. d. Include information with each sample to show generic description, source or product name and manufacturer, limitations, and compliance with standards.
e. Samples are submitted for review and confirmation of color, pattern, texture, and "kind" by Engineer.
f. Engineer will not "test" samples (except as otherwise indicated) for compliance with other requirements, which are therefore the exclusive responsibility of Contractor.

2. Submittal: Provide preliminary submittal of a single set of samples for Engineer's review and initial selection.
a. Initial submittal is final submittal unless returned with "Action" which required resubmittal.
b. Submit 2 sets of samples in final submittal one set will be returned.

3. Quality Control Set: Maintain returned final set of samples at Project Site, in suitable condition and available for quality control comparisons by Engineer and others.

CITY OF VALLEJO 119 Tuolumne, Georgia & Catalina TRMSS

4. Reusable Samples: Returned samples which are intended or permitted to be incorporated in the Work shall be undamaged at time of use.

E. Mockups: Where mock-ups and similar samples are indicated in individual Work Sections, comply with requirements for "samples" to greatest extent possible, and process transmittal forms to provide a record of activity.

F. Inspection and Test Reports: Classify each as either "shop drawing" or "product data," depending upon whether report is uniquely prepared for Project or a standard publication of workmanship control testing at point of production, and process accordingly.

G. Installation Instructions:

1. Submit 2 copies, one each for Inspector of Record and Engineer.

2. Where installation at Project Site is covered by manufacturer's written installation instructions and/or guidelines, furnish additional copies to fabricators, installers, and others involved in performance of the Work.

H. Guaranties and Warranties:

1. Refer to specific Division 2 through 16 Sections for specific general requirements on guaranties and warranties, product/workmanship bonds, and maintenance agreements.

I. Standards:

1. Where copy submittal is indicated, submit 2 copies, one each for Engineer and Owner.

2. Where workmanship at Project Site and elsewhere is governed by a standard, furnish additional copies to fabricators, installers, and others involved in performance of Work.

J. Closeout Submittals: Refer to "closeout" sections for specific general requirements on submittal of closeout information, materials, tools, and similar items.

1. Record Document Copies: Comply with special provisions and as directed by the Engineer.

2. Maintenance/Operating Manuals: Comply with special provisions and as directed by the Engineer.

3. Materials and Tools: Refer to individual Work Sections for required quantities of spare parts, extra and overrun stock, maintenance tools and devices, keys, and similar physical units to be submitted.

CITY OF VALLEJO 120 Tuolumne, Georgia & Catalina TRMSS K. General Distribution: Provide additional distribution of submittals not included in foregoing copy submittal requirements to subcontractors, suppliers, fabricators, installers, governing authorities, and others as necessary for proper performance of Work.

1.05 ACTION ON SUBMITTALS
A. Engineer's Action: Engineer will review each submittal, mark with "Action" and return within twenty-one (21) calendar days from date of receipt.

B. Where submittal must be held for coordination with other submittals, Contractor will be so advised without delay.

C. Action markings shall be interpreted as follows:

1. "No Exception Taken": Work may proceed, provided it complies with Contract Documents.

2. "Exceptions Noted": Work may proceed, provided it complies with notations and corrections on submittal and with Contract Documents.

3. "Revise and Resubmit" or "Rejected": Do not proceed with Work. Revise submittal in accordance with notations thereon, and resubmit without delay to obtain a different action marking.

PART 2 - PRODUCTS

NOT USED
PART 3 - EXECUTION

3.01 SUBMITTAL LOG
A. PURPOSE

1. Identify products/materials to be used on the Project and manufacturer/brand and subcontractor responsible for installation of same.

2. Define submittal number, description, type, and quantity of submittals required.

3. Monitor status of submittal as they proceed through the review process.

4. Ensure, insofar as possible, that the Project will not be adversely affected by the submittal review process.

B. ENGINEER'S RESPONSIBILITIES
CITY OF VALLEJO 121 Tuolumne, Georgia & Catalina TRMSS

1. Prepare a product confirmation list of items which the Contractor is required by specifications to submit for review (see attached sample).

2. Designate submittal number, submittal type, description and quantity, for each entry requiring a submittal.

3. Input information supplied by the Contractor onto the submittal log.

4. Tabulate submittal dates on log, show "Action" taken/required and show status of submittals.

5. Distribute updated copies of log on a monthly basis.

C. CONTRACTOR'S RESPONSIBILITIES

1. Within ten (10) working days after receipt of Submittal Log from Engineer, provide information in Columns marked "SUB CONTR NAME", "SUPPLIER", "DATE SCHED", and "DATE EQP DEL" and return for review.

2. Provide Engineer with red marked copy of log showing any necessary changes to "Scheduled Dates" on a monthly basis.

3. Refer to attached SAMPLE for format.

D. DEFINITION OF COLUMN LABELS AND ABBREVIATIONS USED

1. SUBMITTAL NUMBER: (Information supplied by the Engineer) Based on Specification Section - Number consecutively.

Example: For Section 05400 - The first submittal would be numbered 05400-001. Should this submittal need to be resubmitted, it would be numbered 05400-001.01.

2. CONTRACTOR NUMBER: (Information taken from Contractor's submittal) Should the Contractor opt to maintain a separate numbering system, the Engineer would enter that number here for cross-referencing purposes. A separate numbering system by the Contractor is not recommended since it could cause confusion.

3. DESCRIPTION: (Information supplied by Engineer)
This will identify specifically the material to be submitted. A list of submittal types is included below.

4. SUBCONTR NAME: (Information supplied by the Contractor).

CITY OF VALLEJO 122 Tuolumne, Georgia & Catalina TRMSS If the general contractor is submitting this for a subcontractor, that firm's name would be entered here.

5. SUPPLIER: (Information supplied by the Contractor).

The supplier/manufacturer name should be entered here. Example: "General Electric".

6. SUB TYPE: (Information supplied by the Engineer)
This indicates the submittal type:

PRDT - Product Data
SHDG - Shop Drawings
SAMP - Samples
INST - Installation Instruction
TSRP - Test Reports
WARR - Warranties
CLDC - Close-out Documents (O&Ms, As-Builts, etc.)
OTHR - Special requirements dictated by certain projects

7. NUM REQ: (Information supplied by the Engineer)
Refers to number of copies of submittals that are required to be submitted.

8. NUM REC: (Information taken from the Contractor's submittal) Refers to number of copies of submittals actually received.

9. DATE SCHED: (Information supplied by the Contractor).

Prior to sending any submittals, the Contractor will supply an anticipated date the submittal will be sent. This is used by the Engineer to schedule work load in order to return submittals in a timely manner.

10. DATE RECEIVED
This refers to the date the submittal was received by the Engineer.

11. DATE FROM A/E
This refers to the date that the Engineer returned the submittal to the Contractor or Construction Manager.

12. DATE EQP DEL: (Information supplied by the Contractor).

This refers to the date that the material/equipment is scheduled to be delivered to the Job Site.

CITY OF VALLEJO 123 Tuolumne, Georgia & Catalina TRMSS

13. ACTION
This reflects the review stamp that is marked by the Engineer showing what action has been taken with the submittal:

NET - No Exceptions Taken
EXN - Exceptions Noted
R&R - Revise & Resubmit
REJ - Rejected

14. COPIES TO
This refers to the number of copies that went to the Contractor and/or in a few cases to the Owner.

15. STATUS
This refers to the current status of the submittal as of the date printed.

NR NOT RECEIVED: Submittal has not be received from
the Contractor.

PEND PENDING: Has been received and is under review.

COMP COMPLETE: Has been received, marked either No Exception Taken or Exceptions Noted and therefore does not require further submittal.

R&R REVISE AND RESUBMIT: Has been received,
reviewed, and marked either Revise & Return or Rejected, therefore requiring a re-submittal.

CITY OF VALLEJO 124 Tuolumne, Georgia & Catalina TRMSS

SUBMITTAL
NUMBER

CONTRACT
OR
NUMBER

DESCRIPTIO
N

SUBCONTR
NAME

SUPPLIER
SUB
TYPE
NUM
REQ
NUM
REC
DATE
SCHED
DATE
REC
DATE
FROM
A/E
DATE
EQPMT
DEL
ACTION

COPIES TO
OWNER
STATUS
CITY OF VALLEJO 125 Tuolumne, Georgia & Catalina TRMSS

PRODUCT CONFIRMATION LIST
PROJECT: Name PROJECT NO.: CONTRACTOR:

SPECIFICATIO
N

SECTION-
PAGE

SPECIFICATIO
N

PARAGRAPH

DESCRIPTION

OF PRODUCT

MANUFACTUR
ER'S
NAME

SUPPLIER'S
NAME

SUBCONTRAC
TOR'S
NAME

SUBMITTAL COVER SHEET
CITY OF VALLEJO 126 Tuolumne, Georgia & Catalina TRMSS DATE SUBMITTED:

PROJECT NAME:«TITLE»
PROJECT NUMBER: PW109
SUBMITTAL NUMBER:

DESCRIPTION:

OWNER: MANUFACTURER:

SUPPLIER:

CONTRACTOR: SUB-CONTRACTOR:

Contractor Review Stamp Engineer Review Stamp
Remarks:

Copy to:

Signed:

CITY OF VALLEJO 127 Tuolumne, Georgia & Catalina TRMSS D-04 TRAFFIC CONTROL
PART 1 GENERAL

1.01 SCOPE OF WORK
A. This work shall include installation of signs, flagging, traffic-handling equipment, notification to public, devices and other related items to provide for safety and convenience to the public and public traffic during construction.

B. Attention is directed to Sections 7─1.08, "Public Convenience," 7─1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications and to the Section B.7.C, "Public Convenience and Safety" elsewhere in these special provisions, and to these special provisions.

C. Nothing in these special provisions shall be construed as relieving the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7─1.09, "Public Safety," of the Standard Specifications.

D. All streets shall have detour or a combination of lane closure and detour type traffic control unless specifically authorized in writing by the Engineer.

PART 2 MATERIALS
A. All traffic control devices shall conform to Section 12 of the Caltrans Standard Specifications and the State of California Manual of Traffic Controls for Construction and Maintenance Work Zones.

PART 3 EXECUTION

3.01 TRAFFIC CONTROL DEVICES
A. Installation of all traffic control devices shall conform to Section 12 of the Caltrans Standard Specifications.

B. Attention is directed to Sections 7-1.08 and 7-1.09 of these Standard Specifications.

Nothing in these Special Provisions shall be construed as relieving the Contractor of his/her responsibility as provided in these Sections.

C. The Contractor shall submit to the Engineer a plan of its proposed construction operation, together with a layout for traffic control, at the Pre-Construction Conference in accordance with Section A, paragraph 3, of these Special Provisions. The Traffic Control Plan shall be prepared in accordance with this Section 0200, “Traffic Control,” of these Special Provisions. This plan shall be reviewed and approved by the City Traffic Engineer prior to mobilizing equipment on, or performing work in, the public right-of-way.

CITY OF VALLEJO 128 Tuolumne, Georgia & Catalina TRMSS D. A traffic control system shall consist of providing and maintaining flagmen, pilot cars, portable arrow and message boards, lane closures, posting signs, barricades, public notices of pending work, and any other necessary work or equipment to safely control traffic through work areas in accordance with the provisions of Section 12, “Traffic Control Devices,” of the Standard Specifications, the provisions of Section 0200, “Maintaining Traffic & Traffic Control,” of these Special Provisions, and the provisions of the “State of California Manual of Traffic Controls for Construction and Maintenance Work Zones.” The City reserves the right to modify the traffic control system at the expense of the Contractor, if the system is not operating safely and effectively, as determined by the Engineer.

E. All warning signs, lights, delineators, and other devices required for the traffic control as specified in the latest edition of the Caltrans Manual of Traffic Controls and as required by the Engineer, shall be furnished, erected, and maintained by the Contractor at the Contractor's expense. All construction traffic control devices shall be in place and operational prior to beginning work or different phases throughout the construction period.

F. Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders of work areas, including any section closed to public traffic.

G. Whenever vehicles or equipment are parked on the shoulder within six feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25 foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of nine 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. The flag tree shall be placed where directed by the Engineer.

H. All existing traffic control devices shall be maintained by the Contractor at all times during the construction period.

I. Pedestrian access to businesses and residences shall be maintained at the sites at all times. (The Contractor is directed to paragraph 3.02 of this Section for additional details regarding pedestrian access during slurry seal operations.)

3.02 ROAD CLOSURES FOR SLURRY SEAL OPERATIONS
A. One lane of traffic in each direction is to be maintained at all times on all 4-lane roadways.

B. Two-lane streets (or sections of streets) to be slurry sealed shall be closed to all vehicular traffic except for emergency (police, fire and ambulance) vehicles during the sealing and curing period. Streets shall be closed for as short a time as possible, and in all cases shall be opened for use by the public prior to 8 AM and after 5 PM on Monday through Friday, all day on Saturday and Sunday, all day on designated holidays, and when construction operations are not actively in progress.

C. Access for emergency vehicles shall be allowed whenever necessary. Any damage requiring repair due to emergency vehicle usage during the periods of street closure shall be paid CITY OF VALLEJO 129 Tuolumne, Georgia & Catalina TRMSS for as extra work.

D. When placing slurry seal at signalized intersections, the Contractor shall contact the City Traffic Engineer a minimum of 24 hours in advance of working at the intersection in order to modify the signal operation.

E. Contractor shall notify each residence, school, and business of planned slurry sealing adjoining their properties, a minimum of three working days in advance of such work, by furnishing and delivering printed material (i.e. door hangers) to each residence, school, or business indicating when their street and adjacent streets will be closed for sealing. The Engineer shall make the final determination as to which streets require posting. Any correspondence with the property owners must be reviewed and approved by the City prior to distribution.

F. During street closures, businesses and residences along the street shall be provided pedestrian passage as far as practical. Convenient pedestrian access to driveways, houses and buildings along the street shall be maintained. The maximum distance that a resident must walk to a legal parking area during sealing operations shall be 1,000 feet. Vehicular access to any business and/or residence shall only be blocked once during the slurry seal process.

G. Pedestrian access shall be provided at intersections or at other locations as directed by the Engineer. Placing sand or aggregate, or laying down a strip of building paper or other approved material shall be the methods used to provide pedestrian access. The pedestrian access shall be a minimum of forty-eight inches (48”) wide. The strip of building paper or other approved material shall be weighted so as to provide stability during windy conditions.

H. The Contractor shall cooperate with, and advise as to the current schedule, the Vallejo Police and Fire Departments, local ambulance services, the Vallejo Transit, Vallejo Garbage Service, the Vallejo Unified School District Transportation Department, and the U.S. Post Office 48 hours in advance of the start of work on any street. The Contractor shall also notify United Parcel Service (UPS), Federal Express, and other mail delivery services of planned road closures and the current schedule.

I. The Contractor shall make arrangements to keep the work area free of parked vehicles and shall cooperate fully with local authorities in maintaining traffic flows through the area. The Contractor shall notify the Engineer of any vehicles that remain within the limits of that day’s operation, so that the Engineer may coordinate the removal of that vehicle.

J. The Contractor shall install Type II barricades with "No Parking" signs and shall clearly mark the date(s) and hours that NO PARKING ZONES shall be in effect. The dates posted on the barricades must match the dates that the work is scheduled to be performed at the location posted. Barricades shall be spaced at 100 foot or less intervals on both sides of streets. These signs and dates shall be fully coordinated with the City of Vallejo Police Department to conform to all current Vehicle Code requirements for notice and signing, and in no event shall said signs be posted less than 72 hours (three working days) in advance of the sealing operation.

K. The Contractor shall place C3A signs (ROAD CLOSED TO THRU TRAFFIC) at the entrance to all streets that “dead end” due to road closures for slurry sealing operations. All signs shall be provided by the Contractor.

CITY OF VALLEJO 130 Tuolumne, Georgia & Catalina TRMSS L. The Contractor shall be responsible for re-notifying all affected residences, schools and businesses in the event that a street needs to be rescheduled due to unforeseen delays. Re- notification shall be in accordance with the requirements specified above for initial notification.

The Contractor shall also be responsible for re-posting of “No Parking” signs and barricades in accordance with the requirements of this section of the Special Provisions.

3.03 LANE CLOSURES
A. Lane closures may be required along portions of city streets to complete slurry sealing of adjacent project streets. Any lane closures have to be approved by the City.

B. Details of all proposed lane closures shall be included in the Traffic Control Plan to be submitted to the Engineer for review and approval at the Pre-construction Meeting. For each closure, the Contractor shall submit a detailed drawing showing placement of delineators, barricades, construction signing, flagmen, etc. and shall indicate the reasons for each closure and the duration of each closure.

C. The Contractor shall maintain at least one minimum ten (10) foot wide lane of travel in each direction at all times during construction (with the exception of approved road closures for streets to be slurry sealed) or provide for pilot cars and flagmen where two-way traffic cannot be provided. Unless otherwise specified by the City Traffic Engineer, the full width of traveled way shall be open for use by the public prior to 8 AM and after 5 PM, Monday through Friday, all day on Saturday and Sunday, all day on designated legal holidays, and when construction operations are not actively in progress. (The City Traffic Engineer may specify certain conditions on specific aspects of the Traffic Control Plan which may alter the hours of closure from those identified above.) When not in use, all components of the traffic control system shall be removed from the traveled way and shoulder.

D. In the event that City Traffic Engineer allows an overnight lane closure, and/or during the hours of darkness, flashing arrow boards, or high intensity reflectorized signs, or equivalent, and reflectorized delineators, shall be in place in accordance with the latest edition of the Caltrans Manual of Traffic Controls.

E. The contractor shall provide written notice to all property owners that may be affected by the work at least five days in advance of any work, a copy of all notices being provided to the City.

3.04 PARKING RESTRICTIONS
A. Attention is directed to Section 7 of the Caltrans Standard Specifications. Restriction of parking on the street will be permitted only when authorized by the Engineer.

B. A minimum of 72 hours (3 days) posted notification of restricted parking is required for all areas authorized for no parking. 72 hours prior notification is required to legally tow vehicles parked in construction zones.

C. Length of parking restriction shall be as approved by the Engineer.

CITY OF VALLEJO 131 Tuolumne, Georgia & Catalina TRMSS

3.05 FLAGGING
A. The contractor must provide all flag persons necessary for the direction of public traffic either through or around the work, including but not limited to providing a flag person at all times during the unloading of concrete or asphalt trucks.

PART 4 MEASUREMENT AND PAYMENT

4.01 MEASUREMENT
A. Measurement shall be made per EACH street as listed in Appendix B.

4.02 PAYMENT
A. Payment for “Traffic Control” shall be paid for by the contract unit price per Bid Item No.

2. The contract unit price shall include compensation for all work involved and include full compensation for designing and implementing the Traffic Control Plan, furnishing all labor, tools, equipment and incidentals during all aspects of work, and for doing all work involved complete in place, as specified in the specifications, and as directed by the Engineer.

D-05 CONSTRUCTION AREA SIGNS
PART 1 GENERAL

1.01 SCOPE OF WORK
A. This work shall consist of furnishing, installing, maintaining, and removing Construction Area Signs in conformance with the provisions in the latest version of the California Manual on Uniform Traffic Control Devices (California MUTCD) and the project plans.

B. Nothing in these technical specifications shall be construed as relieving the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7─1.04, "Public Safety," of the Standard Specifications.

PART 2 MATERIALS
A. Sign substrates for stationary-mounted construction area signs may be fabricated from fiberglass reinforced plastic as specified under “Prequalified and Tested Signing and Delineation Materials” of these technical specifications.

B. PROJECT SIGN
CITY OF VALLEJO 132 Tuolumne, Georgia & Catalina TRMSS

1. Project sign shall be 48” long by 34” wide with a white background, ¼” black border lines and black legend in “arial” font, all caps.

2. The sign shall be made of a durable plastic material at the Contractor’s discretion.

3. Contact City for color logo graphic.

4. Magnetic signs should have both city logo and SB1 logo, and should say “Your SB1 tax dollars at work. Thank you!”
PART 3 EXECUTION

3.01 GENERAL
A. The Contractor may be required to cover certain signs during the progress of the work. Signs that are no longer required or that convey inaccurate information to the public shall be immediately covered or removed or the information shall be corrected. Covers for construction area signs shall be of sufficient size and density to completely block out the complete face of the signs. The retroreflective face of the covered signs shall not be visible either during the day or at night.

Covers shall be fastened securely so that the signs remain covered during inclement weather. Covers shall be replaced when they no longer cover the signs properly.

B. If any component in the construction area sign system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.

C. The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing excavation for construction area sign posts. The regional notification centers include, but are not limited to, the following:

D. Excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes. The post hole diameter, if backfilled with minor concrete, shall be at least 4 inches greater than the longer dimension of the post cross section.

Notification Center Telephone
Number
Underground Service Alert-Northern
California (USA) 811
CITY OF VALLEJO 133 Tuolumne, Georgia & Catalina TRMSS E. PROJECT SIGN

1. Contractor shall submit a sign proof for City approval prior to sign construction.

2. Contractor shall securely fasten project signs on Type II barricades and place or relocate as directed by the Engineer. The project signs shall be maintained and repaired as directed by the Engineer during the project.

3. After completion of the project, Contractor shall deliver the signs in good repaired condition to the City Corp Yard at 111 Amador Street, Vallejo.

PART 4 MEASUREMENT AND PAYMENT

4.01 MEASUREMENT AND PAYMENT
A. The contract unit price paid for “Construction Area Signs” as contained in Bid Item 5 shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals required for doing all work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the Construction Area Signs or any other equipment used to protect the public or designate construction areas, excavation, and backfill , as specified in the Standard Specifications and these technical specifications, and as directed by the Engineer.

D-06 SLURRY SEAL
PART 1 GENERAL

1.01 SCOPE OF WORK
A. This work shall consist of mixing asphalt emulsion, aggregate, set-control additives and water and spreading mixture on a surface or pavement where shown on the plans and as indicated or specified in these specifications, and as directed by the Engineer.

CITY OF VALLEJO 134 Tuolumne, Georgia & Catalina TRMSS B. Contractor shall protect utility covers (water valves, manholes, gas valves, utility valves) prior to slurry seal operations.

C. See Section 1100, Striping regarding marking the locations of all existing striping and pavement markings prior to application of slurry seal.

D. Slurry seal shall conform to the provisions in Section 37-3, "Slurry Seal," of the Caltrans Standard Specifications, except as modified herein, and these Special Provisions.

PART 2 MATERIAL

2.01 POLYMER MODIFIED BLACK AGGREGATE SLURRY SEAL
Slurry Seal shall consist of mixing asphalt emulsion, aggregate, and water and spreading the mixture on a surface or pavement where shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer.

1. MATERIALS
The materials for slurry seal immediately prior to mixing shall conform to the following requirements:

POLYMER MODIFIED ASPHALT EMULSION
F. Polymer emulsified asphalt shall be a quick traffic, quick cure (QT-QC) type, shall be a homogeneous brown color throughout and show no separation after thorough mixing, shall break and set on the aggregate within five (5) minutes and shall be ready for cross-traffic within fifteen (15) to forty-five (45) minutes. The polymer asphalt emulsion, upon standing undisturbed for a period of twenty-four (24) hours, shall show no white or milky colored substance on its surface and conform to the requirements in Table I.

TABLE I
Test on Emulsion Test Method Requirement
Viscosity, SSF, @ 77 degrees F, sec ASTM D244 15-90
pH 1 to 3
Distillation Residue %, Minimum 60
Test on Residue from Distillation Test
Penetration, 77 degrees F., 100g, 5s ASTM D5 40-80
Softening Point (Ring & Ball), degrees F ASTM 130 +
Ductility, 77 degrees. F,(25C, 5 cm/Min.,
Minimum
ASTM
D113/AASHTO T51
25 Fraass-Breaking Point (degrees C.) min. DIN 52012 -18 CITY OF VALLEJO 135 Tuolumne, Georgia & Catalina TRMSS WATER
A. Water shall be potable, free of harmful soluble salts and shall be of such quality that the asphalt will not separate from the emulsion before the slurry seal is in place in the work.

AGGREGATE
A. Aggregate shall consist of sound, durable, crushed stone, or crushed gravel, and approved mineral filler. The material shall be free from vegetable matter and other deleterious substances.

B . Aggregates shall be 100% crushed with no rounded particles, volcanic in origin and black in color, as supplied by George Reed, Table Mountain Plant, Sonora, CA., or equal. The use of gray or light-colored aggregate will not be allowed.

C. The percentage composition by weight of the aggregate shall conform to the following grading:

The
aggregate shall also conform to the following quality requirements:

Test Test Method Requirement (Type II)
Sand Equivalent or ASTM D2419 California Method 217 55 Min.

Durability Index California Method 229 55 Min.

Type II
Sieve Sizes Percentage Passing
3/8"(9.5- mm) 100
No. 4(4.75- mm) 90-100
No. 8(2.36- mm) 65-90
No. 16(1.18- mm) 40-70
No. 30(600- um) 25-50
No. 200 (75- um) 5-15
Theoretical asphalt content, % based on dry aggregate 7.5-13.5 Approximate application rate (Pounds/Square Yard) 14-18 CITY OF VALLEJO 136 Tuolumne, Georgia & Catalina TRMSS Type Ill: The percentage composition by mass of the aggregate shall meet the following grading requirements when tested in conformance with California Test 202:

Type III
Sieve Sizes Percentage
Passing
95-mm 100

4.75-mm 70 - 90

2.36-mm 45 - 70

1.18-mm 28 - 50
600-um 19 - 34
75-um 5 - 15
The Type lll aggregate shall conform to the following additional quality requirements:

POLYMER
A. Styrene Butadiene Rubber latex polymer shall be added to the water/soap phase by injection prior to the mill manufacture of the asphalt emulsion by the emulsion producer. The polymer shall be BASF NX 1118 or approved equal. The amount of Test Test Method Requirement
Sand Equivalent ASTM D2419 60 Min.

Durability Index California Test 229 55 Min.

Abrasion
Resistance*
ASTM C131 30% maximum
after 500
revolutions
* Abrasion Resistance is to be performed on the parent aggregate before crushing .

If the results of the aggregate grading do not meet the gradation specified, the microsurfacing represented by the test shall be removed. However, if requested in writing by the Contractor and approved by the Engineer, the microsurfacing may remain in place and the Contractor shall pay to the State $2.00 per ton for the aggregate represented by the test and left in place.

CITY OF VALLEJO 137 Tuolumne, Georgia & Catalina TRMSS polymer solids shall be between 3 and 4 percent of the asphalt residual content and shall be certified by the emulsion producer on each load of emulsion delivered to the job site. No post or field addition of polymer will be allowed. Samples of polymer shall be provided and shall conform to the following requirements.

Test Requirement
Total Solids, min % 60
Bound Styrene % 24 - 60
pH at 25 Degrees C 4.2 - 5.2
Brookfield Viscosity
RVT
1000 - 4000
Residual Monomer % 0.08 max.

2.02 MINERAL FILLER
A. The mineral filler shall be either Portland cement or other approved mineral fillers, if required. Portland cement if used, shall be commercially available Type I or Type II Cement and shall be free of lumps and clods.

2.03 MIX DESIGN
A. At least 7 working day before slurry seal placement commences, the Contractor shall submit to the Engineer for approval a laboratory report of tests and proposed mix design covering the specific materials to be used on the project. The percentage of asphalt emulsion proposed in the mix design shall be within the percentage range specified in Section 2.04 "Proportioning."
B.

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

Test ISSA Test Method Test Requirement
Slurry Seal Consistency, cm T106 3 max.

Wet Stripping T114 Pass
Compatibility T115 ·Pass (a)
Cohesion Test, kg - cm
within 1 hour
T139 20 min. (b)
Wet Track Abrasion, g/sq. ft. T100 75 max.
(a). Mixing test must pass at the maximum expected air temperature at the project site during application.

CITY OF VALLEJO 138 Tuolumne, Georgia & Catalina TRMSS C. The laboratory report ·shall be signed by the laboratory that performed the tests and mix design and shall show the results of the tests on individual materials, comparing the test results to those required by the specifications. The report shall clearly show the proportions of aggregate, filler (as determined from the tests, minimum and maximum), water (minimum and maximum), and asphalt solids content based on the dry weight of aggregate and set-control agent usage. Previous laboratory reports covering the same materials may be accepted provided they are made during the same calendar year.

2.04 PROPORTIONING
A. Asphalt emulsion shall be added at a rate determined by the mix design and in the range of the table above. A job mix design shall be submitted by the Contractor for approval by the Engineer that conforms to the specification limits, and that is suitable for the traffic, climate conditions, curing conditions and final use. This will include recommended application rate of slurry to suit the job conditions.

B. The Slurry Seal mixture shall be proportioned by the operation of a single start/stop switch or lever which automatically sequences the introduction of aggregate, emulsified asphalt, admixtures, if used, and water to the pug mill.

C. Calibrated flow meters shall be provided to measure both the addition of water and liquid additives to the pug mill. If necessary for workability, a retarding agent, that will not adversely affect the seal, may be used.

D. Water, and retarder if used, shall be added to ensure proper workability and (a) permit uncontrolled traffic on the slurry seal no more than three (3) hours after placement without the occurrence of bleeding, raveling, separation or other distress; and (b) prevent development of bleeding, raveling, separation or other distress within fifteen (15) working days after placing the slurry seal.

PART 3 EXECUTION

3.01 PROTECTING UTILITY COVERS
A. Prior to placement and application of slurry seal, Contractor shall mark the locations of all existing utility covers and lids within the streets to be sealed. Markings will be placed on the top of curb, approximately perpendicular to the location of each cover, and will consist of painted symbols indicating the number and type of utility cover or lid present. The Contractor will be responsible for protection and recovery of one cover/lid for every mark on the curb. The (b). Using project source aggregate asphalt emulsion and set-control agents if used.

CITY OF VALLEJO 139 Tuolumne, Georgia & Catalina TRMSS Contractor shall verify the markings with City personnel prior to beginning work.

B. Utility covers and lids shall be protected in accordance with Section 10-1.18, “Protection of Manhole Covers and Miscellaneous Covers and Lids.”

3.02 REMOVAL OF STRIPING, PAVEMENT MARKINGS AND PAVEMENT MARKERS A. Prior to placement and application of slurry seal, all thermoplastic or painted traffic striping, all thermoplastic or painted pavement makings and pavement markers, in the area to be sealed shall be removed in accordance with Sections 15-2.02C, “Remove Traffic Stripes and Pavement Markings,” and 15-2.02D, “Remove Pavement Markers,” of the State Standard Specifications.

B. In addition, prior to placement and application of slurry seal, vegetation shall be removed from cracks and joints within the slurry seal area.

3.03 SWEEPING
A. A maximum of 48 hours prior to placement, the surface to be sealed shall be cleaned by sweeping, flushing or other means necessary to remove all loose particles of paving; all dirt, vegetation, oil, and gasoline drippings; and all other extraneous material.

3.04 MIXING AND SPREADING EQUIPMENT
A. The Slurry Seal shall be mixed in a self-propelled mixing machine equipped with a continuous flow pug mill capable of accurately delivering and automatically proportioning the aggregate, emulsified asphalt, water and additives to a double shafted, multi-blade pug mill mixer capable of minimum speeds of 200 revolutions per minute.

B. A minimum of two operational mixing machines of 12 cubic yard capacity, or larger, shall be maintained on the project. The mixed slurry seal retention time in the pug mill shall be less than three seconds. No retention of mixed slurry seal shall be allowed within the pug mill by gate shut-off or other mechanical means. Any machines with pugmill retention or shut-off gates shall have them removed prior to being used on this project. The mixing machine shall have sufficient storage capacity of aggregate, emulsified asphalt, and water to maintain an adequate supply to the proportioning controls.

C. The mixing machine shall be equipped with hydraulic controls for proportioning the material by volume to the mix. Each material control device shall be calibrated, properly marked, preset and lockable at the direction of the Engineer. The mixing machine shall be equipped with a water pressure system and nozzle type spray bars to provide a water spray immediately ahead of the spreader box.

D. The mixing machine shall be equipped with an approved fines feeder that provides a uniform, positive, accurately metered, pre-determined amount of a CITY OF VALLEJO 140 Tuolumne, Georgia & Catalina TRMSS mineral filler, if used, at the same time and location that the aggregate is fed.

E. The slurry mixture shall be uniformly spread by means of a controlled spreader box conforming to the following requirements:

F. The spreader shall be capable of spreading a traffic lane width and shall have strips of flexible rubber belting or similar material on each side of the spreader box and in contact with the pavement to prevent loss of slurry from the box. The box shall have baffles, or other suitable devices, to insure uniform application on super- elevated sections and shoulder slopes. Spreader boxes shall be maintained in such a manner as to prevent chatter (wash boarding) or other surface defects that will affect the esthetic value of the finished slurry seal mat.

G. The rear flexible strike-off blade shall make close contact with the pavement and shall be capable of being adjusted to the various crown shapes so as to apply a uniform slurry seal.

H. Slurry mixture, to be spread in areas inaccessible to the controlled spreader box, may be spread by other approved methods.

3.05 PLACEMENT
A. The slurry seal shall be place one week (7-days) minimum after the crack seal is placed for all streets.

B. The slurry seal shall not be placed if either the pavement or the air temperature is below 55 degrees F (13C) and falling, but may be applied when both the air and pavement temperature is 45 degrees F (7C) or above and rising. The mixture shall not be applied if high relative humidity prolongs the curing beyond a reasonable time.

C. Before placing the slurry seal, the pavement surface shall be cleaned by sweeping, flushing or other means necessary to remove all loose particles of paving, all dirt and all other extraneous material.

D. 48 hours prior to the slurry seal operations, the contractor shall notify all residents, businesses and agencies with an approved written notice detailing the streets and limits of work to be done along, with the hours of work. The contractor shall also post all streets with temporary "No Parking - Tow Away" signs at 75 foot staggered intervals. These signs shall also state the day of the week and hours of no parking.

E. Immediately before commencing the slurry seal operations, all surface metal utility covers (including survey monuments) shall be protected by thoroughly covering the surface with an appropriate adhesive and paper or plastic. No adhesive material shall be permitted to cover, seal or fill the joint between the frame and cover of the structure. Covers are to be uncovered and cleaned of slurry material by the end of CITY OF VALLEJO 141 Tuolumne, Georgia & Catalina TRMSS the same work day.

F. Hand tools shall be available in order to remove spillage. Ridges or bumps in the finished surface will not be permitted. The mixture shall be uniform and homogeneous after spreading on the existing surface and shall not show separation of the emulsion and aggregate after setting.

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

H. For the purpose of this project, the construction zone is defined to include all stockpile staging areas and travel routes to/from streets where the slurry seal is to be applied.

I. The Contractor shall abide, at all times, to the State of California, Department of Transportation's "Manual of Traffic Controls for Construction and Maintenance Work Zones" as applicable to this project.

J. Any deviations shall not be made without prior written approval from the project engineer.

3.06 POLYMER MODIFIED TYPE II SLURRY SEAL
A. A maximum of 48 hours prior to placement , the surface to be sealed shall be cleaned by sweeping, flushing or other means necessary to remove all loose particles of paving; all dirt, vegetation, oil, and gasoline dripping; and all other extraneous material.

B. The slurry seal shall break, set, and is ready for traffic no more than one hour after placement. There shall be no bleeding, raveling, separation or other distress within 7 days after placing the slurry seal.

C. Attention is directed to Section 37-3.03B, "Proportioning," for slurry seal of the State Standard Specifications. Each mixer/spreader truck used on the project shall be calibrated in accordance with California Test 109. Calibration shall take place a maximum of ten days prior to application of slurry seal. The Contractor shall notify the Engineer a minimum of three days prior to calibration so that City representatives may make arrangements to observe.

D. The polymer emulsified asphalt shall be added at a rate from 11 to 15 percent by weight of dry aggregate. The exact rate is to be determined by the job mix design submitted by the Contractor for approval by the Engineer.

E. Each spreader box used on the project shall be equipped with augers to insure uniform application of the slurry and shall have inboard set skids. A sufficient amount of slurry shall be carried in all parts of the spreader at all times so that complete coverage is obtained.

No lumping, balling, or unmixed aggregate shall be permitted. No streaks such as caused by oversize aggregate shall be left in the finished pavement.

CITY OF VALLEJO 142 Tuolumne, Georgia & Catalina TRMSS F. No excessive buildup or unsightly appearance shall be permitted on longitudinal or transverse joints. Burlap drags shall be used. Approved squeegees shall be used to spread slurry in areas not accessible to the slurry mixer/spreader.

G. When required by local conditions, the surface to be slurried shall be lightly pre-dampened with a fog spray of water. Slurry seal shall be spread at a rate of 15 pounds of dry aggregate per square yard. The completed spread shall be within ten (10) percent of the specified rate. The slurry box squeegees, rubber belting or similar material, shall be flexible enough to spread the slurry uniformly over the surface.

H. The spreader box shall be pulled at a rate not greater than 270 feet per minute. Any areas slurried while the spreader box is exceeding 270 feet per minute will be considered out of Specification and will not be paid for. The Contractor shall submit certified weight tickets for all loads of aggregate delivered to the project site(s). Tickets shall be submitted to the Project Inspector by the end of each day in which a delivery is made. At the end of the project, tickets will be used to calculate the average spread rate of the slurry. The average spread rate will be calculated by dividing the total pounds of aggregate for the project by the total square yardage of the project. If the average rate is less than the allowable 10 percent variation from the specified spread rate of 15 pounds of dry aggregate per square yard, the Contractor shall pay to the City an amount of reduced compensation. The City may deduct the amount of reduced compensation from any monies due, or that may become due, the Contractor under the Contract.

I. The amount of reduced compensation will be calculated using the total square yards of slurry placed times the contract price per square yard times the reduced compensation factor: The reduced compensation factor shall be equivalent to the percent reduction in rate from the specified rate (for reduction rates in excess of 10 percent). (i.e. a reduction rate of 10.1% from the specified 15 lbs. would result in a reduced compensation factor of

10.1% or 0.101; likewise, a reduction rate of 11% below the specified 15 lbs. would result in a reduction factor of 11% or 0.11). The reduced compensation factor will be calculated using the following equation:
1 - (calculated lbs. of aggregate per SY
/ 15 lbs. Per SY)
= reduction
factor
SY = square yard
J. No reduction factor will be applied to the contract price for reduced spread rates within 10 percent of the specified rate or for rates which exceed the specified rate.

K. At limits of slurry seal (start or finish), a straight line cut-off shall be obtained by laying down a strip of building paper or other approved material. Such paper and any excess slurry shall be removed by the Contractor after application of the slurry seal.

L. Edge limits of the slurry on both sides of the street or bike path shall be maintained in a neat, straight, and uniform line. Slurry seal shall extend to the lip of gutter. The slurry may be allowed to extend onto the gutter pan 1 to 2 inches, but a neat, straight, and CITY OF VALLEJO 143 Tuolumne, Georgia & Catalina TRMSS uniform line must be maintained. In the event that slurry extends onto the gutter more than 1 to 2 inches or the slurry is not in a neat, straight, uniform line, it will be the responsibility of the Contractor to remove all excess slurry from the gutters using an appropriate method. Any runs or drips that spill on to the concrete gutter surface shall be removed the same day that the spill occurs. At the completion of removal operations, gutters shall be restored to original condition (grey/white concrete finish).

All work associated with the removal of slurry from the gutters will be conducted at the Contractor’s expense.

3.04 MATERIALS STORAGE
A. Storage of materials for slurry seal, including aggregate, emulsions, etc., shall not be permitted on public right-of-way or public property. The Contractor shall arrange for storage of materials at locations of his choice. No additional compensation shall be allowed for stockpiling, storage, handling, or transportation of materials or slurry seal mixes. Stockpiled materials shall be placed on flat, graded surfaces. The Contractor shall be responsible for the complete clean up and removal of asphalt and other materials at stockpile/storage locations.

3.05 CLEAN UP
A. For the convenience of the contractor a preliminary punch list will be provided no more than one (1) day after each street has been slurried. The items on the preliminary punch list shall be completed by the contractor on the day the preliminary punch list is issued. At the end of the project a final punch list will be issued to the contractor for outstanding items.

B. After the slurry seal has been applied, the Contractor shall use a commercial sweeper to sweep the streets and areas slurried. The Contractor shall provide all necessary equipment, skill and manpower to sweep all completed slurry sealed streets/areas to the satisfaction of the City Inspector.

C. The final sweeping on through streets shall be performed no sooner than 2 weeks and no later than 3 weeks after the slurry has been applied to the street. During the sweeping, the commercial sweeper shall use only the rear broom. The front brooms shall not be used during this sweeping operation.

D. The sweepings removed shall be disposed of outside the highway right-of-way in accordance with provisions in Section 7-1.13 of the Standard Specifications.

PART 4 MEASUREMENT AND PAYMENT

4.01 MEASUREMENT
A. Slurry Seal shall be measured by the square yard (SY) of actual surface area covered.

CITY OF VALLEJO 144 Tuolumne, Georgia & Catalina TRMSS

4.02 PAYMENT
A. Payment for “Polymer Modified Black Aggregate Slurry Seal” shall be paid for by Bid Item No. 7, 22, 34 and shall include polymer modified black aggregate asphaltic slurry seal in conformance with these specifications and standards of the industry; including protecting existing utility covers and lids, marking the location of utility covers and lids, cleaning the surface, application of slurry seal, protecting the slurry seal until slurry seal has set, and all labor, materials, equipment, tools and incidentals necessary to complete the work in place, in accordance to these contract documents and as directed by the Engineer.

B. Approximate areas of each street to receive a slurry seal application are outlined in Appendix B.

C. Traffic Control is considered to be part of other bid items and no additional compensation shall be made therefor.

D-07 CRACK SEAL
PART 1 GENERAL

1.01 SCOPE OF WORK
A. This work consists of cleaning and preparing pavement cracks and placing a hot crack joint sealant.

B. The work in this section shall conform to Section 37-5, Crack Treatment of the Standard Specifications.

PART 2 MATERIALS
A. Crack seal shall be hot applied.

B. Product to be used: En Flex or CamoSeal Bituminous Composite Crack Sealant or approved equal. A Composite Crack Sealant (CCS) is a viscoelastic caulking material used to waterproof pavements to improve lifecycle performance of asphalt and concrete pavements.

Selecting a CCS takes into consideration the climatic, pavement type, quality, and application requirements needed to provide a waterproofing sealant that adheres, flexes, and remains in joints and cracks to protect the pavements from debris, incompressible materials, de-icing chemicals, and water to flow into the base of the pavement there by compressing the structural integrity of a roadway.

PART 3 EXECUTION
A. Crack seal shall be applied to cracks from 3/8-inch to 1-inch in width for the entire length CITY OF VALLEJO 145 Tuolumne, Georgia & Catalina TRMSS of the crack.

B. The crack sealer is free flowing at application temperatures. Crack seal shall be applied by pressurized applicator.

C. Crack seal shall be in place at least one week (7-days) prior to any slurry TRMSS seal application.

D. Requirements:

1. Air Compressor
a. Minimum of 100 CFM (Cubic feet per minute) flow and 100 PSI (Pound per square inch) pressure.
b. Air lance attachment with diameter no larger than 1 inch to allow for precision blow-out.

2. Kettle
a. Application and storage tank capacities of 120 gallons or more to ensure uniform heating and appropriate viscosity profile.
b. Ability to agitate application tank to minimize colds pockets and coking inside the kettle.
c. Temperature control equipment and application wand that ensures placement temperatures (at the point of crack and joint sealing) over 300 degrees F with appropriate material viscosity to ensure strong sidewall adhesion.

3. Support Equipment
a. Power Rotary Wire Wheels for proper clean out of dirt and vegetation b. Torches that can be used to dry and heat areas of moisture. c. Grass/Vegetation picks for areas of vegetation that must be manually removed.

4. Sampling and Inspection

5. Inspection
a. Crack Preparation- Crew leads will inspect 250 feet of crack preparation twice a day. If crew leads observe poor quality on any of these stretches the crew will return to that street to re prep the road
b. Application- Crew leads will inspect 250 feet of crack preparation twice a day. If crew leads observe poor quality on an of these stretches the crew will return to that street to re prep the road
i. Crack reservoir will be filled, and sealant will have uniform strike-off ii. Active cracks will be sealed
iii. Attention to transverse and longitudinal cracks to ensure waterproofing of pavement.
c. Sampling and Testing (Quality Control)- A sample of the crack sealant will be taken at the application wand a minimum of once every 10,000 lb. of material being placed. Sampled material will be tested in accordance with the Rheological Base Composite Crack Sealant Specifications table 1 below.
d. Quality Assurance- Every tenth quality control sample will have a third party laboratory test the material to ensure conformance to meeting specifications.

E. Rheology Based Composite Crack Sealant Specifications:

CITY OF VALLEJO 146 Tuolumne, Georgia & Catalina TRMSS

CITY OF VALLEJO 147 Tuolumne, Georgia & Catalina TRMSS PART 4 MEASUREMENT AND PAYMENT

4.01 MEASUREMENT
A. Crack seal shall be measured by the linear feet (LF) of actual crack length covered.

4.02 PAYMENT
A. Payment for “Crack Seal” shall be paid by linear feet (LF) per lane line of the street per Bid Item No. 4 and shall include protecting existing utility covers and lids, cleaning the surface, application of crack seal, protecting the crack seal until crack seal has set, and all labor, materials, equipment, tools and incidentals necessary to complete the work in place, in accordance with these contract documents and as directed by the Engineer.

B. Traffic Control is considered to be part of other bid items and no additional compensation shall be made therefor.

D-08 WATER POLLUTION
PART 1 GENERAL

1.01 SCOPE OF WORK
A. Water pollution control work shall conform to the provisions in Section 13, “Water Pollution Control,” of the Standard Specifications and these technical Bedrock
Aggregate Base
Asphalt Base Course
Wearing Course
Placement Composite Crack Sealant
Pavement Cross Section with Distresses & Application Guidance CITY OF VALLEJO 148 Tuolumne, Georgia & Catalina TRMSS specifications, except that Section 13-3, “Stormwater Pollution Prevention Plan”, of the Standard Specifications shall not apply.

B. Under no circumstances shall water contaminated with sediment or other pollutants be allowed to enter the storm drain system or other drainage courses. Contractor shall clean up all surfaces contaminated by construction operations that could pollute stormwater runoff.

C. The Contractor is required to prepare a Water Pollution Control Plan (WPCP) and implement the plan once approved by the Engineer.

D. Conformance with the provisions in this section shall not relieve the Contractor from the Contractor’s responsibilities as provided in Section 7, “Legal Relations and Responsibility to the Public”, of the Standard Specifications.

PART 2 MATERIALS
A. All materials used for Best Management Practices (BMPs) shall be featured in the WPCP and shall be acceptable methods of storm water management and pollution control.

B. Water pollution control work shall conform to the requirements in the “Construction Site Best Management Practices (BMPs) Manual”, dated March 2003 issued by the State of California Department of Transportation and addenda thereto issued up to and including the date of advertisement of the project, hereafter referred to as the “Handbook”. As an alternative, the Contractor can utilize the California Stormwater Quality Association (CASQA) BMP fact sheets instead of the Handbook fact sheets.

PART 3 EXECUTION
A. The WPCP shall be designed to address the following objectives:

1. All pollutants and their sources, including sources of sediment associated with construction, construction site erosion and all other activities associated with construction activity are controlled;

2. All non-storm water discharges and pollutants are identified and either eliminated, controlled, or treated;

3. Site BMPs are effective and result in the reduction or elimination of pollutants in storm water discharges and authorized non-storm water discharges from construction activity to the appropriate standard required by the Handbook.

B. The WPCP shall include information that supports the selections, use, and maintenance of BMPs.

CITY OF VALLEJO 149 Tuolumne, Georgia & Catalina TRMSS C.The WPCP shall be available at the construction site during working hours while construction is occurring and shall be made available upon request by a State or Municipal Inspector.

D.In addition, the Contractor shall observe the following guidelines:
a. No concrete work or asphalt concrete paving while it is raining. b. Store materials as required under 13-4.03C, “Material Management” of the Standard Specifications.
c. Cover inlets and manholes when paving, grinding, or
sawcutting in conformance with the provisions in Section 13-

4.03E(7), “Paving, Sealing, Sawcutting, Grooving, and
Grinding Activities”, of the Standard Specifications.
d. Place drip pans or absorbent materials under equipment when not in use.
e. During wet weather store equipment indoors or cover with tarp or other waterproof covering.
f. Sweep site daily to prevent sand, gravel, or excess asphalt from entering or being transported by rain into the storm drain system.
g. Keep ample water pollution materials on-site, including drip pans, absorbent materials, waterproof covering materials, filter fabric, gravel bags, etc. Unused materials should be stored in such a manner that they are kept free of debris and sediment and out of the rain.
h. Soil stabilization practices and sediment control measures shall be provided at all times.

E.Do not wash out concrete trucks into storm drains, open ditches, streets, streams, or unprotected unpaved areas. The Contractor shall prevent the discharge of pollutants from concrete operations by using measures to prevent run-on and run-off pollution, properly disposing of wastes, and by implementing the following BMPs:
a.Store all materials in waterproof containers or under cover away from drain inlets or drainage areas.
b.Avoid mixing excess amounts of Portland cement materials.

Dispose of any excess materials properly.

2.Whenever possible, perform washout of concrete trucks off-site where discharge is controlled and not permitted to discharge to the storm drain system.

3.For on-site washout, adhere to the following requirements:
a. Locate washout area at least fifty (50) feet from storm drains, open ditches, or other water bodies.
b. Confine run-off from the washout area by constructing a temporary pit or bermed area large enough for the liquid and solid waste, covered completely with two layers of waterproof material.
c. After theconcrete sets, dispose of the remaining debris, water, and other waste properly.
d. Do not washout onto dirt area. Soil contaminated with concrete debris or concrete waste water must be excavated completely and disposed of offsite at the Contractor’s expense.

CITY OF VALLEJO 150 Tuolumne, Georgia & Catalina TRMSS e. Washout recycled aggregate base only within on-site washout area.

E. The Contractor shall know and full comply with the applicable provisions of the Handbook and Federal, State, and local regulations that govern the Contractor’s operations and storm water discharges from both the project site and areas of disturbance outside the project limits during construction.

F. Unless arrangements for disturbance of areas outside the project limits are made by the City and part of the contract, it is expressly agreed that the City assumes no responsibility whatsoever to the Contractor or property owner to allow disturbance of areas outside the project limits.

G. The Contractor shall be responsible for the costs and for liabilities imposed by law as a result of the Contractor’s failure to comply with the requirements set forth in this section, including, but not limited to, compliance with the applicable provisions of the Handbook and Federal, State, and local regulations. Costs and liabilities include, but are limited to, fines, penalties, and damages whether assessed against the State or the Contractor, including those levied under the Federal Clean Water Act and the State Porter-Cologne Water Quality Act.

H. The Engineer may order the suspension of construction operations which create water pollution if the Contractor fails to conform to the provisions in this section.

I. TEMPORARY STORM DRAIN INLET PROTECTION
a. Temporary storm drain inlet protection shall be constructed, installed, maintained, and removed at all drainage inlets within the boundaries of the project. The Contractor shall select the appropriate drainage inlet protection to meet the conditions around the drainage inlet. Throughout the duration of the contract, the Contractor shall provide protection to meet the changing conditions around the drainage inlet.
b. Temporary Drainage Inlet Filters: The Contractor shall furnish, install, maintain and remove drainage inlet filters suitable for installation on existing storm drain inlets for removal of sedimentation and debris from water flow into the drainage inlets within the boundaries of the project and as directed by the Engineer. Temporary Drainage Inlet Filters shall be installed at all storm drain inlets within or adjacent to the project limits. Temporary drainage inlet filter shall be obtained from a commercial manufacturer, as approved by the Engineer.
c. Sediment Filter Bags: Sediment filter bags shall be installed by removing the drainage inlet grate, placing the sediment bag in the opening, and replacing the grate to secure the sediment filter bag in place.
d. Removal: When the temporary drainage inlet protection is no longer required the protection materials shall be removed and disposed of in accordance with the provisions in Section 14-10, "Solid Waste Disposal and Recycling," of the State Standard Specifications.
e. Maintenance: Temporary drainage inlet protection shall be maintained to provide sediment holding capacity and to reduce runoff velocities.

Temporary drainage inlet protection shall be repaired or replaced immediately if damage occurs.

CITY OF VALLEJO 151 Tuolumne, Georgia & Catalina TRMSS f. Sediment deposits, trash, and debris shall be removed from temporary drainage inlet protection as needed or when directed by the Engineer.

Removed sediment shall be deposited within the project limits so that the sediment is not subject to erosion by wind or by water. Trash and debris shall be removed and disposed of in accordance with the provisions in Section 14-10, "Solid Waste Disposal and Recycling," of the State Standard Specifications. All Sediment Filter Bags shall be removed at the conclusion of the project.

PART 4 MEASUREMENT AND PAYMENT

4.01 MEASUREMENT AND PAYMENT
A. The contract unit price paid for "Water Pollution Control Plan" as contained in Bid Item 6, shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in developing, preparing, obtaining approval of, revising, amending, and implementing the water pollution control plan and maintaining best management practices (BMP’s), and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of water pollution control practices, including non-storm water and waste management and materials pollution water pollution control practices, except those shown on the plans and for which there is a contract item of work, as specified in plans, the Standard Specifications, and the technical specifications, and as directed by the Engineer.

D-09 STRIPING
PART 1 GENERAL

1.01 GENERAL
A. The wording of this section shall take priority over all notes, details, and markings as they pertain to Traffic Stripes, Pavement Markings, and Pavement Markers per Standard Specifications Sections 84 and 85
B. The scope of work under this Section includes the removal of existing striping, pavement markings and pavement markers.

PART 2 MATERIALS

2.01 TRAFFIC STRIPES AND PAVEMENT MARKINGS
A. Paint material shall conform to the requirements of the Standard Specification Section 84- 3-02.

B. Thermoplastic material shall conform to the requirements of the Standard Specification CITY OF VALLEJO 152 Tuolumne, Georgia & Catalina TRMSS Section 84-2.02.

C. Thermoplastic material for traffic stripes shall be applied at a minimum thickness of 0.07 inches.

D. Pavement markers shall conform to the requirements of the Standard Specification Section 85.

PART 3 EXECUTION

3.01 TRAFFIC STRIPE AND PAVEMENT MARKING REMOVAL
A. Prior to application of slurry seal, Contractor shall mark the locations of all existing pavement markings and striping within the streets to be slurry sealed. Markings will be placed on the top of curb, approximately perpendicular to the location of each cover, and will consist of painted symbols indicating the number and type of pavement marking present. The Contractor shall verify the markings with Project Inspector prior to beginning work.

B. After the slurry seal application is complete, new paint stripes and markings shall be installed. Paper shall be removed and disposed of by the contractor at the end of the day that slurry seal is placed.

C. Removal of all existing striping and pavement markings shall be by any method that does not materially damage the existing pavement. Pavement marking images shall be removed in such a manner that the old message cannot be identified. Where grinding is used, the pavement marking image shall be removed by grinding a rectangular area. The minimum dimensions of the rectangle shall be the height and width of the pavement marking. Residue resulting from removal operations shall be removed from pavement surfaces by sweeping or vacuuming before the residue is blown by the action of traffic or wind, migrates across lanes or shoulders, or enters into drainage facilities.

D. If residue resulting from striping and pavement marking removal operations migrate into drainage facilities, contractor shall pay the fine levied by the State Water Resources Control Board.

E. Stop bars, excluding those at intersections with collector or arterial streets may be removed up to 5 calendar days prior to placement of slurry seal. Conflicting lane lines, crosswalks, and stop bars at intersections with collector or arterial streets requiring removal shall be removed the same day slurry seal is to be placed. If removed in advance of slurry seal operations, the Contractor shall install temporary pavement delineation in accordance with these Special Provisions.

F. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 7-1.09, “Public Safety,” of these Special Provisions.

G. Immediately following the removal of existing pavement striping/markings, the Contractor shall clean and sweep roadways and on-site-paved areas to eliminate all materials attributed to or involved with removal operations. All materials shall be removed from the roadway prior to CITY OF VALLEJO 153 Tuolumne, Georgia & Catalina TRMSS the end of each working day or as directed by the Inspector. The Contractor shall not use water to flush down streets in place of street sweeping.

3.02 PAVEMENT MARKER REMOVAL
A. Existing pavement markers in the areas of sealing shall be removed and disposed of by the Contractor in accordance with Section 15-2.02C of the Standard Specifications and these Special Provisions.

B. Markers delineating roadway centerlines or lane lines shall be removed prior to placement of slurry seal. The Contractor shall install temporary pavement delineation in accordance with these Special Provisions.

C. Any pavement damaged during marker removal shall be repaired to the satisfaction of the Engineer prior to slurry sealing of the roadway. All repair work shall be at the Contractor’s expense.

D. Immediately following the removal of existing pavement markers, the Contractor shall clean and sweep roadways and on-site-paved areas to eliminate all materials attributed to or involved with removal operations. All materials shall be removed from the roadway prior to the end of each working day or as directed by the Inspector. The Contractor shall not use water to flush down streets in place of street sweeping.

3.03 TEMPORARY PAVEMENT DELINEATION
A. Temporary pavement delineation shall be furnished, placed, maintained, and removed in accordance with the provisions in Section 12-3.01, "General," of the Standard Specifications and these Special Provisions. Nothing in these Special Provisions shall be construed as to reduce the minimum standards specified in the Manual of Traffic Controls published by the Department, or as relieving the Contractor from his responsibility, as provided in Section 7-1.09, "Public Safety," of the Standard Specifications.

B. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line and centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. In addition, crosswalks on all streets and stop bars at intersections with collector or arterial streets shall be delineated prior to opening the roadway to public traffic. Stop bars shall be delineated at all times on all streets as directed by the Engineer or required by this section of the Special Provisions.

C. All work necessary to establish satisfactory lines for temporary pavement delineation shall be performed by the Contractor. For pavement markings, temporary delineation shall be placed 18 inches in back of the permanent marking location. Surfaces on which temporary pavement delineation is to be applied shall be cleaned of all dirt and loose material, and shall be dry when the pavement delineation is applied. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation.

CITY OF VALLEJO 154 Tuolumne, Georgia & Catalina TRMSS D. Temporary pavement delineation shall be maintained until replaced with permanent pavement delineation. Temporary pavement delineation shall be removed as soon as the permanent pavement delineation is placed, or when no longer required as determined by the Engineer. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed.

E. Temporary pavement delineation shall consist of temporary reflective raised pavement markers placed on lane lines and centerlines at longitudinal intervals of not more than 24 feet apart, or 12 feet apart on radii, and reflective tape to establish obliterated pavement markings including, but not limited to, crosswalks, stop bars and turn arrows. Temporary reflective raised pavement markers and temporary reflective tape shall be the same color as the lane line, centerline, or pavement marking the markers/tape replace.

3.02 TRAFFIC STRIPES AND PAVEMENT MARKINGS
A. Installation of Painted and Thermoplastic Traffic Stripes and Pavement Markings shall be per these Special Provisions, Standard Plans and Specifications and the City of Vallejo Standard Specifications.

B. THERMOPLASTIC stripes and pavement markings shall be installed at Ascot Parkway and Redwood Parkway.

C. All other street location shall have PAINT stripe and pavement markings installed.

PART 4 MEASUREMENT AND PAYMENT

4.01 MEASUREMENT
A. Measurement for Striping Removal shall be made at the contract liner foot (LF) price.

B. Measurement for installing Painted or Thermoplastic Traffic Stripe (various details) shall be made at the contract unit price of linear feet (LF) of actual striping installed. Traffic stripe is measured along the line of the traffic stripe without deductions for gaps in the broken traffic stripe.

C. Measurement for Painted or Thermoplastic Pavement Marking shall be made at the contract unit price of square feet (SF) of actual pavement marking installed. Pavement marking is measured by the actual quantity of item installed multiplied by the area stated in the Caltrans Standard Plans 2015, Plan Nos. A24A, A24B, A24C, A24D, A24E.

4.02 PAYMENT
A. Payment for “Striping Removal” shall be made at the contract unit price of each (EA) street as contained in Bid Item No. 5, 20, 32. This contract unit price shall include full compensation for removing traffic striping, pavement markings and pavement markers within the entire area of the street to be slurried, proper collection of debris, proper legal disposal of debris and all labor, materials, tools, equipment and incidentals, and for doing all the work involved CITY OF VALLEJO 155 Tuolumne, Georgia & Catalina TRMSS complete in place and as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

A. Payment for “Thermoplastic Pavement Marking (various details)” shall be made at the contract square foot (SF) unit price as contained in Bid Item No. 9, 24, 36. This contract unit price shall include full compensation for furnishing and installing the painted or thermoplastic pavement markings, all labor, materials, tools, equipment and incidentals, and for doing all the work involved complete in place as shown on the plans, and as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

B. Payment for installing “Thermoplastic Traffic Stripes” (various details) shall be made at the contract linear foot (LF) unit price as contained in Bid Item Nos. 10 through 15, 25 through 27, and 37 through 39 for the type stripe or detail noted.

This contract unit price shall include full compensation for furnishing and installing the pavement striping and applicable pavement markers, all labor, materials, tools, equipment and incidentals, and for doing all the work involved complete in place as shown on the plans (regardless of the number, widths, and patterns of individual stripes involved in each traffic stripe), and as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

C. Payment for all aspects of installing “Blue Retroreflective Fire Hydrant Marker” is made at the contract unit price of each (EA) as contained in Bid Item No. 8, 23, 35.

This contract unit price shall include full compensation for furnishing and installing the blue retroreflective fire hydrant marker all labor, materials, tools, equipment and incidentals, and for doing all the work involved complete in place as shown on the plans, and as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

D. Traffic Control is considered to be part of other bid items and no additional compensation shall be made therefore.

E. All temporary striping or marking, including floppies, shall be considered as included in other items of work.

D-10 TIRE RUBBER MODIFIED SURFACE SEALER REQUIREMENTS
PART 1 GENERAL
PART 2 MATERIALS
A. TRMSS: The TRMSS shall meet the requirements of Table #1 attached. Contractor shall submit a certification from the manufacturer stating that the base emulsion being supplied meets the requirements of Table #1.

B. Sand/ Aggregate: Main Street Materials recommends, for compatible use with TRMSS CITY OF VALLEJO 156 Tuolumne, Georgia & Catalina TRMSS surface seal coat for additional friction, sand/aggregate(s) that have been used successfully on many texture projects:
- Product: Copper slag sand, gradation 30/40 or 35.
- Producers: Minerals Research Inc. SharpShot Medium gradation or approved equal.

PART 3 EXECUTION

3.01 PREPARATION OF PAVEMENT
Pavement surface to be coated shall be sound, surface cured and clean in order for the TRMSS emulsion to perform properly.

Cleaned surface – Contractor shall clean the pavement to be free from clay, salt, sand, grease, dirt, and other foreign matter. It is imperative that the pavement be thoroughly cleaned. Cleaning shall be accomplished by means of power blowers, stiff bristle brooms, vacuum unit, or by pressure flushing. Only pick up type sweepers will be allowed; no sidekick brooms shall be used.

Deleterious matter - Accumulation of grease or oil shall be removed by scraping, burning, or scrubbing with detergent (detergent shall be thoroughly rinsed from surface). Any areas where pavement is physically sound, yet oil has still soaked in shall be coated with a TRMSS oil spot primer to promote better adhesion and to prevent bleed through.

3.02 APPLICATION OF MATERIALS
TRMSS: Contractor shall apply sealer in one uniform coat utilizing a computer rate-controlled asphalt spreader. Hand spray wands and squeegees may be used for small areas and trim.

Application rate – Application rate shall be 0.12 to 0.18 gallon per square yard or as directed by Contract Administrator. Test sections prior to commencement of job shall determine actual coverage rate. Agency Contract Administrator will determine the application rate on individual

CITY OF VALLEJO 157 Tuolumne, Georgia & Catalina TRMSS sections.

Outside temperature – TRMSS shall not be applied under the following conditions: when the surface is wet, when rain is imminent, or the air temperature is expected to be below 36ºF within 24 hours after placement. The ambient air temperature for application shall be at least 60ºF and rising, with the expected high temperature be at least 65ºF within 24 hours after placement. The application shall cease when the air temperature is 65ºF and falling.

Drying time - Drying time for sealer shall normally be 2-4 hours before opening to traffic.

Actual weather conditions will determine drying time and, in any case, avoid traffic until the surface is no longer tacky.
•Prior to applying surface seal, demonstrate that all nozzles are operational by shooting a test pass onto protective material such as plastic. Legally dispose of protective material.
•Spray nozzles shall be #3 tips with a minimum of 3/16” opening size or greater.
•If the application rate results in the surface seal running on slopes, the application shall be performed in a two-step application to avoid the fog seal running into gutters or off the road. Contractor shall determine best dilution rate to achieve uniform application while achieving residual application rates.

Sand/ Aggregate: The sanding shall be done during the application of the sealant material. In the areas where hand work is done, if required by the engineer, sanding material shall be applied before the TRMSS sealant begins to break. Sanding will be done in a manner so as to prevent appreciable amounts of sand from going onto any pavement prior to the sealant being applied.

Rate of Application: Sand will be applied at a rate of 0.35 – 0.75 pounds per square yard as determined by the engineer or the TRMSS sealant Manufacturer Representative.

Equipment: Sanding shall be accomplished using a sander with a computer rate-controlled system and mounted directly on the asphalt distributor. The sander shall be equipped with a variable control system to ensure reasonably even distribution of the sand at varying application widths and speeds. The sanding unit must have the ability to apply sand to the sealant without driving through the wet sealant. The sander must have variable control mechanisms to regulate sand distribution and should have a minimum hopper capacity of at least 5,000 pounds of sand. At the request of the engineer, the sanding unit will be calibrated prior to the start of the sealing

3.03 POST APPLICATION
After application of sealer, contractor shall squeeze off depressions in the pavement that collect residual sealer and puddles to avoid a tacky, slow curing surface.

CITY OF VALLEJO 158 Tuolumne, Georgia & Catalina TRMSS

3.04 FRICTION TESTING:

Friction tests shall be performed on all high-speed roads that received a seal coat. Each test includes performing friction tests at 40 mph and 60 mph (65 or 95 km/h) both wet with an approved continuous friction measuring equipment (CFME). The Contractor shall coordinate testing with the RPR and provide the RPR a written report of friction test results.

3.05 PROTECTION TO ADJACENT PROPERTY
Contractor shall take care to prevent the spraying of the TRMSS Seal Coat on adjacent pavement and that portion of the pavement being used for traffic, on structures, guard rails, guideposts, markers (all types), manhole and valve covers, trees, shrubs, and adjacent property, improvements, and facilities of all kinds. The contractor shall cover or protect Raised Pavement Markers (RPM), Manhole Covers, Survey Monuments, Water Valve Covers, Valley Gutters and Aprons from TRMSS spray and shall remove the protection or cover before opening the streets to traffic. Contractor shall be responsible for removing TRMSS sprayed on to the items mentioned above.

3.06 PROTECTION OF TREATED SURFACE
Contractor shall be responsible for providing adequate barricading and signing to protect both the motorized public and the treated surface. In the event of loss of striping, contractor shall be responsible for temporary traffic control using vertical panels, reflective raised pavement markers or chip seal markers. The treated surface shall be protected by barricades and/or signs until the TRMSS Seal Coat will not be picked up by traffic. Contractor shall follow the agency Barricade Manual in providing the required traffic control. In addition to the barricade manual, contractor shall be required to set out some informational signs and/or electronic message boards. Agency Contract Administrator/designee will work with contractor’s crew leader in detailing the location for said signs. Contractor shall be required to furnish and place temporary "No Parking" signs along streets that allow residential or commercial parking. These signs shall be placed 24-hours in advance of the application of the TRMSS Seal.

PART 4 MEASUREMENT AND PAYMENT

4.01 MEASUREMENT
A. TRMSS shall be measured by the square yard (SY) of actual surface area covered.

4.02 PAYMENT
A. Payment for “Tire Rubber Modified Surface Seal (TRMSS) shall be paid for by Bid Item No. 5, and shall include full compensation for TRMSS in conformance with these specifications and standards of the industry; including protecting existing utility covers and lids, marking the location of utility covers and lids, cleaning the surface, application of TRMSS, protecting the TRMSS until it has set, and all labor, materials, equipment, tools and incidentals necessary to CITY OF VALLEJO 159 Tuolumne, Georgia & Catalina TRMSS complete the work in place, in accordance to these contract documents and as directed by the Engineer.

B. Traffic Control is considered to be part of other bid items and no additional compensation shall be made therefor.

D-11 CLEARING, GRUBBING AND REMOVALS
Clearing, grubbing, and removal shall conform to provisions in Section 17-2.03B, “Clearing” and Section 17-2.03C “Grubbing,” of the Standard Specifications and these Special Provisions. 11-01 CLEARING, GRUBBING AND REMOVALS
Measurement and Payment
The contract lump sum (LS) price paid for “Clearing, Grubbing and Removals” shall include full compensation for clearing grubbing and removals as described in these Technical Specifications and no additional compensation will be allowed therefor. Full compensation for doing all work involved as specified herein including furnishing all labor, materials, tools, equipment for removal, providing storage and disposal of removed material, and for providing personnel protective equipment, training, air monitoring, and medical surveillance and incidentals as specified in these Special Provisions, and as directed by the Engineer. 12-01 TRAFFIC AND PEDESTRIAN CONTROL
Construction Area Signs
Construction area signs are required for the direction of public vehicle and pedestrian traffic through or around the work during construction.

Construction area signs shall be furnished, installed, maintained and removed when no longer required in accordance with the provisions in Section 12, “Temporary Traffic Control,” of the Standard Specifications, which sections are hereby incorporated in these Special Provisions as if set forth in full, and these Special Provisions. Sections 7-1.03, “Public Convenience,” and 7-

1.04, “Public Safety,” of the Standard Specifications set forth the Contractor’s responsibilities for public convenience and public safety.

Construction area signs shall not be used until they are needed, and when no longer needed, they shall be removed from the site of the work.

Maintaining Traffic
Attention is directed to Section 7-1.03, “Public Convenience,” Section 7-1.04, “Public Safety,” and Section 12 “Temporary Traffic Control,” of the Standard Specifications. Nothing in these CITY OF VALLEJO 160 Tuolumne, Georgia & Catalina TRMSS Special Provisions shall be construed as relieving the Contractor from his responsibilities as provided in said Section 7-1.04.

Construction area traffic control devices shall be installed and maintained in accordance with the applicable sections of these Special Provisions and to the current edition of the California Manual of Uniform Traffic Control Devices (CAMUTCD), Chapter 6, “Temporary Traffic Control”.

At the Pre-construction meeting the Contractor shall submit proof of “Qualification of Flaggers”, and “Documentation of Training” as per the most current CAMUTCD (2014, Rev. March 29, 2019) Section 6E.01. Further, Contractor shall comply with the following references by the CAMUTCD:
“To ensure that the traffic control device practitioner is accessing the most current information regarding traffic control device topics for California, the practitioner is advised to always reference the California MUTCD web site.” The California MUTCD, California Sign Specifications and other publications and related current information is available on the Internet at the following web link:
https://dot.ca.gov/programs/safety-programs/camutcd
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. The flag tree shall be placed where directed by the Engineer.

When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

Whenever the Contractor's operations obliterate pavement delineation (lane lines, either pavement markers or painted lines or both, or temporary delineation), such pavement delineation shall be replaced by either permanent or temporary delineation before opening the traveled way to public traffic. Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4 feet long nor less than 4 inches wide spaced no more than 10 feet apart on curves nor more than 20 feet apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's instructions.

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

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 or 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.

Flagging Costs
Section 12-1.04, “Payment,” of the Standard Specifications is amended to read:

CITY OF VALLEJO 161 Tuolumne, Georgia & Catalina TRMSS The cost of furnishing all flaggers, including transporting flaggers, to provide for passage of public traffic through the work under the provisions in Section 7-1.03, “Public Convenience,” and Section 7-1.04, “Public Safety,” of the Standard Specifications shall be considered as included in the contract lump sum price paid for Traffic Control System and no additional allowance will be made therefor.

Traffic Control Plan
It is the responsibility of the Contractor to provide an updated schedule and Traffic Control Plan ten (10) working days prior to beginning construction. Work shall not begin until the schedule and plan is approved by the Engineer.

The content of the Traffic Control Plan shall include, but not be limited to, the following:
a. Show location and limits of the work zone.
b. Give dimensions of lanes affected by traffic control that will be open to traffic. c. Indicate signing, cone placement, and other methods of delineation and reference to appropriate City or Caltrans standard.
d. Dimension location of signs and cone tapers.
e. Identify side streets and driveways affected by construction and show how they will be handled.
f. Show how pedestrian traffic will be handled through the construction site. g. Demonstrate how two-way traffic will be maintained.

No work except for the installation of project identification signage will be allowed to commence prior to approval of the work zone Traffic Control Plan.

Removal of On-Street Parking
Forty-eight (48) hours prior to construction, the Contractor shall place barricades signed “NO PARKING –TOW AWAY – Specific Time and Date(s)” at 100-foot intervals or a minimum of two (2) signs per block, whichever is greater, in the work area. “NO PARKING” signs must also state “C.V.C. 22651 (L)”. See example below.

TOW AWAY

NO PARKING

THERE SHALL BE NO

PARKING ON THIS STREET
BETWEEN THE HOURS OF:
_________ AND _________
ON ________________

VEHICLES FOUND IN

VIOLATION WILL BE
TOWED.

C.V.C. 2265(L)
CITY OF VALLEJO 162 Tuolumne, Georgia & Catalina TRMSS “NO PARKING – TOW AWAY” signs shall be submitted for approval by the Engineer prior to their use. The Contractor shall notify the Engineer immediately after the “NO PARKING” signs are in place. “NO PARKING” signs and barricades shall be supplied by the Contractor.

Failure to comply with this section will prevent the City from towing vehicles parked in the proposed work area. Any resulting delay will be the responsibility and at the expense of the Contractor.

Measurement and Payment
The contract lump sum price paid for “Traffic and Pedestrian Control” shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), Traffic Control Plan, tools, equipment, and incidentals and for doing all the work involved in placing, removing, storing, maintaining, and moving to new locations, replacing, and disposing of the components of the traffic control system as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer.

The adjustment provisions in Section 4-1.05, "Changes and Extra Work," 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 traffic control necessary. Such adjustment will be made in accordance with Sections 5-1.04 and 5-1.05 of these Special Provisions. 12-02 TEMPORARY PAVEMENT DELINEATION
Temporary pavement delineation shall be furnished, placed, maintained and removed in conformance with the provisions in Section 12-1.01, “General,” of the Standard Specifications and these special provisions. Nothing in these special provisions shall be construed as reducing the minimum standards specified in the California MUTCD or as relieving the Contractor from his responsibility as provided in Section 7-1.04, “Public Safety,” of the Standard Specifications.

General
Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic.

Work necessary, including required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with a new pattern of temporary pavement delineation or permanent pavement delineation.

Temporary pavement markers and removable traffic type tape which conflicts with a new traffic CITY OF VALLEJO 163 Tuolumne, Georgia & Catalina TRMSS pattern or which is applied to the final layer of surfacing or existing pavement to remain in place shall be removed when no longer required for the direction of public traffic, as determined by the Engineer.

Temporary Laneline, Centerline, and Edgeline Delineation Whenever lane lines and centerlines are obliterated the minimum lane line and centerline delineation to be provided shall be temporary reflective raised pavement markers placed at longitudinal intervals of not more than 20 feet. The temporary reflective raised pavement markers shall be the same color as the lane line or centerline the markers replace. Temporary reflective raised pavement markers shall be, at the option of the Contractor, one of the temporary pavement markers listed for short term day/night use (14 days or less) or long-term day/night use (6 months or less) in “Approved Traffic Products” of the Standard Plans and Standard Specifications.

Temporary reflective raised pavement markers shall be placed in conformance with the manufacturer’s instructions and shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required.

Removal of Temporary Pavement Markers Prior to Surface Treatment Temporary lane line or centerline delineation consisting of entirely of temporary reflective raised pavement markers placed on longitudinal intervals of not more than 20 feet shall be used on lanes opened to public traffic for a maximum of 14 days. Prior to the end of the 14 days the permanent pavement delineation shall be placed. If the permanent pavement delineation is not placed within the 14 days, the Contractor shall provide, at the Contractor’s expense, additional temporary pavement delineation. The additional temporary pavement delineation to be provided shall be equivalent to the pattern specified for the permanent pavement delineation for the area, as determined by the Engineer.

Measurement and Payment
Full compensation for Temporary Laneline, Centerline, and Edgeline Delineation; Removal of Temporary Pavement Markers Prior to Surface Treatment; and Portable Changeable Message Signs shall be considered as included in the various items of work and no separate payment will be made therefor.

Mare Island Strait
NapaRiver
LVM-1OF SHEETSDRAWING FILE #SHEETSCALEDATECITY PROJECT #APPROVED:ONDATEMARKINIT.

DRAWN BYCITY OF VALLEJOPUBLIC WORKS DEPARTMENT MAINTENANCE DIVISION 1PWC1092AS SHOWNLOCATION AND VICINITY MAPPROJECT LOCATION MAP

CITY OF VALLEJO, CALIFORNIAPLANS FOR

VICINITY MAP

TUOLUMNE ST - TENNESSEE ST TO FLORIDA STPAVEMENT REHABILITATION PROJECT

PROJECTLOCATION
05/21/2024

PUBLIC WORKS DEPARTMENT
FL
TUOLUMNE ST - TENNESSEE ST TO FLORIDA STPAVEMENT REHABILITATION PROJECTNTUOLUMNE ST (BETWEEN TENNESSEE ST & FLORIDA ST)Scale: 1" = 300' TENNESSEE STALABAMA STLOUISIANA STLOUISIANA STOHIO STSPRINGS RDL. ELLENBURG STFLORIDA STTUOLUMNE ST

Mare Island Strait
NapaRiver
LVM-1OF SHEETSDRAWING FILE #SHEETSCALEDATECITY PROJECT #APPROVED:ONDATEMARKINIT.

DRAWN BYCITY OF VALLEJOPUBLIC WORKS DEPARTMENT MAINTENANCE DIVISION 1PWC1092AS SHOWNLOCATION AND VICINITY MAPPROJECT LOCATION MAP

CITY OF VALLEJO, CALIFORNIAPLANS FOR

VICINITY MAP

GEORGIA ST - ROLLINGWOOD DR TO COLUMBUS PKWYPAVEMENT REHABILITATION PROJECT

PROJECTLOCATION
05/21/2024

PUBLIC WORKS DEPARTMENT
FL

GEORGIA ST - ROLLINGWOOD DR TO COLUMBUS PKWYPAVEMENT REHABILITATION PROJECT NGEORGIA ST (BETWEEN ROLLINGWOOD DR & COLUMBUS PKWY)Scale: 1" = 300'ROLLINGWOOD DRLOCKWOOD DRKEATS DRGEORGIA STCORKWOOD STAUDEN STCOLUMBUS PKWY

Mare Island Strait
NapaRiver
SanPabloBay
LVM1OF SHEETSDRAWING FILE #SHEETSCALEDATECITY PROJECT #APPROVED:ONDATEMARKINIT.

DRAWN BYCITY OF VALLEJOPUBLIC WORKS DEPARTMENT MAINTENANCE DIVISION 1PWC1092AS SHOWNLOCATION AND VICINITY MAPPROJECT LOCATION MAP

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CATALINA CIRCLE, AVALON CIRCLE AND AVALON WAYPAVEMENT REHABILITATION PROJECTPROJECTLOCATION 05/17/2024

PUBLIC WORKS DEPARTMENT
FL

CATALINA CIRCLE, AVALON CIRCLE AND AVALON WAYPAVEMENT REHABILITATION PROJECT NCATALINA CIRCLE, AVALON CIRCLE AND AVALON WAYScale: 1" = 300' CATALINA CIR.AVALON CIR.AVALON WAYCATALINA CIR.CATALINA CIR.CATALINA WAYMEADOWS DR.AVALON CIR.AVALON CIR.

CONSENT CALENDAR 8.E.

DATE: December 17, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
Sidney Wilson, City Manager's Office
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE FY 2024-25 MARINA FUND BUDGET TO RECEIVE AND EXPEND THE GRANT REVENUE IN THE AMOUNT OF $1,500,000 FROM THE CALIFORNIA NATURAL RESOURCE AGENCY (CNRA) (STEP 2)

RECOMMENDATION
Adopt a resolution amending the FY 2024-25 Marina Fund Budget to receive and expend the grant revenue in the amount of $1,500,000 from the California Natural Resources Agency (CNRA). (Step 2)

REASONS FOR RECOMMENDATION
The City of Vallejo applied for an allocation of funds from the California Natural Resources Agency for the Vallejo Municipal Marina to address the damaged sea wall that occurred as a result of the 2018 storms. The California Natural Resources Agency grant procedures require the City to certify by resolution the approval of a Project Information Package before submission to the State as an initial step. The City will enter into an agreement with the State of California after the resolution is accepted by the State

The notice of intention to amend the budget (step 1) was provided to City Council on December 10th, 2024.

BACKGROUND AND DISCUSSION
Background

California recently adopted legislation, which the governor signed, awarding the City of Vallejo $1,500,000 in grant funds to assist the City with the soft costs associated with rehabilitating the City of Vallejo Marina Seaway. At it's December 10, 2024 meeting, the City Council took the necessary steps to approve receipt of the funds and to provide notice that it intended to amend the budget and spend the funds on the project. The City Charter provides for a two-step process to amend the City budget with the first step being notice to the City Council and to the Community and the second step being the actual amendment. The action tonight is the amendment of Marina Fund 451 to accept the funds and authorize their expenditure. Once staff has a final grant agreement, it will be brought back to the City Council for final approval.

The City intends to expend the funds on the soft costs for the project which include project management, grant administration, public outreach, environmental assessment, hydrographic surveys, structural assessment, alternative analysis, cost analysis, environmental review, conceptual design, geotechnical evaluations, sediment sampling, environmental permitting and fees, design the full project, and bid phase services, and a 15% contingency fee.

Completing these planning expenses will support the marina rehabilitation and allow the City to pursue and compete for additional grant funding to complete construction-related activities such as dredging, removing and replacing the deteriorating walls, and adding new entrances to the marina. While there is no requirement under the terms of this grant that we encumber the Marina, if we receive an additional grant from the same

Date: December 17, 2024
Subject:

ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE FY 2024-25 MARINA FUND BUDGET TO RECEIVE AND EXPEND THE GRANT REVENUE IN THE AMOUNT OF $1,500,000 FROM THE CALIFORNIA NATURAL RESOURCE AGENCY (CNRA) (STEP 2)

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Vallejo City CouncilDecember 17, 2024

Vallejo City Council
December 17, 2024