Vallejo City Council
July 22, 2025

Ghilotti Bros. Inc. Construction Contract Page 101 of 192 Cape Seal 2025 Project No. MP2025
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, 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

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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;
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;

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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 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.

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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:

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.

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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,

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no material may be disposed of on that property unless the Contractor has first either:

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.

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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 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

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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 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

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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."
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.

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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

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.

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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 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

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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.

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

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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.

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:

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.

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.

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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.

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 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.

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

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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.

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

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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 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

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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 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

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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 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,

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"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

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extra work as provided in Section 4-1.03D.

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.

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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 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."

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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.

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 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 2025 CAPE SEAL, PROJECT NO. MP-0001 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

END OF SECTION

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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:

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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), "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.

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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:
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).

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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.

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

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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.

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:

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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(1b), "Labor Surcharge."
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.

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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.

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

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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 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

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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.

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•Performance of the work by Contractor without properly processed shop drawings. •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

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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.

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.

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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 20104-20104.6 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 effect 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

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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
Contract Interpretation Disputes: Should it appear to the Contractor that the work is 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

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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) 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

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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.

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

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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 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.

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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 due under the provisions of this Section 9-1.09, provided, however, if the total

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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

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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.

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.

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(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. (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

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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 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.

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(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(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.

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(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 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

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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, unless a later enacted statute, that is enacted before January 1, 2030, deletes, or extends that date.
9-2.00 WAGE AND EQUIPMENT RATES

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.

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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 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

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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

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SECTION 10: GENERAL CONSTRUCTION
(SECTION 10)
10-01 ORDER OF WORK
Order of Work shall conform to the provisions in Section 10-1.02, “Work Sequencing,” of the California Department of Transportation 2023 Standard Specifications (Standard Specifications) and the Special Provisions.

Access to businesses shall be maintained at all times.

The Contractor shall submit traffic/pedestrian control plans and a construction street schedule to the Engineer within five (5) calendar days after receipt of Notice of Award from the City. Refer to Technical Requirements of this project manual for more details.

The Contractor shall have a representative on all working job sites at all times while work is actually in progress, whose sole duties shall be to supervise the work crews and coordinate activities pertaining to the contract operations, including traffic control and public notifications.

If needed, the Contractor shall secure a staging area along the project site and shall obtain a written approval from the property owner. A staging plan along with the approval letter from the property owner shall be submitted for review by the Engineer as soon as the use of the staging area is secured. Work shall not begin until the Engineer has reviewed the staging plan and approval letter.

Notifications
General Notifications
The Contractor shall notify and coordinate with the public, transit companies, local law enforcement, fire departments, utility companies, refuse collectors, schools, and any other affected parties at least two (2) weeks prior to the start of construction. Additional notifications may be required during the course of the project, as outlined below.

The Contractor is fully responsible for coordinating the removal of any vehicles within the designated work area. Work shall not begin until all vehicles have been removed. The Contractor shall also coordinate the sequencing of work across multiple streets to minimize daily disruptions and maximize efficiency.

Notifications shall include, but are not limited to, the following information:
•General project information
•Traffic delays and alternate routes
•Tree removals and/or trimming
•Driveway closures
•Temporary relocation of bus stops
•Waste collection schedules
•Information on the two-step cape seal process, a request to drive slowly while chips are exposed, and a contact phone number for questions

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2-Week Notifications
At least fourteen (14) days before starting work at each location, the Contractor shall notify all residents and businesses affected by the construction. Notifications shall be in writing and include:
•General information about the project
•Estimated construction date range
•Working hours
•Contractor’s name and contact information
•Any other pertinent details
A copy of the proposed written notification must be submitted to the Engineer for review seventy-two (72) hours prior to delivery.
72-Hour Notifications
The Contractor is responsible for delivering City-approved door hangers at least 72 hours prior to grinding and resurfacing operations. Door hangers must include dates, times, relevant project information including a description of the work being performed (e.g. Cape seal is a two-step pavement surface treatment that combines a chip seal followed by a slurry seal. The process begins with applying a chip seal, which involves spraying a layer of asphalt emulsion on the road surface and covering it with aggregate chips. After the chip seal is set and the excess aggregate is swept away, a slurry seal layer is applied over the top. Please drive slowly on freshly chip-sealed roads for at least one week to prevent dislodging the chips and to help the treatment properly set.), the Contractor’s schedule, contractor contact name and phone number that can be reached after hours and on weekends to address concerns from residents or businesses. Notifications shall instruct the property owners when access to the road will be closed or time period during when vehicles must be kept off the street during the construction. Upon completing the notifications, the Contractor shall confirm delivery of notice in writing to the City.

If resurfacing operations are postponed or cancelled and no work occurs in the area for more than seven (7) calendar days, the Contractor must re-notify affected parties using City-approved door hangers at least two (2) working days before work resumes.

Failure to comply with notification requirements will result in a stop work order. The Contractor shall maintain a chronological log of all written notifications, including a list of recipients, and make this log available to the Engineer upon request.

No work may begin until all required notifications and coordination activities have been completed.

Work Progress Criteria
Curb ramp installation will be the first operation in the project. Existing ramps will be removed and replaced with new ADA-compliant ones, including tactile wearing surfaces. The ramp installations shall be finished before the surface sealing to ensure proper transitions.

Patch paving will be the construction operation to be conducted next. The contractor shall coordinate and measure with the assigned City Inspector of all dig-out locations before grinding and eventually re-paving.

Crack seal operation shall be initiated with an approved weed removal spray 1 week before crack seal installation. Contractor is to proceed with the standard crack seal installation by the use of mechanized air spray of the dried weed removal completely before crack seal is placed. Cracks with a width between 3/8- 1inches shall be crack sealed and use a flat plate, squeegee, or overbanding for finishing.

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After obliterating all Thermo-plastic striping and pavement markers, temporary markings and striping are to be re-installed on the same alignment and location. The Contractor shall install reference with a sufficient number of control points to re-establish the alignment and location of the new markers, markings, and striping.

Striping and markings to be removed shall occur no more than 3 working days prior to surface treatment operation.

For Cape Seal application, the Chip Seal shall be installed as the lower (first application) layer, and Slurry seal shall be installed as the top (second application) layer as called out on the plans. Place Slurry Seal over Chip Seal following a seven (7) days wait period to allow adequate curing of the asphalt binder in the chip seal layer and to ensure the chips have properly embedded into the surface. Ensure Chip Seal is clean.

Striping installation shall be complete after 5 calendar days following surface treatment operation.

Measurement and Payment
Full compensation for all items mentioned in Section 10-01 shall be considered as included in the prices paid for the various items of work involved and no additional compensation will be allowed. 10-02 MOBILIZATION
Measurement and Payment
The contract lump sum (LS) price paid for the “Mobilization” shall include full compensation for mobilization as defined in Section 1 - General and no additional compensation will be allowed, therefore.

Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing the work involved in the procurement, setup and maintenance of the staging area shall be considered as included as part of "Mobilization".
10-03 DUST CONTROL
Dust control shall conform to the provisions in Section 10-5, "Dust Control," of the Standard Specifications.

Measurement and Payment
Full compensation for Dust Control shall be considered as included in the prices for the various items of work and no additional compensation will be allowed therefor. 10-04 WATER POLLUTION CONTROL
Water pollution control work shall conform to the requirements in Section 13, “Water Pollution Control,” of the Standard Specifications, and these special provisions.

All operations shall be in compliance with the provisions of the Clean Water Act, Regional Water Quality Control Board, and policies with regard to protection of the storm water system from any pollutants. The Contractor is required any necessary water pollution control permits.

Measurement and Payment
Full compensation for “Water Pollution Control Plan” shall be considered as included in the prices for the

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various items of work and no additional compensation will be allowed therefor. 10-05 DAMAGE REPAIR
Attention is directed to Section 5-1.39, "Damage Repair and Restoration," of the Standard Specifications.

Any damage to existing facilities or properties during the period of the work shall be returned to the original condition or better at Contractor's expense.

Measurement and Payment
Full compensation for Damage Repair shall be considered as included in the prices for the various items of work and no additional compensation will be allowed therefor. 10-06 FULL DEPTH BASE REPAIRS AND UNSUITABLE SUBGRADE OVER-

EXCAVATION
Full Depth Base Repair (4-inch Deep) will be made in and adjacent to the resurfacing areas shall conform to these Special Provisions. Full Depth Base Repair shall conform to the details shown on the Plans and consist of removal of 4-inch of existing concrete, asphalt concrete pavement and/or base rock in the areas as shown on the Plans and as directed by the Engineer, scarification and recompaction of base material and placing 4-inch of new asphalt concrete as outlined in these Special Provisions and as shown on the Plans.

Full Depth Base Repair (4-inch Deep) shall be repaved in lifts not exceeding 2 inches.

Full Depth Base Repair (4-inch Deep) shall be limited to the areas marked in the field. Care shall be taken by the Contractor not to damage concrete collars for utility frames/covers, gutters, valley gutters, or other adjacent facilities. No additional compensation will be made for excavation, grinding or other work beyond the limits of the areas marked by the Engineer for Digout Repair locations. Any additional excavation or repaving beyond the areas designated that is associated with grinding, incidental removal, sluffing or excavation, including spalling of fractured pavements done by the Contractor beyond the limits of the areas marked by the City Engineer shall be at Contractor’s cost.

Removal
The Contractor shall remove all material including asphalt concrete, concrete, base rock, or other materials to a minimum depth of 4” as measured from finish grade in the areas marked or directed by the Engineer.

In areas where the existing grade is below the finish grade of the completed repair, the depth of the depression may be deducted from the depth of the removal. Areas designated as Full Depth Base Repair (4-inch Deep) near tree root uplift areas shall include the pruning and removal of tree roots if encountered.

The Contractor shall perform this work by either cold planing or excavation. If the Contractor elects to use excavation, all edges shall be neatly saw cut prior to the excavation operations. If the Contractor elects to use cold planing, the Contractor shall be solely responsible for any removals and repairs in excess of the mark outs provided by the Engineer whether due to non-cohesive or alligatored asphalt, equipment size, or any other reason whatsoever.

Remove pavement to the depth specified or, if the existing asphalt concrete thickness is greater than the specified depth of the base repair, until soil/subgrade is exposed. Re-compact exposed soil/subgrade to 95% of maximum dry density (ASTM D1557). The material grindings (including paving fabric) from the roadway surface, including material deposited in existing gutters or on the adjacent traveled way shall be immediately removed from the site of the work and disposed of, unless otherwise directed by the Engineer.

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All material removed by grinding, including pavement fabric, if present, shall be cleaned up and legally disposed of at a licensed disposal facility. Recycling of the material is encouraged in compliance with the City recycling ordinance.

Disposal
The Contractor shall be responsible for recycling or disposal of all removed bituminous pavement, concrete and base material in accordance with the Special Provisions.

Asphalt Concrete
Asphalt concrete base and asphalt concrete surface and the placing thereof shall conform to the requirements of Section 39, “Hot Mix Asphalt,” of the 2023 Standard Specifications, which sections are hereby incorporated in these Special Provisions as if set forth in full, with the following modifications:

Aggregate shall be Type B, 3/4" maximum, course grading with bituminous binder of steam-refined paving asphalt of PG 64-16 viscosity conforming to the latest published provisions in Section 92, “Asphalt Binders” of the Standard Specifications. Asphalt placed for Full Depth Base Repair may be placed up to a depth of 2-inch in a single lift.

The Contractor shall furnish the City Engineer, at least ten (10) working days prior to the start of work, a list of sources of materials together with a Certified of Compliance indicating that materials to be incorporated in the work fulfill the requirements of these specifications and a mix design for the asphalt concrete. The mix design shall be performed in accordance with CTM 366. The Certified of Compliance shall be signed by the material supplier or his representative. The Contractor shall be responsible for all costs associated with the required mix design.

Prior to placement of new asphalt concrete, the Contractor shall clean the existing asphalt concrete surface in accordance with the Special Provisions.

A tack coat, type SS-1, shall be applied to all mating surfaces along edges to receive asphalt concrete prior to placement of new asphalt concrete and shall conform to Section 94, “Asphaltic Emulsions” of the Standard Specifications. Tack coat shall not be required between lifts of new HMA in Digout Repairs or Deep Digout Repairs where more than one lift is required.

Placement of asphalt concrete shall be in accordance with Section 39-3, “Method Construction Process,” of the 2010 Standard Specifications. Asphalt concrete shall be compacted to 91-97% of maximum theoretical compaction (California Test 309) as determined by California Test 375 (Nuclear Density Device may be used).

The completed asphalt surfacing shall be true to grade and cross section, of uniform smoothness and texture, compacted firmly and free from depressions, humps or irregularities.

All areas excavated for Full Depth Base Repair shall be completely repaved on the same working day.

Areas where paving has been removed shall not be left unpaved. Attention is directed to Section entitled “Maintaining Traffic” of these Special Provisions. A drop-off of more than 0.10 foot will not be allowed at any time in areas open to public traffic.

Temporary asphalt concrete tapers, if permitted, shall made with ½” hot mix AC or taper grinding of the existing pavement edge to provide a slope of 30:1, or flatter, between adjacent lanes open to traffic.

Unsuitable Subgrade – Over-Excavation

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Areas that exhibit yielding subgrade shall be over-excavated to a depth of 6 inches. The subgrade shall be compacted to minimum ninety-five percent (95%) of maximum dry density (ASTM D1557). The excavation shall be squared off, thoroughly cleaned out, backfilled with hot-mix asphalt material in lifts of up to three (3)-inches maximum and properly compacted. The finished repair shall be tight, level, and shall match the grade and profile of the existing grade prior to application of final pavement resurfacing. The excavation shall be accomplished with proper equipment and in such a manner that the stability of subgrade is not destroyed, and underground utilities are not damaged.

Mark-outs and Quantity Verification
All areas to receive Digout Repair shall be marked and measured by the Engineer in the field. The Contractor shall review these mark outs and measurements in the field with the Engineer prior to commencing any Digout Repair work. The Contractor shall bring any exceptions taken to the Engineer’s mark outs and/or measurements to the Engineer’s attention prior to proceeding with any work. Any such exceptions shall be made in writing. The Engineer will review any exceptions noted by the Contractor and issue a written response. The amount of Digout Repair used for Measurement and Payment shall be based on the measurements as adjusted by the Engineer. Measurements of post-Digout Repairs shall not be used for measurement and payment and the Contractor shall be solely responsible for the cost of any Digout Repairs made in excess of these measurements.

Measurement and Payment
“Full Depth Base Repair (4-inch Deep)” shall be measured by the square foot of material removed and repaired. Only those areas marked and measured by the Engineer prior to the work will be eligible for measurement. Any base repairs made beyond these measurements shall not be measured for payment.

The estimated quantity of Full Depth Base Repair is for bidding purposes only. This quantity may be increased, decreased, or eliminated in its entirety based on field condition evaluation by the City Engineer, and no adjustment in the contract bid price or other contract items will be made.

In the event of an increase or a decrease in the amount of the City Engineer’s estimated quantity of Full Depth Base Repair, such increase or decrease shall not be considered an alteration in excess of the 25 percent of the contract amount of such items and no adjustment of the contract price for Digout Repair will be made by reason of such increase or decrease.
“Full Depth Base Repair (4-inch Deep)” will be paid for at the contract price per square foot. No payment shall be made for Full Depth Base Repair made by the Contractor in excess of the measurements made by the Engineer. Payment shall include full compensation for doing all work involved in as specified herein including labor, materials, tools and equipment, saw cutting, excavation, grinding, disposal, scarification and recompaction of base material, tack coat, asphalt concrete and compaction, traffic control, as shown on the Plans, as specified in these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed.
“Subgrade Over-Excavation (Revocable Bid Item)” shall be measured and paid for all the contract price by the cubic yard of all the work necessary to excavate where unsuitable subgrade is encountered, including but not limited to excavation, compaction of the subgrade or base, asphaltic emulsion, and furnishing, placing and compacting HMA (Type A), as specified in the 2023 Standard Specifications and these Special Provisions, and as directed by the Engineer. Basis for volume calculations shall be the area to be over-excavated and the specified depth. The depth for volume calculation is given by the actual field- measured depth and no increase will be allowed.
10-07 PROGRESS SCHEDULE
Progress schedules will be required for this contract and shall conform to the provisions in Section 8,

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"Prosecution and Progress" of the Standard Specifications.

A project schedule detailing the work and street location of the work shall be submitted to the Engineer for review at the pre-construction meeting. Any changes to the reviewed schedule shall require a revised schedule to be resubmitted to the Engineer for review prior to commencing work for the following week.

The maximum slurry seal scheduled in a single day shall not exceed 200,000 SF and be completed a minimum of 3 hours before the end of the working day to allow for cure time.

The Contractor shall deliver an approved schedule to the following a minimum of 72 hours prior to starting work:

1. U.S. Post Office

2. Recology

3. SolTrans
Work shall be scheduled in such a way that will not impact garbage collection. 10-08 OBSTRUCTIONS
Attention is directed to Sections 5-1.36C, "Non-highway Facilities," and Section 15, "Existing Facilities," of the Standard Specifications.
10-09 SPECIFIC BRAND OR TRADE NAME AND SUBSTITUTION
Attention is directed to Section 6-04 REQUEST FOR SUBSTITUTION OF MATERIALS of the Special Provisions.
10-10 UTILITY ADJUSTMENTS
The manhole utility covers and survey monuments in the Bid Proposal listed as “Adjust Sanitary Sewer Manhole Frame and Cover to Grade (VFWD) (Revocable Bid Item)”, “Adjust Storm Drain Manhole Frame and Cover to Grade (City of Vallejo) (Revocable Bid Item)”, “Adjust Water Valve Box and Cover to Grade (City of Vallejo) (Revocable Bid Item)”, “Adjust Water Meter Box to Grade (City of Vallejo) (Revocable Bid Item)”, “Adjust Sanitary Sewer Rodding Inlet Box and Cover to Grade (VFWD) (Revocable Bid Item)”, and “Adjust Survey Monument Box and Cover to Grade (City of Vallejo) (Revocable Bid Item)” are those which may be affected by full depth base repairs. All utility covers, survey monuments and manholes that are within the cape seal project limits but not affected by full depth base repairs shall be protected in place and uncovered after the surface seal.

The Contractor shall be responsible for replacing and/or adjusting all frames and covers of existing storm drain and sanitary sewer manholes, valve and monument boxes, and other utilities (collectively, “iron”) affected by full depth base repairs to finished grade if necessary.

This work shall consist of adjusting iron below the grading plane in excavation (roadway inlay) areas, and then to finished grade following placement of the top layer of asphalt concrete pavement. The Contractor shall adjust the iron to below the planed surface prior to cold planning/excavation operation.

Work by the Contractor shall include locating, referencing, and setting sufficient marks prior to adjusting facilities below the planed surface or grading plane to enable their subsequent retrieval by the Contractor.

The Contractor shall reference and set marks for all facilities.

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Adjustments below the planed surface shall include placement of a temporary false bottom in sanitary sewer manholes, removal of rings as required, placing and securing an acceptable temporary lid or cover below the planed surface or grading plane elevations, and placement of temporary asphalt concrete over and around the temporary lid or cover as required to allow for the passage of vehicular traffic prior to and following cold planning (milling) or excavation operations.

The final adjustment to finished grade of all manhole frames shall consist of resetting the manhole frame to grade by adjusting and/or reconstructing the existing concrete riser rings within the throat area. The existing concrete collar shall be reconstructed to conform to the detail shown on the plans, and the existing concrete riser rings shall be replaced, if damaged. The reconstructed sections shall be at least equal in quality to the existing structure. In no case shall the precast barrel section be disturbed. Cast iron extension or adjustment rings will not be allowed in the adjusted structure.

Measurement and Payment
The unit price per each paid for the “Adjust Sanitary Sewer Manhole Frame and Cover to Grade (VFWD) (Revocable Bid Item)”, “Adjust Storm Drain Manhole Frame and Cover to Grade (City of Vallejo) (Revocable Bid Item)”, “Adjust Water Valve Box and Cover to Grade (City of Vallejo) (Revocable Bid Item)”, “Adjust Water Meter Box to Grade (City of Vallejo) (Revocable Bid Item)”, “Adjust Sanitary Sewer Rodding Inlet Box and Cover to Grade (VFWD) (Revocable Bid Item)”, and “Adjust Survey Monument Box and Cover to Grade (City of Vallejo) (Revocable Bid Item)” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in raising lowering existing utility frames to grade, including coordination with the utility companies, inventorying, removing, and storing covers, removing concrete collars, placing temporary traffic rated covers, placing temporary or permanent HMA (Type A) pavement, tack coat, placing concrete collars, shimming or grade rings as required, adjusting to finish grade, complete in place; as directed by the Engineer.

END OF SECTION

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SECTION 11: TEMPORARY TRAFFIC CONTROL
(SECTION 12)
11-01 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 display the City logo, project name, and a note indicating that the project is funded by Measure P. The City Engineer will provide example signs from past paving projects for reference.

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 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, Revision 9 dated April 1, 2025) 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

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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:

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
Seventy-two (72) hours prior to construction, the Contractor shall place barricades with signs stating: “NO PARKING – TOW AWAY – [Specific Time and Date(s)] – C.V.C. 22651 (L)” These signs shall be posted at 100-foot intervals or a minimum of two (2) signs per block, whichever amount of signage is greater.

The Contractor shall identify any/all abandoned or unregistered vehicles in the work zone and work with the Engineer to have the Vallejo Police Department tag them at least 72 hours before construction begins.

The Contractor is responsible for ensuring that all vehicles are cleared from the work area before work commences.

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Signs shall remain in place for a full 72 hours before restrictions take effect and must be maintained by the Contractor. Any damaged or missing signs must be promptly reset or replaced. Upon completion of work, all signs, stakes, and barricades must be completely removed.

The Contractor is fully responsible for coordinating the removal of parked cars with the Vallejo Police Department. Upon posting of “No Parking” signs, the Contractor must notify the Engineer and Police Traffic Sergeant. For vehicle removal, the Contractor must notify the Sergeant no less than two (2) hours in advance and provide the address nearest the vehicle, along with the vehicle's make, model, color, and license plate number.

The City will not be responsible for any delays or costs related to vehicle removal.

If a vehicle owner successfully contests a towing citation in court and the citation is dismissed due to the Contractor’s failure to comply with this specification, the Contractor shall reimburse the City for any related claims.

The Contractor shall allow City or utility company crews to use the traffic control system when it is in place.

However, the Contractor is not required to maintain traffic control beyond their scheduled work activities.

Resurfacing operations shall be staged to prevent traffic from entering newly sealed areas until curing is complete and approved by the City. Any damage caused by premature traffic access shall be repaired by the Contractor at their own expense. Traffic detours through intersections shall be implemented according to the City-approved traffic control plan.

The Contractor shall maintain immediate access for emergency vehicles during all working hours. The Contractor must also contact and coordinate with schools, fire and police departments, hospitals, and any other facilities designated by the Engineer to minimize disruptions to their operations.

The Contractor shall cooperate with City work crews when the traffic control system is active and local authorities relative to handling traffic through the area. Contractor shall make their own arrangements to keep the working area clear of parked vehicles.

Measurement and Payment
The contract lump sum price paid for “Traffic 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

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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. 11-02 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 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

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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.

Scheduling of Striping after Surface Seal has Cured
Permanent traffic stripes, pavement markings and pavement markers shall be installed in accordance with Section 14-03, “Traffic Stripes and Pavement Markings,” of these Special Provisions.

The Contractor shall be responsible for implementing and maintaining temporary delineation until permanent striping, pavement markings and pavement markers have been permanently installed in accordance with Section 12-6, “Temporary Pavement Delineation,” of these Special Provisions.

Any tire tracking from surface seal surfaced streets to other streets that defaces existing striping and markings shall be washed off the street.

Measurement and Payment
The contract lump sum price paid for “Remove Thermoplastic Markings, Striping, and Lane Markers” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in removing of all pavement markers, thermoplastic stripes and legends on all project street segments (within and adjacent to slurry seal limits), including, recording of all existing striping and markings, clean up and other incidental work, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefore.

END OF SECTION

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SECTION 12: CLEARING, GRUBBING AND REMOVALS
(SECTION 17)
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. 12-01 CLEARING, GRUBBING AND REMOVALS
Measurement and Payment
Full compensation for Clearing, Grubbing and Removals shall be considered as included in the various items of work involved 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.
12-02 CRACK SEALING
Crack sealing shall consist of preparing and sealing pavement cracks on roadway sections to receive surface seal with a hot applied rubberized crack sealant to prolong the life of existing pavements by preventing moisture from penetrating the roadway structure, and by preventing the spalling of material from the edges of the cracks. A roadway will include all travel lanes, shoulders, and intersections. Crack sealing shall be required to clean, prepare, and seal all cracks between 1/8 inch and greater in width in asphalt concrete pavement as noted on the Plans. Crack sealing shall not be performed within areas designated for full depth base repairs. The existing surfaces shall be properly cleaned (with a self-loading vacuum type motor sweeper) of all dust and debris prior to all crack sealing. All crack sealing shall extend through existing striping, pavement markings and legends. Also included in all crack sealing work shall be the removal of weeds and vegetation by burning, routing and cleaning at joints between the existing asphalt concrete pavement and the existing lip of gutter prior to surface seal installation.

Materials
Attention is directed to the provisions in Section 37, “Bituminous Seals,” Section 92, “Asphalt Binders,” and Section 94, “Asphaltic Emulsions,” of the Standard Specifications. Crack sealant shall be a commercial rubberized material of paving asphalt and ground rubber or ground rubber and polymer. Rubber content shall be a minimum of 20% by weight. The gradation of the ground rubber shall be such that 100 percent will pass a No. 8 sieve.

Modified asphalt crack sealant shall conform to the following requirements:

Test ASTM Designation Requirements
Softening Point D 36 82°C min.

Cone Penetration @ 25°C D 5329 30 dmm, min.

Resilience @ 25°C D 5329 40 percent min.

Flow D 5329 3 mm max.

Modified asphalt sealant material shall be furnished premixed in containers with an inside liner of polyethylene. Packaged material shall not exceed 66 pounds in weight and shall be capable of being

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melted and applied to cracks at temperatures below 400°F and shall readily penetrate cracks ¼ inch wide or wider.

Materials supplied shall be subject to a Laboratory Evaluation prior to use. When a sample of the product has been heated at 350° F. for two hours, it shall pass the following tests: 1) Softening Point (R&B) 135° F. min. (ASTM D-312), and 2) Flexibility: A 1/8” thick specimen of the product conditioned to 10° F shall be capable of being bent to a 90-degree angle over a 1” mandrel without cracking.

Preparation
Prior to crack cleaning, the Contractor shall inspect the roadway. All cracks within the entire width of the pavement surface, which are greater than 1/8 inch in width showing signs of raveling or spalling shall be cleaned. All cracks ¼ inch to 1 inch shall be cleaned. In cracks where sealant has been previously applied, old sealant that is not firmly adhered to at least one side of the crack shall be removed using a router or other approved method. All cracks previously sealed where the sealant has separated from one wall by 1/8” or more shall be cleaned and re-sealed. Do not clean cracks greater than 1 inch, and do not use rubberized crack sealant to seal spalls or cavities greater than 4 inches, unless otherwise directed.

Seven days prior to crack cleaning, the Contractor shall apply a broad-spectrum contact herbicide (industrial Round Up or equal). The herbicide shall include an integral dye to identify areas of application. One-week of contact time of the approved weed removal spray shall be allowed between herbicide application and further work on crack sealing. Once this time has elapsed and all weeds are visibly dead, Contractor is to proceed with the crack cleaning by the use of pressurized air spray or approved mechanical methods as required to completely remove dried weed, moisture, old sealants, and all other loose material. Heating and/or burning are not acceptable methods of weed removal. Cracks shall be cleaned to a minimum of two times the width of the crack or one inch, whichever is greater. Old sealant which protrudes above the asphalt concrete surfacing shall be completely removed. Keep these areas clean and dry until all sealing operations are completed. Use a propane lance unit capable of producing a blast of hot air that operates at 97 psi, 2.5 cubic feet per second, 900°F and a gas velocity of 2,000 feet per second. Take care to not burn or overheat pavement with hot-air lance. The temperature of the hot-air lance shall be kept below 930°F and the tip 2 to 4 inches from the crack.

Sealing
Crack sealant shall be applied only after the cracks and adjacent asphalt concrete surfacing have been thoroughly cleaned and dried. Crack sealant material shall be spread with a nozzle or device approved for use by the Engineer and is placed within the specified temperature range. The sealing operation shall follow directly behind the cleaning operation. In no instance shall the crack sealing operation be separated from the cleaning operation by more than 250 feet.

All cracks within the entire width of the pavement surface, which are greater than 1/8 inch shall be sealed as follows:

1. All cracks within the entire width of the pavement surface, which are greater than 1/8 inch and less than ¼ inch, shall be sealed. These cracks shall be cleaned only if they show signs of raveling or spalling.

2. All cracks greater than ¼ inch and less than 1 inch shall be cleaned and sealed.

3. Do not seal cracks greater than 1 inch (25 mm) wide, and do not seal spalls or cavities greater than 4 inches (100 mm), unless otherwise directed.

4. When directed, cracks that are one inch wide or wider shall be filled with sealant flush with the existing asphalt concrete surfacing. While the sealant is still hot, these cracks shall be covered with crushed aggregate conforming to the provisions for Type II slurry seal in Section 37-3.01B(2), “Aggregate,” of the Standard Specifications and compacted with a wetted steel wheel roller or

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vibrating plate compactor large enough to compact the sealant to the cross section shown on the Plans. Light brooming shall be performed to remove loose excessive sand prior to opening a lane to public traffic that is not controlled by a pilot car.

5. Sealant application shall be to a minimum 1-inch depth.

6. Where cracks are over ½ inch wide and over 3 inches in depth the crack shall be filled with sand prior to sealing. Fill the crack to 1 inch below the adjacent pavement surface and tamp lightly with a steel rod to reduce any voids in the sand.

7. Except where cracks show signs of raveling or spalling, crack sealing shall be filled flush with no overbanding. All sealant left on the surface shall be squeegeed.

8. Where cracks have been filled with sand, the finish surface of the sealant shall be slightly recessed from the adjacent pavement surface.

Where cracks show signs of raveling or spalling, overband the crack ½ inch on each side of the crack.

Squeegee flush with surface.

Heat the sealant in a kettle or melter constructed as a double boiler, with the space between the inner and outer shells filled with oil or other heat-transfer fluid. Use a kettle or melter with separate thermometers for the oil bath and mixing vat. Equip the kettle with a full sweep type agitator. Also, equip the kettle with a 2- inch (50 mm) minimum recirculating pump to provide circulation of the materials when not applying the crack sealant. Do not apply direct heat to the sealant.

Follow manufacturer’s recommendations for sealant application temperatures. Hot-pour crack sealant shall be heated to the temperature specified by the manufacturer. [Hot rubberized asphalt is generally applied at 370°F to 390°F.] Overheating will not be permitted. The sealant shall be circulated in the hose when the installation train is idle.

Use a mechanical applicator wand capable of continuously feeding the sealant through nozzles capable of placing the crack sealant. A positive sealant flow shutoff mechanism is required. Sealant shall be even and consistent. Sealant shall not be reheated more than the allowable number of times nor greater than the recommended period of time as recommended by the manufacturer. Sealant shall flow evenly with no surging. The vat is to be kept part full at all times.

Cracks shall be filled from the bottom up. There shall be no bubbles due to moisture present in the crack.

Crack sealant shall be applied so that the crack is flush filled immediately following application. Fill the entire crack reservoir with the sealant from the bottom up to approximately 1/16 inch above the pavement surface.

Excess crack sealant shall be removed from the pavement surface immediately following application.

Removal shall involve the use of a squeegee, starting from the centerline and proceeding to the shoulder.

Immediately scrape the filled cracks with a V-shaped or U-shaped squeegee, or similar hand tool, to smooth the overfill. Squeegee shall be the correct shape and shall not be worn. Squeegee shall be kept clean and free of carbon or filler build up. Squeegee shall be operated at the correct distance from the crack and be centered on the crack.

Reapply sealant to any areas that are underfilled or material shrinkage has resulted in a depressed sealant surface. Application shall not be accepted unless it has an even and uniform appearance flush with the pavement surface.

Traffic shall be kept off sealed cracks until the crack sealant has cured enough that it will not track under the action of traffic. The Contractor shall be required to use an approved de-tackifier on crack sealant to allow roadways to open and minimize the duration of closure. Water shall not be considered an acceptable de-tackifier. Within 2 days after application of sealant, sealed cracks that reopen or in which the sealant material sags below the surrounding asphalt concrete surfacing and shoulders shall be resealed.

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Fuel, asphalt and any other spills shall be cleaned up to the satisfaction of the Engineer at the Contractor’s expense.

Measurement and Payment
The contract lump sum (LS) price paid for “Crack Sealing” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in the inspecting, herbicide application, cleaning, routing, procurement, setup and maintenance of the crack sealing as depicted on the plans, as specified on these specifications, and as directed by the Engineer, and no additional compensation will be allowed therefor.
12-03 TREE TRIMMING INCLUDING CERTIFIED ARBORIST
Tree trimming will be done to allow for the clearance of slurry seal equipment. From the back of curb, trees will be trimmed to a clearance height of 16 feet.

If there are tree roots larger than 1” in diameter present at locations where base repairs are specified, Contractor shall obtain approval from a licensed arborist prior to cutting, pruning or removing any tree roots while performing base repairs.

Measurement and Payment
Full compensation for Tree Trimming Including Certified Arborist shall be considered as included in the various items of work involved and no additional compensation will be allowed therefor. 12-04 REMOVAL OF OIL DEPOSITS
Oil-deposit build-up, if found, shall be removed from the asphalt prior to slurry seal. The location and size of these removal areas shall be determined by the Engineer. The Contractor shall remove the excess oil deposits by any method acceptable to industry standards and as approved by the Engineer. Typical removal methods may include burning or scraping (power washing is not permitted).

Oil deposit residual shall be removed and disposed of by the Contractor as mandated by local agencies.

Measurement and Payment
Full compensation for Removal of Oil Deposits shall be considered as included in the various items of work involved and no additional compensation will be allowed therefor. 12-05 CLEANUP
The Contractor shall keep the site in a sanitary and neat condition each day during the project. The Contractor shall eliminate refuse from the site as necessary and when directed by the City in order to avoid an unsightly appearance or inconvenience to others.

The Contractor shall remove and sweep all debris from sidewalks, curb and gutter by the end of

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each day. This includes staging sites of trucks and haul routes.

Upon completion of Striping, Markings and Raised Pavement Markers installation, the Contractor shall thoroughly clean the work site of all waste, rubbish, construction debris, drips, over sprays, improper markings, and the tracked thermoplastic materials; all of which shall be removed immediately from the pavement surface by methods approved by the Engineer.

Upon completion of the work, the Contractor shall remove from the site all unused materials and all equipment belonging to or used by Contractor and all rubbish resulting from Contractor’s work on this project.

Contractor agrees to assume sole and complete responsibility for the job site during the course of construction of this project, including safety of all persons and property, that this requirement shall apply continuously and not be limited to normal working hours, and that the Contractor shall hold the City and City representatives harmless from any and all liability in conjunction with the performance of the contractor's work.

Measurement and Payment
Full compensation for Cleanup shall be considered as included in the various items of work involved and no additional compensation will be allowed, therefor.

END OF SECTION

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SECTION 13: CONCRETE IMPROVEMENTS
Existing and new concrete facilities including, but not limited to, curb ramps, curb and gutter, curb and gutter at driveway, detectable warning surface, sidewalk, valley gutter, and additional minor concrete shall be removed and replaced at the locations indicated on the plans and in the field or as directed by the Engineer.

All new curb ramps shall have detectable warning surfaces installed. This section also includes removal, excavation, backfilling, and compacting base material to grade, forms and bracing, reinforcing, placement and finishing of concrete, curing and protection of concrete after placement. Concrete curbs, gutter, sidewalks, curb ramps and detectable warning surfaces shall comply with Section 73 “Concrete Curbs and Sidewalks” of the Standard Specifications.
13-01 COORDINATION
Contractor shall notify the City 48 hours in advance of concrete removal. It is the Contractor’s responsibility to contact USA at least two (2) days in advance of any concrete removal.

If there are tree roots larger than 1” in diameter present at locations where concrete repairs are specified, Contractor shall obtain approval from a licensed arborist prior to cutting, pruning or removing any tree roots while performing concrete repairs or improvements.

Contractor shall comply with the pedestrian safety and traffic control requirements identified in Section 4 “Traffic Control and Construction Area Signs” of these Special Provisions and the City’s Temporary Traffic Control Guidelines.

The Contractor shall coordinate with PG&E, Comcast, AT&T, Vallejo Flood and Wastewater District (VFWD), or Vallejo Water Department so these utility owners can adjust their existing facilities within the project limits to finish grade or get approval to adjust on their behalf. 13-02 SUBMITTALS
The Contractor shall furnish a concrete mix design to the Engineer at least five (5) working days prior to the start of the work.

1. Submit concrete mix design for approval before any concrete is brought to the site.

2. One copy of the supplier’s ticket for each load delivered shall be presented to the Engineer.

3. Submit quarry and lab evaluations for all imported fill and base materials, including sieve analysis and analysis for compliance with Standard Specification requirements.

4. The Contractor shall furnish a Class 2 aggregate base submittal for ¾-inch maximum aggregate gradation per Section 26-1.02B of the Standard Specifications. 13-03 MATERIALS
Concrete shall conform to the provisions of Section 90 of the Standard Specifications. These Technical Specifications shall take precedence over Section 90 of the Standard Specifications in case of any conflict.

A.Formwork

1.Lumber shall be construction grade Douglas Fir or approved equivalent.

2.Metal, gage sufficient to provide equivalent rigidity and strength.

3.Corner formers shall be chamfered wood.

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4.Form release agent shall be colorless mineral oil which will not stain the concrete or impair natural bonding characteristics of coating intended for use on concrete.

B.Reinforcement (where called for in the plans):

1.Reinforcement Bars: ASTM A615, Grade 60 deformed steel.

2.Reinforcing Supports: Reinforcing shall be held away from soil and forms by concrete blocks with integral tie-wire to secure them to the reinforcing.

3.Tie Wire: 16 gage annealed type.

4.Dowels: ASTM A615, Grade 40, uncoated #4 deformed steel.

C.Aggregate Base Material

1.Aggregate Base (AB) must comply with the quality requirements in the Standard Specifications Section 26-1.02B.

2.The grading requirements shall be as shown for ¾ inch maximum material.

3.Aggregate base exceeding a workable moisture content will be rejected by the Engineer and shall be immediately removed from the project site by the Contractor. At least 6 inches of aggregate base shall be placed under concrete curb & gutter, curb ramps, valley gutters, sidewalk, and other concrete improvements unless shown otherwise on the Project Plans.

D.Concrete
The Contractor shall furnish a concrete mix design to the Engineer at least five (5) working days prior to the start of the work, based on the following guidelines:

1.Cement:
a.Portland cement must comply with ASTM C150, Type II or Type V Portland cement.
b.Cementitious materials must comply with Standard Specifications Section 90-1.02B.

2.Aggregates:
a.Fine Aggregate: ASTM C33, clean washed angular sand, complying with Standard Specifications Section 90-1.02C(3).
b.Coarse Aggregate: ASTM C33, clean crushed rock complying with the table in Standard Specifications Section 90-1.02C(4)(b) for 1” x No. 4 nominal size.

3.Water:
a.Clean and free from deleterious amounts of acids, alkalis, scale, or organic materials.
b.Water must comply with Standard Specifications Section 90-1.02D. c.Slump must not exceed 4” as the material is placed.

4.Admixtures:
a.All exposed concrete shall have lampblack added at the batch plant in the amount of one pound per cubic yard.
b.No other admixtures may be included without prior approval of the Engineer.

E.Detectable Warning Surface
All curb ramps shall have a detectable warning surface (DWS) installed in conformance with the

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2023 Standard Plans (RSP) A88A, and local City requirements. The color of the DWS installed shall conform to the 2023 Standard Plans, yellow color no. 33538 of FED-STD-595.

Where shown on the project plans, each existing ramp shall be removed in their entirety and replaced with a new ramp. A cast in place style of DWS shall be installed at each new or retrofitted ramp, in conformance with these Technical Specifications. No surface-applied matting systems (i.e. glued and screwed) style of DWS shall be allowed on new curb ramp construction or retrofit work.

Prefabricated detectable warning surface shall be constructed of an epoxy polymer composite with an ultraviolet stabilized coating employing aluminum oxide particles in the truncated domes, in conformance with the requirements established by the Department of General Services, Division of State Architect and be installed in conformance with the manufacturer's recommendations. The finished surfaces of the detectable warning surface shall be free from blemishes.

The manufacturer shall provide a written five-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the contract.

Prefabricated detectable warning surface shall meet or exceed the following criteria:

1. Water Absorption: 0.35% maximum, when tested in accordance with ASTM D570.

2. Slip Resistance: 0.90 minimum combined wet/ dry static coefficient of friction on top of domes and field area, when tested in accordance with ASTM C1028.

3. Compressive Strength: 18,000 psi minimum, when tested in accordance with ASTM D695.

4. Tensile Strength: 10,000 psi minimum, when tested in accordance with ASTM D638.

5. Flexural Strength: 24,000 psi minimum, when tested in accordance with ASTM C293.

6. Gardner Impact: 450 inch-pounds per inch minimum, when tested in accordance with Geometry “GE” of ASTM D5420.

7. Chemical Stain Resistance: No reaction to 1% hydrochloric acid, urine, calcium chloride, stamp pad ink, gum and red aerosol paint, when tested in accordance with ASTM D543.

8. Wear Depth: 0.03” maximum, after 1000 abrasion cycles of 40 grit Norton Metallite sandpaper, when tested in accordance with ASTM D2486-Modified.

9. Flame Spread: 25 maximum, when tested in accordance with ASTM E84.

10. Accelerated Weathering: No deterioration, fading or chalking for 2000 hours, when tested in accordance with ASTM D2565.

In addition to the requirements above, prefabricated detectable warning surface adhered to concrete shall meet or exceed the following performance criteria:

1. Accelerated Aging and Freeze Thaw of Adhesive System: No cracking, delamination, warping, checking, blistering, color change, loosening, etc. when tested in accordance with ASTM D1037.

2. Salt and Spray Performance: No deterioration after 100 hours of exposure, when tested in accordance with ASTM B117.

F.Expansion Joint Materials

1. ASTM D 1751, performed; 1/2-inch thick max., unless otherwise specified.

G.Concrete Mix Design

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1.General-Use Concrete
a.28 Day compressive strength of 3,000 psi with Type II or V Portland cement b.4” maximum slump
c.3/4” maximum aggregate size
d.1lb. lampblack per cubic yard

2.High Early Strength Concrete: submit a mix design that can perform as follows:
a.Concrete for driveway approaches and sidewalk leading to entrances to residences and businesses must be in service very shortly after placement. b.Sidewalk accessing a building must be covered with a temporary walkable surface by the end of the day in which it was placed and must be fully walkable by the end of the next day.
c.Driveway approach ramps, including the gutter in front and the sidewalk behind, must be fully capable of supporting automobile traffic without cracking on the third day after placement.
13-04 EXECUTION
All work shall conform to the provisions of Section 90, “Concrete,” of the Standard Specifications. All handicap access ramps shall comply with Title 24 and current UBC requirements as well as the Standard Plans.

Concrete removal work shall conform to the City Standard Drawing No. 101A. The existing concrete shall be sawcut full depth prior to removal. Any concrete broken due to the Contractor's failure to comply with these requirements shall be removed and replaced at the Contractor's expense. All concrete removed shall become the property of the Contractor to be disposed of outside the right of way at the end of each workday.

The line and grade of the replaced facilities shall conform to the existing facilities. In most instances, this will consist of a straight line between existing facilities.

The Contractor shall flow line water test all repaired curbs and gutters, cross gutters, and other repaired drainage facilities in the presence of the Engineer.

A.Scheduling

1.Coordination with ongoing neighborhood activities:
a.During non-working hours, and particularly over weekends and holidays, safe access/egress must be provided for the residences and businesses. Work must be scheduled such that operations can be completed, or temporarily suspended, and safe passage can be restored, by the end of each workday. b.Construct new sidewalks, curb ramps, or driveway approaches on one side of the street at a time to leave the sidewalk on the other side accessible by pedestrians. c.Driveway approaches must be safely passable by automobiles, without damage to the new concrete, by the end of the last workday of each week. d.If Contractor cannot satisfy these requirements without incurring extra costs, such as premium pay for workers or additional charges from the batch plant, these additional costs shall be entirely borne by the Contractor and no additional compensation shall be paid by the City.

2.Inspections:

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a.All inspections by the City must be scheduled with the Engineer no less than 48 hours in advance of the time needed.
b.The Engineer must approve subgrade prior to placement of class 2 AB. c.The Engineer must approve compaction of AB, placement of forms, reinforcement, and dowels into adjacent existing concrete, prior to placement of concrete.

B.Coordination with Other Work

1.Contractor shall allow for the installation of all sleeves, all pipes, all drainage structures, all irrigation pipes and wires, and all electrical conduits, all embeds, and any other components that are required in this project.

2.If street light foundation piers are not installed by the Electrical Contractor, the Site Concrete Contractor must coordinate for the proper installation of conduits and anchor bolts.

3.Contractor must install new signposts, or re-install existing signposts, when the sidewalk is poured.

C.Protection of Existing Facilities
The Contractor shall protect existing facilities from damage, and discoloration from concrete splash. Adjacent concrete facilities shall be covered during concrete placement to prevent concrete splash and excess concrete from staining the adjacent concrete. After initial placement, strike off and finishing, the protection shall be removed, and the adjacent concrete cleaned.

Vertical existing facilities such as light poles, walls, etc. shall be protected with plastic extending a minimum of three feet above the concrete surface. After initial placement, strike off and finishing, the protection shall be removed, and the vertical surfaces cleaned.

D.Subgrade
After the subgrade is prepared and moisture conditioned, the Contractor shall compact the subgrade to 90% (beneath concrete sidewalk) and 95% (beneath curb, gutter, and valley gutter) of maximum dry density (ASTM D1557) at zero to three percent over optimum moisture content.

Provide in-situ density testing results to the City. The Contractor shall continuously maintain the sub-grade in a uniform condition at the moisture content obtained during subgrade compaction until the concrete is placed.

For concrete improvement locations, over excavation and placement of base material in accordance with the City’s Standard Drawings 101A and 101B shall be required.

E.Forming
Wooden forming shall be staked at two-foot intervals. The maximum gap at the bottom of the forms shall be 1-3/4 inches. Formwork shall produce smooth concrete; straight, plumb and true to plane. Concrete out of line, level or plumb will be rejected. Contractor is responsible for the strength of all forms.

Contractor is responsible for bringing to the attention of the Engineer – before forms are being constructed – any physical conflicts, discrepancies, or insufficient information. Contractor will not be compensated for delays, or for having to re-do work, due to his failure to bring these issues to the Engineer for resolution before the forms are to be constructed.

F.Tolerances

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The maximum variation from design elevation shall not exceed +/- 0.02 feet. In some instances, particularly in critical drainage areas, tolerances may be reduced to zero. Concrete facilities shall be installed to maintain or provide positive drainage. Questions regarding applicable tolerances shall be directed to the Engineer forty-eight hours in advance of the work.

When existing facilities are to be removed and replaced, they shall conform to the existing elevations and grades. Generally, this will be at a straight line between the start and end points of the removal.

G.Adjusting Utility Frames and Covers in Sidewalk and Ramps The work performed in connection with adjusting various existing facilities to finish grade shall conform to the provisions in Section 15, "Existing Facilities," of the Standard Specifications and these Technical Specifications. Work covered by this section includes adjusting utility frames, covers, rims, boxes, and detector handholes to grade to match concrete sidewalk, driveway, or ADA curb ramp grades.

Pull boxes located in ramp construction areas shall be removed and replaced and set to finished grade at same location, unless otherwise directed by the Engineer.

H.Placing and Finishing
Contractor shall maintain records for placement of all concrete. Concrete shall be placed in dry conditions; keep excavations free of water, ice, loose soil or debris. There shall not be additional water added to the mix without the written permission from the Engineer and Testing Laboratory.

Do not place concrete if rain is forecasted for less than 12 hours after the pour; concrete damaged by rain shall be removed and replaced at the Contractor’s expense, including any other work that needs to be redone as a consequence of this replacement.

Contractor shall handle concrete from mixer to place of deposit as rapidly as possible; using methods to prevent separation or loss of ingredients. Deposit in final position; avoid re-handling or flowing. Contractor shall neither place partially hardened concrete nor wheel placement containers directly on top of reinforcing steel. The concrete shall be deposited on a moist grade in such a manner as to require as little re-handling as possible. Workmen shall not be allowed to walk in the freshly mixed concrete with boots or shoes coated with earth or foreign substances.

Contractor shall place concrete continuously between predetermined expansion, contraction, and construction joints. Contractor shall not break or interrupt placement of concrete in a manner that causes cold joints to occur. All low areas shall be filled during screeding and floating operations; do not add material after the concrete has begun to set.

Any light pole, fire hydrant, or vertical pole footings exposed from lowering adjacent concrete grades related to placement of ramp shall be neatly formed and finished and not leave a rough unfinished surface and shall be included in this bid item.

Before final finishing is completed and before the concrete has taken its initial set, the edges shall be carefully finished with the radius shown on the plans or a radius to match the existing construction.

Concrete shall be thoroughly consolidated against and along the faces of all forms and adjacent concrete. After the forms are removed, excess concrete below the form surface shall be removed to be flush with the form face.

All new concrete shall match existing facilities in texture, color, and appearance. Sidewalk shall have a medium broom finish cross-wise to the direction of travel. Curbs and gutters shall have a

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light wood float finish. The Contractor shall clean at his expense all discolored concrete. The concrete may be cleaned by abrasive blast cleaning or other methods approved by the Engineer.

Repairs shall be made by removing and replacing the entire unit between scoring lines or joints.

I.Compacting
Contractor shall thoroughly work concrete around reinforcement, embedded components and into corners of forms, consolidate concrete by internal vibration, only. Contractor shall not puddle, tamp or vibrate concrete which has already taken initial set or continue long enough cause segregation of material.

Contractor shall consolidate concrete slabs on grade by spading and puddling and internal vibration. Contractor shall consolidate concrete in forms with high-speed internal vibrators.

J.Concrete Protection
The Contractor shall always have materials available to protect the surface of the fresh concrete against rain. These materials shall consist of burlap, curing paper, or plastic sheeting. If plastic sheeting is used, it shall not be allowed to contact finished concrete surfaces.

The Contractor shall also protect the concrete against traffic and vandalism. If the concrete is damaged or vandalized, the Contractor shall make the necessary repairs at its own expense. The repair procedure for damaged or vandalized concrete shall be approved in advance by the Engineer.

K.Curing
Concrete shall be cured by protecting it against loss of moisture, rapid temperature change, and mechanical injury for at least three days after placement through impervious membrane means.

White or clear liquid membrane compound shall be used. After finishing operations have been completed, the entire surface of the newly placed concrete shall be covered by the curing medium.

The edges of the concrete exposed by the removal of forms shall be protected immediately to provide these surfaces with continuous curing treatment. The concrete shall be allowed to cure for seventy-two hours prior to placing adjacent asphalt concrete.

L.Joints
New sidewalk, curb or gutter shall be connected to adjacent existing concrete using 12-inch long by 1/2-inch diameter steel dowels (#4 rebar is acceptable) in tight fitting holes drilled into the existing concrete (approximately 6 inches into adjacent sidewalk, curb and gutter, or 4” into the back of curb).

Half inch-thick expansion joints shall be placed on both sides of driveway approaches, curb and sidewalk return points, fixed structures (including storm drain inlets), and at approximately 24 feet on center. An expansion joint shall also be placed between the back of the sidewalk or driveway approach and any driveway walkway or foundation poured against it. Weakened plane joints shall be placed at all inside corners (including tree wells and parkway strips), both sides of utility boxes and wherever shrinkage would concentrate stresses, and otherwise at no more than 12 feet on centers.

Expansion joint material shall completely separate the concrete all the way to the forms and down to the base material, and it shall be cut to match curved surfaces. Expansion joints within sidewalk, curb and gutter shall have steel dowels joining the concrete on both sides of the joint. These dowels shall be smooth, or on one side of the joint shall have the dowels wrapped with sleeves to allow them to move.

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One quarter inch deep by one quarter inch radius score lines in sidewalks shall be evenly spaced at approximately 4 feet apart or as directed by the Engineer. In addition, a similar score mark shall be placed 6 inches back from the face of curb where curb and sidewalk are poured monolithically.

M.Reinforcement
Fabrication: Do not bend or straighten reinforcement in manner that will injure material. Bars with kinks or bends not shown, and heating of bars for bending is not permitted.

Placement: Provide minimum center to center distance between parallel bars 2-1/2 times diameter, 1-1/2 inches or 2-1/2 times maximum size coarse aggregate, whichever is greater. Wire bar lap together; splice reinforcing steel with lap of 60 diameters, unless otherwise shown.

N.Cleanup and Backfill
After the concrete is placed, cured, and the forms have been removed, the Contractor shall clean the site of all concrete and forming debris.

A hot-mix asphalt (HMA) full depth plug shall be constructed at all new concrete curb, gutter, valley gutter, curb ramp, or driveway to transition improvement to existing pavement grade. See Hot-Mix Asphalt Plug for Concrete Improvements (Full Depth) bid item for description, measurement, and payment.

After curing has been completed and the forms have been removed from the new curb and gutter or sidewalk, the void between the new concrete and the existing parkway shall be filled with clean native material or imported topsoil and the entire parkway left in a clean and orderly condition.

For concrete removed but not replaced, the resulting void after excavation shall be backfilled with clean native material or topsoil.

O.Defective Concrete

1.General: Contractor shall remove or cut out defective concrete and repair before concrete is completely cured, as directed by the Engineer.

2.Defective Concrete is:
a.Concrete not meeting specified 28-day strength.
b.Durability and Appearance: Concrete containing rock pockets, voids, spalls, cracks, exposed reinforcing, or other defects.
c.Alignment: Incorrectly formed concrete, out of plumb or level. d.Deleterious Materials: Concrete containing embedded wood or other debris. e.Unauthorized Patching: Concrete with patched voids that were not filled under Engineer's direction.
f.Embedded Items: Concrete not containing required embedded items. g.Concrete that is damaged or vandalized before it has hardened will not be accepted by the City, and it must be replaced by the Contractor at his own expense, including any other work that needs to be redone as a consequence of this replacement. The Contractor is fully responsible for protecting the work until it has hardened.

Measurement and Payment
The unit price per linear foot (LF) paid for the “Remove and Replace Concrete Curb and Gutter” and unit price per square foot (SF) paid for the “12” HMA Plug” shall include full compensation for furnishing all labor, supervision, materials, tools, and equipment, including, but not limited to saw cutting of existing

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concrete along existing score lines, protection of facilities to remain in place, excavation, removal and disposal of existing materials (including soil, concrete, asphalt, base and subgrade), subgrade preparation, compaction, grading, importing and placing Class 2 aggregate base, disposal of surplus miscellaneous materials, placing and removal of formwork, any required jointing and dowels, furnishing, placing and curing concrete, application of curing compound, flowline test, restoration of surrounding improvements including planting, irrigation repairs, 18” to 36” wide by full-depth (12”) HMA plug unless specified otherwise in the plans, asphalt joint sealing, clean-up and incidentals to complete work according to the plans and specifications.

The unit price per each (EA) paid for “Remove & Replace Curb Ramp (Various Cases)” and “Reconstruct Drain Inlet Box to Finish Grade” shall include full compensation for furnishing all labor, supervision, materials, tools, and equipment, including, but not limited to saw cutting of existing concrete along existing score lines, protection of facilities to remain in place, excavation, removal and disposal of existing materials (including soils, concrete, asphalt concrete, aggregate base and subgrade), subgrade preparation, compaction, grading, importing and placing Class 2 aggregate base, disposal of surplus miscellaneous materials, installation of root control barrier, adjustment to finish grade of utilities within these improvements (pull boxes, valves, monuments, drain inlets, detector handholes, steel plates, and manholes), remove, store, reset or relocate metal sign and post finishing, installation and removal of formwork, furnishing, placing and curing concrete, detectable warning surface, ADA compliant slopes, landings at curb ramps, any required jointing and dowels, restoration of surrounding improvements including planting, irrigation repairs, finishing and forming around exposed light pole, fire hydrant, or vertical pole footings, asphalt joint sealing, clean-up and incidentals to complete work according to the plans and specifications. It will be measured and paid for each curb ramp completed and approved by the City.

Location of curb ramps are shown on the plans. Each curb ramp shall be assumed to measure up to 30 feet in length, measured at the back of walk, including the landing, flares, and detectable warning surface.

Additional concrete required to construct transitions between existing sidewalk and new curb ramp in accordance with the Project Plans and 2023 Caltrans Standard Plans and to match new ramp to existing grade shall be paid for under “Additional Minor Concrete for Curb Ramps and Sidewalks (Revocable Item).” Retaining curbs (if necessary) at the edge of sidewalk and at the back of certain curb ramps will not be measured separately and shall be included as part of the per each cost of the ramp. Ramp construction shall comply with the latest 2023 Caltrans Standard Plans slope and dimension requirements.

The unit price per square foot (SF) paid for the “Additional Minor Concrete for Curb Ramps and Sidewalks (Revocable Bid Item)” shall include full compensation for furnishing all labor, supervision, materials, tools, and equipment, including, but not limited to saw cutting of existing concrete along existing score lines, protection of facilities to remain in place, excavation, removal and disposal of existing materials (including soil, concrete, asphalt concrete, aggregate base and subgrade), subgrade preparation, compaction, grading, importing and placing Class 2 aggregate base, disposal of surplus miscellaneous materials, adjustment to finish grade of utilities within these improvements (pull boxes, valves, monuments, and manholes), remove, store, reset or relocate metal sign and post finishing, placing and removal of formwork, furnishing, placing and curing concrete, ADA compliant slopes and transition to existing cross slopes, any required jointing and dowels, restoration of surrounding improvements including planting, irrigation repairs, finishing and forming around exposed light pole, fire hydrant, or vertical pole footings, clean-up and incidentals to complete work according to the plans and specifications. The additional minor concrete work includes any concrete installation beyond the footprint of the curb ramp, including curb ramp transition areas, sidewalks, valley gutter, and spandrel. The “Additional Minor Concrete for Curb Ramps and Sidewalks (Revocable Item)” shall only be paid for minor concrete needed in excess of the amount included in the “PCC Curb Ramp” bid item area to match new compliant ramp to existing grade.

END OF SECTION

Ghilotti Bros. Inc. Construction Contract Page 179 of 192 Cape Seal 2025 Project No. MP2025
SECTION 14: CONVENTIONAL CHIP SEAL
(SECTION 37)
14-01 CONVENTIONAL CHIP SEAL
The chip seal is the application of a bituminous binder immediately followed by the application of an aggregate. The aggregate is then rolled to embed it into the binder. The provisions of Section 37, “Bituminous Seals,” of the Standard Specifications shall apply in their entirety except as modified or supplemented herein. The chip seal shall consist of an application of polymer modified (PM) asphalt emulsion and 3/8-inch aggregate screenings as per Section 37-2 of the Standard Specifications. Ensure that aggregate materials are clean and free from excessive fines to reduce dust during the application.

Application rates of polymer modified asphalt emulsion shall be: 0.32 to 0.35 gal/sy. Or as necessary as demonstrated through the test strip to produce a seal that yields proper chip embedment, retains chips, and does not bleed. For chip seal applications, an embedment depth of 50% to 70% of the aggregate size is recommended.

At start of chip seal placement process, construct test strips of chip seal utilizing practices expected for entire project.

For Cape Seal application, the Chip Seal shall be installed as the lower (first application) layer, and Slurry seal shall be installed as the top (second application) layer as called out on the plans. Place Slurry Seal over Chip Seal following a seven (7) day wait period to allow adequate curing of the asphalt binder in the chip seal layer and to ensure the chips have properly embedded into the surface. Ensure Chip Seal is clean and free of loose chips prior to Slurry Seal placement. 14-02 SURFACE PREPARATION
Special care shall be taken to clean the pavement before the chip seal application. Immediately prior to the application of the chip seal, use means necessary to remove all loose particles of paving, all dirt, and all other extraneous material. Contractor shall be responsible for sweeping the streets until sufficiently cleaned to the satisfaction of the Engineer. Pavement missed by or inaccessible to power brooms shall be swept manually or by other methods approved by the Engineer.

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 chip seal material by the end of the same work day.
14-03 APPLICATION OF POLYMER MODIFIED BINDER
Avoid application over the specified rate which may result in “bleeding” or under application which may result in chip loss. If medium severity “bleeding” occurs over an area greater than 10 square feet, Contractor shall remove and replace affected areas at their own cost during the warranty period. Medium severity “bleeding” is defined as that asphalt sticks to shoes and vehicles during more than 3 weeks of the year. 14-04 SPREADING SCREENINGS

1. Prevent vehicles from driving on binder before spreading screenings.

2. Broom excess screenings at joints before spreading adjacent screenings.

3. Operate the spreader at speeds slow enough to prevent screenings from rolling over after dropping.

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4. If the spreader is not moving, screenings must not drop. If you stop spreading and screenings drop, remove the excess screenings before resuming activities. 14-05 FINISHING AND ROLLING OPERATIONS
Chip seal shall be finished and screenings compacted in accordance with Section 37-2.01C(4)(d), “Finishing” of the Standard Specifications.

Before opening to traffic, finish chip seals in the following sequences:

1.Perform initial rolling consisting of 1 coverage with a pneumatic-tired roller

2.Perform final rolling consisting of 2 coverages with a pneumatic-tired roller

3.Sweep excess aggregate from the roadway and adjacent abutting areas

4.Apply a flush coat if specified

5.Remove covers from the facilities
The seal coat shall be applied in such a manner that the joint between the new and existing surface is neat and uniform in appearance true to the line show on the plans and as established by the Engineer. The cut-off of asphaltic binder shall be made on building paper or similar material spread over the surface.

Limit traffic speeds to fifteen (15) mph for twenty-four (24) hours after rolling operations have ceased; use of pilot cars may be necessary for the roadways that are typically driven on at higher rate of speed. 14-06 FINAL SWEEPING
Vacuum sweepers shall be used that are capable of cleaning the existing pavement and removing loose screenings without dislodging screenings set in the chip seal mixture. Gutter brooms or steel-tined brooms shall not be used.

Sweeping shall be completed prior to allowing uncontrolled traffic on the road surface. On the day of the actual chip seal operations, three (3) vacuum sweepers shall be used on those roads being chip sealed that day. Two (2) sweepers shall be used to remove excess screenings from the road surface, and one (1) sweeper shall sweep the morning after chip seal operations and be used to clean the surrounding streets and road surfaces outside of the project area to avoid tracking loose material. During sweeping the day of the chip seal, water shall not be used in the removal of loose material.

The Contractor must remove all loose chips from the road surface per the Engineer’s specifications. A broom sweeper may not be able to pick up excess chips on cul-de-sacs. The Contractor is responsible for removing these chips through the use of a vacuum sweeper or other acceptable means as approved by the Engineer.

Three (3) additional sweepings shall be performed. The first sweeping shall be done one (1) day after placement of the chip seal, the second two (2) days after placement of the chip seal and the final sweeping shall occur seven (7) calendar days after placement of the chip seal and prior to placing the second Slurry Seal layer. Excess screenings shall be removed from the job site by the Contractor and disposed of in accordance with Sections 14 and 19 of the Caltrans Standard Specifications. At the end of each day’s sweeping operations the Contractor shall remove any and all loose materials from sidewalks, landscaped areas and adjacent properties manually or by any other means acceptable to the Engineer. Do not displace embedded material. Do not vacuum sweep the surface when the air temperature is above 90oF. 14-07 TEST STRIP

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The Contractor shall construct three (3) test strips for evaluation by the Engineer. The test strips shall be 50 feet to 100 feet long, be representative in condition of the roads to be sealed, and shall consist of the application courses specified. Each time the topography, roadway conditions (type, severity, and amount of distress), or type of pavement changes and is planned to be treated with the chip seal a new set of test strips shall be performed to ensure that the spread rates and rolling patterns are still applicable.

The test strips shall be constructed in the early morning. The three (3) test strips will be performed with varied asphalt binder and aggregate spread rates, starting with those specified, to best select the application rates to be used for the operation.

The Engineer will evaluate the completed test strips immediately after traffic is allowed on the completed test strips to determine if the mix design and placement procedure are acceptable. If the materials as placed are determined by the Engineer to be unacceptable, no additional work will be permitted until the Contractor’s proposed remediation has been approved by the Engineer. The cost of materials and placement of the test strips, which have been rejected, shall be borne by the Contractor and will not be considered as part of the contract work.

The approved test strip(s) will be used for public relations purposes by the City for local residents to observe.

Measurement and Payment
The contract square yard (SY) price paid for “Convention Chip Seal” shall include full compensation for doing all of the work involved with the polymer modified chip and in compliance with the plans and specifications, including the spraying of weeds with weed killer.

Compensation for removing completely and disposing of all existing thermoplastic and painted traffic stripes, pavement markings, and pavement markers, performed in advance of the chip seal placement, shall be considered as included in the price paid for “Traffic and Pedestrian Control” and no additional compensation will be allowed therefor.

END OF SECTION

Ghilotti Bros. Inc. Construction Contract Page 182 of 192 Cape Seal 2025 Project No. MP2025
SECTION 15: TYPE II SLURRY SEAL
(SECTION 37)
15-01 TYPE II SLURRY SEAL
The slurry seal shall consist of a mixture of a polymer modified asphalt emulsion, mineral aggregate, mineral filler, water and specified additives. The materials shall be proportioned, mixed and uniformly spread over a properly prepared surface as directed by these Special Provisions and the Engineer. The slurry seal shall conform to the requirements of Section 37-3 of the Standard Specifications, Section 37, “Bituminous Seals” and these Special Provisions. The completed slurry seal shall leave a homogeneous mat and adhere firmly to the prepared surface.

The terminology “latex-modified” and “polymer-modified” asphaltic emulsion are used interchangeably in these Special Provisions to refer to the same material. 15-02 MATERIAL
15-02(A) Asphaltic Emulsion
Asphaltic Emulsion used for slurry seal shall be designated as grade PMCQS-1h or equal.

The polymer used to modify the asphaltic emulsion, shall be, at the option of the Contractor, neoprene, or a co-polymer of butadiene and styrene. Solid polymers shall be adequately blended into the asphalt prior to emulsification. If a liquid latex such as neoprene or similar is used, the latex shall be “co-milled” into the emulsion through the water phase during manufacturing.

Each load of polymer modified asphaltic emulsion shall have a certificate from the asphalt emulsion manufacturer guaranteeing that either asphalt blending or “co-milling” processes were used. The certificate shall also state the percentage of the solid rubber polymer added by weight of the asphalt as well as the composition of the polymer. The addition of latex to the emulsion after emulsion manufacturing is prohibited.

The polymer modified asphalt emulsion shall conform to the following specifications:

REQUIREMENTTESTS ON EMULSION: TEST METHOD
Minimum Maximum
Viscosity SSF, @ 77° F, seconds AASHTO T59 15 90
Sieve Test, % AASHTO T 539 --- 0.30
Storage Stability Test, 1 day % AASHTO T 59 --- 1.0
Residue by Evaporation, % CTM 331 57 ---
Particle Charge AASHTO T 59 Positive
REQUIREMENTTESTS ON RESIDUE : TYPICAL
Minimum Maximum
Penetration, 77° F AASHTO T 49 40 90
Ductility, 77° F, mm AASHTO T 51 400 ---
Polymer Content, %
See Section 94-1.03 of Standard
Specifications for Sampling Requirements
CTM 401 2.5% ---
OR
Torsional Recovery, % CTM 332 18 ---

Ghilotti Bros. Inc. Construction Contract Page 183 of 192 Cape Seal 2025 Project No. MP2025
A Certificate of Compliance shall be furnished to the Engineer in accordance with Section 6-1.07, “Certificates of Compliance” of the Standard Specifications and of these Special Provisions. The Certificate of Compliance shall include all information stipulated in Section 94 of the Standard Specifications.

Additional information relevant to the specifications shall be furnished if requested by the Engineer.

Samples will be obtained in accordance with ASTM Method D140 or such other methods as are approved by the Engineer.
15-02(B) Aggregate
Aggregate for the slurry seal shall comply in all respects to requirements in Section 37-3 of the Standard Specifications for a Type II Slurry Seal except for the following:

Aggregate shall consist of sound, durable, crushed stone or crushed gravel. If approved by the Engineer, Mineral Filler will be allowed. Aggregates shall be 100% crushed with no rounded particles, volcanic in origin and black in color.

The use of gray or light-colored aggregate shall not be allowed. Aggregate shall be 100% crushed with no round particles, volcanic in origin and black in color, as supplied by George Reed, Table Mountain, Sonora, CA or approved equal.

The percentage composition by weight of the aggregate shall conform to the following grading:

PERCENTAGE PASSING

SIEVE SIZES TYPE II
3/8” (9.5 – mm) 100
No. 4 (4.75 – mm) 94 - 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
The aggregate shall also conform to the following quality requirements:

TEST METHOD OF TEST REQUIREMENT
Sand Equivalent California Method 217 60 MIN.

Durability Index California Method 229 55 MIN.

When the results of both the aggregate grading and the Sand Equivalent test do not conform to the requirement specified, both payments to the City shall apply. The City may deduct these amounts from any monies due, or that may become due the Contractor under the contract. No single aggregate grading or Sand Equivalent test shall represent more than 300 tons or one-day’s production whichever is smaller.

The Contractor, in accordance with Section 6-1.07 of Standard Specifications will furnish a certificate of compliance for aggregates used in the slurry seal. The certificate of compliance shall include results of laboratory tests indicating the average gradation, minimum sand equivalent and maximum film stripping and durability index, all in accordance with Section 37-3.01A(3) of the Standard Specifications.