SSMP Complete — Visalia City Council, November 17, 2025 (part 1 of 4)

City of Visalia
Sewer System Management Plan (SSMP)

Prepared in Compliance with
State Water Resources Control Board Order No. 2022-0103-DWQ Statewide General Waste Discharge Requirements for Sanitary Sewer Systems Prepared by:

City of Visalia – Public Works Department
Wastewater Division
7579 Avenue 288
Visalia, California 93277
(559) 713-4671
Legally Responsible Official (LRO):

Benjamin Litwack, Public Works Manager

SSMP Administrator:

Benjamin Litwack, Public Works Manager
Date of Adoption: To Be Determined by City Council
Date of Last Update: 2025

Chapter Title Page
1 SSMP Goal and Introduction 1
2 Organization 3
3 Legal Authority 6
4 Operation and Maintenance Program 9
5 Design and Improvement Standards 12
6 Spill Emergency Response Plan 15
7 Sewer Pipe Blockage Control Program 17
8 System Evaluation, Capacity Assurance, and Capital Improvements 20 9 Monitoring, Measurement, and Program Modiﬁcations 23
10 Internal Audits 26
11 Communication Program 28

1 Chapter 1: SSMP Goal and Introduction

1.1 Goal of the Sewer System Management Plan
The goal of the City of Visalia’s Sewer System Management Plan (SSMP) is to provide a plan and schedule to:

1. Properly manage, operate, and maintain all parts of the City’s sanitary sewer collection system;

2. Reduce and prevent spills; and

3. Contain and mitigate spills that do occur.

This SSMP provides the framework for eﬀective management of the collection system and compliance with State Water Resources Control Board Order No. 2022-0103-DWQ.

1.2 Regulatory Context
The City of Visalia owns and operates a sanitary sewer collection system regulated under the Statewide Sanitary Sewer Systems General Order 2022-0103-DWQ. The SSMP describes the City’s programs for operating, maintaining, monitoring, and improving the collection system to ensure compliance with the Order.

The SSMP will be implemented by the Public Works Department and updated as needed to reﬂect regulatory changes, system improvements, and audit ﬁndings.

1.3 SSMP Update Schedule
• Last Audit: The most recent internal audit covered the period May 3, 2021 through May 2, 2024.

The audit report was due by November 2, 2024, but was not submitted until August 11, 2025. • Next Audit: The next internal audit must cover the period May 3, 2024 through May 2, 2027, with the audit report due no later than November 2, 2027. • SSMP Updates: This SSMP update will be presented to the Visalia City Council for adoption in 2025 (date TBD). Future SSMP updates will occur at least once every three years, in alignment with internal audit cycles, and will be adopted by the Council in a public meeting. • Milestones: SSMP updates will incorporate activities addressing spill prevention, OERP revisions, Master Plan ﬁndings, and CIP project implementation.

1.4 Sewer System Asset Overview
2 The City of Visalia owns and operates a wastewater collection system located in Tulare County, California, serving the incorporated City of Visalia and contributing ﬂows from Goshen, a Census Designated Place (CDP) located northwest of the City.
• Population Served: Approximately 145,000 residents.
• Service Boundary: The City’s sewer service area generally coincides with its incorporated city limits, with additional ﬂows received from Goshen.
• System Size: The wastewater collection system consists of approximately 493 miles of gravity sanitary sewer pipelines, ranging in diameter from 4 inches to 48 inches. The City operates 13 wastewater lift stations and associated force mains.
• System Flows: Wastewater discharges from residential, commercial, industrial, and other users are conveyed to the City’s Water Reclamation Facility (WRF). Goshen’s wastewater is conveyed via a lift station and a 24-inch pipeline to the WRF.
• Data Management Systems: The City maintains an up-to-date GIS-based sewer system map and tracks maintenance activities through a Computerized Maintenance Management System (CMMS).
• Laterals: Property owners are responsible for private sewer laterals, while the City maintains the public mainlines.
• Unique Challenges: The collection system serves a diverse community with signiﬁcant industrial contributions, requiring a robust pretreatment program and proactive capacity planning.

A complete up-to-date map of the wastewater collection system is maintained in the City’s GIS and referenced in Appendix B of this SSMP .

3 Chapter 2: Organization

2.1 Legally Responsible Oﬃcial
The Legally Responsible Oﬃcial (LRO) for the City of Visalia is the Public Works Manager. The LRO has the authority to certify and submit SSO reports in CIWQS to the State Water Resources Control Board. • Name: Benjamin Litwack
• Title: Public Works Manager
• Telephone: (559) 713-4671
• Email: [email protected]

2.2 Management and Administrative Staﬀ
The following positions are responsible for implementing the SSMP and ensuring compliance with the General Order:
• Public Works Director – Nick Bartsch
o Oversees all divisions within the Public Works Department, including Wastewater Operations.
o Telephone: (559) 713-4052 | Email: [email protected] • Public Works Manager (LRO) – Benjamin Litwack
o Responsible for SSMP implementation, overall program compliance, and certiﬁcation of SSO reports.
o Telephone: (559) 713-4671 | Email: [email protected] • Wastewater Collection Superintendent (CIWQS Data Submitter) – Rick Paredez o Supervises wastewater collection operations and staﬀ. o Enters initial SSO data into CIWQS; coordinates ﬁeld response. o Telephone: (559) 713-4273 | Email: [email protected] • Lead Wastewater Maintenance Technicians – Armand Gonzalez, Mike Demmers o Directly supervise crews performing collection system maintenance and emergency response.
4 • Senior Wastewater Maintenance Workers – Cruz Ruiz, Juan Arreola o Assist with inspection, cleaning, and ﬁeld operations. • Wastewater Maintenance Workers – Francisco Serna, Jeﬀ Riley, Ismael Meza o Perform day-to-day cleaning, inspection, and repair activities. • Maintenance Service Workers – Hector Rodrigues, Michael Weatherly o Support wastewater collections maintenance and response functions. • Heavy Equipment Operator – James Southern Jr.
o Operates specialized equipment for excavation, pipe replacement, and emergency repairs.

2.3 Organizational Lines of Authority
The organizational chain of command for wastewater collections is as follows:
• Public Works Director → Public Works Manager (LRO) → Wastewater Collection Superintendent → Lead/Senior Maintenance Technicians → Maintenance Workers/Service Workers/Equipment Operator
A detailed organizational chart is included in Appendix H.

2.4 Chain of Communication for Reporting SSOs
• During Business Hours: SSO notiﬁcations are received by the Water Reclamation Facility Operations Control Center at (559) 713-4403 and dispatched to collection staﬀ. • After Hours: Calls are handled by Professional Communications Network (PCN), which contacts the on-call Wastewater Collections staﬀ.
• Field Response: Crews are dispatched to investigate, contain, and mitigate the overﬂow. • Reporting Responsibilities:
o CIWQS Initial Reports: Entered by the Wastewater Collection Superintendent or designee.
o CIWQS Certiﬁcation: Performed by the Public Works Manager (LRO). o External Notiﬁcations:
5  Regional Water Quality Control Board – Notiﬁed as required by spill category.  California Oﬃce of Emergency Services (Cal OES) – Notiﬁed if discharge reaches surface waters.
 Tulare County Environmental Health – Notiﬁed for potential public health impacts.
 Property Owners/Public – Notiﬁed where applicable.

6 Chapter 3: Legal Authority

3.1 Regulatory Requirement
Order No. 2022-0103-DWQ requires that the SSMP demonstrate the Enrollee has suﬃcient legal authority, through ordinances, service agreements, and/or other legally binding procedures, to regulate, maintain, and enforce the operation of the sanitary sewer system.

3.2 Sewer Use Ordinances
The City of Visalia exercises legal authority over its sewer system through the Visalia Municipal Code, Chapter 13.08 – Sewer Service System. This chapter provides the framework for sewer use regulation, discharge prohibitions, design requirements, enforcement, and inspection authority.

�� Current code available at: Visalia Municipal Code – Chapter 13.08

3.3 Legal Authority Provisions
• Prevention of Illicit Discharges
o Chapter 13.08 prohibits inﬂow and inﬁltration (I/I), stormwater inﬂow, unauthorized industrial/commercial wastewater, chemical dumping, fats/oils/grease (FOG), roots, trash, and other debris.
o The City regulates industrial discharges through its pretreatment program and enforces FOG requirements for food service establishments.
• Collaboration with Storm Sewer Agencies
o The City coordinates with local stormwater agencies and internal Public Works divisions during SSO response events.
o Emergency procedures ensure access to storm drains, coordination of containment activities, and prevention of cross-connections.
• Design and Construction Requirements
o All new sewer facilities and connections must be designed and constructed in accordance with the City of Visalia Standard Speciﬁcations and Design Standards. o The City requires inspection and approval of sewer installations prior to acceptance. • Access for Maintenance and Inspection
7 o The Municipal Code grants City staﬀ authority to inspect and maintain sewer system facilities.
o Property owners must provide access to public sewer facilities, including the public portion of sewer laterals, for maintenance and inspection. • Enforcement of Violations
o The City has enforcement authority to issue notices of violation, administrative penalties, service restrictions, or termination of service for non-compliance. o Enforcement applies across residential, commercial, and industrial users. • Easement Accessibility
o Easements are required for sewer facilities located on private property. o The City secures and records easements to ensure continued access for operation, maintenance, and emergency response.

3.4 Service Agreements
The City maintains agreements with contributing satellite systems, which are updated periodically. These agreements outline ﬂow conditions, responsibilities, and compliance expectations. (Note: the agreement with Goshen Community Services District is currently under renegotiation and will be incorporated once ﬁnalized.)

3.5 Summary
Through its Municipal Code, Standard Speciﬁcations, and easement practices, the City of Visalia possesses the legal authority to:
• Prevent illicit discharges into the collection system; • Coordinate with storm sewer agencies during emergency events; • Regulate design and construction of sewer infrastructure; • Ensure access to public portions of sewer laterals for inspection and maintenance; • Enforce violations of ordinances and service agreements; and • Secure easements for sewer system operations and maintenance. 8 This framework ensures the City maintains adequate legal authority to comply with Order No. 2022- 0103-DWQ.

9 Chapter 4: Operation and Maintenance Program

4.1 Updated Map of Sanitary Sewer System
The City of Visalia maintains an up-to-date Geographic Information System (GIS) database of the wastewater collection system. The GIS includes:
• Gravity sewer pipelines with diameter and material attributes • Manholes
• Pump stations (13 total)
• Pressure pipes and valves
• Stormwater conveyance facilities within the service area The GIS is updated whenever new facilities are constructed, modiﬁed, or abandoned. Access to the GIS and supporting maps is available to State and Regional Water Board staﬀ upon request.

A current system map illustrating gravity line segments, manholes, pumping facilities, pressure pipes, and stormwater conveyance facilities is provided in Appendix B o f t h i s S S M P.

4.2 Preventive Operation and Maintenance Activities
The City conducts preventive maintenance using a Computerized Maintenance Management System (CMMS) to schedule, track, and document work performed by both City staﬀ and contractors.

Preventive maintenance activities include:
• Gravity Sewer Main Cleaning: Systematic cleaning based on a preventive schedule. Problem areas are cleaned at higher frequency.
• Hot Spot Program: Sewer mains with histories of blockages or SSOs (including tree root intrusion areas) are placed on an increased cleaning cycle.
• CCTV Inspections: Closed-circuit television (CCTV) inspections are performed on a scheduled basis and after SSOs to assess structural and maintenance conditions. • Manhole Inspections: Manholes are inspected for inﬂow/inﬁltration, corrosion, structural damage, and obstructions.
• Lift Station Inspections: Inspected twice weekly for pump function, alarms, electrical systems, and wet well condition.

All inspection and maintenance data is logged in the CMMS, which tracks:
10 • Areas prone to root intrusion or recurring blockages • Locations with structural defects
• Completion of scheduled tasks vs. emergency work

4.3 Training
The City provides ongoing training for wastewater collection staﬀ, including in-house sessions, external courses, and practice drills. Training topics include:
• General Order Requirements: Review of Order No. 2022-0103-DWQ provisions. • Spill Emergency Response Plan: Procedures for responding to SSOs, including practice drills and safety training.
• Spill Volume Estimation: Field operators receive training in consistent methods for estimating SSO volume.
• CIWQS Reporting: Staﬀ responsible for data entry are trained in CIWQS reporting procedures, while the Public Works Manager (LRO) maintains certiﬁcation authority. • Conﬁned Space Entry, Equipment Operation, and Safety: Training ensures staﬀ remain qualiﬁed for ﬁeld operations.

Training records are maintained and updated annually.

4.4 Equipment Inventory
The City maintains a detailed inventory of wastewater collections equipment, including vehicles, pumps, trailers, bypass systems, and specialized maintenance tools.

The complete Wastewater Collections Equipment Inventory (2025) is included in Appendix E of this SSMP . This appendix identiﬁes:
• Critical Equipment: Combination jet/vac trucks, CCTV inspection van, portable pumps, generators, and bypass piping.
• Replacement and Spare Parts: Pump motors, manhole covers, plugs, and safety equipment. • Support Equipment: Heavy equipment (excavator, backhoe, skid steer, dozer), trailers, compressors, and service vehicles.

11 4.5 Summary
The City of Visalia’s Operation and Maintenance Program includes up-to-date GIS mapping, a preventive maintenance schedule supported by a CMMS, comprehensive staﬀ training, and a robust equipment inventory. Together, these elements ensure that the City eﬀectively manages its wastewater collection system, minimizes SSOs, and maintains compliance with Order No. 2022-0103-DWQ.

12 Chapter 5: Design and Performance Provisions

5.1 Updated Design Criteria and Construction Standards and Speciﬁcations The City of Visalia requires that all new sanitary sewer system components — including pipelines, manholes, pump stations, and appurtenances — be designed, constructed, repaired, and rehabilitated in accordance with the City of Visalia Standard Speciﬁcations and the City of Visalia Design and Improvement Standards.

Key provisions include:
• Hydraulic Capacity: Pipelines and pump stations must be designed to convey peak dry weather ﬂows and peak wet weather ﬂows consistent with the City’s Master Plan and industry standards (e.g., Ten States Standards, ASCE guidelines).
• Materials and Installation: All materials (pipe, manholes, force mains, valves) must meet ASTM and AWWA standards, and be installed per the City’s governing standards. • Pump Stations: Pump station design criteria include redundancy (at least two pumps), emergency backup power or bypass pumping capability, and SCADA alarm notiﬁcation. • New Development: Developers are required to design and construct sewer facilities to City standards at their expense, subject to City review and approval. • Rehabilitation: Repair and rehabilitation projects are designed to restore hydraulic capacity, address structural deﬁciencies, and extend service life.

If deﬁciencies are identiﬁed in existing design criteria, component-speciﬁc evaluations (hydraulic modeling, ﬂow monitoring, CCTV inspections) are used to verify capacity and inform updated standards.

5.2 Procedures and Standards
The City has established procedures and standards for the inspection and testing of newly constructed, installed, repaired, or rehabilitated sewer facilities, including:
• Pipeline Testing: New and rehabilitated pipelines are subject to low-pressure air testing, deﬂection testing, and CCTV inspection prior to acceptance. • Manhole Testing: New and rehabilitated manholes are tested for watertightness using vacuum testing.
• Pump Station Start-Up: Newly constructed or rehabilitated pump stations undergo start-up testing, wet well drawdown testing, and veriﬁcation of alarms and backup systems. 13 • Material Certiﬁcation: Contractors must submit material certiﬁcations verifying compliance with City standards and approved submittals.
• Inspection Oversight: All construction and rehabilitation work is inspected by City Public Works inspectors to ensure adherence to the City of Visalia Standard Speciﬁcations and the Design and Improvement Standards.

5.3 Summary
The City of Visalia ensures that its sanitary sewer system is properly designed, constructed, and maintained through the Standard Speciﬁcations and Design and Improvement Standards, coupled with rigorous inspection/testing procedures. These provisions ensure system components meet hydraulic capacity requirements, protect infrastructure integrity, and maintain compliance with Order No. 2022- 0103-DWQ.

5.4 Engineering General Design Standards
The City’s Standard Speciﬁcations (Appendix I) and Design and Improvement Standards (Appendix J) contain detailed requirements for the design, construction, and improvement of sanitary sewer facilities.

Certain provisions from the 2008 speciﬁcations remain in eﬀect where the 2013 updates did not address speciﬁc criteria. Key standards are summarized below.

5.4.1 Minimum Pipe Cover
• Details E-1 and E-2 of the Design and Improvement Standards specify a minimum pipe cover of

2.0 feet.
• If the minimum cover cannot be achieved, pipe encasement is required. • Sewer depths must also be suﬃcient to allow for proper installation of sewer laterals where applicable.

5.4.2 Manholes
• Manhole requirements are established in the Design and Improvement Standards (Details S-1 through S-6), the 2008 Standard Speciﬁcations (Section 19 – Sewer and Storm Drain Structures), and the 2013 Standard Speciﬁcations (Section 29 – Storm Drainage and Sanitary Sewer Facilities).
14 • These standards address manhole construction, frame and cover requirements, spacing, drop connections, and watertightness.
• While the 2013 Standard Speciﬁcations contain updated provisions (Section 29), the 2008 Standards and Speciﬁcations remain applicable for certain facilities constructed under those criteria, and are therefore retained in this SSMP for reference.

5.4.3 Lift Stations
• Lift station requirements are deﬁned in the Design and Improvement Standards (Detail S-13) and the 2008 Standard Speciﬁcations (Section 20 – SEWER PUMP STATION). • These provisions specify design requirements for wet well sizing, pump redundancy, backup power, alarm systems, and access for maintenance.
• The 2013 Standard Speciﬁcations did not include updated provisions for lift stations. As a result, the 2008 standards remain the controlling references for lift station design and construction until superseded.

5.4.4 Minimum Pipe Slope
• Section 17 of the 2008 Standard Speciﬁcations establishes the minimum slopes for sewer pipe sizes.
• These criteria remain in eﬀect because the most recent speciﬁcation document does not include slope requirements.
• The slopes ensure adequate ﬂow velocities to minimize solids deposition and maintain self- cleansing conditions within the collection system.

Table 5-1: Minimum Pipe Slopes
Pipe Size (in) Minimum Slope (%)
6 0.35
8 0.24
10 0.18
12 0.14
Source: City of Visalia 2008 Standard Speciﬁcations, Section 17 15 Chapter 6: Spill Emergency Response Plan

6.1 Overview
The City of Visalia maintains an up-to-date Spill Emergency Response Plan (SERP) to ensure prompt detection and response to sanitary sewer overﬂows (SSOs). The SERP outlines procedures to minimize spill volume, protect public health, and mitigate environmental impacts. The SERP is included in Appendix C of this SSMP .

6.2 Spill Notiﬁcation Procedures
• Primary Responders: All SSOs are reported immediately to the Wastewater Collection Superintendent and the Public Works Manager (LRO).
• Call Intake & Dispatch:
o Business hours: Calls are received by the Water Reclamation Facility Operations Control Center at (559) 713-4403 and dispatched to collections crews. o After hours: Calls are received by Professional Communications Network (PCN) (City’s contracted 24-hour answering service), which notiﬁes the on-call wastewater collections staﬀ.
• Local Oﬃcials: Tulare County Environmental Health and other local oﬃcials are notiﬁed as required by spill category and potential public health impacts. • Regulatory Agencies: The State and Regional Water Boards are notiﬁed via CIWQS within the timeframes in Order No. 2022-0103-DWQ. Cal OES is notiﬁed if any discharge reaches surface waters.
• Other Entities: Potentially aﬀected water suppliers, health agencies, and adjacent jurisdictions are notiﬁed when impacts may extend beyond City boundaries.

6.3 Compliance with Reporting Requirements
The City complies with all notiﬁcation, monitoring, and reporting requirements of the General Order, State law, and applicable Regional Water Board Orders, including CIWQS initial and certiﬁed reports and water quality monitoring when required.

6.4 Roles and Responsibilities
• Field Crews: Contain/mitigate spills, implement traﬃc control, and clean impacted areas. 16 • Superintendent/On-Call Lead: Directs response, initiates notiﬁcations, and ensures documentation.
• Public Works Manager (LRO): Certiﬁes CIWQS reports.
• Contractors: Mobilized as needed for pumping, hauling, or cleanup.

6.5 Spill Response Procedures
Dispatch promptly; establish site safety and traﬃc control; maintain emergency system operations (e.g., bypass pumping); contain to protect storm drains and waters of the State; remove sewage from conveyances; clean areas without impacting beneﬁcial uses; document all actions.

6.6 Interagency Coordination
Pre-planned coordination with the stormwater division and other utilities supports rapid containment, access to storm drains, and prevention of cross-connections during spill events.

6.7 Post-Spill Activities
Conduct post-spill assessment, prepare documentation (photos, logs, CIWQS reports), and implement remediation to minimize public health impacts and restore beneﬁcial uses.

6.8 Review and Improvement
The Spill Emergency Response Plan is reviewed annually and updated as needed based on drills, after- action reviews, technology, equipment, and interagency coordination improvements.

17 Chapter 7: Sewer Pipe Blockage Control Program

7.1 Program Evaluation
The City of Visalia has evaluated its sanitary sewer system and determined that a Sewer Pipe Blockage Control Program is needed to reduce blockages associated with fats, oils, grease (FOG), rags, and debris. The City experiences FOG-related buildup in portions of the system, primarily in commercial areas with high concentrations of food service establishments (FSEs), as well as rags and debris in certain residential and commercial areas.

The City’s program combines public education, source control, inspections and enforcement, and increased maintenance in high-risk segments to reduce blockages and prevent SSOs.

7.2 Public Education and Outreach
The City implements a public education and outreach program to promote proper disposal of FOG and other pipe-blocking substances:
• FSE Outreach: Distribution of best management practice (BMP) materials during inspections, including posters and fact sheets on proper grease disposal. • Residential Outreach: Periodic mailers, utility bill inserts, and City website content educating residents about not disposing of wipes, rags, and cooking grease down household drains. • Implementation Schedule: Outreach is ongoing year-round, with annual review and updates prior to the next ﬁscal year.

7.3 Disposal of Pipe-Blocking Substances
• FOG Disposal: FSEs are required to clean grease control devices and dispose of waste grease and solids at approved rendering or grease recycling facilities. • Debris and Rags: Debris collected during cleaning and maintenance is transported to the City’s Water Reclamation Facility for disposal.
• Planning for Additional Facilities: The City periodically evaluates disposal options to ensure adequate facilities remain available for the service area.

7.4 Legal Authority
18 The City’s Municipal Code Chapter 13.08 prohibits the discharge of FOG, debris, rags, and other materials in quantities that may cause blockages, requires the installation and maintenance of grease removal devices, and authorizes inspections and enforcement.

7.5 Grease Removal Devices and Standards
• Requirements: Food Service Establishments must install grease removal devices (e.g., traps or interceptors) sized and designed per the City of Visalia Design and Improvement Standards. • Maintenance: Grease control devices must be cleaned regularly to prevent accumulation. • BMPs and Recordkeeping: FSEs must maintain BMP practices and records of cleaning and disposal.
• Inspections: Inspectors verify the presence, proper maintenance, and recordkeeping for these devices during annual inspections.

7.6 Inspection and Enforcement Authority
• The City has authority to inspect grease-producing facilities, issue notices of violation, and take enforcement action if necessary.
• All FSEs are inspected at least annually, with follow-up inspections for noncompliance. • Staﬃng: The City has dedicated wastewater collections staﬀ trained to conduct FOG inspections and enforce program requirements.

7.7 Identiﬁcation of Problem Areas
The City maintains a hot spot cleaning list that identiﬁes sewer segments subject to FOG, rag, or debris- related blockages. These areas are identiﬁed through:
• CCTV inspections,
• Review of SSO history,
• Field crew observations, and
• Data in the City’s CMMS system.

7.8 Cleaning Schedule for Problem Areas
19 • Identiﬁed hot spots are placed on increased cleaning frequencies, typically ranging from monthly to quarterly, depending on severity.
• Cleaning schedules are tracked and managed through the City’s CMMS.

7.9 Source Control Measures
For each area identiﬁed with chronic blockages, the City implements targeted source control measures, including:
• Focused outreach to upstream FSEs,
• More frequent inspections,
• Enforcement actions where necessary, and
• Evaluation of contributing laterals or private systems for illicit discharges.

7.10 Program Evaluation
The City evaluates the eﬀectiveness of the Sewer Pipe Blockage Control Program annually by reviewing:
• SSO frequency and causes,
• Hot spot cleaning results,
• Inspection and enforcement data, and
• Public outreach outcomes.

Program modiﬁcations are made as necessary to ensure eﬀectiveness and compliance with Order No. 2022-0103-DWQ.

7.11 Supporting Materials
Forms, BMP handouts, inspection templates, and enforcement examples are included in Appendix D – FOG Program Supporting Materials.

20 Chapter 8: System Evaluation, Capacity Assurance and Capital Improvements

8.1 System Evaluation and Condition Assessment
The City of Visalia conducts routine evaluation and assessment of its sanitary sewer system to maintain system reliability, identify deﬁciencies, and prioritize maintenance and capital improvements.

The City utilizes a combination of CCTV inspection, manhole inspections, ﬁeld observations, and hydraulic modeling data to evaluate the condition of the collection system. • Condition Assessment Methods:
o CCTV Inspections are used to assess the interior condition of sewer mains, identify structural defects, root intrusion, inﬁltration and inﬂow (I&I) sources, debris accumulation, and other maintenance issues.
o Manhole Inspections are performed to evaluate structural condition, hydraulic performance, and evidence of surcharge or inﬁltration.
o Visual and Field Observations are documented by maintenance crews during routine cleaning, hot spot maintenance, and response to service calls. • Annual Assessment Targets:

Priority is given to high-consequence areas, including:
o Pipelines adjacent to surface waters or in steep terrain; o Areas with high groundwater elevations or environmentally sensitive features; o Areas near waterbodies with bacterial impairments listed under Clean Water Act Section 303(d).
• Climate Change Vulnerability:

As part of condition assessments, the City evaluates assets for vulnerability to climate change impacts, including increased storm intensity and frequency, localized ﬂooding, and power disruption events.
• Recordkeeping:

All inspection and evaluation data are documented and maintained in the City’s GIS and CMMS systems, providing a long-term record of system condition and trends.

8.2 Capacity Assessment and Design Criteria
The City has established procedures to identify system components experiencing or contributing to spills caused by hydraulic deﬁciencies or limited capacity. These assessments consider:
21 • Dry-Weather Peak Flow Conditions that contribute to surcharge or SSOs. • Wet Weather and Design Storm Events that cause increased I&I or capacity exceedances. • Major Sources Contributing to Peak Flows, such as speciﬁc basins with known I&I issues or upstream developments.

The City’s hydraulic modeling and master planning programs evaluate the capacity of key system elements, including:
• Gravity mains and trunk sewers;
• Force mains and pump stations;
• Interceptors serving growth areas;
• Flood-prone segments subject to elevated I&I under both current and projected storm conditions.

Capacity assessments use data from system inspections, spill history, and ﬂow monitoring, and account for future conditions, including climate change eﬀects such as higher-intensity storm events and increased erosive forces in nearby streams.

The design criteria used to size new and replacement infrastructure are contained in the City’s Standard Speciﬁcations and Design and Improvement Standards (see Appendices I–L) and include required redundancy for pumping and storage capacities.

8.3 Prioritization of Corrective Action
Findings from system condition and capacity assessments are used to prioritize corrective actions based on:
• Severity of deﬁciencies and likelihood of causing SSOs; • Environmental consequences (e.g., proximity to surface waters, sensitive areas); • Public health and service impacts; and
• Cost-eﬀectiveness and integration with planned capital projects.

Priority actions may include targeted maintenance, rehabilitation, I&I reduction programs, or capital upgrades. The prioritization process is integrated with both the CIP development cycle and day-to-day operations planning.

22 8.4 Capital Improvement Plan
The City maintains a Capital Improvement Plan (CIP) that serves as the implementation mechanism for major rehabilitation, replacement, and capacity improvement projects.

The CIP includes:
• Project Schedules and Completion Dates: Each project includes estimated design, bid, and construction timelines.
• Funding Sources: Identiﬁed internal (e.g., sewer enterprise fund) and external funding (e.g., grants, loans) for each project.
• Coordination: Close coordination between Operations and Maintenance staﬀ and Engineering staﬀ/consultants during planning, design, and construction phases ensures constructability and operational compatibility.
• Interagency Coordination: Projects are coordinated with other utility agencies and jurisdictions to minimize conﬂicts and take advantage of joint opportunities (e.g., road work coordination).

Relevant CIP documentation is included in Appendix F.

23 Chapter 9: Monitoring, Measurement, and Program Modiﬁcations

9.1 Adaptive Management Overview
The City of Visalia implements an Adaptive Management approach to evaluate and continuously improve the Sewer System Management Plan (SSMP). This approach ensures that all Plan elements remain eﬀective, data-driven, and aligned with operational realities and regulatory requirements under Order No. 2022-0103-DWQ.

The City maintains records, monitors performance, and reviews ﬁndings from audits and daily operations to identify opportunities for improved performance, spill prevention, and program eﬃciency.

9.2 Maintaining Relevant Information
The City collects and maintains relevant information to evaluate and improve the SSMP , including:
• Internal audit ﬁndings and follow-up corrective actions; • SSO data, including cause, volume, and location trends; • Preventive maintenance records (cleaning, CCTV, inspection frequencies); • Training and safety records for ﬁeld staﬀ; and
• CIP progress reports related to sewer system upgrades and rehabilitation.

This information is used to establish and prioritize SSMP activities and to guide updates to policies, staﬃng, and resource allocation.

9.3 Monitoring and Measuring Program Eﬀectiveness
Each SSMP element is monitored and evaluated for eﬀectiveness through a combination of:
• Performance metrics, including SSO frequency, response times, and preventive-maintenance completion rates;
• Review of program implementation, such as FOG inspections, condition assessments, and training compliance;
• Trend analysis of spill data to identify recurring problem areas; and • Assessment of preventive O&M activities, comparing actual cleaning and inspection frequencies against planned schedules.
24 The Wastewater Collections Superintendent and Public Works Manager jointly review these data at least annually to determine whether SSMP goals are being met and to identify areas needing improvement.

9.4 Assessment of Preventive Operation and Maintenance Activities The success of preventive operation and maintenance activities is assessed through:
• Tracking the reduction of blockages and SSOs over time; • Evaluating maintenance eﬀectiveness by comparing inspection results before and after cleaning; and
• Reviewing crew productivity and equipment performance data stored in the City’s CMMS.

These evaluations help determine if maintenance frequencies or methods require adjustment.

9.5 Plan Updates and Program Modiﬁcations
Based on monitoring results and performance evaluations, the City updates Plan procedures and activities as appropriate.

Plan modiﬁcations may result from:
• Internal audit recommendations;
• New or revised regulatory requirements;
• Implementation of new technologies;
• Organizational changes or resource adjustments; or
• Lessons learned from signiﬁcant SSO events.

All revisions are documented and incorporated into the SSMP during the next update cycle or sooner if warranted.

9.6 Spill Trend Identiﬁcation and Analysis
The City maintains a historical record of all SSOs and analyzes the data to identify spill frequency, location, and estimated volume trends. These trends are used to:
• Target recurring problem areas for additional cleaning, inspection, or rehabilitation; • Prioritize capital projects and O&M funding; and
25 • Measure the long-term eﬀectiveness of preventive and corrective actions.

Trend analyses are incorporated into the City’s internal audit reports and annual performance summaries.

9.7 Continuous Improvement Cycle
The Adaptive Management process functions as a continuous improvement loop:

1. Collect and analyze data from operations, maintenance, and compliance activities;

2. Evaluate performance and identify gaps in SSMP implementation;

3. Prioritize and implement improvements through operational changes or capital projects; and

4. Reassess eﬀectiveness during the next monitoring or audit cycle.

This structured process ensures that the SSMP remains a living document that evolves with the City’s operational experience and regulatory framework.

26 Chapter 10: Internal Audits

10.1 Purpose
The City of Visalia conducts internal audits of its Sewer System Management Plan (SSMP) to ensure ongoing compliance with Section 5.4 (Sewer System Management Plan Audits) of Order No. 2022- 0103-DWQ.

These audits verify that all elements of the SSMP are implemented eﬀectively, remain appropriate to the size, complexity, and performance of the City’s sanitary sewer system, and support continual improvement.

10.2 Audit Procedures
The City’s internal audit procedures are designed to be proportionate to system size and performance history and include the following steps:

1. Preparation and Scope Deﬁnition
o Review prior audit ﬁndings, SSO data, and performance metrics to deﬁne the audit focus areas.
o Establish the audit period and identify relevant SSMP elements to be reviewed.

2. Review of Program Implementation
o Evaluate the implementation and eﬀectiveness of each SSMP element, including documentation, maintenance records, training logs, and inspection data. o Verify compliance with current regulatory requirements and City policies.

3. Performance Evaluation
o Assess how eﬀectively preventive operation and maintenance programs, spill response, capacity management, and other core SSMP activities are functioning. o Identify areas of non-conformance, ineﬃciency, or needed procedural updates.

4. Findings and Recommendations
o Document all ﬁndings, corrective actions, and recommendations for improvement. o Assign responsibilities and timelines for implementing corrective measures.

5. Reporting and Certiﬁcation
o Prepare an Internal Audit Report summarizing results and actions taken. 27 o The report is reviewed by the Public Works Director and certiﬁed by the Public Works Manager (Legally Responsible Oﬃcial).

10.3 Audit Frequency
Internal audits are conducted at least once every three years, consistent with the General Order.

Additional audits may be performed sooner if signiﬁcant system changes, major SSOs, or regulatory revisions occur.

10.4 Audit Team
The audit is performed by personnel independent of daily operations to maintain objectivity. Typically, the Public Works Manager and Wastewater Collections Superintendent lead the audit with support from Engineering and Compliance staﬀ as needed.

10.5 Documentation and Recordkeeping
Completed audit reports are maintained for at least ﬁve years and included in Appendix A – SSMP Audit Reports.

Audit results are used to inform Plan modiﬁcations, CIP prioritization, and training needs.

A summary of ﬁndings and updates is presented to the Visalia City Council during SSMP adoption or update proceedings.

28 Chapter 11: Communication Program

11.1 Overview
The City of Visalia maintains procedures for eﬀective communication with the public, regulatory agencies, and owners or operators of systems connected to the City’s sanitary sewer system, as required by Order No. 2022-0103-DWQ.

These procedures ensure transparency, timely notiﬁcations, and coordination of operations, maintenance, and capital improvements that aﬀect shared infrastructure.

11.2 Communication with the Public

11.2.1 Spill Notiﬁcations
The City notiﬁes the public of spills or discharges that:
• Result in closures of public areas, including parks, roadways, or recreational facilities; or • Enter a source of drinking water or pose a potential public health risk.

Notiﬁcations are made through one or more of the following:
• Public notices or press releases coordinated with Tulare County Environmental Health and Cal OES;
• Updates posted on the City of Visalia website and social media accounts; and • On-site signage or barriers warning the public to avoid aﬀected areas.

11.2.2 Public Involvement in SSMP Development and Updates The public is provided opportunities to review and comment on the development, implementation, and updates of the Sewer System Management Plan (SSMP).
• SSMP updates and audit ﬁndings are presented to the Visalia City Council at public meetings, which are noticed in accordance with the Brown Act.
• Members of the public may submit written or verbal comments prior to Council action. • The current SSMP and internal audit reports are available to the public through the City’s website and at the Public Works Department during business hours.

11.3 Communication with Connected Systems
29 The City coordinates with owners and operators of systems that connect to the City’s collection system, including the Goshen Community Services District (GCSD) and other industrial or private connections.

This coordination includes:
• Operational Communication: Notiﬁcation of planned or emergency activities that could impact connected ﬂows or service reliability.
• Maintenance Coordination: Scheduling of joint maintenance, inspections, or repairs where infrastructure interconnects.
• Capital Improvement Coordination: Sharing information on capital projects that may aﬀect ﬂow routing, capacity, or service boundaries.

The City maintains open communication channels with connected system operators to ensure consistent performance and compliance across system interfaces.

11.4 Program Review and Updates
The Communication Program is reviewed during each triennial SSMP audit and updated as necessary to reﬂect improvements in public notiﬁcation procedures, communication technologies, or changes in interagency coordination agreements.

30 Table of
Appendices

Appendix Title Contents / Description
Appendix A SSMP Audit Reports Includes the most recent (2025) internal audit and prior audit reports, if available. Also includes the
standard Internal Audit Report template and
checklist used for future cycles.

Appendix B Sewer System Map GIS-generated map showing the City’s sanitary sewer collection system, including gravity mains,
manholes, force mains, and 13 lift stations.

Contains a metadata statement and date of data
accuracy.

Appendix C Spill Emergency
Response Plan (SERP)
Comprehensive procedures for spill response,
notiﬁcation, containment, cleanup, and post-spill
assessment. Includes callout ﬂowchart, ﬁeld
response forms, and reporting templates.

Appendix D Sewer Pipe Blockage
Control / FOG Program
Supporting Materials
Food Service Establishment inspection forms, FOG
best management practices (BMP) sheets, and
sample enforcement documents.

Appendix E Operations and
Maintenance Resources
Wastewater Collections equipment inventory
(2025), critical spare parts list, and maintenance
schedule summaries.

Appendix F Capital Improvement
Program (CIP)
References
Extracts from the City’s current wastewater-
related CIP , including project descriptions,
schedules, and funding sources for collection
system improvements.

Appendix G SSMP Adoption Record Documentation of City Council approval and adoption of the 2025 SSMP , including the staﬀ
report, agenda summary, and meeting minutes
excerpt.
31 Appendix H Organizational Structure 2025 Public Works organizational chart identifying the Director, Public Works Manager (LRO),
Wastewater Collections Superintendent, leads,
and staﬀ. Includes a communication ﬂowchart for
SSO reporting and SSMP implementation.

Appendix I City of Visalia Standard
Speciﬁcations (2008 and
2013 Combined)
Consolidated reference of relevant Standard
Speciﬁcation sections, including:
• Section 17 – Minimum Slopes
• Section 19 – Sewer and Storm Drain Structures
• Section 20 – Lift Station Standards
• Section 29 – Storm Drainage and Sanitary Sewer
Facilities (2013 Update).

Appendix J City of Visalia
Engineering Design and
Improvement Standards
(2016)
The City’s most recent adopted Design and
Improvement Standards, containing current
criteria for the design, construction, and
rehabilitation of sanitary sewer facilities.

Sewer System Management Plan
(SSMP) Internal Audit Report
City of Visalia
Compliance with State Water Resources Control Board Order No. 2022-0103-DWQ

1. Executive Summary
This internal audit evaluates the implementation and effectiveness of the City of Visalia’s Sewer System Management Plan (SSMP) in compliance with Order No. 2022-0103-DWQ.

The audit was conducted by the Public Works Manager and the Wastewater Collections Superintendent, with support from engineering and compliance staff as needed.

2. Audit Period and Team
Audit Period: 7/1/2025 to 8/10/2025
Audit Team:
- Ben Litwack, Public Works Manager
- Rick Paredez, Wastewater Collections Superintendent

3. Methodology
Each of the eleven SSMP elements were reviewed for implementation status, effectiveness, and compliance with the General Order. Historical SSO data from CIWQS and internal records were evaluated. Engineering and compliance staff were consulted as needed for technical clarifications.

4. Element-by-Element Findings

1. Goals
Status: Needs Update
Summary of Review: The “Goals” chapter still references the previous Order No. 2006-0003.

The definitions still reference spill categories from the previous order.

Recommended Actions: Spill categories should be updated and the newer order no. 2022- 0103-DWQ should be referenced.

2. Organization
Status: Needs Update
Summary of Review: Both personnel and organizational structure have changed since the last SSMP was created.

Recommended Actions: Updated organizational structure and personnel with current staff and positions.

3. Legal Authority
Status: Needs Update
Summary of Review: References old general order. Municipal code references are still current.

Recommended Actions: Update to reference new general order.

4. Operations and Maintenance Program
Status: Needs Update
Summary of Review: Mentions that City facilities consist of 6” – 42” diameter pipe. System now has 48” diameter pipe as well. Parts and inventories list is out of date.

Recommended Actions: Need to update to reflect current conditions and equipment/inventories.

5. Design and Performance Provisions
Status: Needs Update
Summary of Review: References old general order and old City standards and specifications.

Recommended Actions: Update to reference newer general order. Update to current City standards and specifications where feasible or specify 2008 document is referenced. Not all of the items referenced in the chapter carried over to the current standards.

6. Overflow Emergency Response Plan
Status: Needs Update
Summary of Review: References old general order. References different non-business hours call center. References inclusion of Overflow Emergency Response Plan as an appendix but does not include it.

Recommended Actions: Needs to be updated to reference newer general order and current call center. Attach Overflow Emergency Response Plan

7. FOG Control Program
Status: Needs Update
Summary of Review: References old general order. Update needed in 8.8.1 to note that FSE’s are now routinely inspected whether or not a blockage or overflow in the sanitary sewer has occurred.

Recommended Actions: Need to update to reference newer general order and current FSE inspection practices.

8. System Evaluation and Capacity Assurance Plan
Status: Needs Update
Summary of Review: References old general order. Does not mention that a new master plan is being developed.

Recommended Actions: Update to reference newer general order and mention that a new master plan is being developed.

9. Monitoring, Measurement, and Program Modifications
Status: Needs Update
Summary of Review: References old general order
Recommended Actions: Update to reference new general order.

10. SSMP Program Audits
Status: Needs Update
Summary of Review: References old general order.

Recommended Actions: Update to reference new general order.

11. Communication Program
Status: Needs Update
Summary of Review: References old general order.

Recommended Actions: Update to reference new general order. Should mention that public hearing will be held once SSMP is updated.

5. Summary of Recommended Updates
Since the SSMP was last updated in 2012 and all elements reference an old general order, an update will need to be made to reflect the new general order. Updates will also need to be made to reflect changes in organizational structure, personnel, equipment, and inventories.

There have been no Sanitary Sewer Overflows from City-owned facilities since the SSMP was implemented so the plan appears to have been effective.

The SSMP will be updated in August of 2025 and brought to City Council for approval in September of 2025.

6. Certification
I certify under penalty of perjury that this audit report is true and accurate to the best of my knowledge.

Name: Ben Litwack
Title: Public Works Manager
Date: August 11, 2025

City of Visalia Spill Emergency Response Plan (SERP)
(To be adopted by City Council and included as Appendix C to the SSMP)

1. Purpose and Scope
This Spill Emergency Response Plan (SERP) establishes procedures for prompt response to sanitary sewer overﬂows (SSOs) to minimize public health risks, protect the environment, and comply with Order No. 2022-0103-DWQ. The plan applies to all City of Visalia wastewater collection system staﬀ and contractors.

2. Spill Detection and Notiﬁcation

2.1 Detection
SSOs may be detected through:
• Public calls to City Hall, the WRF Operations Control Center, or the City’s after-hours answering service (Professional Communications Network, PCN).
• Field staﬀ observations during routine inspections or maintenance. • SCADA alarms from pump stations.
• Reports from other agencies or utilities.

2.2 Notiﬁcation Procedures
• Business Hours: Calls are received by the WRF Control Center (559-713-4403) and dispatched to the Wastewater Collection Superintendent or designee.
• After Hours: Calls are received by PCN, which immediately contacts the on-call Wastewater Collections staﬀ.
• Escalation: The Wastewater Collection Superintendent notiﬁes the Public Works Manager (LRO) for large or sensitive SSOs.

3. Spill Response Procedures

3.1 Initial Response
• Dispatch ﬁeld crew immediately.
• Establish traﬃc control and site safety.
• Assess the extent of the spill and identify the source. • Stop the spill at its source where possible.

3.2 Containment and Control
• Use sandbags, plugs, bypass pumping, or vacuum trucks to contain and recover sewage. • Protect storm drains using mats, plugs, or temporary berms. • Divert ﬂows to adjacent manholes when feasible.

3.3 Mitigation
• Remove spilled sewage from impacted areas, including storm drains. • Wash and disinfect paved surfaces with minimal water use. • Apply absorbent or lime for residual sewage.
• Collect all contaminated materials for disposal at the WRF or other approved facility.

4. Notiﬁcations to Agencies

4.1 Internal
• Wastewater Collection Superintendent (ﬁeld response lead). • Public Works Manager (LRO, CIWQS certiﬁcation).
• Public Works Director (major events).

4.2 Regulatory
• CIWQS Reporting (State and Regional Water Boards): Initial within required timeframe; Certiﬁed by LRO.
• Cal OES: If spill reaches surface waters.
• Tulare County Environmental Health: All Category 1 and 2 SSOs.

4.3 Other Entities
• Water suppliers if potable water sources are threatened. • Adjacent cities/jurisdictions if ﬂows cross boundaries. • Public notiﬁcation if spills impact public areas.

5. Documentation and Reporting
• Field crews complete an SSO response report including estimated volume, duration, cause, corrective actions, and photos.
• Wastewater Collection Superintendent reviews and enters data into CIWQS. • Public Works Manager (LRO) certiﬁes reports.
• All records retained for at least ﬁve years.

6. Training and Drills
• Annual refresher training for all collection staﬀ on spill response, reporting, and safety. • Annual ﬁeld drill simulating an SSO response.
• CIWQS data entry training for designated staﬀ.

7. Post-S pill Assessment
• Conduct a root cause analysis.
• Evaluate response eﬀectiveness.
• Identify corrective actions (e.g., system improvements, procedural changes). • Update the SERP annually based on lessons learned.

8. Resources and Equipment
• Jet/Vac trucks and CCTV van.
• Portable pumps and generators.
• Sandbags, mats, plugs, absorbents, and disinfectants. • Traﬃc control equipment.
• Spill response forms and reporting checklists (included as Appendices to this SERP).

9. Annual Review
The SERP will be reviewed annually by the Public Works Department to ensure compliance with regulations, update contact information, and incorporate improvements based on training and spill events.

APPENDIX D

Citation Number
28585
City of Visalia • Municipal Code

ADMINISTRATIVE CITATION
D Warning Only
VC 9.32.030 • Subsequent violation will result in fine assessment.

Date of Violation1-J • l 025rime \ '· \ 5 am!@:) S@TWTFS CE ____ _ • � \ 1� a z-Date Citation Issued _..-.)....c...l,\.c..,_7\-+---..,_ __ ....c;k;..._D-.:::_.'.) _______ _ Driver's License # __ ...::====:::._State:==_ Birthdate _____ _ Sex�air�yes�eight�eight�e
Location of Violation ____________________ _
finn for violating the City of Visalia Municipal Code are $100 for the first offense, $200 for a second violation of the same ordinance within one year and $500 for each additional violation within one year.

Section Description of Violation Fine Due and Payable

1. N t>-i SCA'f\C:P, t)'C :\?B.\J tY)DOY\ t)\ �. 5288 ,6698, � $ '300 2 \\I\0.2thc:k1vQ., \')'\{Al\'ill'{\(»J\ f.R_, or $100. $200, $500, or$�

3. O
�
'f��
Q � )Q\)Je'< 5-iW.ro $100,$200 , $500,orS�

4. \= >-\<o{JD $1 00,S200,S500, orS...____

5. r)f-. ½-1 Ji"kl 11�n.lblJs100,s200 ,S500, or$�
THE TOTAL AMOUNT OF FINE DUE AND PAYABLE WITHIN TEN (10) DAYS IS$ 30 0 .00 __ Violation not committed in my presence, declared on information and belief.

Evidence seized? 1' Photographs taken? @)t No Number attached· 3 Supplemental report(s) attached? Yes/ No Departmen1 :1/\N • \PlAJ under the laws of the State of California the foregoing is true /2803
ID#
If you would like to contest this citation and appear before an Administrative Hearing Officer you must me a written notice of request to appeal wjthin 10 days of having been issued the Administrative Citation. If you fail to do so your appeal rights shall be deemed waived and the Administrative Citation fine shall become final. Written Appeal forms are available at:

City of Visalia Community Development Department
315 E. Acequia Avenue, Visa/la, CA 93291

FAILURE TO PAY ASSESSED FINES IS A MISDEMEANOR AND VIOLATORS SHALL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.

REV. 4/20

FINANCE

Managing FATS, OILS, and GREASE
1 DO NOT pour cooking
residue directly into
the drain.
2 DO NOT dispose of
food waste into the
garbage disposal.
3 DO NOT pour waste
oil directly into the
drain.
4 DO NOT wash floor
mats where water
will run off directly
into the storm drain.
4 Clean mats inside
over a utility sink.
3 Collect waste oil and
store for recycling.
2 Dispose of food waste
directly into the
trash.
1 Wipe pots, pans, and
work areas prior to
washing.

DON’T... DO...

Partners in Grease Management:

City of Visalia
Water Reclamation Facility-Pretreatment
7579 Ave 288 • Visalia, CA • (559) 713-4465

FATS, OIL, AND GREASE (FOG) INSPECTION REPORT FOR FOOD SERVICE ESTABLISHMENTS

Facility Information
Facility Name:

Facility Address:

Facility Phone:

Owner or Authorized Person:

Type of Facility:

Full Service Restaurant Take Out Eating Pizza Delivery / Carry Out Delicatessen Pizza Parlor Dine In Limited Service Restaurant Donut Shop Fast Food Ice Cream/Frozen Yogurt
Snack Bar Bakery Coffee Shop
Cafeteria Buffet Catering
Other:

Inspection:

Contact During Inspection:

Inspection Date: Inspection Time (Start to Finish):

Inspection Type: Routine Monitoring Enforcement Follow-up

Grease Removal Device (GRD) – 25% Rule Applies
Yes No GRD?
GRD type: Interceptor Grease Trap
Device location:

Device condition:

1st Chamber 2nd Chamber 3rd Chamber 4th Chamber
Oil (Top): ____ in
Solids(Bottom): _____in
Total Oil/Solids: _____in
Hydraulic Depth: _____in
% of Solids: ____%

Oil (Top): ____ in
Solids(Bottom): _____in
Total Oil/Solids: _____in
Hydraulic Depth: _____in
% of Solids: ____%
Oil (Top): ____ in
Solids(Bottom): _____in
Total Oil/Solids: _____in
Hydraulic Depth: _____in
% of Solids: ____%
Oil (Top): ____ in
Solids(Bottom): _____in
Total Oil/Solids: _____in
Hydraulic Depth: _____in
% of Solids: ____%
*Cross out box chamber number that does not apply
Kitchen Inspection

Yes No FOG discharge prevention BMP sign posted in dishwashing area

Food Processing/Cooking Equipment
Deep fryer Rotisserie Oven
Charbroiler Wok stove Commercial stove / oven
Grill Steam cooker Tilting skillet / kettle
Griddle Steam table Fryer drain rack/bin
Counter top fryer Other
_ Pass _Fail

_ Warning Citation Issued:_____

_Citation Issued : __________

Dish Washing / Equipment Cleaning
Yes No Do all drains (sinks and floor) have screens

Yes No FOG discharge prevention BMP sign posted in dish washing area Yes No FOG discharge prevention BMPs followed
Yes No Food scraps/waste present in sink
Yes No Grease/oil residue present in sink
Yes No Automatic dishwashing unit
Food and solid waste disposal
Yes No Food waste segregated from nonfood
Yes No Food waste disposed of in trash
Yes No Food waste bagged to prevent leakage
Yes No Garbage disposal unit

Waste Oil / Grease Disposal:

Yes No If fryer draining rack/bin present, absorbent material under fryer draining rack/bin Yes No Grease collector/trap present on grills, char broilers, rotisseries Yes No Grease collector/trap emptied into waste oil container Yes No Waste oil disposal service used
Waste oil / grease storage container location: Inside Outside Covered Bermed Yes No Waste oil / grease storage enclosure/area clean and free of spilled oil/grease and food Yes No Waste oil / grease storage enclosure has drain connected to grease interceptor Yes No Waste oil / grease storage enclosure has connection hot and cold running water Yes No If no drain and water connection, pavement cleaning service contracted Yes No Waste oil / grease storage enclosure separate from trash

Floor Mat Cleaning
Yes No Floor mats present in food prep/cooking areas

Mat cleaning location, i.e. indoors/outdoors (describe):

Yes No Mat cleaning wastewater contained
Yes No Mat cleaning wastewater discharged to grease interceptor Yes No Discharge able to reach Storm water System
Record Inspection
Employee FOG Discharge Prevention BMP Training Records
Yes No Employees are trained on the FOG discharge prevention BMPs

Yes No Records of employee FOG discharge prevention BMP training at facility Grease Removal Device (GRD) Maintenance Records
Yes No GRD maintenance and pump down Records at facility

GRD Cleaning Firm: Phone Number
Date last serviced: Pump out removal frequency
Yes No GRD / Trap scheduled on an automatic schedule
Waste Oil Disposal
Yes No Waste oil / grease generated at facility
Yes No Records kept at facility
Yes No Waste oil / grease removal scheduled on an automatic schedule Waste Oil Hauler Phone Number
Date last removed: Waste oil / grease removal frequency? Municipal Code Compliance

13.08.570 Traps required.

Grease, oil and sand traps shall be provided when, in the opinion of the City, they are necessary for the protection of the sewerage system from liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such traps shall not be required for buildings used solely for residential purposes. Such traps shal l be required, for example, on discharges from all service stations, automotive repair garages, car washes, restaurants, eating establishments and food preparation establishments, and such other commercial or industrial establishments as the city may designate. (Ord. 2006-02 (part), 2006: Prior code § 4254)

13.08.580 Construction of traps.

All traps shall be of a type and capacity approved by the city and shall be so located as to be readily and easily accessible for cleaning and inspection. Restaurant traps shall be gas-tight, of a type approved for restaurant use by the division of building safety. Traps for all other facilities, including service stations and garages, shall be in accordance with the adopted plan of the city for such traps or shall be the approved equal thereof as determined by the director. (Ord. 2006 -02 (part), 2006: Prior code § 4255)

13.08.590 Maintenance of traps.

When installed, all grease, oil and sand traps shall be maintained by the owner, at owner's expense, in continuously efficient operation at all times. (Ord. 2006-02 (part), 2006: Prior code § 4256)

13.08.520 Limitations on the use of garbage grinders.

A. Waste from garbage grinders shall not be discharged into a community sewer except:

1. Wastes generated in preparation of food normally consumed on the premises;

2. Where the user has obtained a permit for that specific use from the city, and agrees to undertake whatever self - monitoring is required to enable the city to equitably determine the user charges based on the waste constituents and characteristics.

B. Such grinders must shred the waste to a degree that all particles shall be carried freely under normal flow conditions prevailing in the community sewer, with no particles greater than one- half inch (1.27 centimeters) in any dimension. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse. The installation and operation of any garbage grinder equipped with a motor of one-half horsepower or greater shall be subject to the review and approval of the city. (Ord. 2006-02 (part), 2006: Prior code § 4249)

13.08.480 Prohibitions on discharges.

No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements.

No person shall discharge to a public sewer wastes which, in the opinion of the director, cause, or are capable of causing either alone or by interaction with other substances:

A. A fire or explosive hazard;
B. Obstruction of flow in a sewer system or injury of the system or damage to the wastewater collection, treatment or disposal facilities;
C. Danger to life or safety of personnel;
D. A nuisance, or prevention of the effective maintenance or operation of the sewer system, through having a strong, unpleasant odor;
E. Air pollution by the release of toxic or malodorous gases or malodorous gas -producing substances; F. No person or industrial user shall discharge to the city’s facilities any substance which has or contains:

1. An end-of-pipe discharge temperature in excess of one hundred fifty (150) degrees Fahrenheit (sixty -five and one-half (65.5) degrees C), or a temperature which will inhibit biological activity in the treatment plant, but in no case heat which will cause the influent at the headworks of the treatment plant to exceed one hundred four (104) degrees F (forty (40) degrees C);

2. More than two hundred (200) mg/l of total oil or grease;

3. Any gasoline, benzene, naphtha, fuel oil or other inflammable or explosive liquid, solid or gas;

4. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

5. Any garbage that has not been properly shredded;

6. Any ashes, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, wood, or any other solid, or viscous substance capable of causing obstructions to the flow in sewers or other interference with the proper operation of the sewage system;

7. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive characteristic capable of causing damage or hazard to structures, equipment or personnel of the sewage system;

8. Any waters or wastes containing toxic or poisonous substances in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plant;

9. Any noxious or malodorous gas or substance capable of creating a public nuisance;

10. No discharge to the sewer shall be permitted that when blended with the remaining city flow shall cause an excess of the following constituent levels in the discharge from the sewage treatment plant. a. Chlorides: one hundred fifty (150) mg/l,
b. Dissolved solids: six hundred (600) mg/l,
c. Sodium ratio: seventy (70) percent,
d. pH, outside limits: 6.5-8.5 ph units;

11. Which exerts an excessive chemical oxygen demand or chlorine demand to such a degree that the total wastewater received at the sewage treatment plant exceeds treatable limits, as established by the city, for such wastewater;

12. Which shall produce discoloration of the sewage treatment plant effluent;

13. With a volume of flow or concentration of wastes constituting “slugs” as defined in Section 13.08.040;

14. Any substance which may cause the treatment plant's effluent or any other product of the treatment plant such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to city's facilities cause the plant to be in noncompliance with sludge use or disposal criteria , guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge u se or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used;

15. Any substance which may cause the treatment plant to violate its NPDES permit or the receiving water quality standards;

16. Pollutants which create a fire or explosive hazard in the city's wastewater collection and/or treatment systems, including, but not limited to, wastestreams with a closed-cup flashpoint of less than one hundred forty (140) degrees F (sixty (60) degrees C) using the test methods specified in 40 CFR Part 261.21.

G. A detrimental environmental impact or a nuisance in the waters of the state or a condition unacceptable to any public agency having regulatory jurisdiction over the city; discoloration or any other condition in the quality of the city's treatm ent works effluent in such a manner that receiving water quality requirements established by city's NPDES permit cannot be met; H. Conditions at or near the city's treatment works which violates any statute or any rule, regulation, or ordinance of any public agency or state or federal regulatory body;
I. Quantities or rates of flow which overload the city's collection or treatment facilities or cause excessive city collection o r treatment costs. (Ord. 2011-08 § 3, 2011: Ord. 2006-02 (part), 2006: Prior code § 4245)

Required Corrective Actions/Comments

Required Actions Completion and/or Document Submittal Deadline Inspector (Print)
Signature of Inspector Date
Title

Appendix E: Wastewater Collections Equipment Inventory (2025) Equipment+DA3:E37 Type Year Miles /
Hours
Unit
Number
Dodge 2500 Flat Bed Spray Rig 2022 – 318226
Ford F-350 4x4 Utility Bed 2012 83,000 318218
Ford F-350 4x4 Utility Bed 2015 84,000 318219
Ford F-350 4x4 Utility Bed 2015 54,000 318220
Dodge 5500 4x4 Lift Utility Bed with
boom 2024 30 318227
Ford F-350 4x4 Fleet side bed 2015 45,500 318222
Ford F-350 4x4 Utility Bed 2015 93,000 318223
Ford F-350 4x4 Utility Bed 2017 63,000 318224
Nissan CCTV Van 2020 4,000 318225
Ford F-350 4x4 Flat Bed 1-Ton
(short bed) 2011 110,130 318920
Vac-Con Jet/Vac Truck 2012 92,000 318921
Vac-Con Jet/Vac Truck 2013 48,500 318922
Kenworth 10 Wheel Dump
Truck 2015 48,500 318923
Vac-Con Jet/Vac Truck 2015 73,000 318924
Ford F-350 4x4 Flat Bed 1-Ton
(long bed) 2019 12,000 318925
John Deere Gator 2008 518 hrs 318709
John Deere Skidsteer w/
attachments 2013 1,940 hrs 318710
John Deere Excavator 2020 268 hrs 318711
John Deere Backhoe 2020 243 hrs 318712
John Deere Dozer 2020 320 hrs 318713
Jacobsen Trailer 32' Equipment
Trailer
2008 – 318728
Big Tex Trailer 16' Tilt Trailer
(Skidsteer) 2013 – 318731
TKT 501P Trailer Excavator Trailer 2020 – 318734
Sterling 10 Wheel Dump
Truck 1999 122,600 314927
Jacobsen Trailer 16' Equipment
Trailer 2008 – 238704
Compressor Mobile Compressor 1993 711 hrs 238729
Vermeer Wood Chipper – – 312776
John Deere 6" Trash Pump 2023 0 hrs TP-67
Gorman Rupp 6" Trash Pump 2005 264 hrs TP-64
Gorman Rupp 6" Trash Pump 2023 20.3 hrs TP-66
Gorman Rupp 6" Trash Pump 2008 82 hrs TP-62
Gorman Rupp 6" Trash Pump 2008 28 hrs TP-61
John Deere 125 kVA Generator 2016 – 318732
John Deere 125 kVA Generator 2016 – 318733
Hatz 4" Trash Pump 2008 – TP-44
Subaru 4" Trash Pump 2008 – TP-43
Hatz 4" Trash Pump 2008 – TP-42
Hatz 4" Trash Pump 2008 – TP-41
– Port-A-Potty Trailer 2009 – 318730
WWTP - 431
Capital Improvement Program
As Of: 11/3/2025
Project Description
Project
Manager Project # Construction Budget Actual Encumbrance Balance Allocated Sanitary Sewer Master Plan: Update the City's Sanitary Sewer Collection System Master Plan based on the prior master plan analysis work done in 2005, taking into consideration the new growth boundaries and land uses established in the current General Plan Update in progress. Will include a nexus study to allow the sanitary sewer trunk line impact fee to be adjusted accordingly. The Sanitary Sewer Collection System Master Plan is an infrastructure plan that needs regular updating for the implementation of the City's General Plan to provide adequately sized sanitary sewer lines for future growth. Engineering CP0015 129,843.96 - - 129,843.96 0.00% Fleet Shop Improvements & Expansion: Improvements to Edison building at 432 N Ben Maddox Way for Fleet use to include lighting, electrical and air supply for shop equipment & work bays, and shop building heaters, fire sprinklers and required ADA improvements. Fleet's Light Vehicle Shop and Tire Shop will relocate to Edison building after improvements are complete.

This project will coincide with EQ0135 (C-Trains) and CP8377 (Hoists).

Multi-Funded total of $630k from $467k General Fund (001), $11k Buildings (401), $11k Airport (411), $42k Wastewater (431), $89k Solid Waste (441), $4k Transit (452) and $6k Storm Sewer Maintenance (481). Fleet CP0048 42,300.01 - - 42,300.01 0.00% Annual Rebuild Sludge Solids Grinders: The WWTP has 7 sludge grinders in operation with a life expectancy of approx. 3 years. Budget allows for two sludge solids grinders to be rebuilt annually. The grinders reduce the larger objects in the sludge to smaller objects to reduce plugging of pumps, lines and digesters. The sludge grinders also make the biosolids more digestible to ensure that the digesters are in top working condition, allowing the organic solids to decompose in order to produce digester gas. This process ensures the biosolids meet Federal and State requirements. Staff intends to replace grinders, as needed. WRF CP0322 22,000.00 - - 22,000.00 0.00% Cummins Engine Rebuild: Since engine and generator have not yet been operational due to air board regulations, an intermediate overhaul is required to bring the engine online and guarantee proper function and output. The biennial budget schedule is for a top end overhaul, followed by an intermediate overhaul per manufacturers recommendations based on predicted hours of use. Cummins engine must be kept in top running condition to meet San Joaquin Valley Air Pollution Control District permit requirements and reduce the amount of electrical load the treatment facility purchases. WRF CP0323 32,666.78 - - 32,666.78 0.00% Annual Sanitary Pump Replacement: Project will replace or repair the sanitary sewer lift station pumps when they fail or have reached their 10-12 year life expectancy. The cost of a new pump ranges from $10k to $50k, depending on the size. Pump sizes range from 3hp to 25hp based on the size of the lift station. These pumps can also be rehabilitated and returned to stock if it proves to be more cost-effective.

WRF CP0324 200,000.00 - - 200,000.00 0.00% WRF Catalytic Reduction System WRF CP0366 97,615.25 - 97,572.81 42.44 99.96% Tipton-Mineral King Sewer Repair - The project will repair sewer lines along Mineral King Avenue, Tipton Street, and Santa Fe Street Engineering CP0377 1,527,003.88 - 1,304,393.00 222,610.88 85.42% PM3000COV:Project Allocation with Actuals and Encumbrances 1 of 9 WWTP - 431
Capital Improvement Program
As Of: 11/3/2025
Project Description
Project
Manager Project # Construction Budget Actual Encumbrance Balance Allocated Demo Ben Maddox Parking Lot Buildings: Demolition of existing Adobe building which is located in the public ROW, and metal building easterly of Adobe building to allow for Ben Maddox administration parking lot improvements and expansion. Both buildings are of significant age and too costly to retrofit for the useful square footage that would result. This project will include demolition and ground prep only. Phase 2 (CP8216) is for the improvements/expansion to the parking lot. This project will demolish the existing buildings, providing room to reconstruct and expand the existing administration parking lot. Wastewater owns these buildings, therefore will fund the demo to allow for the parking lot improvements and expansion to be done.

WRF CP0437 390,000.00 - - 390,000.00 0.00% WRF Groundwater Monitoring: Construction of (6) Groundwater Monitoring Wells surrounding the WRF and decommissioning of (6) dry Groundwater Monitoring Wells. The WRF is required to replace any Groundwater Monitoring Well after it has been deemed dry more than (4) consecutive semi-annual testing cycles. Of the total 18 monitoring wells, six have been dry during the last two consecutive semi-annual tests. This is a mandatory requirement by the Water Board to ensure WWTP activities are not effecting the ground water in any detrimental way. WRF CP0438 171,510.00 - - 171,510.00 0.00% Annual Activated Sludge Overhaul: Replace or rebuild mixers, pumps, air piping , membranes and related air transfer equipment. This overhaul will protect the plant investment and ensure that the activated sludge process removes the organic nitrogen prior to the membrane tanks so permit limits are met. Annual funding covers the cost of one rebuild. In addition, the manufacturer requires, at minimum, (4) tanks to be inspected annually, and rebuilt every 3-5 years. WRF CP0439 200,000.00 - - 200,000.00 0.00% Annual Digester Gas Cleaning: Replacement & removal of media in the H2S and siloxane vessels. The four siloxane vessels are cleaned annually and two H2S vessels bi-annually. Requires purchase of Sulfatreat Media. The media must be replaced to protect the cogeneration unit and cleaning will ensure the digester gas meets purity level specified by the Cummins engine manufacturer to protect and prolong the life of the co-gen engine, ensuring the digester gas H2S limits set in the CA Air Resources Board (CARB) permit are met. WRF CP0440 257,412.54 654.02 - 256,758.52 0.25% Annual UV Disinfection Process Maintenance: Replacement of ultra-violet (UV) disinfection bulbs, quartz sleeves, wipers and electrical parts. Typically around 550 of the 864 bulbs are replaced throughout the year. This overhaul will maintain the operating condition of the UV equipment to ensure that the required permit UV Dose is maintained 24 hours, 7 days a week. To ensure that the disinfection of the final effluent meets the required permit limits and that the UV Process is in compliance with the UV Operation Plan approved by the Division of Drinking Water. WRF CP0441 120,000.00 - - 120,000.00 0.00% Irrigation Well: Installation of new irrigation well for orchard near Water Reclamation Facility. As the newly planted trees mature, the existing wells will not provide adequate irrigation for the orchard. . WRF CP0443 500,000.00 - - 500,000.00 0.00% PM3000COV:Project Allocation with Actuals and Encumbrances 2 of 9 WWTP - 431
Capital Improvement Program
As Of: 11/3/2025
Project Description
Project
Manager Project # Construction Budget Actual Encumbrance Balance Allocated Primary Clarifier Concrete Rehab - Rehabilitate the concrete within the basin, including sand blasting the surface, patching damaged concrete, applying a protective coating to prevent future deterioration.

WRF CP0455 293,833.75 - - 293,833.75 0.00% Mission Linen Soil Remediation: Fund City's obligated portion of remediation in the general area along Mineral King between Tipton and Santa Fe Streets, and Santa Fe Street and Tipton Street north of Mineral King.

Provides reimbursement of activities associated with soil remediation implementation. Apex Companies, LLC. and Environmental Risk Solutions, Inc. are contracted by Mission Linen in compliance with the Imminent and Substantial Endangerment Order as the first step in the contamination cleanup. Additional funds are required for installation and operation of the Soil Vapor Extraction (SVE) Interim Remedial Measure (IRM). Includes prior year funds of $850K from WWTP (431).

Engineering CP0477 1,744,532.56 132,057.18 - 1,612,475.38 7.57% Sonic Building Parcel Project
Public Works CP0481 12,580.06 - - 12,580.06 0.00% Walnut Ave Communications Connectivity: Installation of conduit and fiber optic cable as an extension of the Intelligent Transportation System (ITS) to provide a City owned fiber optic connection to the Water Reclamation Faciltiy (WRF). Provides connection between existing fiber optic communication infrastructure at the intersection of Akers St and Walnut Ave and the intersection of Walnut Ave and Plaza Dr; and bridges the communication gap in Walnut Avenue from Akers Street to Plaza Drive.

Multi-funded project total of $1.4m from $530k WWTP (431) including $180K prior year funding, $175k Animal Services (406), $175k Airport (411), and $600k Measure R Local (131). Engineering CP0527 530,000.00 - - 530,000.00 0.00% Upgrade Water Recycling Facility Receiving Gates: Install gate opener and card reader on Septic Receiving Station gate where local Septage Haulers dispose of collected material. The gate is currently manually opened at 8am and closed at 4pm by staff on a daily basis. This upgrade would fully automate the system providing additional security, accurate tracking, and convenience at the WRF, as well as allowing septic haulers to dump after staff has left the site. Extending the hours for dumping delivers convenience to our septic customers as well as additional revenue to offset septic treatment. WRF CP0574 Y 163,407.79 - - 163,407.79 0.00% Airport Sanitary Lift Station Rehabilitation: The rehab will remove and replace the discharge pipes from the wall of the lift station to the discharge manifold, and install a flow meter. During the original rehab, the discharge pipes were not replaced and are now showing signs of erosion.

Engineering CP0578 Y 705,382.20 1,028.72 713,650.00 (9,296.52) 101.32% PM3000COV:Project Allocation with Actuals and Encumbrances 3 of 9 WWTP - 431
Capital Improvement Program
As Of: 11/3/2025
Project Description
Project
Manager Project # Construction Budget Actual Encumbrance Balance Allocated Lift Station Connectivity Feasibility Study: This project will hire a consultant to evaluate the connectivity of the existing sanitary sewer and storm drain lift stations Citywide to the City's fiber optic communication system. The consultant will also prepare preliminary plans and construction cost estimate for the proposed connectivity. The existing connectivity between the Wastewater Treatment Plant and the sanitary sewer and storm drain lift stations is aging and some of the equipment is no longer available. Engineering CP0579 Y 120,000.00 - - 120,000.00 0.00% Annual Sanitary Sewer Maintenance Access Point Repairs: Repair and raise access points throughout the city's sanitary sewer system. Funding will allow replacement of one brick and mortar sewer access point per year, as well as the purchase of frames, risers, and lids to repair damaged access points. WRF CP0580 Y 25,000.00 - - 25,000.00 0.00% Lab A/C Replacement: The Lab A/C unit is 20+ years old and needs to be replaced based on the recommendations from the Facilities division manager. Since the unit is significantly more complicated than a standard AC system, there will be some redesign work involved with the project. WRF CP0581 Y 125,000.00 - - 125,000.00 0.00% Membrane Replacement: Replace the membrane curtains per manufacturers recommendation every 8-10 years. One (1) train will be replaced as a trial run in FY25/26 to provide a better understanding of how long each replacement will take. The remaining 9 trains will be replaced during FY26/27 and FY27/28. This will keep the plant running at optimum effeciency. The wear from the wastewater treatment process slowly damages the membrane filters. The lifetime is uncertain as different processes put different stress and wear on the membranes. For safety from violation or emergency replacement all 10 trains will be replaced. WRF CP0582 Y 750,000.00 - - 750,000.00 0.00% RAS Pump/Motor Rebuild: Complete rebuild of one Return Activated Sludge (RAS) pump and motor annually until all (3) are rebuilt. There are 3 RAS pumps at the RAS Structure. One pump runs 24 hours, 7 days a week and a second pump runs 12-15 hours, 7 days a week. The pumps were placed in service in 2016. Each pump has a life expectancy of approx. 35 years and can be rebuilt every 8-9 years before replacement is necessary (approx. 3 times). The RAS pumps are a critical component for the proper operation of the membrane bio-reactor (MBR) system. WRF CP0583 Y 20,000.00 - - 20,000.00 0.00% Interstage Pump/Motor Rebuild: Complete rebuild of one Interstage pump and motor annually until all (3) are rebuilt. There are 3 interstage pumps at the Interstage Pump Structure. One pump runs 24 hours, 7 days a week and a second pump will run when high influent flows occur. The pumps were placed in service in 2016. Each pump has a life expectancy of approx. 35 years and can be rebuilt every 8-9 years before replacement is necessary (approx. 3 times). The pumps are critical to ensure flows proceed through the plant.

WRF CP0584 Y 20,000.00 - - 20,000.00 0.00% PM3000COV:Project Allocation with Actuals and Encumbrances 4 of 9 WWTP - 431
Capital Improvement Program
As Of: 11/3/2025
Project Description
Project
Manager Project # Construction Budget Actual Encumbrance Balance Allocated Upgrade Fuel Management: Upgrade fueling system and equipment, linking three fueling operations to a central location (Corp yard, Police/Fire 51, WWTP) providing complete fuel accounting, instant reconciliation across multiple sites, real-time fuel data access for monitoring and reporting, and upgrade to keyless tracking with vehicle sensors. Current software is outdated and parts are becoming hard to locate. The condition of City fueling infrastructure will be evaluated prior to moving forward with this project. Multi-Funded total of $200k from $148k General Fund (001), $3k Buildings (401), $3k Airport (411), $13k Wastewater (431), $28k Solid Waste (441), $1k Transit (452) and $2k Storm Sewer Maintenance (481). Fleet CP0591 13,400.00 - - 13,400.00 0.00% WRF Master Plan Upgrades - improvements to the sludge thickening and conveyance system and improvements to the dewatering processes including construction of a third screw press, additional sludge drying beds, and a new sludge holding reservoir.

WRF CP0636 19,420,487.50 5,456.00 15,273,119.19 4,141,912.31 78.67% Virmargo Right of Way & Utility Installation: Acquisition of Virmargo Right of Way between Goshen and Houston, design and construction of sewer lift station at Goshen and Virmargo (to be coordinated with park/pond) and installation of storm and sewer main in Virmargo alignment. Connects to Irma Sewer (CP9457) by designing and constructing sewer lift station and main to serve Irma and undeveloped area between Goshen and Houston allowing future tie-in of development north of Goshen to future park/pond funded by separate CIP request. Multi-funded project total of $2.6m from $791k Storm Sewer Construction (221), $873k Wastewater Trunkline (231), $873 WWTP (431), and $117k Transportation Impact Fee (241). Engineering CP0657 872,457.88 - - 872,457.88 0.00% Sanitary Lift Station Connectivity & Signal Interconnect: Install City owned fiber optic connection to existing sanitary lift stations at the airport and golf course along the south side of Hwy 198 and extend the signal interconnect to Crowley Ave at Plaza Dr. using existing communication conduit and installing new conduit from the Airport to two sanitary lift stations allowing remote real time monitoring of sanitary volume flows. Construction contingent upon grant funding from state/federal grant funds. Multi funded project total of $1.6m from $100k Measure R Local (131), $430K WWTP (431), $1.16m State Transportation (281-CMAQ). Engineering CP0664 430,000.01 - - 430,000.01 0.00% Corporation Yard Facility Assessment & Master Plan: Assess needs and conditions of various City Departments whose operations and administrative staff utilize the Corp Yard. Includes review of space needs for offices, operations, vehicle, equipment, and future infrastructure for charging/fueling zero emission vehicles. The City has identified various projects to accommodate growth and improved efficiency. The Master Plan will establish the future configuration for the Corp Yard property and the best path for implementation of interrelated projects. Multi-funded project total of $150k from $65k General Fund (001), $3k WRF (431), $76k Solid Waste (441), $3k Bldg Safety (401) and $3k Storm Sewer (481).

Public Works CP0667 3,000.00 - - 3,000.00 0.00% PM3000COV:Project Allocation with Actuals and Encumbrances 5 of 9 WWTP - 431
Capital Improvement Program
As Of: 11/3/2025
Project Description
Project
Manager Project # Construction Budget Actual Encumbrance Balance Allocated ZEV Fleet Assessment & Transition Plan: The California Air Resources Control Board (CARB) requires transition of vehicle fleets state-wide to meet zero-emission vehicle (ZEV) regulations. The City must evaluate its fleet of vehicles and equipment to determine the best method to transition to a zero- emission fleet. The project will identify the best alternative fuel, appropriate vehicle types and applications, necessary infrastructure, and potential funding options to implement changes. Multi-Funded total of $200k from $148k General Fund (001), $3k Buildings (401), $3k Airport (411), $13k Wastewater (431), $28k Solid Waste (441), $1k Transit (452) and $2k Storm Sewer Maintenance (481). Fleet CP0670 13,400.00 - - 13,400.00 0.00% Annual Sanitary Lift Station Repair: The majority of the sanitary lift stations have been rehabilitated over the last several years, with a few remaining that require minor repairs such as entry hatch replacements or concrete surface coating. After the completion of the final lift station rehab, this project will continue to be utilized for a variety of miscellaneous repairs, as needed. WRF CP0729 100,000.00 - - 100,000.00 0.00% Extend Depth of Fresh Water Well #1: Deepen Well #1 to 400ft, insert a 10- inch line inside the pre-existing 12-inch line, and install a pump to ensure sufficient fresh water is provided to the plant. Currently, only Well #3 can sustain the entire plant. Well #2 production is insufficient at a depth of 192ft deep with standing water at 164ft. Well #1 collapsed in 2008 and was abandoned. If Well #3 were to fail, well water could not sustain the plants needs. After Well #1 is deepened, Well #3 will become backup. WRF CP0730 129,831.25 - 15,741.25 114,090.00 12.12% Headworks Bio-Filter Media Replacement: Change out Media, Wetting System replacement, and Liner repairs in Bio-filter Basins used to scrub air from the Headworks. Current media will have been in use for 8 years. Media is breaking down and sealing off air flow. The liner may need to be repaired/replaced within the Basins and the Wetting System will also need to be replaced. The odor control of the media is waning and it is getting saturated with H2S from headworks. WRF CP0731 60,000.00 - - 60,000.00 0.00% Replace Digester #6 Recirculation Pump: Replace the Recirculation Pump on Digester #6, pump which is over 20 years old. Sludge recirculation pumps run 24 hours per day, 7 days per week. The pumps recirculate the sludge through the heat exchanger to maintain the sludge at 98 degrees F.

Replacement will ensure proper digestion of the digester contents and meet regulatory requirements. WRF CP0732 16,112.25 - 16,112.25 - 100.00% Replace Digester #5 & #7 Recirculation Pumps: New Vaughn Chopper sludge recirculation pumps for Digester #5, #7 to replace pumps over 20 years old. Sludge recirculation pumps run 24 hours per day, 7 days per week. The pumps recirculate the sludge through the heat exchanger to maintain the sludge at 98 degrees F. Replacement will ensure proper digestion of the digester contents and meet regulatory requirements. WRF CP0733 35,587.46 - 35,587.45 0.01 100.00% Giddings Culvert - Giddings Street Culvert Replacement
Engineering CP0773 136,699.59 - - 136,699.59 0.00% Anaerobic Digestion Capacity Expansion (near-term) WRF CP0789 4,200,000.00 - - 4,200,000.00 0.00% Polymer Mixing Skid on GBT WRF CP0790 360,000.00 - - 360,000.00 0.00% PM3000COV:Project Allocation with Actuals and Encumbrances 6 of 9 WWTP - 431
Capital Improvement Program
As Of: 11/3/2025
Project Description
Project
Manager Project # Construction Budget Actual Encumbrance Balance Allocated Corp Yard Storm Water Drainage: Install Storm Drainage System at the Corporation Yard to provide grease & sediment treatment to the existing Corporation Yard storm water drainage system. (Multi-funded: Project total of $90k from $68k Solid Waste (441), $9k WWTP (431), $13k General Fund (001).) Public Works CP8216 26,606.71 - - 26,606.71 0.00% Sanitary Lift Station Rehab: Replaces sanitary lift station piping, valves, pump bases, entry hatches concrete surface rehabilitation and coatings for sanitary and storm lift stations. 12 of 13 stations have been rehabilitated.

The final one, located at Mooney @ Ave. 272, is old and outdated making maintenance difficult. This station will also be fitted with a larger entry hatch, discharge pipes, stainless steel railing, pump and pump saddles bringing this final sanitary lift station up to date with the all the others. After completion of the 13th station, this annual project will begin the cycle again. WRF CP8266 265,189.81 - - 265,189.81 0.00% Annual Influent Pump Rebuild: Complete rebuild of two (2) Influent pumps and motors for upkeep of plant investment. Two to three influent pumps run 24 hours 7 days a week pumping the wastewater that enters the plant to the treatment processes to clean the water. Currently there are six influent pumps, and one to two pump units are rebuilt annually. The cost to replace the influents pumps is double the cost and is followed by long delivery times.

Staff recommends the influent pumps be rebuilt.

WRF CP8369 130,900.00 - - 130,900.00 0.00% Replace (3) Underground and (1) Above ground Vehicle Hoists: Current hoists are over 25 years old, obsolete and undersized for newer heavier equipment. Parts are no longer available and must be manufactured. Multi- Funded total of $250k from $185k General Fund (001), $4k Buildings (401), $4k Airport (411), $17k Wastewater (431), $35k Solid Waste (441), $2k Transit (452) and $3k Storm Sewer Maintenance (481). Fleet CP8377 16,800.00 - - 16,800.00 0.00% Annual Sewer Lateral Connections, Replacements, Installations: Staff administration to provide customer requested hookups to the sanitary sewer, including lateral replacements. Contract costs are reimbursed by the property owner, typically through 10 year payment agreements collected through Property Tax payments. This project allows connections and repairs to private sewer laterals for property owners unable to afford the high cost of sewer lateral improvements.

Engineering CP9228 Y 50,000.01 - - 50,000.01 0.00% Annual Primary Clarifier Overhaul: Replace wear shoes, wear strips, chains, sprockets, and flights in each of the 5 primary tanks. One tank is replaced each year. This equipment must be kept in top running condition in order to remove solids and scum from the treatment system and for upkeep in plant investment. WRF CP9362 25,000.00 - - 25,000.00 0.00% Annual Replace and Relocate Sanitary Sewer Mains: Replace mains shown to be deteriorating throughout the City and relocate sanitary sewer mains as necessary to accommodate development of property formerly used as streets or alleys. Prevents sewer failure which can cause overflows and service disruptions. Includes acquiring consultant services to help develop a formalized Sewer Repair Maintenance Plan. WRF CP9456 1,089,500.01 - 89,499.60 1,000,000.41 8.21% PM3000COV:Project Allocation with Actuals and Encumbrances 7 of 9 WWTP - 431
Capital Improvement Program
As Of: 11/3/2025
Project Description
Project
Manager Project # Construction Budget Actual Encumbrance Balance Allocated Annexed Island Sanitary Sewer Install: Install sanitary sewers in county islands annexed into the City to provide sewer service to new areas. The residents who choose to connect to the sewers pay connection fees that are used to reimburse the construction cost. Remaining area for this project is Areas 6 (Irma & Houston). Project total of $965k from WWTP (431) including $778k prior year funding. Engineering CP9457 Y 763,246.85 - - 763,246.85 0.00% Digester Cleaning & Equipment Repairs: Digester units need to be cleaned of accumulated grit, rags and plastics. Related pumps, valves and digester gas equipment need to be repaired or replaced. The actual cleaning of the digester contents begins in the FY22/23 (#1-4) and concludes in FY23/24 (#5-7), each with a cycle of 7 years. Digester units must be kept in top working condition in order to decompose organic solids to produce digester gas, and ensure the biosolids meet Federal and State requirements. The cost to clean & repair each digester is based on size (#1-4 are smaller compared to #5-7). WRF CP9768 1,116,089.20 - - 1,116,089.20 0.00% Belt Filter Press Unit Rental - 2 year rental
WRF EQ0234 132,807.45 53,900.00 - 78,907.45 40.59% MBR Breaker Spare: Purchase of a plant spare to keep downtime to a minimum and protect plant investment ensuring that the MBR Process runs to remove the organics and solids prior to the UV treatment process to meet permit limits. MBR must be kept in good running condition to meet State Water Board permit requirements and prevent violations. WRF EQ0248 100,000.00 - - 100,000.00 0.00% Aerzen Blower Shelf Spare: There are five aeration blowers, each with an expected life cycle of 40,000 hour run time (about 5 years if running constantly.) Two blowers usually run continuously, with additional units coming online to meet periods of high demand. Blowers are rotated periodically. Obtaining a replacement blower is a lengthy process, so a shelf spare will allow the blower to be replaced and back in service in a timely manner. WRF EQ0249 43,692.96 43,692.96 - - 100.00% Aerzen Blower Motor
WRF EQ0279 43,640.26 43,640.26 - - 100.00% Aerzen Blower Rental - Rental for 2 months while waiting for repairs to current basin blowers and new blowers.

WRF EQ0280 82,530.00 44,442.43 43,827.62 (5,740.05) 106.96% Grinder Replacement WRF EQ0282 - - 46,420.15 (46,420.15) #DIV/0! Replace (3) Portable Pump Trailers: These pump trailers are utilized citywide during severe storm events to prevent sewer overflows and localized flooding. The current pumps no longer meet CA Air Resources Board (CARB) compliance standards and need to be replaced. Multi-funded total of $147k funded from $111k WRF (431) and $36k Storm Sewer (481).

Budget Year / Unit / Age
2024-25 / TP-61 / 17
2024-25 / TP-62 / 17
2024-25 / TP-64 / 17 WRF VH0291 136,170.79 - - 136,170.79 0.00% PM3000COV:Project Allocation with Actuals and Encumbrances 8 of 9 WWTP - 431
Capital Improvement Program
As Of: 11/3/2025
Project Description
Project
Manager Project # Construction Budget Actual Encumbrance Balance Allocated Purchase Golf Cart for new Water Reclamation Facility Custodian position. WRF VH0304 11,000.00 - - 11,000.00 0.00% Total 38,024,238.77 324,871.57 17,635,923.32 20,063,443.88 47.24% PM3000COV:Project Allocation with Actuals and Encumbrances 9 of 9 This document last revised: 11/13/25 7:51:00 AM Page 1 File location and name: https://visaliacity-my.sharepoint.com/personal/ben_litwack_visalia_gov/Documents/SSMP 2025/Apppendices/Appendix G - SSMP Adoption Record.doc

Meeting Date: August 20, 2012

Agenda Item Wording:

Adoption of the Sewer System Maintenance Program for the City of Visalia as required by the Water Quality Control Board.

Deadline for Action:

Submitting Department: Public Works

Department Recommendation:

Staff recommends that Council approve and adopt the Sewer System Management Program (SSMP) for the City of Visalia in compliance with State Water Resources Control Board General Order No. 2006-0003. This General Order contains the regulatory requirements for all sanitary sewer collection systems in the State of California consisting of more than one mile of sewer mains.

The SSMP outlines how the City operates and maintains the collection system. The required elements of the SSMP constitute a best management practices approach to the regulations of collection systems, and consists of the following elements.

1. Introduction

2. Goals

3. Organization

4. Legal Authority

5. Operation and Maintenance Program

6. Design and Performance Provisions

7. Overflow Emergency Response Plan

8. Fats, Oils and Grease (FOG) Control Program

9. System Evaluation and Capacity Assurance Plan

10. Monitoring, Measurement and Program Modifications

11. SSMP Audits

12. Communication Plan

A brief discussion of the required elements is given, below.

City of Visalia
Agenda Item Transmittal
For action by:
_X_ City Council
___ Redev. Agency Bd.
___ VPFA

For placement on
which agenda:
___ Work Session
___ Closed Session

Regular Session:

Consent Calendar
___ Regular Item
_X_ Public Hearing

Est. Time (Min.):_____

Review:

Dept. Head ______
(Initials & date required)

Finance ______
City Atty ______
(Initials & date required
or N/A)

City Mgr ______
(Initials Required)

If report is being re-routed after
revisions leave date of initials if
no significant change has
affected Finance or City Attorney
Review.

Agenda Item Number (Assigned by City Clerk):

Contact Name and Phone Number: Jim Ross, Public Works
Manager, 713-4466
This document last revised: 11/13/25 7:51:00 AM Page 2 File location and name: https://visaliacity-my.sharepoint.com/personal/ben_litwack_visalia_gov/Documents/SSMP 2025/Apppendices/Appendix G - SSMP Adoption Record.doc

Summary
On May 2, 2006 the State Water Resources Control Board (SWRCB) adopted a General Order regulating sanitary sewer collection systems. The purpose of this General Order is to insure that wastewater collection systems are properly operated and maintained. The Order applies to all public agencies in California that own or operate collection systems comprised of more than one mile of pipe or sewer lines. With more than 470 miles of sewer mains, Visalia falls under the Order.

The Order requires the City to prepare a Sewer System Management Plan (SSMP) which outlines how the municipality operates and maintains the collection system. Under the General Order, the SSMP must be approved and adopted by the City Council.

Background:

On May 2, 2006 the State Water Resources Control Board (SWRCB) adopted a General Order regulating sanitary sewer collection systems. The purpose of this General Order is to insure that wastewater collection systems are properly operated and maintained. Sanitary sewer collection systems are the last major component of the wastewater management system to be regulated.

The Order applies to all public agencies in California that own or operate collection systems comprised of more than one mile of pipe or sewer lines. With more than 470 miles of sewer mains, Visalia falls under the Order.

The Order requires the City to prepare a Sewer System Management Plan (SSMP) which outlines how the municipality operates and maintains the collection system. The SSMP must then be approved and adopted by the City Council.

The required elements of the SSMP constitute a best management practices approach to the regulations of collection systems. A brief discussion of the required elements follows.

1. Introduction: provides an overview of the SSMP.

2. Goals: This SSMP has been prepared in order to achieve the following goals:
• Properly manage, operate and maintain all aspects and components of the City’s wastewater collection system.
• Provide the wastewater collection system with adequate capacity to convey peak wastewater flows.
• Minimize the occurrence of Sanitary Sewer Overflows (SSO) to the extent possible. • Mitigate the impacts that are associated with any SSO that may occur. • Meet all regulatory requirements related to the SSMP and SSO reporting system.

3. Organization: This chapter identifies the responsible representative from the City of Visalia for the implementation of this SSMP. It also includes an organizational chart and a chain of communication for reporting SSOs.

4. Legal Authority: This chapter serves to confirm that the City has the authority, through ordinances, service agreements or other legally binding procedures, to • Prevent illicit discharges into its sanitary sewer system, • Require that sewers and connections be properly designed and constructed, This document last revised: 11/13/25 7:51:00 AM Page 3 File location and name: https://visaliacity-my.sharepoint.com/personal/ben_litwack_visalia_gov/Documents/SSMP 2025/Apppendices/Appendix G - SSMP Adoption Record.doc

• Ensure access for maintenance, inspection or repairs of portions of the lateral owned by City, and
• Enforce any violation of its sewer ordinance.

5. Operation and Maintenance Program: This chapter contains a description of the City’s operation and maintenance program, including the following elements. • An up-to-date map of the sanitary sewer system,
• Description of routine preventative operation and maintenance activities, including a system for scheduling, performing and documenting activities. • A plan to identify and prioritize system deficiencies and corrective actions taken to correct those deficiencies.
• A program to provide appropriate training, and
• A description of the equipment and replacement part inventory program.

6. Design and Performance Provisions: This chapter presents a summary of the City’s design and construction standards, as well as its standards for the inspection and testing of sewers, pumps and other system components.

7. Overflow Emergency Response Plan (OERP): This chapter contains a description of the City’s OERP that serves to provide measures to protect the public health and the environment in the event of an overflow. The OERP includes the following:
• Proper notification procedures,
• Guidelines to ensure an appropriate response to overflows, • Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained, • Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities, and
• A program to ensure that all reasonable steps are taken to contain and prevent discharge of untreated or partially treated wastewater,

8. Fats, Oils and Grease (FOG) Control Program: This chapter discusses the need for a Fat, Oil and grease (FOG) control program to limit the amount of FOG that enters the collection system. A FOG control program must include the following:

• The legal authority to prohibit FOG discharges into the system, • The legal authority to inspect grease producing facilities, • The development and implementation of source control measures for FOG, and • A public education outreach program that promotes the proper disposal of FOG.

9. System Evaluation and Capacity Assurance Plan: This chapter provides an evaluation of the City if Visalia (City’s) sanitary sewer system facilities, identifies and proposes improvements for deficiencies, identifies design criteria and provides a Capital Improvement Program (CIP) and schedule for improvements.

10. Monitoring, Measurement and Program Modifications: This chapter presents a summary of the steps to be taken to evaluate the effectiveness of the SSMP and to update it should improvements be necessary or desirable. The City shall:
• Maintain relevant information to establish and prioritize appropriate SSMP activities, • Monitor the implementation and effectiveness of each element of the SSMP, and • Update program elements based on monitoring or performance evaluations.

This document last revised: 11/13/25 7:51:00 AM Page 4 File location and name: https://visaliacity-my.sharepoint.com/personal/ben_litwack_visalia_gov/Documents/SSMP 2025/Apppendices/Appendix G - SSMP Adoption Record.doc

11. SSMP Audits: This chapter presents a summary of the procedures to be used by the City to perform internal audits of the City’s SSMP. These biennial reviews will focus on the effectiveness of the SSMP and the City’s compliance with the program’s requirements. Also described are the procedures to be taken should any deficiencies be identified.

12. Communication Plan: This chapter presents a summary of the steps to be taken by the City to communicate with the public regarding the SSMP elements. The SSMP must be presented to the City Council for approval at a public meeting and must be certified to be in compliance with program requirements in the General Order. The SSMP must be updated every five years or when significant updates to the SSMP are made.

In compliance with the General Order, staff recommends that Council adopt the SSMP for the City of Visalia.

Prior Council/Board Actions: none

Committee/Commission Review and Actions: none

Alternatives:

Attachments: City of Visalia Sewer System Management Plan

Environmental Assessment Status

CEQA Review:

NEPA Review:

Recommended Motion (and Alternative Motions if expected):

Move to approve and adopt the Sewer System Management Program for the City of Visalia in compliance with State Water Resources Control Board General Order No. 2006-0003.

This document last revised: 11/13/25 7:51:00 AM Page 5 File location and name: https://visaliacity-my.sharepoint.com/personal/ben_litwack_visalia_gov/Documents/SSMP 2025/Apppendices/Appendix G - SSMP Adoption Record.doc

Copies of this report have been provided to:

Tracking Information: (Staff must list/include appropriate review, assessment, appointment and contract dates and other information that needs to be followed up on at a future date) Nick Bartsch
Public Works Director
3106
Nick Bartsch
Public Works Director
3106
94/104
132/143
Sirena Sahagun
Sr. Administrative Assistant
3106
Sirena Sahagun
Sr. Administrative Assistant
3106
Jason Serpa
Public Works Manager
4418
Jason Serpa
Public Works Manager
4418
Solid Waste Operator (4443)
Andrew Cerda
Chris Hulsey
Chris Prine
Danny Anderson
Greg Brisco
Jeffrey Wooster
Jesse Balderrama
Jorge Castro Portillo
Joshua Cain
Julian Del Angel
Luis Bernal
Michael McCarthy
Stan Padilla
Steven Torres
Tommy Waltjen
Thomas Lopez
Travis Stewart
Solid Waste Operator (4443)
Andrew Cerda
Chris Hulsey
Chris Prine
Danny Anderson
Greg Brisco
Jeffrey Wooster
Jesse Balderrama
Jorge Castro Portillo
Joshua Cain
Julian Del Angel
Luis Bernal
Michael McCarthy
Stan Padilla
Steven Torres
Tommy Waltjen
Thomas Lopez
Travis Stewart
Solid Waste Operator (4445)
Carlos Martinez
David Kersey
Erik Barajas-Moreno
Garian Martin
Hedilberto Gomez
Jason Castro
Javier Flores Vera
Jeffrey Vandertuig
Jesus Suastes
Jorge Maciel Ramirez
Lazaro Torres
Mariano Calderon
Mark Bradley
Michael May
Ron Poggione
Victor Avila
Thomas Reynoso
Solid Waste Operator (4445)
Carlos Martinez
David Kersey
Erik Barajas-Moreno
Garian Martin
Hedilberto Gomez
Jason Castro
Javier Flores Vera
Jeffrey Vandertuig
Jesus Suastes
Jorge Maciel Ramirez
Lazaro Torres
Mariano Calderon
Mark Bradley
Michael May
Ron Poggione
Victor Avila
Thomas Reynoso
Victor Guzman
Solid Waste Supervisor
4443
Victor Guzman
Solid Waste Supervisor
4443
Edward Zuniga
Solid Waste Supervisor
4445
Edward Zuniga
Solid Waste Supervisor
4445
Solid Waste Delivery & Maint
Worker (4442)
Rafael Guzman
Juan Morales
Overfill (4442)
Phillip Mahan
Solid Waste Delivery & Maint
Worker (4442)
Rafael Guzman
Juan Morales
Overfill (4442)
Phillip Mahan
Lead Solid Waste Operator
(4443)
Esaul Perez
Lead Solid Waste Operator
(4443)
Esaul Perez
Lead Solid Waste Operator
(4445)
Grego Flores
Luis Navarro
Lead Solid Waste Operator
(4445)
Grego Flores
Luis Navarro
Hourly (4442)
Francisco Ybarra
Joe Diaz
David Smith
VACANT
VACANT – ECO

VACANT - ECO
VACANT (4445) - ECO
VACANT (4445) - ECO
Hourly (4442)
Francisco Ybarra
Joe Diaz
David Smith
VACANT
VACANT – ECO

VACANT - ECO
VACANT (4445) - ECO
VACANT (4445) - ECO
Solid Waste - CommSolid Waste – Res
Kevin Wood
Solid Waste Supervisor
4443
Kevin Wood
Solid Waste Supervisor
4443
Solid Waste Operator (4443)
Dennis Thatcher
Edgar Gutierrez
Edgar Uribe
Fernando Carranza
Griselda Haro
Hector Madera
John Sanchez
Joshua Bennetts
Juan Tadeo
Eddie Moreno
Richard Martinez
Sean Van Kampen
Shannon Crisp
Solid Waste Operator (4443)
Dennis Thatcher
Edgar Gutierrez
Edgar Uribe
Fernando Carranza
Griselda Haro
Hector Madera
John Sanchez
Joshua Bennetts
Juan Tadeo
Eddie Moreno
Richard Martinez
Sean Van Kampen
Shannon Crisp
20/24.5 23/23 23/23
Public Works Department
City of Visalia
JULY 2025
Public Works Department
City of Visalia
JULY 2025

Page 1 of 2 ends

Lead Solid Waste Operator
(4443)
Andre Medina
Lead Solid Waste Operator
(4443)
Andre Medina
Hourly (1041)
VACANT
Chris Ogletree
David Arredondo
David Diaz
Gustavo Gomez
Jason Adair
Jesus Garcia-Gomez
VACANT
Hourly (1041)
VACANT
Chris Ogletree
David Arredondo
David Diaz
Gustavo Gomez
Jason Adair
Jesus Garcia-Gomez
VACANT

4.5/5
4334 WWTP Mechanical Maint
4335 WW Sanitary Sewer
4336 Bio Solids
4344 WWTP Farm
4410 Solid Waste zero div
4418 SW Administration
4421 PW Constr/Demo & Waste Red
4442 Solid Waste Maintenance
4443 Solid Waste Residential
4444 Solid Waste Comm Roll Off
4445 Solid Waste Comm Front Load
4880 Storm Sewer Maint zero div
4881 Storm Sewer Maintenance
5010 Fleet Maintenance zero div
5012 Fleet Maintenance
5013 Fleet Parts
5014 Fleet Fuel
FTE = Full Time Employees
E = Employees
1041 NRCD/HHW
3106 PW Management
3108 PW Administration
3109 Streets & Traffic Maintenance
3124 Street Maintenance
3126 Traffic Maintenance
4330 WWTP zero div
4331 WWTP Management
4332 WWTP Operations
4333 WW Quality Assurance
Lead Solid Waste Operator
(4442)
Blas Garcia
Lead Solid Waste Operator
(4442)
Blas Garcia
Solid Waste Roll Off (4444)
Alejandro Arzola-Soto
David Boling
Fernando Modesto
Jose Garcia
Solid Waste Roll Off (4444)
Alejandro Arzola-Soto
David Boling
Fernando Modesto
Jose Garcia
Errica Salinas
Sr. Administrative Analyst
3108
Errica Salinas
Sr. Administrative Analyst
3108
Nathan Garza
Conservation Tech
1041
Nathan Garza
Conservation Tech
1041

71.5/76.5
Solid Waste – Maint
HHW/SPR / Waste
Assessments
Jon Pierce
Streets Maint. & Trfc Cntrl
Supervisor
3124
Jon Pierce
Streets Maint. & Trfc Cntrl
Supervisor
3124
Danny Galindo
Public Works Manager
3109
Danny Galindo
Public Works Manager
3109
5/5.5

26.5/27.5
Traffic Safety Worker (3126)
Michael Ficken
VACANT (Hourly)
Traffic Safety Worker (3126)
Michael Ficken
VACANT (Hourly)
Traffic Signal Tech.
(3126)
Juan Ramirez
Luis Cedano
Traffic Signal Tech.
(3126)
Juan Ramirez
Luis Cedano
Heavy Eq Operator (3124)
Eddie Espirito
Ramon Alvarez
Arturo Enriquez
Heavy Eq Operator (3124)
Eddie Espirito
Ramon Alvarez
Arturo Enriquez
Lead Street Maint. Worker
(3124)
Russell Walker
Lead Street Maint. Worker
(3124)
Russell Walker
Street Maint. Worker (3124)
Jason Villalva
Rolando Ojeda
Joseph Gonzalez
Street Maint. Worker (3124)
Jason Villalva
Rolando Ojeda
Joseph Gonzalez
8/8
Steve Ellis
Fleet Maintenance Supervisor
5012
Steve Ellis
Fleet Maintenance Supervisor
5012
Lead Mechanic (5012)
James Andrew
Lead Mechanic (5012)
James Andrew
Sr. Equipment Mechanic (5012)
Enrique Villarreal
Guillermo Guerra
Jeff Carson
Nathan Uhlenhopp
Robert Brooks
Ryan Spohn
Tim Helgeson
Sr. Equipment Mechanic (5012)
Enrique Villarreal
Guillermo Guerra
Jeff Carson
Nathan Uhlenhopp
Robert Brooks
Ryan Spohn
Tim Helgeson
Equipment Mechanic Trainee
(5013)
Ryan Gonzalez
Equipment Mechanic Trainee
(5013)
Ryan Gonzalez
13/13
Fleet Streets Traffic
Tony Pires
Traffic Operations Supervisor
3126
Tony Pires
Traffic Operations Supervisor
3126
Underground Service Alert
Technician (3126)
Cody Looper
Underground Service Alert
Technician (3126)
Cody Looper
Equipment Mechanic (5012)
Landan Neal
Rafael Murillo
Nicholas Fernandes
Equipment Mechanic (5012)
Landan Neal
Rafael Murillo
Nicholas Fernandes
Sr. Office Assistant
(1045)
Ana Boswell
VACANT
Public Works Manager
1045
VACANT
Public Works Manager
1045
Waster Conservation
Inspectors (1045)
Doug Asher
Edward Delgado
Craig Hardy
Robert Mueller
Waster Conservation
Inspectors (1045)
Doug Asher
Edward Delgado
Craig Hardy
Robert Mueller
Water Conservation
Maintenance Safety

APPENDIX H
10/11
Nick Bartsch
Public Works Director
3106
Nick Bartsch
Public Works Director
3106
Public Works Department
City of Visalia
JULY 2025
Public Works Department
City of Visalia
JULY 2025
131/144

Page 2 of 2 ends

Sirena Sahagun
Sr. Administrative Assistant
3106
Sirena Sahagun
Sr. Administrative Assistant
3106
VACANT
Waste Water Treatment Plant
Superintendent
4331
VACANT
Waste Water Treatment Plant
Superintendent
4331
Michelle Correa
Sr. Office Assistant
3108 / 4331
Michelle Correa
Sr. Office Assistant
3108 / 4331
Sr. Waste Water Maint. Worker
Cruz Ruiz (4881)
Juan Arreola (4335)
Sr. Waste Water Maint. Worker
Cruz Ruiz (4881)
Juan Arreola (4335)
Lead Waste Water Maint. Tech
(4335)
Armand Gonzales
Michael Demmers
Lead Waste Water Maint. Tech
(4335)
Armand Gonzales
Michael Demmers
Ricardo Paredez
Waste Water Collection Superintendent
4335
Ricardo Paredez
Waste Water Collection Superintendent
4335
Waste Water Maint. Worker
Francisco Serna (4335)
Jeff Riley (4335)
Ismael Meza (4881)
VACANT (4881)
Waste Water Maint. Worker
Francisco Serna (4335)
Jeff Riley (4335)
Ismael Meza (4881)
VACANT (4881)
Heavy Equip. Operator (4881)
James Southern Jr.

Heavy Equip. Operator (4881)
James Southern Jr.

Maint. Service Worker (4881)
Hector Rodrigues
Michael Weatherly
Maint. Service Worker (4881)
Hector Rodrigues
Michael Weatherly
Eric Oates
Waste Water Treatment Plant
Maintenance Supervisor 4334
Eric Oates
Waste Water Treatment Plant
Maintenance Supervisor 4334

Industrial Waste Wtr. Inspt. 4333
Agustin Morales
Faptima Velasco
Samuel Aceves

Industrial Waste Wtr. Inspt. 4333
Agustin Morales
Faptima Velasco
Samuel Aceves
WW Trt Plant Operator III
(4332)
Aaron Boyd
Charles Green
George Sanchez
Marco Ramirez
Scott Bauer
Travis Brassfield
WW Trt Plant Operator III
(4332)
Aaron Boyd
Charles Green
George Sanchez
Marco Ramirez
Scott Bauer
Travis Brassfield
Lead WW Maint. Tech
4334
Jim Hestily
Lead WW Maint. Tech
4334
Jim Hestily
Maintenance Mechanic (4334)
Cesar Flores
Cory Van Noort
Manuel Alvarez
Scott McKay
Victor Gomez
Victor Villegas
Maintenance Mechanic (4334)
Cesar Flores
Cory Van Noort
Manuel Alvarez
Scott McKay
Victor Gomez
Victor Villegas
Maintenance Mechanic Asst.
4336
Saul Guzman
Maintenance Mechanic Asst.
4336
Saul Guzman
9/9
11/12
36/38
Rehana Cale
Public Works Project Manager
4331
Rehana Cale
Public Works Project Manager
4331
Waste &
Storm Water
Collection
Ben Litwack
Public Works Manager
4331
Ben Litwack
Public Works Manager
4331
Sr. WW Trt Plant Operator
(4332)
Jerry Gutierrez
Manuel Martinez
Sr. WW Trt Plant Operator
(4332)
Jerry Gutierrez
Manuel Martinez
Lead WW Trt Plant Operator
4332
Joe Hernandez
Lead WW Trt Plant Operator
4332
Joe Hernandez
Water
Reclamation
Facility
4334 WWTP Mechanical Maint
4335 WW Sanitary Sewer
4336 Bio Solids
4344 WWTP Farm
4410 Solid Waste zero div
4418 SW Administration
4421 PW Constr/Demo & Waste Red
4442 Solid Waste Maintenance
4443 Solid Waste Residential
4444 Solid Waste Comm Roll Off
4445 Solid Waste Comm Front Load
4880 Storm Sewer Maint zero div
4881 Storm Sewer Maintenance
5010 Fleet Maintenance zero div
5012 Fleet Maintenance
5013 Fleet Parts
5014 Fleet Fuel
FTE = Full Time Employees
E = Employees
1041 NRCD/HHW
3106 PW Management
3108 PW Administration
3109 Streets & Traffic Maintenance
3124 Street Maintenance
3126 Traffic Maintenance
4330 WWTP zero div
4331 WWTP Management
4332 WWTP Operations
4333 WW Quality Assurance
4/4
Jennifer Flores
Pretreatment Prog. Coord.
4333
Jennifer Flores
Pretreatment Prog. Coord.
4333
Maintenance Service Worker
4334
Alyssa Ojeda
Maintenance Service Worker
4334
Alyssa Ojeda

APPENDIX H

CITY OF VISALIA

ENGINEERING STANDARD SPECIFICATIONS

COMMUNITY DEVELOPMENT DEPARTMENT
E

NGINEERING DIVISION

AUGUST 5, 2013

PREPARED BY:

ITY OF VISALIA

ENGINEERING DIVISION
315 E. ACEQUIA AVE.

VISALIA, CA 93291

APPENDIX I

Engineering Standard Specifications August 5, 2013 i

TABLE OF CONTENTS Page No.

STANDARD SPECIFICATIONS ............................................................................................................. 1 SECTION 1 GENERAL, DEFINITIONS, ABBREVIATIONS AND TERMS .............................. 1 1-1 General ..................................................................................................................................... 1 1-2 Abbreviations ........................................................................................................................... 2 1-3 Definitions and Terms .............................................................................................................. 3 1-4 References .............................................................................................................................. 11 SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS ............................................. 12 2-1 General ................................................................................................................................... 12 2-2 Examination of Site of Work, Plans, Specifications and Contract Documents ..................... 12 2-3 Form of Proposal .................................................................................................................... 13 2-4 Conflict of Interest ................................................................................................................. 13 2-5 Quantities ............................................................................................................................... 13 2-6 Unit or Lump Sum Prices ....................................................................................................... 13 2-7 Proposal Guaranty .................................................................................................................. 13 2-8 Designation of Subcontractors ............................................................................................... 14 2-9 Rejection of Non-Responsible Subcontractors ...................................................................... 14 2-10 Opening of Proposals ............................................................................................................. 15 2-11 Relief of Bidders .................................................................................................................... 15 2-12 Rejection of Proposals ........................................................................................................... 15 2-13 Ineligibility to Contract .......................................................................................................... 15 2-14 Contractor Qualification Requirements ................................................................................. 16 SECTION 3 AWARD AND EXECUTION OF CONTRACT ........................................................ 17 3-1 Award of Contract .................................................................................................................. 17 3-2 Execution of Contract ............................................................................................................ 17 3-3 Required Contract Securities, Insurance Certificate, Business Tax Certificate, Injury And Illness Prevention Plan ........................................................................................................... 17 3-4 Return of Proposal Guarantees............................................................................................... 18 3-5 Material Statement, Samples, and Guarantees ....................................................................... 18 SECTION 4 SCOPE OF WORK ....................................................................................................... 19 4-1 Intent of Plans and Specifications .......................................................................................... 19 4-2 Coordination, Interpretation, and Precedence of Plans and Specifications ............................ 20 4-3 Interpretations ........................................................................................................................ 20 4-4 Working Drawings ................................................................................................................. 21 4-5 Conformity with Plans and Allowable Deviations ................................................................. 21 4-6 Existing Facilities and Structures Shown on Plans ................................................................ 21 4-7 Omissions in Plans and Specifications ................................................................................... 21 4-8 Incorporation of Referenced Specifications ........................................................................... 22 4-9 Work To Be Done .................................................................................................................. 22 4-10 Changes .................................................................................................................................. 22 4-11 Extra Work ............................................................................................................................. 23 4-12 Notices, Change Orders, and Claims ..................................................................................... 24 4-13 Interim Cleanup and Liability for Failure to Provide ............................................................. 29 4-14 Detours ................................................................................................................................... 30 4-15 As-Built Plans ........................................................................................................................ 30 Engineering Standard Specifications August 5, 2013 ii

SECTION 5 CONTROL OF WORK ................................................................................................ 32 5-1 Authority of the Engineer....................................................................................................... 32 5-2 Standards ................................................................................................................................ 32 5-3 Contractor’s Responsibility for the Work .............................................................................. 32 5-4 Contractor’s Equipment ......................................................................................................... 32 5-5 Suitable Methods .................................................................................................................... 32 5-6 Order of Work ........................................................................................................................ 33 5-7 Superintendence and Personnel.............................................................................................. 33 5-8 Emergency Availability ......................................................................................................... 33 5-9 Preservation of Property ......................................................................................................... 33 5-10 Protection of the Work ........................................................................................................... 34 5-11 Rights of Way ........................................................................................................................ 34 5-12 Disposal of Material Outside the Right of Way ..................................................................... 34 5-13 Electric And Water Service .................................................................................................... 35 5-14 Construction Surveying/Staking ............................................................................................ 35 5-15 Cooperation ............................................................................................................................ 36 5-16 Maintaining Drainage ............................................................................................................ 36 5-17 Inspection During Construction; Meetings ............................................................................ 37 5-18 Differing Site Conditions ....................................................................................................... 38 5-19 Removal of Defective or Unauthorized Work ....................................................................... 38 5-20 Surface Restoration ................................................................................................................ 39 5-21 Final Cleanup ......................................................................................................................... 39 5-22 Final Inspection ...................................................................................................................... 39 5-23 Guarantee of Workmanship ................................................................................................... 40 5-24 Cost Reduction Incentive ....................................................................................................... 40 5-25 Character of Workers ............................................................................................................. 42 SECTION 6 CONTROL OF MATERIALS ..................................................................................... 43 6-1 Source of Supply and Quality of Materials ............................................................................ 43 6-2 Storage and Protection of Materials ....................................................................................... 43 6-3 Defective Material .................................................................................................................. 44 6-4 Trade Names or Equal ............................................................................................................ 44 6-5 Certificates of Compliance ..................................................................................................... 44 6-6 Foreign Materials ................................................................................................................... 45 6-7 Local Materials ...................................................................................................................... 45 6-8 Samples and Tests .................................................................................................................. 46 6-9 Compaction Tests ................................................................................................................... 47 6-10 Guarantee of Materials ........................................................................................................... 48 6-11 Salvage of Materials ............................................................................................................... 48 6-12 Materials Hauling ................................................................................................................... 49 6-13 Material Submittal Package ................................................................................................... 49 SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY ...................................................... 50 7-1 Laws to be Observed .............................................................................................................. 50 7-2 Labor Code Requirements...................................................................................................... 50 7-3 Contractor’s Licensing Laws ................................................................................................. 55 7-4 Contractor’s Insurance Requirements and Hold Harmless .................................................... 55 7-5 Vehicle Code .......................................................................................................................... 57 7-6 Air Pollution Control ............................................................................................................. 57 7-7 Water Pollution Prevention .................................................................................................... 57 7-8 Use of Pesticides .................................................................................................................... 59 Engineering Standard Specifications August 5, 2013 iii

7-9 Payment of Taxes ................................................................................................................... 59 7-10 Permits and Licenses .............................................................................................................. 60 7-11 Sanitary Regulations .............................................................................................................. 60 7-12 Safety Provisions; First Aid; Injury/ Illness Prevention Program .......................................... 61 7-13 Worker Protection from Toxic or Explosive Gases; Confined Spaces Entry ........................ 61 7-14 Trenches and Excavations; Hazardous Waste ........................................................................ 62 7-15 Worker Protection from Caving Ground in Excavations ....................................................... 63 7-16 Injury or Damage to Persons or Property ............................................................................... 63 7-17 Public Convenience ................................................................................................................ 64 7-18 Public Safety .......................................................................................................................... 65 7-19 Patents .................................................................................................................................... 67 7-20 Property Rights of Materials .................................................................................................. 67 7-21 Amendments to Contracts ...................................................................................................... 67 7-22 Verbal Statements not Binding .............................................................................................. 68 7-23 Guarantee ............................................................................................................................... 68 7-24 Firearms Prohibited ................................................................................................................ 68 7-25 Sound Control Requirements ................................................................................................. 68 SECTION 8 PROGRESS AND PROSECUTION ........................................................................... 69 8-1 Sequence and Progress of the Work ....................................................................................... 69 8-2 Assignment of Contract ......................................................................................................... 69 8-3 Subcontracting ....................................................................................................................... 69 8-4 Preconstruction Conference ................................................................................................... 70 8-5 Construction Schedule ........................................................................................................... 70 8-6 Beginning of Work ................................................................................................................. 71 8-7 Notice to Residents ................................................................................................................ 72 8-8 Time of Completion ............................................................................................................... 72 8-9 Liquidated Damages .............................................................................................................. 73 8-10 Right of Way Delays .............................................................................................................. 74 8-11 Temporary Suspension of Work ............................................................................................ 75 8-12 Use of Completed Portions; City’s Right to Complete .......................................................... 76 8-13 Termination of Contract ......................................................................................................... 76 8-14 Acceptance of Contract .......................................................................................................... 77 8-15 Utility and Non-Street Facilities; Potholing ........................................................................... 78 SECTION 9 MEASUREMENT AND PAYMENT .......................................................................... 81 9-1 Measurement of Quantities .................................................................................................... 81 9-2 Cost Breakdown ..................................................................................................................... 81 9-3 Final Pay Items ....................................................................................................................... 82 9-4 Scope of Payment ................................................................................................................... 82 9-5 Payment for Extra Work ........................................................................................................ 83 9-6 Partial (“Progress”) Payments And Retentions ...... ................................................................ 84 9-7 Required Releases .................................................................................................................. 85 9-8 Prompt Progress Payments Due to Subcontractors. ............................................................... 87 9-9 Stop Notices; City’s Right to Withhold Payments ................................................................. 87 9-10 Payment of Withheld Funds (Substitutions for retention) ..................................................... 89 9-11 Notice of Potential Claim ....................................................................................................... 89 9-12 Final Progress Payment .......................................................................................................... 90 9-13 Final Payment to Release Owner ........................................................................................... 90 9-14 Payment of Retention ............................................................................................................. 90 SECTION 10 DUST CONTROL ......................................................................................................... 91 Engineering Standard Specifications August 5, 2013 iv

10-1 Dust Control ........................................................................................................................... 91 10-2 Payment .................................................................................................................................. 92 SECTION 11 MOBILIZATION & DEMOBILIZATION ................................................................ 93 11-1 Description ............................................................................................................................. 93 11-2 Payment .................................................................................................................................. 93 SECTION 12 TRAFFIC CONTROL; CONSTRUCTION AREA TRAFFIC CONTROL DEVICES ...................................................................................................................................... 94 12-1 General ................................................................................................................................... 94 12-2 Traffic Control ....................................................................................................................... 94 12-3 Construction Area Traffic Control Devices ......................................................................... 100 12-4 Measurement and Payment .................................................................................................. 100 SECTION 13 (RESERVED) .............................................................................................................. 102 SECTION 14 (RESERVED) .............................................................................................................. 102 SECTION 15 REMOVING EXISTING FACILITIES ................................................................... 103 15-1 General ................................................................................................................................. 103 15-2 Miscellaneous Facilities ....................................................................................................... 103 15-3 Removing Concrete .............................................................................................................. 111 15-4 Bridge, Concrete Culvert Removal ...................................................................................... 112 SECTION 16 CLEARING AND GRUBBING ................................................................................. 115 16-1 Description ........................................................................................................................... 115 16-2 Preservation of Property ....................................................................................................... 115 16-3 Construction ......................................................................................................................... 115 16-4 Removal and Disposal of Materials ..................................................................................... 117 16-5 Measurement ........................................................................................................................ 117 16-6 Payment ................................................................................................................................ 117 SECTION 17 WATER USE ............................................................................................................... 118 17-1 Description ........................................................................................................................... 118 17-2 Application ........................................................................................................................... 118 17-3 Chemical Additives (Not Used) ........................................................................................... 118 17-4 Payment ................................................................................................................................ 118 SECTION 18 DUST PALLIATIVE .................................................................................................. 119 18-1 General ................................................................................................................................. 119 18-2 Payment ................................................................................................................................ 119 SECTION 19 EARTHWORK ........................................................................................................... 120 19-1 General ................................................................................................................................. 120 19-2 Roadway Excavation ............................................................................................................ 122 19-3 Trench and Structure Excavation, Backfill, and Surface Restoration .................................. 127 19-4 Embankment Construction ................................................................................................... 137 SECTION 20 LANDSCAPE CONSTRUCTION SYSTEMS ......................................................... 141 20-1 General ................................................................................................................................. 141 20-2 Measurement ........................................................................................................................ 141 20-3 Payment ................................................................................................................................ 141 SECTION 21 (RESERVED) .............................................................................................................. 141 Engineering Standard Specifications August 5, 2013 v

SECTION 22 FINISHING ROADWAY ........................................................................................... 142 22-1 General ................................................................................................................................. 142 22-2 Materials............................................................................................................................... 142 22-3 Construction ......................................................................................................................... 142 22-4 Payment ................................................................................................................................ 142 SECTION 23 (RESERVED) .............................................................................................................. 143 SECTION 24 (RESERVED) .............................................................................................................. 143 SECTION 25 AGGREGATE SUBBASES ....................................................................................... 144 25-1 General ................................................................................................................................. 144 25-2 Materials............................................................................................................................... 144 25-3 Construction ......................................................................................................................... 145 25-4 Measurement & Payment ..................................................................................................... 146 SECTION 26 AGGREGATE BASES ............................................................................................... 147 26-1 General ................................................................................................................................. 147 26-2 Materials............................................................................................................................... 147 26-3 Construction ......................................................................................................................... 148 26-4 Measurement & Payment ..................................................................................................... 149 SECTION 27 BITUMINOUS SEALS ............................................................................................... 151 27-1 General ................................................................................................................................. 151 27-2 Payment ................................................................................................................................ 151 SECTION 28 HOT MIX ASPHALT ................................................................................................. 152 28-1 General ................................................................................................................................. 152 28-2 Materials............................................................................................................................... 152 28-3 Hot Mix Asphalt Design Requirements ............................................................................... 155 28-4 Contractor Quality Control & City Quality Assurance ........................................................ 155 28-5 Production ............................................................................................................................ 157 28-6 Subgrade, Tack Coat, and Geosynthetic Pavement Layer ................................................... 157 28-7 Spreading and Compacting Equipment ................................................................................ 158 28-8 Transporting, Spreading, and Compacting ........................................................................... 159 28-9 Smoothness .......................................................................................................................... 164 28-10 Additional Testing and Requirements .................................................................................. 165 28-11 Measurement and Payment .................................................................................................. 165 SECTION 29 STORM DRAINAGE AND SANITARY SEWER FACILITIES .......................... 166 29-1 General ................................................................................................................................. 166 29-2 Submittals............................................................................................................................. 167 29-3 Materials............................................................................................................................... 168 29-4 Trenching and Excavation.................................................................................................... 173 29-5 Sewer and Storm Drain Pipeline Installation ....................................................................... 173 29-6 Sewer Service Lateral Installation ....................................................................................... 174 29-7 Manhole Construction .......................................................................................................... 175 29-8 Drainage Inlets ..................................................................................................................... 177 29-9 Backfill, Compaction, and Surface Restoration ................................................................... 177 29-10 Existing Utilities .................................................................................................................. 177 29-11 Pipeline and Structure Acceptance Tests (Sanitary and Storm) ........................................... 177 29-12 Alignment Changes (Separation Criteria) ............................................................................ 180 29-13 Measurement ........................................................................................................................ 180 Engineering Standard Specifications August 5, 2013 vi

29-14 Payment ................................................................................................................................ 180 SECTION 30 (RESERVED) .............................................................................................................. 182 SECTION 31 (RESERVED) .............................................................................................................. 182 SECTION 32 (RESERVED) .............................................................................................................. 182 SECTION 33 SANITARY SEWER FORCE MAINS (RESERVED) ............................................ 183 SECTION 34 BORING AND JACKING PIPE ............................................................................... 184 34-1 General ................................................................................................................................. 184 34-2 Materials............................................................................................................................... 184 34-3 Tunnel Safety Orders ........................................................................................................... 186 34-4 Excavating Jacking and Receiving Pits ................................................................................ 186 34-5 Boring and Jacking ............................................................................................................... 186 34-6 Grade Tolerance ................................................................................................................... 188 34-7 Frac-Out Contingency Plan .................................................................................................. 188 34-8 Backfill, Compaction, Restoration of Surfaces .................................................................... 189 34-9 Measurement ........................................................................................................................ 189 34-10 Payment ................................................................................................................................ 189 SECTION 35 (RESERVED) .............................................................................................................. 191 SECTION 36 (RESERVED) .............................................................................................................. 191 SECTION 37 MISCELLANEOUS IMPROVEMENTS ................................................................. 192 37-1 General ................................................................................................................................. 192 37-2 Survey Monuments .............................................................................................................. 192 37-3 Adjusting Existing Facilities to Finish Grade ...................................................................... 192 37-4 Relocation of Walls, Fences, and Mailboxes ....................................................................... 193 37-5 Measurement and Payment .................................................................................................. 193 SECTION 38 CONCRETE CURBS, SIDEWALKS, SURFACE IMPROVEMENTS ................ 194 38-1 General ................................................................................................................................. 194 38-2 Portland Cement Concrete ................................................................................................... 194 38-3 Reinforcement ...................................................................................................................... 194 38-4 Subgrade Preparation ........................................................................................................... 194 38-5 Construction ......................................................................................................................... 194 38-6 Finish .................................................................................................................................... 196 38-7 Tolerances ............................................................................................................................ 196 38-8 Curing .................................................................................................................................. 197 38-9 Backfilling ............................................................................................................................ 197 38-10 Measurement ........................................................................................................................ 197 38-11 Payment ................................................................................................................................ 197 SECTION 39 PERVIOUS CONCRETE PAVEMENT ................................................................... 198 39-1 General ................................................................................................................................. 198 39-2 Quality Assurance: ............................................................................................................... 198 39-3 Materials............................................................................................................................... 199 39-4 Execution ............................................................................................................................. 200 39-5 Quality Control: ................................................................................................................... 203 39-6 Measurement and Payment .................................................................................................. 204 SECTION 40 (RESERVED) .............................................................................................................. 205 Engineering Standard Specifications August 5, 2013 vii

SECTION 41 CHAIN LINK FENCE, GATES & TIMBER BARRICADES ............................... 206 41-1 General ................................................................................................................................. 206 41-2 Materials............................................................................................................................... 206 41-3 Clearing and Grubbing ......................................................................................................... 208 41-4 Excavation and Preparation Of Subgrade ............................................................................ 208 41-5 Construction ......................................................................................................................... 208 41-6 Measurement ........................................................................................................................ 209 41-7 Payment ................................................................................................................................ 210 SECTION 42 CONCRETE MASONRY WALL/FENCE (RESERVED) ..................................... 211 SECTION 43 FIBER OPTIC FACILITIES (RESERVED) ........................................................... 211 SECTION 44 (RESERVED) .............................................................................................................. 211 SECTION 45 SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS ..................................... 212 45-1 Description ........................................................................................................................... 212 45-2 Equipment List and Drawings .............................................................................................. 212 45-3 Certificate of Compliance .................................................................................................... 212 45-4 Foundations .......................................................................................................................... 212 45-5 Miscellaneous Concrete Construction and Removal ........................................................... 213 45-6 Standards, Steel Pedestals, and Posts ................................................................................... 213 45-7 Conduit ................................................................................................................................. 214 45-8 Pull Boxes ............................................................................................................................ 215 45-9 Conductors And Wiring ....................................................................................................... 215 45-10 Signal Cable ......................................................................................................................... 215 45-11 Service .................................................................................................................................. 215 45-12 Functional Testing ................................................................................................................ 216 45-13 Painting ................................................................................................................................ 216 45-14 Model 170E Controller Assemblies ..................................................................................... 216 45-15 Modulated Light Signal Detection System .......................................................................... 217 45-16 Vehicle Signal Faces and Signal Heads ............................................................................... 218 45-17 Light Emitting Diode Green and Yellow Module ................................................................ 218 45-18 Pedestrian Signals ................................................................................................................ 223 45-19 Detectors .............................................................................................................................. 224 45-20 Pedestrian Push Buttons ....................................................................................................... 224 45-21 Safety and Street Lighting .................................................................................................... 225 45-22 Removing, Reinstalling, or Salvaging Electrical Equipment ............................................... 225 45-23 Traffic Signal Street Name Signs ......................................................................................... 225 45-24 Traffic Signal Battery Back-Up System .............................................................................. 227 45-25 Traffic Signal Interconnect Conduit ..................................................................................... 233 45-26 Median Lighting ................................................................................................................... 234 45-27 Measurement and Payment .................................................................................................. 235 SECTION 46 TRAFFIC STRIPES, SIGNS, AND PAVEMENT MARKINGS ........................... 239 46-1 General ................................................................................................................................. 239 46-2 Materials............................................................................................................................... 239 46-3 Removal of Existing Markings ............................................................................................ 242 46-4 Application Equipment ........................................................................................................ 242 46-5 Application of Paint and Glass Beads .................................................................................. 242 46-6 Traffic Sign Installation ....................................................................................................... 243 46-7 Measurement ........................................................................................................................ 243 46-8 Payment ................................................................................................................................ 243 Engineering Standard Specifications August 5, 2013 viii

SECTION 47 RAISED PAVEMENT MARKERS .......................................................................... 244 47-1 General ................................................................................................................................. 244 SECTION 48 ENGINEERING FABRICS ....................................................................................... 245 SECTION 49 (RESERVED) .............................................................................................................. 245 SECTION 50 PORTLAND CEMENT CONCRETE ...................................................................... 246 SECTION 51 PAINT .......................................................................................................................... 248 SECTION 52 ASPHALTS ................................................................................................................. 248 SECTION 53 LIQUID ASPHALTS .................................................................................................. 248 SECTION 54 ASPHALTIC EMULSIONS ...................................................................................... 248 SECTION 55 EPOXY ......................................................................................................................... 248

Engineering Standard Specifications August 5, 2013 1

STANDARD SPECIFICATIONS
Copies of the “City of Visalia Engineering Standard Specifications” may be obtained from the City of Visalia website at: http://www.ci.visalia.ca.us/depts/engineering/engineering_documents/default.asp or from City Hall East, 315 E. Acequia Ave., Visalia, California, 93291, for a nominal fee.

SECTION 1 GENERAL, DEFINITIONS, ABBREVIATIONS AND TERMS 1-1 General
Unless the context otherwise requires, wherever in these Standard Specifications and other Contract Documents the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as provided in this Section 1.

Reference to a particular section in these Standard Specifications is made by section number without denoting “of these Standard Specifications.” Refer ence to standard specifications or standards of oth er agencies or organizations is so noted. See Section 4-8, “Incorporation of Referenced Specifications.”

Where a location is not specified with the words "shown," "specified," or "described," interpret:

A. "Shown" as "shown on the plans."
B. "Specified" as "specified in the specifications."
C. "Described" as "described in the Contract." "Described" means "shown, specified, or both."

The specifications are expressed in U.S. customary units except where a referenced document uses the International System of Units as the standard.

These Standard Specifications and Contract Documents are meant to work in direct line with Sections 10- 60, Section 73, and Sections 82-95 of the 2010 vers ion of the State Standard Specifications, except as modified by these Standard Specifications and Contr act Documents. For terms, specifications, and requirements appearing in these Standard Specificat ions and Contract Documents and the State Standard Specifications, these Standard Specifications and C ontract Documents shall take precedence. Other sections of the State Standard Specifications are i ncluded by reference in these Standard Specificatio ns and Contract Documents. In the event where items a re not covered or specified in these Standard Specifications or Contract Documents, the State Sta ndard Specification Sections listed above and State Standard Plans shall govern.

Engineering Standard Specifications August 5, 2013 2

1-2 Abbreviations
Where used in these Standard Specifications and Con tract Documents, the following abbreviations shall have the titles affixed thereto in the table below.

Abbreviations
Abbreviation Meaning
AASHTO American Association of State Highway and Tr ansportation Officials AB aggregate base
AC asphalt concrete
ACI American Concrete Institute
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute
AS aggregate subbase
ASTM American Society for Testing and Materials
AWG American Wire Gauge
AWS American Welding Society a
AWWA American Water Works Association
BBS battery backup system
Cal/OSHA California Division of Occupational Safety and Health Administration CBC California Building Code
CIP cast in place
CMP corrugated metal pipe
CMU concrete masonry unit
DBE Disadvantaged Business Enterprise
F Fahrenheit
FHWA Federal Highway Administration
HMA hot mix asphalt
MSDS material safety data sheet
MUTCD California Manual on Uniform Traffic Control Devices NPDES National Pollutant Discharge Elimination Syst em
PCC portland cement concrete
PLAC permit, license, agreement, certification, or any combination of these PG performance grade
PVC Polyvinyl Chloride
RAP reclaimed asphalt pavement
RCP reinforced concrete pipe
RFI request for information
RWQCB Regional Water Quality Control Board
SCM Supplementary Cementitious Material
SWPPP storm water pollution prevention plan
TV target value
UL Underwriters Laboratories, Inc
WPCP water pollution control program
aInterpret a reference to AWS as a reference to AWS, ANSI/AWS, or AASHTO/AWS

Engineering Standard Specifications August 5, 2013 3

Bid Item List Abbreviations
Abbreviation Meaning
ACRE acre
CF cubic foot
CY cubic yard
EA each
(F) final pay item
GAL gallon
H hour
LB pound
LF linear foot
LS lump sum
STA station (100 feet)
SF square foot
SQYD square yard
TON 2,000 pounds
WDAY working day

1-3 Definitions and Terms
The definitions and terms as used in these Standard Specifications and Contract Documents shall be interpreted and understood as established in this Section 1:

1-3.1 Acceptance
The formal acceptance by the City Council of an ent ire contract, which has been completed in all parts and requirements in accordance with the Contract Do cuments and any modifications thereof, previously approved. The “Notice of Completion” shall mean th e document recorded with the Tulare County Recorder indicating the formal acceptance of a specified Contract.

1-3.2 Addenda
Written interpretations or revisions to any of the Contract Documents issued by the City before the bi d opening.

1-3.3 Base
A layer of specified material of planned thickness placed immediately below the pavement or surfacing.

1-3.4 Basement Material
The material in excavation or embankments underlyin g the lowest layer of subbase, base, pavement, surfacing or other specified layer which is to be placed. See Section “Subgrade.”

1-3.5 Bid
The proposal submitted by the Contractor in response to the invitation to bid made by the City.

1-3.6 Bid Book or Bid Document
These terms shall have the same meaning as Construction Specifications.

1-3.7 Bidder
Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

Engineering Standard Specifications August 5, 2013 4

1-3.8 California Manual On Uniform Traffic Control Devices (California MUTCD) The most current adopted version of The California Manual on Uniform Traffic Control Devices for streets and highways, and amendments thereto, herei nafter referred to as California MUTCD or CA MUTCD. Supersedes the MUTCD and MUTCD California Supplement.

1-3.9 Certificate of Compliance
Certificate stating the material complies with the Contract Documents.

1-3.10 Certified Testing Laboratory
An established laboratory properly certified and ap proved by the Community Development Director to test materials, specimens, or work involved in the Standard Specifications and Contract Documents, and as specified herein.

The materials laboratory shall be under the respons ible management of a California Registered Engineer with experience in sampling, inspection and testing of construction materials. The Engineer shall cer tify the results of all tests performed by laboratory pe rsonnel under the Engineer’s supervision. The mater ials laboratory shall contain certified test equipment capable of performing the tests required.

The materials laboratory used shall provide documen tation that the laboratory complies with the following procedures:

A. Correlation Testing Program
The materials laboratory shall be a participant in one or more of the following testing programs:

1. AASHTO Materials Reference Laboratory (AMRL)

2. Cement and Concrete Reference Laboratory (CCRL)

3. Caltrans’ Reference Samples Program (RSP)

B. Certification of Personnel
The materials laboratory shall employ personnel who are certified by one or more of the following:

1. Caltrans District Materials Engineer

2. Nationally recognized non-Caltrans organizations su ch as the American Concrete Institute, Asphalt Institue, National Institute of Certification of Engineering Technologies, etc.

3. Other recognized organizations approved by the Stat e of California and/or Recognized by local governments or private associations.

C. Laboratory and Testing Equipment

The materials laboratory shall only use laboratory and testing equipment that is in good working order. All such equipment shall be calibrated at least once each year. All testing equipment must be calibrated by impartial means using devices of accuracy traceable to the National Institute of Standards and Technology. A decal shall be firmly affixed to each piece of equipment showing the date of the last calibration.

Engineering Standard Specifications August 5, 2013 5

1-3.11 Change Order
An order approved by the City of Visalia Change Ord er Committee and issued to the Contractor amending the Contract Documents.

1-3.12 City (Owner)
The City of Visalia, California, acting as a munici pal corporation and/or a trustee for improvement districts within the City. The term “Owner” and “C ity” shall have the same meaning.

1-3.13 City Clerk
The legally authorized City Clerk of the City of Visalia, California.

1-3.14 City Council
The City Council of the City of Visalia, California.

1-3.15 City Specifications
The City of Visalia Engineering Standard Specificat ions and other specifications included in them by virtue of reference, as amended from time to time.

1-3.16 City Standard Drawings or City Standard Plans
The City of Visalia Engineering Design & Improvement Standards, as amended from time to time.

1-3.17 Completion
A. For purposes of a Notice of Completion and Civil Co de sections 9200-9208, “completion” means the date of acceptance of the Work as complete by t he City Council. The Notice of Completion shall comply with the requirements of Civil Code sections 8100-8118.

B. For purposes of retention release under Public Cont ract Code section 7107, “completion” means any of the following:

1. The occupation, beneficial use, and enjoyment of a work of improvement, excluding any operation only for testing, startup, or commissioni ng, by the public agency, or its agent, accompanied by cessation of labor on the work of improvement.

2. The acceptance by the public agency, or its agent, of the work of improvement.

3. After the commencement of a work of improvement, a cessation of labor on the work of improvement for a continuous period of 100 days or more, due to factors beyond the control of the contractor.

4. After the commencement of a work of improvement, a cessation of labor on the work of improvement for a continuous period of 30 days or m ore, if the public agency files for record a notice of cessation or a notice of completion.

C. For all other purposes (including but not limited t o assessment of liquidated damages), “completion” means the point where Contractor has f ully and correctly performed all Work in all parts and requirements in accordance with the Plans , Specifications and the Contract Documents, a Final Inspection has been made, all corrective an d punch list Work has been performed, all improvements and equipment are in a fully functioni ng condition, and the Engineer has certified that the Work is ready for acceptance by the City C ouncil. “Completion” does not mean substantial completion or any other form of partial or insufficient performance of the Work.

Engineering Standard Specifications August 5, 2013 6

1-3.18 Contract or Contract Documents
The written agreement covering the performance of t he work and the furnishing of labor, materials, too ls and equipment in the construction of the work. The Contract or Contract Documents shall include the Contract Agreement, Notice to Contractors, Bid Prop osal, Subcontractors List, Plans, the Standard Specifications by virtue of reference, the Construc tion Specifications, Special Provisions, Descriptio n of Bid Items, State & Federal Funding Requirements, Ap pendices, Contract Bonds, Addenda, documents incorporated by reference, Permits, attached exhibi ts and documents, and any and all supplemental agreements amending or extending the work contempla ted and which may be required to complete the work in a substantial and acceptable manner. Suppl emental agreements are written agreements covering alterations, amendments or extensions to the contract and include contract Change Orders.

1-3.19 Construction Specifications or Contract Specifications The booklet containing the Notice to Contractors, B id Proposal, Subcontractors List, Bidder’s Bond, Standard Specifications by virtue of reference, Spe cial Provisions, Description of Bid Items, State & Federal Funding Requirements, Appendices, documents incorporated by reference, and any other exhibits and documents which may be added to the booklet.

1-3.20 Contractor
The person or persons, firm, partnership, corporati on or combination thereof, private or municipal, wh o have entered into a contract with the City, as part y or parties of the second part or his or their leg al representative.

1-3.21 Days
Unless otherwise specified in these Standard Specif ications or the Contract Documents, “days” mean calendar days.

1-3.22 Divided Roadway
A roadway with separated traveled ways for traffic, generally in opposite directions.

1-3.23 Encroachment
Any structure or object of any kind or character pl aced, without the authority of law, either in, unde r, or over any City right of way. An encroachment can in clude, but not be limited to, any tower, pole, pole line, pipe, pipeline, driveway, fence, stand, private roadway, billboard or sign.

Encroachments can also include special events condu cted in or on City rights of way, such as street festivals, sidewalk sales, community-sponsored even ts or activities, or community-approved activities.

See “Permit.”

Encroachments also include any construction activities in or on City rights of way or other City property.

1-3.24 Engineer
The Engineer of the City of Visalia, California, ac ting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

1-3.25 Engineer's Estimate
The list of estimated quantities of work to be performed as contained in the Bid Proposal Form.

Engineering Standard Specifications August 5, 2013 7

1-3.26 Engineer of Record or Design Engineer
The Engineer in responsible charge of designing and engineering the Plans and Construction Specifications.

1-3.27 Extra Work
Any obligations, construction, or service outside the scope of the contract.

1-3.28 Final Pay Item
See Section 9-3 “Final Pay Items” for a full descri ption.

1-3.29 Finish Grade
The elevation or slope shown on the plans assigned to the design finished surface of an improvement, including earthwork which will receive no paving or other surfacing, after all work on the improvement has been completed.

1-3.30 Grading Plane
The surface of the basement material (subgrade) upon which the lowest layer of subbase, base, pavement, surfacing or other specified layer is placed.

1-3.31 Inspector
A duly authorized agent of the Engineer.

1-3.32 Laboratory or Testing Laboratory
See “Certified Testing Laboratory”.

1-3.33 Legal Holidays
Those days designated as City holidays by the Visal ia City Council in observance of which City offices are closed.

1-3.34 Line and Grade
The term used to describe the horizontal and vertic al lines, elevations and slopes shown on the plans to which all improvements and earthwork are to be constructed.

1-3.35 Liquidated Damages
The amount prescribed in the Special Provisions to be paid to the City or to be deducted from any payments due or to become due the Contractor for ea ch day's delay in completing the whole or any specified portion of the work beyond the time allowed in the Contract Documents.

1-3.36 Median
That portion of a divided roadway separating the traveled ways for traffic in opposite directions including inside shoulders, if any. Medians may be raised or un-raised, paved or unpaved.

1-3.37 Non-Public Work or Non-Public Project
Any improvement being completed by developers, util ity companies, other agencies, or any other individual, group, business, or entity within the C ity of Visalia street right of way or on other City of Visalia property that is not being funded and managed by the City as a public project.

Engineering Standard Specifications August 5, 2013 8

1-3.38 Notice of Award
The document issued to the Contractor along with th e official Contract Documents package after the Contract award is issued by the Visalia City Council.

1-3.39 Notice to Proceed
The document issued to the Contractor, after all Co ntract Documents have been signed and pre- construction contract requirements have been met, authorizing the Contractor to start construction.

1-3.40 Pavement
The uppermost layer of material placed on the trave led way or shoulders. This term is used interchangeably with surfacing.

1-3.41 Permit
As used in these Standard Specifications, the docum ent issued by a jurisdictional agency specifying th e terms and conditions under which the permittee is authorized to perform certain work typically associated with a Contract awarded by the City. Permits may b e issued by one or more agencies which have jurisdiction by law or by ownership over various as pects of the work. Permits may take the form of providing authorization to perform general roadwork , to install, construct, or repair certain encroachments, or govern such things as air polluti on and storm water pollution prevention. The term “Encroachment Permit” describes the permit issued b y the City Engineering Division and does not apply to Building Permits issued by the City Building Division. See “Encroachment.”

1-3.42 Permittee
The person or persons, partnership or corporation, private or public, who has obtained a permit from t he City or other jurisdictional agency and who has agr eed to do work encompassed by said permit in conformance with the requirements thereof.

1-3.43 Plans
The official Construction Plans which show the loca tion, character, dimensions and details of the work to be performed. Standard Drawings (sometimes referre d to as Standard Plans), profiles, typical cross sections, working drawings and supplemental drawing s, or reproductions thereof, approved by the Engineer, are to be considered as a part of the Pla ns. As used in this definition, the term Standard Drawings refers to the City of Visalia Engineering Design & Improvement Standards.

1-3.44 Private Developer
An individual or group proposing to subdivide or im prove land within the City and constructing or causing to be constructed improvements to be accepted by the City.

1-3.45 Proposal
The written offer of the bidder for the work when m ade out and submitted on the prescribed proposal form, properly signed and guaranteed.

1-3.46 Proposal Form (Also referred to as Bid Proposal) The approved document upon which the City requires formal bids be prepared and submitted for the work.

Engineering Standard Specifications August 5, 2013 9

1-3.47 Proposal Guaranty
The cash, cashier's check, certified check or bidde r's bond accompanying the proposal submitted by the bidder, as a guarantee that the bidder will enter i nto a contract with the City for the performance of the work if the contract is awarded to the bidder.

1-3.48 Public Work or Public Project
Any improvement being funded and managed by the City of Visalia.

1-3.49 Right of Way
The whole right of way or area which is reserved fo r and secured for use in constructing the roadway a nd its appurtenances.

1-3.50 Roadbed
The roadbed is that area upon which a traveled surf ace will be installed, generally between curbs delineating the edges of the traveled way. The roa dbed rises in elevation as each increment or layer of subbase, base, surfacing or pavement is placed.

1-3.51 Roadway
That portion of the right of way included between the outside lines of sidewalks, or curbs, slopes, ditches, or channels, including all the appertaining structures, and other features necessary for proper drainage and protection.

1-3.52 Shoulders
The portion of the roadway contiguous with the trav eled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses. Shoulders may be paved or unpaved.

1-3.53 Special Provisions
The Special Provisions and other specifications included in them by virtue of reference.

1-3.54 Specifications
Where used, the term “Specifications” without modif ier shall mean collectively these Construction Specifications and the Standard Specifications, emb odying all the applicable specification documents therein.

1-3.55 Standard Drawings or Standard Plans
The City of Visalia Engineering Design & Improvement Standards, as amended from time to time.

1-3.56 Standard Specifications
The City of Visalia Engineering Standard Specificat ions and other specifications included in them by virtue of reference, as amended from time to time.

1-3.57 State of California Standard Specifications
The 2010 version of the Standard Specifications issued by the Department of Transportation (Caltrans) of the Business, Transportation and Housing Agency of the State of California.

1-3.58 State
The State of California Department of Transportatio n. This term is used interchangeably with Caltrans and has the same meaning.

Engineering Standard Specifications August 5, 2013 10

1-3.59 State Standard Plans
The 2010 version of the State of California, Department of Transportation Standard Plans.

1-3.60 State Standard Specifications
The 2010 version of the Standard Specifications issued by the Department of Transportation (Caltrans) of the Business, Transportation and Housing Agency of the State of California.

1-3.61 Subbase
A layer of specified material of planned thickness between a base and the basement material.

1-3.62 Subgrade
That portion of the roadbed on which pavement, surf acing, base, subbase, or a layer of any other mater ial is placed. See “Basement Material.”

1-3.63 Substantial Completion
Substantial completion shall refer to a stage of co nstruction where the Contractor has fully and corre ctly performed all Work in all parts and requirements in accordance with the Plans, Standard Specifications and the Contract Documents, all improvements and eq uipment are in a fully functioning condition, the Contractor has performed the final cleanup, and the project is ready for final inspection.

1-3.64 Surety
"Surety" or "Corporate Surety" refers to a corporat e surety company included on the State of Californi a, Department of Insurance, Admitted Sureties List, most current edition, and acceptable to the City.

1-3.65 Surfacing
The uppermost layer of material placed on the trave led way, or shoulders. This term is used interchangeably with pavement.

1-3.66 Traffic Lane
The portion of a traveled way for the movement of a single line of vehicles.

1-3.67 Traveled Way
The portion of the roadway for the movement of vehicles, generally between faces of curbs.

1-3.68 Unauthorized Work
Work performed beyond the lines and grades describe d in the Contract or established by the Engineer or extra work performed without authority.

1-3.69 Work
All the obligations and construction specified, indicated, shown, required or contemplated in the Cont ract Documents, including all alterations, amendments or extensions thereto made by Contract Change Order or other written orders of the Engineer, and includ ing all punch list, corrective work, as-built or as - constructed drawings, and manuals at the end of the construction. The Work shall not include work being performed by the Owner (by itself or through other contractors) that is merely related to the Work.

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1-3.70 Working Days
Unless otherwise designated, working day as used in these Standard Specifications and Contract Documents shall mean any day on which the Contracto r is not prevented by inclement weather, or conditions resulting therefrom, from proceeding wit h substantial prosecution of the work, excluding Saturdays, Sundays, legal holidays, and any other d ay the Contractor is specifically required by the Special Provisions to suspend construction operations.

1-4 References

Where the version of a referenced document is not s pecified, use the current version in effect on the date of the Notice to Contractors.

State Specifications
Whenever the State Specifications are referenced an d terms are used, they shall be understood to mean the following:

“State,” or “Department,” shall mean “City”.

Where “State Highway Engineer” and “Engineer” are u sed, it is understood that they refer to and mean, the City Engineer of the City of Visalia or his authorized delegate.

Laboratory – For Public projects, the designated la boratory authorized/hired/selected by the City of Visalia to test materials and work involved in the contract. For Non-Public projects the designated laboratory hired by the entity responsible for the project and approved by the City of Visalia.

For terms, specifications, and requirements appeari ng in the State Specifications and the Contract Documents, the terms, specifications, and requirements in the Contract Documents shall take precedence.

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SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS
2-1 General
The City Purchasing Division will receive at the Fr ont Counter at City Hall West, 707 W. Acequia, Visalia, California, 93291 prior to the hour and d ay specified in the "Notice to Contractors”, sealed proposals for furnishing materials, supplies, equip ment and labor for performing the work as specified in the Plans, the Specifications, and the Contract Doc uments. Proposals submitted at or after the hour specified for receipt of bids will be returned unopened.

2-2 Examination of Site of Work, Plans, Specifications and Contract Documents The bidder is required to carefully examine the sit e of the proposed work and the Contract Documents, Plans and Specifications for the work contemplated. The work embraced herein shall be done in accordance with the Contract Documents.

Bid submission shows the bidder has investigated th e site and is satisfied as to the conditions to be encountered and the scope of work, and understands the requirements of the Plans, Specifications, and other Contract Documents. Bid submission is your acknowledgment that you have examined the job site, plans, construction specifications, and bid documents and are satisfied with:

A. General and local conditions to be encountered
B. Character, quality, and scope of work to be performed C. Quantities of materials to be furnished
D. Character, quality, and quantity of surface and subsurface materials or obstacles E. Requirements of the Contract

Prospective bidders must satisfy themselves, by suc h means as they prefer, as to local conditions and all other matters which influence their bid for the wor k. The City or Engineer shall not be liable on acc ount of any obstructions of any nature, unforeseen diffi culties in construction, or unreliable information from any source.

It is the Contractor’s responsibility to inform the Engineer and seek correction or clarification upon discovering any error or omission in the Plans, Spe cifications, or other Contract Documents prior to proceeding with the described work. The Contractor will be liable for any resultant damage where he “recognized such error, inconsistency or omission a nd knowingly failed to report it to the Engineer”. The Contractor will bear no liability for any errors which he discovers and reports to the Engineer.

Existing improvements visible at the job site, for which no specific disposition is made on the Plans, but which could reasonably be assumed to interfere with the satisfactory completion of the improvements contemplated by the Plans, shall be removed and disposed of by the Contractor at his expense.

The locations of existing facilities that are shown on the Plans are approximate. Exact locations of existing utilities shall be determined by the Contr actor by whatever means necessary, including hand digging, with the possible assistance of the utilit y companies and located in the field by the Contrac tor prior to the construction of any improvements requi red by the Contract. Any additional cost incurred because of the Contractor’s failure to field verify locations of existing utilities prior to construct ion shall be paid for by the Contractor.

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2-3 Form of Proposal
All proposals must be submitted upon the blank form s included in this bid document which can be obtained from the City Purchasing Division at City Hall West, 707 W. Acequia, Visalia, California, 93291. This bid document must be submitted in its entirety with no pages removed. All addendums issued during the bidding process must be signed an d submitted with the bid document. The bid document contains a contract that will be used with the bid proposal. A separate bid bond with appropriate attachments may be stapled to the insid e front cover of the bid document in lieu of using the forms provided in the Section “Bidders Bond.” All proposals must give the unit price where indicated, or lump sum where unit prices are not called for, for each of the items. Proposals are to be filled out completely and must be signed by the bidder with hi s address, all as indicated on the proposal form. If the proposal is made by an individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles and business address of the president, secretary, treasurer and manager thereof. The Bid Proposal Fo rm includes the following documents, all of which are to be completed in all respects and submitted a s a complete package: Bid Proposal, Bid Proposal Contract, Bid Schedule, Bidder’s Information, Subco ntractors List, Contractor’s Reference Form, Non collusion Affidavit, Drug Free Workplace Certification and Bid Security. Depending on the nature of t he project, other documents may be included by the City and shall be completed in all respects and submitted by the bidder with the Bid Proposal Form or as othe rwise indicated by the City. All proposals must be submitted under sealed cover. See the Notice to Contractors for additional proposal requirements.

All other forms, exhibits, certifications, declarat ions, and other documents included in the bid book must be completed by the Contractor and submitted with the bid.

2-4 Conflict of Interest
No employee of the City shall be eligible to submit a proposal for, or to subcontract for any portion of, or to supply any materials for any contract administered by the City.

2-5 Quantities
The estimates of the quantities of work to be perfo rmed and materials to be furnished given in the Not ice to Contractors, Bid Proposal and in the Constructio n Specifications are approximate only, being given as a basis for the comparison of bids. The City does not expressly or by implication agree that the actu al amount of work will correspond therewith, but reser ves the right to increase or decrease the amount of any class or portion of the work or to omit portion s of the work that may be deemed necessary or expedient by the Engineer. Reference is made to Se ction 4-10, “Changes,” regarding changes to quantities.

2-6 Unit or Lump Sum Prices
The unit or lump sum prices inserted in the bid for m by the bidder will be considered to be the bid pr ices for the various bid items of work performed. In ca se of a discrepancy between the unit price bid and the calculated total for any bid item, the unit price s hall govern. In case of a discrepancy between the unit or lump sum price in words and figures provided on the Bid Proposal, the lump sum or unit price quoted in words shall prevail.

2-7 Proposal Guaranty
All bids shall be presented under sealed cover and shall be accompanied by either a cash, cashier’s ch eck, certified check, or Bidder’s Bond of a corporate su rety authorized to do business in the State of California and acceptable to the City, made payable to the Cit y of Visalia for an amount equal to at least ten pe rcent (10%) of the amount of said bid. No bid shall be c onsidered unless such cash, cashier’s check, certif ied Engineering Standard Specifications August 5, 2013 14

check, or Bidder’s bond is enclosed herewith. Chec ks or bonds must be made payable to the City of Visalia, such securities to be retained by the City as a guarantee that the Bidder, if his bid is accepted, will enter into a satisfactory contract within ten (10) days, not including Saturday, Sundays and legal holidays, from the date that the bidder has received notice t hat the contract has been awarded “Notice of Award” is mailed or e-mailed to the Bidder, and will furnish a good and sufficient bond for faithful performance thereof and for payment of labor and material costs in accordance with the requirements of the Contrac t Documents.

2-8 Designation of Subcontractors
The Contractor shall comply with the California Sub letting and Subcontracting Fair Practices Act, commencing with Section 4100 of the State Public Co ntract Code. The Contractor shall file with the bi d the name and address of each subcontractor who will perform more than one-half of one percent (½ %) of the contract amount, or in the case of a project de signated by the City as a Street Project, one half of one percent of the contract amount or ten thousand doll ars ($10,000), whichever is greater. To determine the value of work subcontracted, where an entire item i s subcontracted, the value of work subcontracted wi ll be based on the contract item bid price. When a po rtion of an item is subcontracted, the value of wor k subcontracted will be based on the estimated percen tage of the contract item bid price, determined fro m information submitted by the Contractor, subject to approval by the Engineer.

Only one subcontractor shall be listed for each por tion of the work. The portion shall be defined as to its nature and extent. The failure of the Contractor t o specify a subcontractor constitutes a statement that the Contractor is qualified and intends to perform said work.

Designation of subcontractors must be made upon for ms included with the bid package or to be obtained from the office of the City Engineer at City Hall. The bidder must give the names of all the subcontractors and the form must be signed by the bidder.

The Contractor must have the consent of the City an d approval of the Engineer, in writing, to substitu te a subcontractor other than that designated in the ori ginal bid, to permit any subcontract to be assigned or transferred, to allow a subcontract to be performed by other than the original subcontractor, or to subcontract work for which no subcontractor was des ignated in the original bid and which is more than one-half of one percent (½ %) of the contract amoun t, or in the case of a City-designated Street Proje ct, one half of one percent or ten thousand dollars ($10,000), whichever is greater.

Violation of any of the above provisions is a viola tion of the Contract and cause for ordering any unapproved subcontractor from the work site. The C ontractor shall comply with Section 8-3, “Subcontracting,” which contains additional regulat ions regarding subcontractors.

2-8.1 City Right to Reject Subcontractors
Pursuant to state law City may reject subcontractor s that the City has determined to not be a responsi ble contractor and require Contractor to substitute that specific subcontractor.

2-9 Rejection of Non-Responsible Subcontractors
Any bid may be withdrawn at any time prior to the t ime fixed in the “Notice to Contractors” for the opening of bids only upon written request for the w ithdrawal of the bid filed with the City. The reque st shall be executed by the Bidder or his duly authori zed representative. The withdrawal of the bid does not prejudice the right of the Bidder to file a new bid . A bid will not be received after the time, nor an y bid withdrawn after the time fixed in the public notice for the opening of bids until either all bids are rejected, or until the expiration of sixty (60) days set from the date set for the opening of bids, or until the contract Engineering Standard Specifications August 5, 2013 15

has been executed and the required Contractor’s bon ds furnished by the successful Bidder or Bidders, whichever occurs first.

2-10 Opening of Proposals
Proposals will be opened and read publicly at the t ime and place indicated in the “Notice to Contracto rs”.

Bids will be opened identifying Bidder and amount. Bidders, or their authorized agent, are invited to be present. City will review bid package for completeness and accuracy subsequent to opening.

2-11 Relief of Bidders
The provisions of Public Contract Code Sections 510 0 to 5110, inclusive, applies to all Contracts. If the bidder claims a mistake was made in the bid present ed, the bidder shall give the Engineer written noti ce within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.

2-12 Rejection of Proposals
The City reserves the right to reject any or all pr oposals. Proposals may be rejected if they show any alteration of form, additions not called for, condi tional or alternative bids, incomplete bids, erasur es, or irregularities of any kind. Proposals in which the prices are obviously unbalanced may be rejected. The City may reject all bids for budgetary reasons.

More than one proposal from an individual, a firm o r partnership, a corporation or an association unde r the same or different names, will not be considered . Reasonable grounds for believing that any bidder that submitted a bid as a General or Prime Contractor is interested in more than one proposal for a Project will cause the rejection of all proposals in which such bidder is interested. A Contractor who is not submitting a bid as the General or Prime Contractor may submit any number of sub-bids to competing General or Prime Contractors.

This bid document must be submitted in its entirety with no pages removed. All addendums issued during the bidding process must be signed and submitted with the bid document.

A Bid Protest/Dispute/Challenge must be submitted i n writing within 5 working days from award of the project to:

Purchasing
707 W. Acequia Avenue
Visalia, CA 93291

2-13 Ineligibility to Contract
The City requires all bidders to comply with the re quirements of Public Contract Code Section 10285.1.

The City shall have the same rights as a State Agency under Section 10285.1, which provides as follows:

“Any state agency may suspend, for a period of up t o three years from the date of conviction, any pers on from bidding upon, or being awarded, a public works or services contract with the agency under this pa rt or from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted b y a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defin ed in Section 1101, with any public entity, as defi ned in Section 1100, including, for the purposes of thi s article, the Regents of the University of Califor nia or the Trustees of the California State University. A state agency may determine the eligibility of any person Engineering Standard Specifications August 5, 2013 16

to enter into a contract under this article by requ iring the person to submit a statement under penalt y of perjury declaring that neither the person nor any s ubcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three years”.

2-14 Contractor Qualification Requirements
All Contractors, General Contractors and Subcontrac tors, working on non-public and public projects within City of Visalia street right of way or other City of Visalia property shall have a minimum of t hree years of past experience with projects of a similar size and nature to the proposed project unless otherwise approved by the City Engineer. The burden of proof shall be the responsibility of the Contractor. Al l General Contractors shall be required to submit a c omplete CONTRACTOR’S REFERENCE FORM with their bid. A blank copy of this form is located in the front end portion of the bidding documents. At the request of the Engineer, the General Contractor shall provide completed CONTRACTOR’S REFERENCE FORMS for any Subcontractor within 4 work ing days of the request by the Engineer. The Engineer may also request any additional information they deem necessary to verify that the Contractor or Subcontractor has the qualifications and experience to adequately perform the work required by the Cit y in a responsible manner. Additional information ma y include but is not limited to license certificate s, safety certificates, specialty certificates, project construction value, and change order cost percent ages for past projects. Additional information shall be pro vided to the Engineer within 4 working days of the request. Failure to provide the requested information will result in a non-responsive bid.

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SECTION 3 AWARD AND EXECUTION OF CONTRACT
3-1 Award of Contract
The award of the Contract, if it is awarded, will b e to the lowest responsible bidder whose proposal complies with all the requirements described. For projects with no alternates, the award shall be determined by comparing the base bids. When alternative bids are included in the bid proposal, the award shall be determined by comparing the lowest totals of the base bid plus the bids of those alternatives specifically identified in the bid proposal to be u sed for the purpose of determining the lowest bid. The City reserves the right to add or subtract any of the alternatives after the lowest bid has been determined.

The award, if made, will be made within fifty (50) calendar days after the opening of the proposals. If the lowest responsible bidder refuses or fails to execu te the Contract, the City may award the Contract to the second lowest responsible bidder; the award, if mad e, will be made within sixty (60) calendar days aft er the opening of the proposals. If the second lowest responsible bidder refuses or fails to execute the Contract, the City may award the Contract to the th ird lowest responsible bidder; the award, if made, will be made within seventy-five (75) calendar days afte r the opening of the proposals. The periods of tim e specified above may be subject to extension for fur ther periods as agreed upon in writing between the City and the bidder concerned.

All bids will be compared on the basis of the Engin eer's Estimate of quantities of work to be done as shown in the bid proposal. Bids shall be submitted on base bids and all alternate bids, if any, in or der to be considered responsive.

3-2 Execution of Contract
Four (4) sets of the contract shall be signed by th e successful Bidder and returned together with the contract bonds and insurance, within ten (10) days, not including Saturdays, Sundays and legal holiday s, after the Bidder has received notice that the contr act has been awarded. No proposal shall be conside red binding upon the City until the execution of the contract by all parties, including the City.

Failure to execute and submit the Contract within ( 10) days, not including Saturdays, Sundays and lega l holidays after the bidder has received notice that the Contract has been awarded, shall be just cause for the annulment by the City of the award and the forfeiture of the proposal guarantee as liquidated damages.

The Contractor shall submit to the Engineer along w ith the executed Contract, the documents required i n Section 3-3, “Required Contract Securities, Insuran ce Certificate, Business Tax Certificate, Injury an d Illness Prevention Plan,” and Section 7-4, “Contrac tor’s Insurance Requirements and Hold Harmless.”

3-3 Required Contract Securities, Insurance Certificate, Business Tax Certificate, Injury And Illness Prevention Plan
The bidder to whom the Contract has been awarded will be required to furnish a Labor and Material Bond equal to one hundred percent (100%) of the Contract price, and a Faithful Performance Bond equal to one hundred percent (100%) of the Contract price. Said bonds shall be secured from a corporate surety, an d are to be submitted to the Engineer with the executed Contract. Corporate Sureties are to comply with the definition of “Surety” as listed in Section 1-3.

In addition to furnishing the above required sureti es, the bidder to whom a contract has been awarded shall furnish and submit with the executed contract original Insurance Certificates indicating coverag e in compliance with Section 7-4, “Contractor’s Insuranc e Requirements and Hold Harmless.”

The Contractor shall comply with Section 7-10, “Per mits and Licenses.” The Contractor to whom the contract is awarded, and all Subcontractors listed on the Contractor’s Bid Proposal, or any Subcontrac tor Engineering Standard Specifications August 5, 2013 18

substituted or added after a contract is awarded and in accordance with these Specifications, must obtain a City of Visalia Business Tax Certificate and pay al l fees associated therewith. Business Tax Certific ates are to be obtained from the City of Visalia Communi ty Development Department, 315 E. Acequia Avenue, Visalia, CA 93291, call 559-713-4326 for qu estions. Bidders must contact the Community Development Department to determine fee amounts pri or to submitting a bid. This requirement applies regardless of the business address or location of t he Contractor or any Subcontractor. Evidence showi ng the Contractor and all subcontractors have obtained a City of Visalia Business Tax Certificate shall b e submitted to the Engineer with the executed Contract.

In compliance with Section 7-12 “Safety Provisions; First Aid; Injury and Illness Prevention Program,” the Contractor shall submit with the above document s a copy of the Contractor’s Injury and Illness Prevention Plan when requested by the Engineer.

The Contractor shall arrange to have a maintenance bond in effect for a period of one year after the d ate of recordation of the Notice of Completion. The ma intenance bond shall be in an amount equal to ten percent (10%) of the final contract amount and shal l be delivered to the Engineer prior to the City ac ting on the project final acceptance.

3-4 Return of Proposal Guarantees
Within ten (10) days after the award of the contrac t, the Purchasing Division will return the proposal guarantees, other than Bidder’s bonds, accompanying such of the proposals which are not to be further considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which all proposal guarante es, except those forfeited, will be returned to the respective Bidders whose proposal they accompany.

3-5 Material Statement, Samples, and Guarantees
As permitted in Section 6, “Control of Materials,” before any Contract is awarded, the bidder may be required to furnish a complete statement of the ori gin, composition, and manufacturer of any or all materials to be used in the construction of the wor k together with samples which may be subjected to t he tests provided for in these Specifications to determine their quality and fitness for the work.

In compliance with Sections 5-23, “Guarantee of Wor kmanship,” 6-10, “Guarantee of Materials,” and 7- 23, “Guarantee,” the Contractor is required to guar antee all materials, equipment and workmanship for a period of one year from the date of Acceptance as d enoted in Section 8-14, “Acceptance of Contract.” In addition to the overall guarantee, the bidder may also be required by the Contract Specifications to furnish a written or other form of guaranty such as a bond covering certain items of work for varying periods of time from the date of recordation of said Notice of Completion. When the guaranty is required, the fo rm and the time limit of the guaranty shall be as spec ified in the Contract Specifications. The signed w ritten guaranty or the bond, whichever is required by the Contract Specifications, shall be delivered to the Engineer before Acceptance of the Contract.

All costs for compliance with this Section 3-5 shal l be included in the various bid items; no addition al payment will be made therefor.

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SECTION 4 SCOPE OF WORK
4-1 Intent of Plans and Specifications
The intent of the Plans and Specifications is to prescribe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the contract. Where the Plans or Specifications describe portions of th e work in general terms, but not in complete detail , it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. The Contractor shall furnish all labor, materials, tools, equipment, an d incidentals, and do all the work involved in comple ting all of the contract requirements in a satisfac tory and workmanlike manner.

The Plans, Specifications and other Contract Docume nts will govern the work. Anything in the Specifications and not on the Plans, or on the Plan s and not in the Specifications, shall be as though shown or mentioned in both.

The Contractor shall keep at the worksite a copy of the Plans and Contract Specifications, to which th e Engineer shall have access at all times.

While it is believed that much of the information p ertaining to physical conditions which may affect t he cost of the proposed work will be shown on the Plan s or indicated in the Contract Specifications, the City does not warrant the completeness or accuracy of su ch information. The Contractor shall ascertain the existence of any such conditions affecting the cost of the work which would have been disclosed by reasonable examination of the site.

No test, investigation, statement or estimate of a factual situation not incorporated in the Contract Documents shall be relied on by the Contractor. An y test, investigation, statement, or estimate of fa ct incorporated in the Contract shall be considered by the Contractor to be a suggestion only and he shal l request equal access to the underlying or background informative material or source and shall arrive at his own opinion thereon, including his determination of how reliable might be any conclusion appearing in or inferred from the Contract Documents.

In general, the Plans will indicate dimensions, pos ition and kind of construction, and the written Specifications will indicate qualities and methods. Any work indicated on the Plans and not mentioned in the written Contract Specifications, or vice versa, shall be furnished by the Contractor as though ful ly set forth in both. Work not particularly detailed, mar ked or specified, shall be as similar parts that ar e detailed, marked or specified.

All alterations authorized by the Engineer which af fect the requirements and information given on the approved plans shall be in writing. No changes sha ll be made in any plan or drawing after the same ha s been approved by the Engineer, except by direction of the Engineer.

During the course of the work, if the Contractor di scovers any discrepancies between the Plans and the conditions in the field, or any errors or omissions on the Plans or in the Specifications which will significantly affect the work, it shall be the Cont ractor's duty to inform the Engineer immediately in writing, and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk and will be considered unauthorized work.

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4-2 Coordination, Interpretation, and Precedence of Plans and Specifications The Plans, Specifications, and all supplementary do cuments are essential parts of the Contract and a requirement occurring in one is as binding as thoug h occurring in all. They are intended to be cooperative, to describe, and to provide for a complete work.

Whenever any conflict appears in any portions of th e Contract Documents, it shall be resolved by application of the order of precedence given below, unless the Engineer shall order otherwise.

Change Orders and Supplemental Agreements;
Contract Agreement;
Pre-bid Addenda;
State & Federal Funding Requirements;
Special Provisions;
Construction Specifications excluding Standard Specifications; Contract Construction Plans or Drawings;
Description of Bid Items;
City of Visalia Encroachment Permit Policy Manual;
Standard Specifications (including General Provisions); City Standard Drawings;
Any other referenced and incorporated specifications;
Any other referenced and incorporated plans or drawings.

Detailed plans and specifications shall take preced ence over standard plans and specifications, even within the same level of precedence. Dimensions ca lled out on the Plans shall control and supersede scaled dimensions. No scaled dimension shall be us ed in the execution of the work, unless no dimensio n is called out on the Plans and the use of a scaled dimension is authorized by the Engineer.

For State or Federally funded projects the specific ations and requirements listed in the section titled “State & Federal Funding Requirements,” shal l take precedence over other Standard Specification requirements.

4-3 Interpretations
Should it appear that the work to be done, or any m atter relative thereto, is not sufficiently detaile d or explained on the Plans or Specifications, the Contr actor shall apply to the Engineer for such further explanations as may be necessary, and shall conform to such explanation or interpretation as part of t he Contract, so far as may be consistent with the inte nt of the original Plans and Specifications. In th e event of doubt or question relative to the true meaning o f these documents, reference shall be made to the Engineer, whose decision thereon shall be final.

All requests for information shall be submitted on the City’s Request for Information (RFI) form and each request shall be numbered starting with number one. The RFI shall provide a clear description of the clarification needed, reference the documents in qu estion, verify if Contractor believes extra time or cost will be required, and include other attachments as necessary. By submitting the RFI the Contractor certifies that he has thoroughly reviewed the contr act documents and determined that the information requested was not contained in the Contract Documen ts. The City will be responsible for responding to the RFI within ten (10) working days, unless this t ime period is extended by mutual agreement between the City and the Contractor. In the event the Cont ractor believes that a response to an RFI will caus e a change to the requirements of the Contract Document s, the Contractor shall immediately give written notice to the City within five (5) working days of receipt of the RFI from the City stating that the Engineering Standard Specifications August 5, 2013 21

Contractor considers the response a change order. Failure to give such written notice shall waive the Contractor’s right to seek additional time or cost.

4-4 Working Drawings
When working drawings or shop drawings are required by the Plans or Specifications, or requested by the Engineer, they shall be prepared in accordance with modern engineering practice by the Contractor at t he Contractor's expense. Shop or working drawings shall be of a size and scale to clearly show all necessary details. Unless otherwise specified, four (4) copies of the shop or working drawings shall be submitted to the Engineer for approval or correction at least fi fteen (15) days before approved drawings will be required for the work. If corrections are required, the Contractor shall make corrections as directed by the Engineer and shall deliver four (4) copies of the c orrected shop or working drawings to the Engineer.

Upon final approval, one set will be returned to th e Contractor marked "accepted" or "accepted as corrected". For items requiring shop drawings, no materials shall be furnished or work done before approval of the drawings.

Acceptance of shop or working drawings by the Engin eer means that there is substantial and acceptable conformance with the Plans and Specifications, but details of design may not necessarily be checked fo r adequacy or accuracy. An acceptance shall not relieve the Contractor from the responsibility for errors or omissions in the drawings or from deviations from the Contract Documents unless such errors, omissions, or deviations were specifically called to the atten tion of the Engineer in writing. The Contractor is responsible for the correctness of the shop or work ing drawings, for shop fits and field connections, and for the results obtained by use of such plans.

In the event of discrepancy between the scaled dimension on any drawing and the figures written thereon, the figures shall be taken as correct, unless otherwise determined by the Engineer.

4-5 Conformity with Plans and Allowable Deviations
Finished surfaces including the completed final sur face of earth, concrete, pavement or other material , or the completed top of a layer of subgrade, base or s urfacing, in all cases shall conform with the lines , grades, cross sections, and dimensions shown on the Plans. Where tolerances are indicated in the Specifications, the work shall be constructed withi n the tolerances. Variations within the specified tolerances shall be compensating so that average gr ade and cross section specified are met. Deviation s from the Plans required by the exigencies of constr uction will be determined in all cases by the Engin eer and authorized only in writing.

4-6 Existing Facilities and Structures Shown on Plans
Where underground and surface facilities or structu res are shown on the Plans, the locations, depth an d dimensions of such facilities or structures are bel ieved to be reasonably correct, but are not guarant eed.

Such facilities or structures are shown for the inf ormation of the Contractor, but information so give n is not to be construed as a representation that such f acilities or structures will, in all cases, be foun d or encountered just where shown, or that they represen t all the structures which may be encountered. The Contractor shall comply with the provisions in Sect ion 8-15, “Utility and Non-Street Facilities; Potholing.”

4-7 Omissions in Plans and Specifications
Omissions from the Plans or the Specifications of the materials or details of work which are manifestly or obviously necessary to carry out the intent of the Plans and Specifications, or which are customarily furnished or performed, shall not relieve the Contr actor of the responsibility for furnishing such omi tted materials or performing such omitted work, but shal l be furnished or performed as if fully shown or described in the Plans or Specifications.

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Any materials or work mentioned in the Specifications and not shown on the Plans, or shown on the Plans and not mentioned in the Specifications, shall be of the same effect as if shown or mentioned in all.

4-8 Incorporation of Referenced Specifications
Where referenced thereto on the Plans or the Specif ications, the work embraced herein shall be done in accordance with the provisions of the 2010 version of the "State of California, Department of Transportation Standard Specifications," which Spec ifications are hereinafter referred to as the State Standard Specifications, in accordance with the following provisions.

In case of a conflict between the City’s Standard S pecifications and Contract Documents and any other referenced and/or incorporated set of specification s such as the State Standard Specifications, the Ci ty’s Standard Specifications and Contract Documents take precedence over and shall be used in lieu of such conflicting portions in the other specifications, i n accordance with Section 4-2, “Coordination, Interpretation, and Precedence of Plans and Specifications.”

4-9 Work To Be Done
The work to be performed under the Contract consist s of furnishing all materials, equipment, supplies, labor and transportation, and performing all Work a s required by the Contract in strict accordance wit h the Contract Documents in a satisfactory and workmanlike manner. The Work includes all work, material and services not expressly called for in the Contra ct Specifications or not shown on the Plans, but wh ich may be necessary for completion and proper construction to carry out the Contract in good faith. The site of Work shall be left in a neat condition. All imp rovements shall be in a complete and operating condition. The cost of all Work performed, furnished and installed is to be included in the amount bid for the various items of Work with no separate compensation allowed therefor.

4-10 Changes
The City reserves the right to make such alteration s, deviations, additions to, or deletions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the Work or to delete any item or portion of the Work ( see Section 2-5, “Quantities”) as may be deemed by the Engineer to be necessary or advisable, and to r equire such Extra Work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.

No adjustment will be made in the contract unit pri ce of any bid item as a result of quantity changes, unless the quantity of the bid item is increased or decreased by more than 25 percent of the original bid item quantity. If a unit price adjustment is consi dered to be warranted by the Engineer, the Contract or shall be compensated in accordance with the provisi ons of Section 9-1.06, “Changed Quantity Payment Adjustments,” of the State Standard Specifications. Any references therein to “State” or “Department” shall mean “City.” The Contractor will be responsi ble for submitting detailed cost data for a unit pr ice adjustment for a bid item if (1) the Engineer reque sts the data or (2) you request a unit price adjust ment resulting from a change in accordance with this Section.

All changes will be set forth in a Contract Change Order which will specify, in addition to the work t o be done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for that work. The Contractor will be responsible for submitting detailed cost data including a breakdown of labor, equipment, and materials to the Engineer for approval as listed in Section 9-5 “Payment for Extra Work” and incorporation into the Change Order. A contract change order will not become effective until approved by the City of Visalia Change Order Committee.

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The Contractor may seek a Change Order from the Cit y of Visalia Change Order Committee pursuant to this Section 4-10 and Section 4-12.3.

The Contractor shall not commence work covered by t he proposed change order prior to approval of the Change Order Committee, unless authorized in writin g by the Engineer. The Contractor shall not be entitled to payment for any work performed without written authorization from the Engineer. Until the City approves a Change Order, the Contractor shall continue to perform the work under the Contract unless the Engineer orders the Contractor in writin g to start the work described in the Change Order before its approval.

Should the Contractor disagree with any terms or co nditions set forth in an approved Contract Change Order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer wi thin five (5) days after the receipt of the approved Con tract Change Order and the procedures outlined in Section 4-12 apply.

If a requested change order is sent back to the Con tractor for revisions, the Contractor has fifteen ( 15) days to resubmit. If the Contractor fails to retur n the revised Change Order to the Engineer within t he above mentioned time period, the Contractor shall have waived its rights to compensation for said change order.

Changes shall not invalidate the contract nor relea se the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These chang es which are for work within the general scope of the contract shall be covered by Change Orders issued b y the City. Change orders for altered work shall inc lude extensions of contract time where, in the Engineer’s opinion, such extensions are commensurate with the amount and difficulty of added work.

Excessive altered work shall be covered by suppleme ntal agreement that is subject to funding agency approval as applicable. If the City and the Contrac tor are unable to agree on a unit adjustment for an y contract item that requires a supplemental agreemen t, the City reserves the right to terminate the con tract with respect to the item and to make other arrangements for its completion.

For all changes, the City shall reasonably compensa te Contractor with money (including overhead and profit) and/or time for any Extra Work ordered by t he City to be performed; and the City shall receive a reasonable credit for money (including overhead and profit) and/or time saved by any deletion of work.

Changes by Contract Change Order, when ordered and accepted, shall be paid for in accordance with the terms of this Section 4-10 and Section 9-5, “Paymen t For Extra Work.”

4-11 Extra Work
The Contractor is prohibited from doing Extra Work, unless authorized in writing by Engineer before th e Extra Work is done. The Engineer should obtain auth orization from the Change Order Committee before agreeing to Extra Work requested by the Contractor. In the instances where it is necessary for the Ex tra Work to be done immediately, the City Engineer may authorize the Extra Work prior to taking the additions to the Change Order Committee. The Contr actor shall be responsible for submitting a cost breakdown documenting all labor, equipment, and mat erial costs used to complete the Extra Work in accordance with Section 9-5, “ Payment for Extra Wo rk”. The cost breakdown shall be submitted in a manner that is satisfactory to the Engineer and sha ll be submitted to the Engineer within thirty (30) days of completing the extra work. Upon review and acce ptance by the Engineer, the Change Order will be submitted to the Change Order Committee. If the Co ntractor does not submit any documentation within this time period the Engineer may move forward with issuing a Change Order to adjust the contract price.

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Payment for approved Extra Work shall be as approve d by the Change Order Committee. No additional payment is due for unauthorized Extra Work.

Unless otherwise specifically indicated in the Plan s or the Specifications, any work or responsibility of the Contractor set forth in the Specifications or o n the Plans and not set forth as a separate bid ite m shall be considered incidental or appurtenant to the work and full compensation for the cost thereof included in the various bid items of work. Such work or responsibility will in no case be considered as Extra Work.

When work is classified as Extra Work by the Engine er, the Contractor shall do such Extra Work and furnish labor, materials, and equipment therefor up on receipt of an approved Contract Change Order or other written order of the Engineer, and in the abs ence of such approved Contract Change Order or othe r written order of the Engineer, the Contractor shall not be entitled to payment for such Extra Work.

Extra Work, when ordered and accepted, shall be pai d for in accordance with the terms of this Section 4- 11 and Section 9-5, “Payment For Extra Work.”

4-12 Notices, Change Orders, and Claims
If the Contractor requests additional compensation, whether money or time, or otherwise believes that it is entitled to a modification of the Contract terms an d conditions, then Contractor shall follow the procedures for pursuing such requests that are spec ified herein, otherwise Contractor shall have faile d to pursue diligently and exhaust the administrative procedures set forth under this Agreement and shall have waived its rights to such pursue remedies under an y later attempts to recover such compensation or modification.

4-12.1 Definition of “Claim”
A “Claim” is a separate demand by the Contractor fo r (a) a time extension, (b) payment of money or damages arising from work done by, or on behalf of, the Contractor, payment of which is not otherwise expressly provided for or the claimant is not other wise entitled to, or (c) an amount the payment of w hich is disputed by the local agency. However, a “Claim ” does not include a proposed change order submitte d pursuant to these provisions since a proposed chang e order is a less formal procedure that is prelimin ary to a Claim in some instances. In addition, a “Clai m” does not include vouchers, invoices, progress payment applications, or other routine or authorize d forms of requests for progress payments on the Contract. The responsibility to substantiate Claims shall rest with the Contractor.

4-12.2 Initial Potential Claim Record Notice Requirements Contractor shall submit an Initial Potential Claim Record, which may also be referred to as a “Notice of Potential Claim” within five (5) days from the date of the Contractor becoming aware of the facts and/ or issue creating the Claim. The Initial Potential Cl aim Record shall contain a description by the Contr actor of the nature of claim, circumstances surrounding t he claim and basis of claim. Failure to timely sub mit an Initial Potential Claim Record shall act as a wa iver by Contractor of any right to later submit a proposed change order or pursue a Claim on that iss ue. Contractor acknowledges that these written notices are critical to the Owner’s management of t he project and the mitigation of project costs and scheduling. The City is not required to respond to the Initial Potential Claim Record, but may reques t additional information from the Contractor.

The Initial Potential Claim Record shall indicate w hether the subject item of the claim or the “disput ed work” is complete. After the Initial Potential Clai m Record the Contractor shall in most instances be required to file a Supplemental Potential Claim Record and a Full and Final Potential Claim Record.

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The Full and Final Potential Claim Record is requir ed within thirty (30) days of the disputed work bei ng completed or the filing of the Initial Potential Cl aim Record, whichever is later. The Full and Final Potential Claim Record is required unless the Engin eer, after receipt of the Supplemental Potential Cl aim Record or Full and Final Potential Record requires the Contractor submit the claim as a change order t o the Change Order Committee. See the following subs ection for a description of claims involving change orders or decisions by the City Change Order Committee.

Throughout the disputed work the Contractor shall m aintain records that provide a clear distinction between the incurred direct costs of disputed work and that of undisputed work. The contractor shall provide the Engineer access to the Contractor’s pro ject records deemed necessary by the Engineer to evaluate the potential claim upon request by the Engineer.

4-12.3 Claims Involving Change Orders
If Contractor disagrees with an approved change ord er issued pursuant to Section 4-10, “Changes,” then Contractor shall submit an Initial Potential Claim Record within five (5) days of being notified of th e approved change order.

The Contractor is also entitled to submit proposed change orders to the City of Visalia Change Order Committee pursuant to this Section 4-12.3 and Secti on 4-10. If Contractor otherwise believes that it is entitled to additional compensation for money and/o r time (including but not limited to grant of a tim e extension; payment of money or damages arising from work done by, or on behalf of, the Contractor, payment of which is not otherwise expressly provide d for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the local agency), then Contractor shall submit a proposed change order within thirty (30) days of (i) becomin g aware of the potential right to additional compensation, or (ii) the date by which it should h ave become aware of the potential right to addition al compensation. Failure to timely submit a proposed change order shall act as a waiver by Contractor of any right to later submit a proposed change order or Claim on that issue. The proposed change order shall indicate the grounds for the additional compensatio n (money and/or time) requested and the amount of compensation (money and/or time) requested, and Con tractor shall include all information supporting th e proposed change order. The proposed change order s hall be submitted to the City Change Order Committee for review. If the Contractor disagrees with the decision of the Change Order Committee then the Contractor shall submit an Initial Potential Cl aim Record within five (5) days of being notified o f the Change Order Committee decision.

If the Contractor was ordered by the Engineer to ha ve a claim reviewed by the Change Order Committee after filing a Supplemental Potential Claim or a Fu ll and Final Potential Claim and the Contractor disagrees with the Change Order Committee decision, then within five (5) days of being notified of the Change Order Committee decision the Contractor must file another Initial Potential Claim Record indicating the disagreement and referencing the pri or claim. Under this circumstance the Contractor i s not required and may not file another Supplemental Potential Claim or Full and Final Potential Claim Record and instead must proceed with the dispute re solution process described in Public Contract Code Sections referenced in these specifications.

4-12.4 Supplemental Potential Claim
Within fifteen (15) days of submitting the Initial Potential Claim Record, also known as the Notice of Potential Claim, the Contractor shall, unless an ex ception applies, submit a Supplemental Potential Claim Record. The Supplemental Potential Claim Record shall include the following:

a. The Complete nature and circumstances causing the potential claim. b. A description of the Contract Documents that support the basis of the claim.

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c. The estimated claim cost and an itemized breakdown of individual costs stating how the estimate was determined.

The Engineer shall review the Supplemental Potential Claim and should provide an initial response within thirty (30) days of receiving the Contractor’s subm ittal. The Engineer may request additional time to respond if necessary. If the nature, circumstances , and basis of the claim have not been reviewed by the Change Order Committee, then the Engineer may requi re the claim be submitted to the Change Order Committee as a change order request. The Engineer shall otherwise respond to the Contractor that the Supplemental Claim has been received and state the Contractor should file a Full and Final Potential Claim Record when the disputed work is completed. If the Engineer does not respond the Contractor is required to file the Full and Final Potential Claim Record when the disputed work is completed.

If the Engineer, after receipt of the Supplemental Potential Claim Record requires the Contractor submit a change order request to the Change Order Committee, then no Full and Final Potential Claim Record is required. If referred to the Change Order Committe e after filing a Supplemental Potential Claim Recor d and the Contractor disagrees with the Change Order Committee decision then the Contractor shall notify the Engineer of the disagreement and the Contractor ’s intent to file continue the claim under the Publ ic Contract Code. The Contractor is then required to comply with the dispute resolution procedure described in Public Contract Code Sections referenc ed in these specifications. See Section 4-12.6 – 4 -

12.7. The Supplemental Potential Claim Record is not requ ired if the disputed work has already been completed or is completed within fifteen (15) days of the Contractor filing the Initial Potential Clai m Record. In these circumstances the Contractor shal l notify the Engineer when the disputed work was completed and file the Full and Final Potential Cla im Record within thirty (30) days of the completion of the disputed work.

4-12.5 Full and Final Potential Claim Record
The Contractor shall notify the Engineer that the d isputed work is completed within ten (10) days of t he disputed item being completed.

The Contractor shall, within thirty (30) days of th e completion of the disputed work or thirty (30) da ys from submitting an Initial Potential Claim Record, whichever is later, submit a Full and Final Potenti al Claim Record which shall contain the following:

1. A detailed factual account of the events causing the potential claim, including:

1.1. Pertinent dates

1.2. Locations

1.3. Work items affected by the potential claim

2. The Contract Documents supporting the potential claim and a statement of the reasons these parts support entitlement

3. If a payment adjustment is requested, an itemize d cost breakdown. Segregate costs into the following categories:

3.1. Labor, including:

3.1.1. Individuals

3.1.2. Classifications

3.1.3. Regular and overtime hours worked

3.1.4. Dates worked

3.2. Materials, including:

3.2.1. Invoices
Engineering Standard Specifications August 5, 2013 27

3.2.2. Purchase orders

3.2.3. Location of materials either stored or incor porated into the work

3.2.4. Dates materials were transported to the job site or incorporated into the work

3.3. Equipment, including:

3.3.1. Detailed descriptions, including make, model , and serial number and the Model and Code reference listed in the Caltrans Labor Surcharge an d Equipment Rental Rates book in effect when the work was performed

3.3.2. Hours of use

3.3.3. Dates of use

3.3.4. Equipment costs (hourly rates and total cost s)

4. If a time adjustment is requested:

4.1. Dates for the requested time.

4.2. Reasons for a time adjustment.

4.3. Contract documentation supporting the requested time adjustment.

5. Identification and copies of your documents and copies of communications supporting the potential claim, including certified payrolls, bills, cancelled checks, job cost reports, payment records, and rental agreements

6. Relevant information, references, and arguments that support the potential claim

The City shall not consider a Full and Final Potent ial Claim Record that does not have the same nature , circumstances, and basis of claim as those specifie d in the Initial Potential Claim Record and Supplemental Potential Claim Record, if the Supplemental Record was required to be filed.

The Engineer should evaluate the information presen ted in the Full and Final Potential Claim Record an d furnish the Contractor with a response within thirt y (30) days of receipt. The Engineer’s receipt of the Full and Final Potential Claim Record must be evide nced by postal return receipt or the Engineer’s written receipt if delivered by hand.

The Engineer may either respond to the Contractor c oncerning the Final Claim, or if the nature, circumstances, and basis of the claim have not been reviewed by the City Change Order Committee, the Engineer may require the Contractor submit the matt er to the City Change Committee as a change order request. The Contractor, if referred to the Change Order Committee but not satisfied with the decisio n of the Change Order Committee, must notify the Engineer of their intent to file continue the claim under the Public Contract Code and proceed with the dispute r esolution procedure required under the Public Contract Code Sections referenced in these specifications.

If the Contractor is not satisfied with the respons e by the Engineer, then the Contractor may proceed with the dispute resolution procedures set forth in the Public Contract Code Sections referenced in these specifications.

4-12.6 Procedures for Claims Less than or Equal to $375,000 (Public Contract Code §20104.2)

The Contractor is required to comply with the admin istrative claim process described above, and if the matter is not resolved, then the Contractor is requ ired to comply with the dispute resolution process set forth in Public Contract Code Sections 20104-20104.6.

If the Contractor disputes the response of the Engi neer to the Contractor’s Full and Final Potential C laim Record, or if the Contractor filed a claim and was ordered by the Engineer to submit a change order request to the City’s Change Order Committee but th e Contractor disputes the decision by the Change Engineering Standard Specifications August 5, 2013 28

Order Committee then the Contractor shall notify th e Engineer of their disagreement and that they inte nd to file a claim pursuant to Public Contract Code Section 20104.2.

The Contractor’s Full and Final Potential Claim Rec ord or submission to the Change Order Committee will not be considered a claim under the Public Con tract Code although the Contractor may reference or utilize prior submissions in its Public Contract Co de claim. Claims under the Public Contract Code mu st comply with all Public Contract Code requirements, including being made in writing and include the documents necessary to substantiate the claim by the Contractor.

The claim must be filed on or before the date of th e final payment to the Contractor by the City. In instances where a decision by the City Change Order Committee on a change order request is after the final payment to the Contractor, then the Contracto r has ten (10) days from the date the Change Order Committee notifies the Contractor of its decision t o file the claim under the Public Contract Code or the time period permitted under the California Civil Co de to file an effective stop payment notice, whiche ver is longer. Currently the time period for effective stop payment notice is found in California Civil C ode Section 9356.

A. Claims Less Than $50,000
For Claims of less than fifty thousand dollars ($50,000), the City 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 City may have against the Contractor.

If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and Contractor.

The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 15 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.

B. Claims Over $50,000 And Less Than $375,000
For claims over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy- five thousand dollars ($375,000), the City 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 City may have against the Contractor.

If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and Contractor.

The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.

C. Meet And Confer
If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, Engineering Standard Specifications August 5, 2013 29

respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. The City Manager, or the City Manager’s designee and the Engineer will meet with the Contractor. The conference may take place during regularly scheduled project meetings.

D. Government Code Claims
Following the meet and confer conference, if the Claim or any portion remains in dispute, the Contractor must 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 (a “Government Code Claim”). The process of f iling of a Government Code Claim is specifically required in addition to the contractual claims process in these Standard Specifications; such contractual claims process described above does not act as a substitute for the Government Code Claim process, and the two procedures shall be sequential.

Failure to timely file a Government Code Claim shall act as complete waiver by Contractor of the disputed item. The Government Code Claim shall be handled by Contractor and City as required by the Government Code, commencing with Section 900. For purposes of the applicable Government Code provisions, the running of the period of time within which a Government Code Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to this Section 4-12 until the time that such Claim is denied as a result of the meet and confer process in Section 4-12.5.C, including any time utilized by such meet and confer process.

4-12.7 Procedures for Claims Over $375,000
Claims over $375,000 shall be handled by Contractor and City in the same manner as Claims of $375,000 or less (see Section 4-12.6, “Procedures for Claims Less Than or Equal to $375,000), except that City shall (a) respond in writing to all written Claims within 90 days of receipt of the Claim, or may request, in writing, within 45 days of receipt of the Claim, an y additional documentation supporting the Claim or relating to defenses to the Claim the Owner may hav e against the Contractor, and (b) respond within 45 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.

4-12.8 Closeout Meet and Confer
Before the submission of a final payment applicatio n, Contractor may request a closeout meet and confe r session with the City to discuss any previously sub mitted Claims that the City did not grant in full. City is under no obligation to meet and confer, but may in its discretion choose to do so. Nothing related to this closeout meet and confer process tolls the run ning of the period of time for Contractor to presen t a Government Code Claim pursuant to Sections 4-12.6, “Procedures for Claims Less Than or Equal to $375,000,” and 4-12.7, “Procedures for Claims Over $375,000.”

4-12.9 Continuing Contract Performance
Despite submission or rejection of a Claim, the Con tractor shall proceed diligently with performance o f the Contract as directed by City, and the City shal l continue to make any undisputed payments in accordance with the Contract.

4-13 Interim Cleanup and Liability for Failure to Provide During the construction of the project, the Contrac tor shall provide periodic cleanup as the work progresses, such cleanup to be accomplished as soon as practicable and as public necessity and convenience require, as determined by the Engineer. Contractor is to avoid creating hazards to the pu blic or visual blight. In general, daily interim cleanu p will be required. Daily cleanup during construct ion Engineering Standard Specifications August 5, 2013 30

shall include, but not be limited to, the removal o f all excess soil and other materials or debris fro m the construction area, and sweeping and cleaning of affected streets.

If the Engineer orders Contractor to provide cleanu p work on the jobsite and the Contractor fails to provide the ordered cleanup measures within a reaso nable time period as determined by the Engineer, then the Engineer may enforce a penalty of Two Hund red Fifty Dollars ($250.00) for each calendar day that elapses from the time the penalty is ordered u ntil the cleanup measures ordered by the Engineer a re completely carried out. Penalty may not exceed One Thousand Dollars ($1,000.00) although City may add cleanup costs incurred by the City. Such penal ty shall be deducted in accordance with Section 9-9 , “Stop Notices; City’s Right To Withhold Payments,” from any monies owed the Contractor, or levied as a fine in the case of non-public work. In addition t o the penalty specified above, the Engineer may or der other forces to provide interim cleanup. The full cost thereof, in addition to the penalty as herein provided, shall be deducted from any monies owed th e Contractor or shall be levied as a fine.

Alternatively if City Municipal Codes are violated the Contractor may be subject to a code enforcement action and separate penalty under those provisions.

Full compensation for cleanup during construction shall be included in the prices bid for the various items of work; no separate payment will be made therefor.

4-14 Detours
Detours installed or constructed by the Contractor around the work or any portions thereof, whether requested by the Contractor or required by the Plans or the Specifications for use by traffic shall conform to Sections 7-17, “Public Convenience,” 7-18, Publi c Safety,” and Section 12, “Traffic Control; Construction Area Traffic Control Devices.” Unless otherwise specified in the Contract Specifications , payment for installing and removing detours shall b e included in the price bid for Traffic Control, or if there is no bid item, included in the various bid i tems of work. No additional payment will be made therefor. The Contractor shall be aware that detou rs which pass through jurisdictions other than the City of Visalia may be subject to special requirements b y those jurisdictions. Any costs thereof shall be paid for by the Contractor.

When traffic is routed through the work, provisions for a passageway through construction operations shall also conform to the foregoing Sections, but w ill not be considered as detour construction or det our maintenance. This work shall conform to and be pai d for as provided in Section 7-17, "Public Convenience," unless otherwise specified in the Contract Specifications.

In accordance with Section 8-11, “Temporary Suspens ion of Work,” the failure or refusal of the Contractor to construct and maintain detours at the proper time or route traffic through the works as required shall be sufficient cause for closing down the work until the detours or rerouting are in satisfactory condition for use by traffic.

Any damage caused by the Contractor’s operations or by traffic to detours installed solely for the convenience of the Contractor and not required by t he Plans, Specifications, or the Engineer, shall be promptly repaired by the Contractor to the satisfaction of the Engineer at the Contractor’s expense.

The Contractor must obtain written authorization fr om the City of Visalia prior to implementing a deto ur installed for the convenience of the Contractor.

4-15 As-Built Plans
The Contractor shall prepare and submit to the City a complete set of As-Built Plans documenting all changes and deviations from the Project Plans. The As-Built Plans shall be the same size and scale as the Engineering Standard Specifications August 5, 2013 31

original Plans and all changes or modifications tha t were made during the course of construction shall be clearly drawn to scale on the plans in red and noted on the plans in red. The As-Built Plans shall note any proposed improvements that were not constructed wit h the project and any other items that may be deemed necessary by the Engineer. The As-Built Plans shall also show the locations and depths of all the existing utilities located during construction. Th e As-Built Plans must be submitted to the City and approved by same prior to the request for final pay ment. Payment for the “As-Built Plans” and all rela ted costs shall be considered as included in the total Contract price paid for the various items of work a nd no additional compensation provided.

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SECTION 5 CONTROL OF WORK
5-1 Authority of the Engineer
The Engineer shall decide all questions which may a rise as to the quality or acceptability of material s furnished and work performed and as to the manner o f performance and rate or progress of the work, all questions which may arise as to the interpretation of the Plans and Specifications, all questions as t o the acceptable fulfillment of the Contract on the part of the Contractor, and all questions as to compensa tion, including any claims and change orders under Sectio n 4-10, “Changes,” Section 4-12, “Notices, Change Orders, and Claims,” and Section 9-5, “Payment for Extra Work.” The Engineer's decision shall be fina l and binding upon the Contractor. The Engineer shall also have the authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly. In accordance with Section 5- 17, “Inspection during Construction; Meetings,” the Engineer will delegate authority to representative inspectors to assure compliance with Plans and Specifications.

5-2 Standards
The Engineer shall establish such standards as may be necessary for the proper construction of a finis hed product. In the absence of specific standards, rec ognized standards of construction or approved pract ices shall govern the work.

5-3 Contractor’s Responsibility for the Work
Except as specifically provided in these Standard S pecifications, until the formal acceptance of the w ork by the City Council, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from execution or from the non-execution of the work. T he Contractor shall rebuild, repair, restore and ma ke good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the Federal Government or the public enemy. The Ci ty shall not be held responsible for the care or protection of any material or parts of the work pri or to final acceptance, except as expressly provide d in the Specifications.

The Contractor shall comply with the requirements o f Sections 5-9, “Preservation of Property,” and Section 7-16, “Injury or Damage to Persons or Prope rty.”

5-4 Contractor’s Equipment
The Contractor shall provide adequate and suitable equipment and means of construction to meet all the requirements of the work. When ordered to do so by the Engineer, the Contractor shall remove unsuitable equipment from the work and discontinue the operati on of unsatisfactory equipment. The use of any equipment which is obsolete as to type, in bad condition, or worn out will not be permitted on the work.

5-5 Suitable Methods
The Contractor shall use such methods for the perfo rmance of the work embraced under these Specifications as will secure a satisfactory quality of work and rate of progress. Such methods shall meet the approval of the Engineer, and shall be submitte d for approval before being used on the work. The Engineer reserves the right, during the progress of the work, to make suggestions and revisions in the methods in order that a high quality of work and sa tisfactory rate of progress may be obtained. When ordered by the Engineer, the Contractor shall discontinue unsuitable methods of work.

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5-6 Order of Work
Where required by the Plans or Specifications, the Contractor shall follow the sequence of operations as set forth therein.

Full compensation for conforming to those requireme nts will be considered as included in the prices pa id for the various contract items of work and no additional compensation will be allowed therefor.

5-7 Superintendence and Personnel
The Contractor shall designate in writing before st arting work, an authorized representative who shall have the authority to represent and act for the Con tractor, to receive suggestions or direction from t he Engineer or Inspector and to see them faithfully ex ecuted. The Contractor shall provide the name, address, and phone number of each such superintende nt or foreman so designated. When the Contractor is comprised of 2 or more persons, firms, partnersh ips or corporations functioning on a joint venture basis, the Contractor shall designate in writing be fore starting work, the name of one authorized representative who shall have the authority to represent and act for the Contractor.

The authorized representative shall be present at t he site of the work at all times while work is actu ally in progress on the contract. When work is not in prog ress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required.

Whenever the Contractor or the Contractor's authorized representative is not present on any particular part of the work where it may be desired to give direction, orders will be given by the Engineer which shall be received and obeyed by the superintendent or forema n who may have charge of the particular work in reference to which the orders are given. All super intendents, foreman or other personnel responsible for coordinating with City Staff shall be capable of sp eaking and communicating fluently in English. If n o one is available at the site that can communicate w ith staff, the City shall have the right to suspend the work until an individual able to effectively communicate arrives. All costs due to this suspension of work shall be at the expense of the Contractor.

If any subcontractor, workman, or person employed b y the Contractor shall fail or refuse to carry out the directions of the Engineer, or shall appear to the Engineer to be incompetent or to act in a disorderl y or improper manner, that person shall be removed from the work immediately upon notice by the Engineer and may not be employed again on the work.

All work shall be under general observation and inspection of the Engineer or the Inspector and any wo rk done without the sanction or presence of the Engineer or Inspector will be subject to rejection.

5-8 Emergency Availability
The Contractor shall furnish to the Engineer, prior to the issuance of a "Notice to Proceed," a list o f persons (minimum of 2 persons), together with their addresses and 24-hour telephone numbers, who are authorized to act on behalf of the Contractor in an emergency arising out of conditions at the work si te after normal working hours. The Contractor shall c onform to the requirements in Section 7-18, “Public Safety.”

5-9 Preservation of Property
In accordance with Sections 5-3, “Contractor’s Resp onsibility For Work,” and 7-16, “Injury or Damage t o Persons or Property,” the Contractor shall be liabl e for any and all damage done to any public or priv ate property, structure, facility or improvement due to his operations. Due care shall be exercised to av oid injury to existing street improvements or facilitie s, roadside trees and landscaping that are not to b e removed, pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, Engineering Standard Specifications August 5, 2013 34

pipelines under or above ground, all street facilit ies, and any other improvements or facilities withi n or adjacent to the work area, or on private property a djacent to the work area, and all such facilities s hall be protected from injury or damage. The Contractor sh all provide and install suitable, approved safeguar ds to protect property or improvements from injury or damage.

If property or improvements are injured or damaged by reason of the Contractor's operations, they shal l be replaced or restored to a like new condition in accordance with the Specifications and Contract Documents under this Contract. In certain cases, w here the Contractor damages an existing facility su ch as a curb return and or landing, the Engineer may r equire the Contractor at his expense to reconstruct the return to meet current Americans with Disabilities Act (ADA) requirements and standards.

The Engineer may make or cause to be made such temp orary repairs as are necessary to restore to service any damaged facility. The cost of such repairs sha ll be borne by the Contractor and may be deducted b y the City from any monies due or to become due to the Contractor under the Contract.

5-10 Protection of the Work
The Contractor shall provide and maintain proper ba rricades, fences, signal lights or watchmen to properly protect the work, persons, animals, and property against injury. The cost of such protection shall be included in the amount bid for the various items of work.

In accordance with Section 7-18, “Public Safety,” t he Engineer reserves the right to remedy any situation, condition, or neglect on the part of the Contractor as regards the protection of the work, the public, or property and to deduct the cost of such remedy from money due the Contractor, or levy as a fine in the case of non-public work.

5-11 Rights of Way
The City will provide the right of way for the work to be constructed as shown on the Plans. The Contractor shall bring all areas within temporary c onstruction easements to a condition at least equal to that existing prior to their use, to the satisfacti on of the Engineer. The Contractor shall not occup y property outside the right-of-way shown on the Plans, except by written agreement with the owner of said property, a copy of which shall be provided the Engineer.

Nothing in these Standard Specifications shall be c onstrued 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 wi th any agreement between the owner, former owner, or tenant of such land, structure or building.

5-12 Disposal of Material Outside the Right of Way
The Contractor shall make arrangements for the lega l disposal of non-hazardous materials outside the right of way and shall pay all costs involved. Dis posal of hazardous material shall be handled in accordance with Section 7-14, “Trenches and Excavat ions; Hazardous Waste.” The Contractors shall comply with the applicable diversion and recycling requirements of the City of Visalia Municipal Code for all materials disposed of outside of the right of way.

When any material is to be disposed of outside the right of way, the Contractor shall first obtain a w ritten permit from the property owner on whose property th e disposal is to be made and shall file with the Engineer said permit or a certified copy thereof. When material is disposed of as above provided, the Contractor shall conform to all requirements of the City Municipal Code pertaining to grading, hauling and filling of earth, including any permits or bond s so required. Hauling of any materials from the w ork site shall conform to the provisions in Section 6-12, “Materials Hauling.” Engineering Standard Specifications August 5, 2013 35

The contractor shall clean up and dispose of all ex cess materials and other debris in any right of way or ground occupied by him and shall restore utilities and improvements on public or private property that has been used or damaged by his operations. Full compe nsation for all costs involved in disposing of materials as specified in this Section 5-12, includ ing all costs of hauling and any landfill or other fees, shall be considered as included in the price paid f or the Contract items of work involving such materi als and no additional compensation will be allowed ther efor. No additional payment will be granted the Contractor for inconvenience or delays encountered in complying with the requirements of this Section 5-

12. 5-13 Electric And Water Service
The Contractor shall provide and pay for electric s ervice for power and lighting required for the construction of the work of the Contract and shall maintain such service until the completion of the Contract.

The Contractor shall make all arrangements for secu ring any water necessary for the performance of the work. Water will be available from fire hydrants pr ovided a permit and meter are obtained from the California Water Service Company. The Contractor sh all be responsible for any fees imposed by the California Water Service Company for the Construction Water.

Water taken from a source other than the California Water Service Company system shall be approved by the Engineer in advance. Such water shall be chemically and biologically suitable for the intended use.

In conformance with the City of Visalia Landscape S tandards and Specifications, the water supply for landscape planting and irrigation systems shall be provided by the Contractor in accordance with said document.

All costs for furnishing electric service and water , including water consumed for landscape irrigation and irrigation system testing, shall be included in the various related bid items of work; no additional payment will be made therefor.

5-14 Construction Surveying/Staking
For Non-Public projects the individual, group, or e ntity constructing the improvements will be responsible for providing the construction surveyin g/staking, and will be responsible for all costs associated therewith.

Unless otherwise specified in the Special Provisions, construction surveying and staking shall be provided by the City Surveying crew for City of Visalia Public projects.

Surveying and staking shall be conducted only by, o r under the immediate supervision of, a person licensed by the State of California to practice Lan d Surveying. Surveying shall conform to the qualit y and practice required by the Engineer.

Where the City provides construction staking the ex act locations of construction work will be indicate d by the City of Visalia with location stakes when ne cessary. The Contractor shall not commence any construction without such stakes in place. The Cont ractor shall pay for all re-staking required should any stakes be lost or damaged. The Contractor shall make all requests for construction staking in writing to the City of Visalia, a minimum of seventy-two (7 2) hours, not including weekends and holidays, in advance of the requested staking needed.

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The Contractor shall immediately inform the Enginee r in writing of any discrepancies discovered during the course of the work between the Plans and the co nstruction staking, and the Engineer shall promptly verify the same. Any work done after such discover y, until authorized, will be done at the Contractor 's risk.

Three consecutive points set on the same slope shall be used together so that any variation from a str aight grade can be detected. Any such variation shall be reported to the Engineer. Any deviation of constructed facilities from the grades shown on the Plans and staked in the field shall be the responsibility of the Contractor.

Grades for underground conduits will be set at the surface of the ground and the Contractor shall be responsible for transferring such grades to the bottom of the trench.

The Contractor shall preserve property line markers , corner survey markers, and benchmarks except where their destruction is unavoidable when the Con tractor is proceeding in accordance with accepted practice. The Contractor shall contact the City Su rveyor, Jeff Land, at (559) 713-4630, 72 hours, not including weekends and holidays, prior to disturbin g any survey markers/benchmarks. Markers that are lost or disturbed by Contractor’s operations shall be replaced at the Contractor's expense by a person appropriately licensed by the State of California f or Land Surveying. Corner records for replaced monuments shall be filed with the County Surveyor p rior to the final payment being made and/or the Notice of Completion being issued. All work to res tore lost or disturbed markers shall be at the expe nse of the Contractor. The Contractor shall comply wit h the provisions in Section 37-2, “Survey Monuments.”

The costs for replacing any survey markers/monuments damaged or removed during construction shall be included in the amount bid for the various items of work; no separate payment will be made therefor.

5-15 Cooperation
The Contractor shall cooperate in all respects with all public and private agencies, including, but no t limited to, Irrigation Districts, Caltrans, Railroa ds, Schools & School Districts, California Water Se rvice Co., Cable TV and Telephone Companies, Southern Cal ifornia Edison Co., the Visalia City Storm, Sewer, Parks, Solid Waste, Streets, Transit and Tra ffic Divisions and the respective Fire and Police Departments

The Contractor shall comply with the provisions in Section 8-15, “Utility and Non-Street Facilities; Potholing.” Should construction be under way by o ther forces or by other contractors within or adjac ent 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 c ooperate with all the other contractors or other fo rces to the end that any delay or hindrance to their work w ill be avoided. The right is reserved to perform o ther or additional work at or near the site (including material sources) at any time, by the use of other forces.

When 2 or more contractors are employed on related or adjacent work, or obtaining materials from the same material source, each shall conduct their oper ations 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 al l damage to work, to persons or property caused to th e other by their operations, and for loss caused th e other due to unnecessary delays or failure to finish the work within the time specified for completion.

5-16 Maintaining Drainage
The Contractor shall provide and maintain drainage to the area of work. Temporary provisions for drainage of any area during construction where exis ting drainage facilities have been damaged or alter ed Engineering Standard Specifications August 5, 2013 37

or where normal drainage patterns of adjacent areas will be interrupted by the Contractor during his operations, shall be made by the Contractor and as directed by the Engineer.

The Contractor shall be responsible for diverting d rainage around all proposed improvements during construction until the proposed improvements are ac cepted by the City. Any damage or additional costs incurred due to the failure of the Contractor to provide adequate drainage/divert drainage shall be repaired and paid for by the Contractor.

The Contractor shall be responsible for all damages to public or private property upstream or downstream of the work incurred due to failure to provide adeq uate drainage within and through the construction a rea or due to blockage of existing drainage facilities or pathways at or upstream from the area of work, o r for re-routing flows to areas not historically receiving such drainage.

In the performance of Maintaining Drainage, the Contractor shall comply in all respects with Section 7 -7, “Water Pollution Prevention.”

The costs for Maintaining Drainage by the Contracto r shall be included in the amount bid for the vario us items of work; no separate payment will be made therefor.

5-17 Inspection During Construction; Meetings
As provided in Section 5-1, “Authority of the Engin eer,” the Engineer will delegate authority to a representative Inspector who shall at all times hav e access to the work during construction and shall be furnished with every reasonable facility for ascert aining full knowledge relative to the progress, workmanship, and character of materials used and em ployed in the work. Prior to construction the Contractor shall be responsible for verifying all i tems that require inspection, sampling, and testing with the City Inspector. The Contractor shall be respon sible for providing construction personal to assist the Inspector with completing inspection activities whe n requested. The Contractor shall provide faciliti es necessary to ensure the safety of the Engineer, Cit y inspectors, and the personnel of authorized testi ng laboratories as appropriate. The City and its agen ts, employees, inspectors and testing laboratories may videotape, audiotape, or photograph any aspect of t he Work or Contractor’s activities as part of their documentation of the project and certain issues.

Whenever the Contractor varies the day, or period o f the day, during which work is performed, he shall give due notice to the Engineer or Inspector so tha t proper inspection may be provided. Any work done in the absence of the Engineer or Inspector is subject to rejection.

For non-public work conducted under a City Permit, contact the City of Visalia Community Development Department regarding inspection fees and re-inspect ion fees. Such fees shall be applied in accordance with the fee schedule in effect at the time of permit issuance.

The inspection, approval and/or acceptance of the work shall not relieve the Contractor of any obligations to fulfill the Contract as prescribed. Defective w ork shall be made good and unsuitable materials may be rejected, even if unsuitable materials may have bee n previously overlooked by the Engineer or Inspecto r and accepted, or estimated for payment.

Projects financed in whole or in part with funds fr om sources other than the City shall be subject to inspection at all times by the agency providing said funds or its authorized agent.

Should a situation occur where an inspector is requ ired to remain on site to inspect construction acti vities after normal working hours, the Contractor will be charged the full City hourly overtime rate for the Engineering Standard Specifications August 5, 2013 38

inspector. Should a Contractor request to work hou rs outside of normal working hours and should this request be granted the Contractor will be charged t he full City hourly overtime rate for the inspector unless approved otherwise by the Engineer in writing. These charges will be deducted from the price paid to the Contractor in the case of a Public project. These charges will be levied as a fine in the case of a Non-Public project.

The Contractor shall coordinate with the City’s Pub lic Works Inspector during all phases of constructi on.

The Inspector shall be notified a minimum of forty-eight (48) hours in advance to when an inspection is needed not including weekends and holidays.

When specified in the Special Provisions, the Contr actor shall be required to attend meetings with the City at the frequency noted to review the construct ion progress and all construction issues. At the Engineer’s option, the City may prepare minutes for each meeting and forward them to Contractor; Contractor’s failure to correct the minutes within two (2) working days shall be deemed agreement with the content of the minutes. Either party has the right to audiotape or videotape the meeting.

5-18 Differing Site Conditions
During the progress of the work, if subsurface or l atent physical conditions are encountered at the si te differing materially from those indicated in the co ntract or if unknown physical conditions of an unus ual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering those conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. If you fail to promptly notify the Engineer, you waive the differing site condition claim for the period betwe en your discovery of the differing site condition a nd your notification to the Engineer. If you disturb the site after discovery and before the Engineer's investigation, you waive the differing site condition claim.

Upon written notification from the Contractor, the Engineer will investigate the conditions, and if th e Engineer determines that the conditions materially differ and cause an increase or decrease in the cos t or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of the Engineer's determinati on whether or not an adjustment of the contract is warranted. No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

No contract adjustment will be allowed under the pr ovisions specified in this section for any effects caused on unchanged work.

Any contract adjustment warranted due to differing site conditions will be made in conformance with th e provisions in Section 4-10, "Changes," and Section 4-12, “Notices, Change Orders, and Claims.”

5-19 Removal of Defective or Unauthorized Work
All work which is defective in its construction or deficient in any of the requirements of the contrac t documents shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such correction.

Whenever the Contractor varies the period during wh ich the work is carried out each day, he shall give due notice to the Engineer, or Inspector, so that p roper inspection may be provided. Any work done in the absence of the Engineer or Inspector will be su bject to rejection and no compensation will be allo wed therefor.

Engineering Standard Specifications August 5, 2013 39

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

5-20 Surface Restoration
The Contractor shall replace all graded surface material adjacent and/or appurtenant to the work removed, disturbed, or damaged by the Contractor’s operation s, and shall restore paving, curbing, sidewalks, gutters, landscaping, fences, lawn and other surfaces disturbed, to a like new condition in accordance with the Specifications or Plans, and shall furnish all labor and material incidental thereto. Where bid i tems are not provided for each type of restoration, full compensation therefor shall be included in the amo unt bid for the various items of Contract work. The Con tractor shall comply with the provisions Section 19 -

3.5, “Restoration of Surfaces.”

5-21 Final Cleanup
When construction is substantially complete, and pr ior to application for acceptance of the work, the Contractor shall clean all work areas and all groun ds occupied by him in connection with the work of a ll debris, excess materials, temporary structures and equipment. All portions of the work shall be left in a neat, presentable condition. The roadways in which construction operations have been accomplished, as well as all haul roads upon which spillage has occurred, shall be swept clean, as directed by the Engineer.

Roads adjacent to construction activity which have received dirt or debris tracked from the constructi on area shall also be swept and cleaned. Upon complet ion of Final Cleanup, the Contractor shall notify t he Engineer in writing that the work is substantially complete in all parts and requirements and ready fo r final inspection as provided in Section 5-22, “Fina l Inspection.”

If the Contractor fails to provide Final Cleanup to the satisfaction of the Engineer, a final inspecti on will not be performed by the Engineer until such cleanup is provided. If the contract time is exceeded due to the Contractor’s failure to provide, or is late in providing, the required final cleanup, the provisio ns of Section 8-9, “Liquidated Damages,” will be applied.

All costs for providing Final Cleanup shall be incl uded in the various bid items of work; no additiona l payment will be made therefor.

5-22 Final Inspection
Whenever the Work provided and contemplated by the Contract is substantially complete, and all requirements have been met, and the final cleanup p erformed in accordance with Section 5-21, “Final Cleanup,” the Contractor shall request in writing a final inspection be made by the Engineer. The wri tten request shall include a statement that the Work has been completed in all parts and requirements of th e Contract. For projects involving landscaping and i rrigation systems, the maintenance period provision s listed in the City of Visalia Landscape Standards and Specifications apply.

The Engineer will determine the adequacy of the fin al cleanup, and if found not to be in compliance wi th said Section 5-21, will not make the final inspecti on and instead direct the Contractor to perform additional cleanup as required until compliance is reached.

Upon making a determination that the final cleanup is in compliance with said Section 5-21, the Engineer will conduct a final inspection. Representatives f rom various City Departments as well as other agenc ies who will own, operate, and maintain the improvement s constructed by the Contractor will participate in the final inspection. The inspection should be com pleted within fifteen (15) working days. The time required by the Engineer and others to conduct the final inspection will not be counted against the allotted time for completion of the contract.

Engineering Standard Specifications August 5, 2013 40

Upon completion of the final inspection, a list of items needing correction to comply with the contrac t documents, if any, will be provided by the Inspecto r or Engineer to the contractor. The time required to make such corrections will be charged against the a llotted time for completion of the Contract. The Contractor shall notify the Inspector when the corr ections have been completed and are ready for inspeciton.

Failure to complete the work in all parts and requi rements of the contract including providing Final Cleanup in a timely manner to allow sufficient time to accomplish corrective work, any of which result s in an overrun in contract time, the provisions of Section 8-9, “Liquidated Damages,” will be applied.

5-23 Guarantee of Workmanship
In conformance with Sections 3-5, “Materials Statem ent, Samples and Guarantees,” 6-10, “Guarantee of Materials,” and 7-23, “Guarantee,” the Contractor s hall guarantee all materials, equipment and workmanship of the installation and Work for a peri od of one year from the recordation date listed on the recorded Notice of Completion approved by the City Council. Additional longer guarantees may be required by the Specifications. Should any materia l or appliance or any work develop any defect or weakness due, in the opinion of the Engineer, to th e use of imperfect materials, equipment or workmanship, or failure to follow the Contract, inc luding the Plans and Specifications, the Contractor shall be notified within the time period of the Gua rantee, and shall immediately perform, at Contracto r’s expense, the necessary repairs or replacements to m ake the defective item or items suitable and satisfactory. Expiration of the Guarantee time period shall not void an obligation of the Contractor which is based on a timely notice by the City. Should ex igencies necessitate the repairs before the Contrac tor could be notified, or should the Contractor refuse to make the repairs or replacements within a reason able period of time, the Engineer shall have the right t o make the necessary repairs or replacements at the expense of the Contractor, preserving as far as possible all available evidence of the cause of failure.

This guarantee provision applies to all work perfor med in City right of way or property, whether by contract with the City or work performed under Encroachment Permit by or for utility or communications companies or other private entities. For work done under Encroachment Permit, failure to correct or p ay for defective workmanship or materials may result i n denial of future permits to perform work in City rights of way or property.

All costs for providing the required Guarantees of Workmanship shall be included in the various bid items; no additional payment will be made therefor.

5-24 Cost Reduction Incentive
The Contractor may submit to the Engineer, in writi ng, proposals for modifying the Plans, Specifications, or other requirements of the contract for the sole purpose of reducing the total cost of construction. The cost reduction proposal shall not impair, in any ma nner, the essential functions or characteristics of the project, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards.

Cost reduction proposals shall contain the following information:

A. A description of both the existing Contract require ments for performing the work and the proposed changes.

B. An itemization of the contract requirements that must be changed if the proposal is adopted.

Engineering Standard Specifications August 5, 2013 41

C. A detailed estimate of the cost of performing the w ork under the existing contract and under the proposed change. The estimates of cost shall be de termined in the same manner as if the work were to be paid for on a force account basis as pro vided in Section 9-1.04, "Force Account," of the State Standard Specifications.

D. A statement of the time within which the Engineer must make a decision thereon.

E. The contract items of work affected by the proposed changes, including any quantity variation attributable thereto.

The provisions of this Section 5-24 shall not be co nstrued to require the Engineer to consider any cos t reduction proposal which may be submitted hereunder; proposed changes in basic design of a bridge or of a pavement type will not be considered as an accept able cost reduction proposal; and the City will not be liable to the Contractor for failure to accept or act upon any cost reduction proposal submitted pursuant to this section nor for any delays to the work attribu table to any cost reduction proposal. If a cost re duction proposal is similar to a change in the Plans or Spe cifications under consideration by the City for the project at the time the proposal is submitted, or i f the proposal is based upon or similar to these Specifications, the Contract Documents or Standard Drawings adopted by the City after the advertisement for the contract, the Engineer will not accept the proposal, and the City reserves the right to make t he changes without compensation to the Contractor under the provisions of this section.

The Contractor shall continue to perform the work i n accordance with the requirements of the contract until an executed change order, incorporating the c ost reduction proposal has been issued. If an exec uted change order has not been issued by the date upon w hich the Contractor's cost reduction proposal specifies that a decision thereon should be made, o r such other date as the Contractor may subsequentl y have specified in writing, the cost reduction proposal shall be deemed rejected.

The Engineer shall be the sole judge of the accepta bility of a cost reduction proposal and of the esti mated net savings in construction costs from the adoption of all or any part of the proposal. In determinin g the estimated net savings, the right is reserved to dis regard the contract bid prices if in the judgment o f the Engineer, those prices do not represent a fair meas ure of the value of work to be performed or to be deleted.

The City reserves the right where it deems such act ion appropriate, to require the Contractor to share in the City's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of considering the proposal. Where this condition is imposed, the Contractor shall indicate acceptance thereof in writing, and that acceptance shall const itute full authority for the City to deduct amounts payable to the City from any moneys due or that may become due to the Contractor under the contract.

If the Contractor's cost reduction proposal is acce pted in whole or in part the acceptance will be by a contract change order, which shall specifically sta te that it is executed pursuant to this Section 5-2 4. The change order shall incorporate the changes in the p lans and specifications which are necessary to perm it the cost reduction proposal or that part of it as h as been accepted to be put into effect, and shall i nclude any conditions upon which the City's approval there of is based if the approval of the City is conditio nal.

The change order shall also set forth the estimated net savings in construction costs attributable to the cost reduction proposal effectuated by the change order, and shall further provide that the Contractor be p aid 50 percent of that estimated net savings amount. T he Contractor's cost of preparing the cost reductio n incentive proposal and the City's costs of investig ating a cost reduction incentive proposal, includin g any portion thereof paid by the Contractor, shall be included in consideration in determining the estimated net savings in construction costs.

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Acceptance of the cost reduction proposal and perfo rmance of the work thereunder shall not extend the time of completion of the Contract unless specifica lly provided for in the contract change order authorizing the use of the cost reduction proposal. The amount specified to be paid to the Contractor in the change order which effectuates a cost reduction proposal shall constitute full compensation to the Contractor for the cost reduction proposal and the performance of the work thereof pursuant to the change order.

The City expressly reserves the right to adopt a co st reduction proposal for general use on contracts administered by the City when it determines that the proposal is suitable for application to other contracts.

When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted that proposal will be eligible for compensation pursuant to this section, and in that case, only as to those contracts awarded to that Contractor prior to submission of the accepted cost reduction propo sal and as to which the cost reduction proposal is also submitted and accepted. Cost reduction proposals identical or similar to previously submitted propos als will be eligible for consideration and compensa tion under the provisions of this Section 5-24 if the id entical or similar previously submitted proposals w ere not adopted for general application to other contra cts administered by the City. Subject to the provi sions contained herein, the City shall have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor.

5-25 Character of Workers
If any subcontractor or person employed by the Cont ractor shall fail or refuse to carry out the direct ions of the Engineer or shall appear to the Engineer to be incompetent or to act in a disorderly or imprope r manner, he shall be discharged immediately on the r equisition of the Engineer, and such person shall n ot again be employed on the Work.

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SECTION 6 CONTROL OF MATERIALS
6-1 Source of Supply and Quality of Materials
The Contractor shall furnish all materials required to complete the work. Only materials conforming t o the requirements of the plans and specifications sh all be incorporated in the work. The materials furnished and used shall be new, except as may be p rovided elsewhere in these specifications, on the plans or in the special provisions. The materials shall be manufactured, handled and used in a workmanlike manner to ensure completed work in acco rdance with the plans and specifications.

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

The Contractor shall furnish the Engineer a list of the Contractor's sources of materials and the loca tions at which those materials will be available for insp ection. The list shall be furnished to the Enginee r in sufficient time to permit inspecting and testing of materials to be furnished from the listed sources in advance of their use. The Engineer may inspect, sa mple or test materials at the source of supply or o ther locations, but the inspection, sampling or testing will not be undertaken until the Engineer is assure d by the Contractor of the cooperation and assistance of both the Contractor and the supplier of the materi al.

The Contractor shall assure that the Engineer or the Engineer's authorized representative has free access at all times to the material to be inspected, sampled or tested.

It is understood that the inspections and tests if made at any point other than the point of incorpora tion in the work in no way shall be considered as a guarant y of acceptance of the material nor of continued acceptance of material presumed to be similar to th at upon which inspections and tests have been made, and that inspection and testing performed by the En gineer shall not relieve the Contractor or the Contractor's suppliers of responsibility for quality control.

Manufacturers' warranties, guaranties, instruction sheets and parts lists which are furnished with cer tain articles or materials incorporated in the work, sha ll be delivered to the Engineer before acceptance o f the contract. Reports and records of inspections made and tests performed, when available at the site of the work, may be examined by the Contractor.

6-2 Storage and Protection of Materials
The Contractor shall provide and maintain storage f acilities and employ such measures as will preserve the specified quality and fitness of materials to b e used in the work. Stored materials shall be reas onably accessible for inspection. The Contractor shall al so adequately protect new and existing work and all items of equipment for the duration of the Contract.

The Contractor shall provide adequate equipment and means for construction of the work. The Contractor shall remove such equipment and/or mater ials when in the opinion of the City, the equipment is unsuitable for performing the work or unsatisfac tory, including equipment which is obsolete, in bad repair or worn out.

If the Contractor is storing equipment and materials on private property, the Contractor shall submit to the City a letter of permission signed by the owner of the private property allowing the Contractor to use the private property. Owner authorization is required prior to use of private property.

The Contractor shall provide his own area of storag e for equipment and materials used on the project.

Such equipment and/or materials shall be stored off the roadway. Equipment and materials shall not be stored within any street right of way unless specifically approved by the Engineer in writing. The storage of said equipment or materials shall be at the exclusive risk of the Contractor and he shall pay all costs for Engineering Standard Specifications August 5, 2013 44

any loss or damages resulting from the storage. Se curity fencing or security guards, if required by t he Contractor, shall be provided at his own expense. Upon completion of the project the Contractor shall restore the areas used for storage to their original condition.

During construction hot mix asphalt and cold mix as phalt materials shall not be dumped or piled on any existing street improvements in the right of way th at are not being removed/replaced. All rubble and other materials shall be cleaned up and removed fro m the street right of way at the end of each day.

When materials and equipment are being temporarily stored in the right of way during the work day the Contractor shall be responsible for parking/placing equipment and materials along the roadway in a manner that provides safe passage for the public.

Full Compensation for conforming to the requirement s of this Section shall be considered as being included in the total Contract price and no additional compensation shall be made therefore.

6-3 Defective Material
All materials not conforming to the requirements of the Plans and Specifications shall be considered a s defective, and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the work at the Contra ctor’s expense unless otherwise permitted by the Engineer. No rejected material, the defects of whi ch have subsequently been corrected, shall be used until approved by the Engineer.

Upon failure on the part of the Contractor to compl y with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material , and to deduct the cost of removal and replacement from any monies due or to become due to the Contractor.

6-4 Trade Names or Equal
Whenever the material or article to be furnished is described by trade name, brand name, or other reference is made to specific manufacturer or suppl ier, "or approved equal," or "City approved equal,” it shall be understood that the use of a trade name or brand name is intended to describe a specific quality of material to be used in the project. The City's int ention shall not be interpreted to exclude or omit the products of any responsible manufacturer if such pr oducts are equal or superior in every respect to th ose specifically described.

No substitutions shall be used in the work without prior approval of the Engineer. The burden of proof as to the quality and suitability of alternatives shal l be upon the Contractor, and the Contractor shall furnish all information necessary as required by the Engine er. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials, and the Engineer's decision shall be final.

Upon submittal by the Contractor, the Engineer will determine the acceptability of the requested substitution, which may include such samples and te sts as may be required by Section 6-8, “Samples and Tests,” herein. In such cases of proving equal sta tus, the Contractor shall pay the costs of required testing. No time extension to any Contract will be allowed due to any such proposed substitution, or the time required to determine the acceptability of such substitutions.

6-5 Certificates of Compliance
A Certificate of Compliance stating that the materi als to be used in the work comply in all respects w ith the requirements of the Plans and Specifications sh all be supplied to the Engineer upon request, or if required to be submitted by the Contract Documents. The certificate shall be signed by the manufactur er of the material or the manufacturer of assembled ma terial delivered to the work, and the lot so certif ied Engineering Standard Specifications August 5, 2013 45

must be clearly identified in the certificate. Cer tificates of Compliance shall be provided in tripli cate and shall be submitted to the Engineer for review prior to the use of the product or material in the work.

All materials used on the basis of a Certificate of Compliance may be tested and sampled at any time.

The fact that material is used on the basis of a Ce rtificate of Compliance shall not relieve the Contr actor of responsibility for incorporating material in the work which conforms to the requirements of the Pla ns and Specifications, and any such material not conforming to such requirements will be subject to rejection whether in place or not.

The form of the Certificate of Compliance and its d isposition shall be as directed by the Engineer. N o additional payment will be made for furnishing cert ificates and all costs incurred shall be included i n the various bid items; no additional payment will be made therefor.

6-6 Foreign Materials
The Contractor shall not be entitled to an extensio n of time for acts or events occurring outside of t he United States, and it shall be the Contractor's res ponsibility to deliver materials obtained from outs ide of the United States to the point of entry into the continental United States in sufficient time to permit timely delivery to the job site. The provisions in Section 8-9, "Liquidated Damages," will apply.

The manufacturer, producer, supplier, or fabricator of foreign material shall furnish to the Engineer a Certificate of Compliance in conformance with the p rovisions in Section 6-5 "Certificates of Compliance.” In addition, certified mill test repo rts clearly identifiable to the lot of material sha ll be furnished where required in these specifications, t he Contract Documents, or otherwise requested by th e Engineer. The Contractor is directed to the State & Federal Funding Requirements section of these Construction Specifications to determine if the pro ject is subject to the “Buy America” requirements.

Where the “Buy America” provisions apply, they supe rsede any specifications listed in this section.

6-7 Local Materials
Local material is rock, sand, gravel, earth or othe r mineral material, other than local borrow or sele cted material, obtained or produced from sources in the vicinity of the work specifically for use on the pr oject.

Local material does not include materials obtained from established commercial sources. Local materials shall be furnished by the Contractor from any sourc e the Contractor may elect, except that when mandatory local material sources of certain materia ls are designated in the special provisions, the Contractor shall furnish material from those designated mandatory sources.

The Contractor shall make all arrangements necessar y to obtain materials from any local material sourc e other than a mandatory local material source. If t he Contractor elects to obtain material from any ot her non-mandatory source, the Contractor shall furnish the Engineer with satisfactory evidence that the Contractor has entered into an agreement with the p roperty owner for obtaining material from that sour ce and with copies of any necessary permits, licenses and environmental clearances before removing any material from those sources.

The furnishing of local materials from any source i s subject to the provisions of Section 2-2, "Examination of Site of Work, Plans, Specifications and Contract Documents." Unless described in the Contract Documents as a mandatory local material so urce, or approved in writing by the Engineer, material sources shall not be excavated at location s where the resulting scars will present an unsight ly appearance from any street or highway. No payment will be made for material obtained in violation of this provision.

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The Contractor shall, at the Contractor's expense, make any arrangements necessary for hauling over local public and private roads from any source. Local m aterials will be subject to the provisions of Secti on 6- 8, “Samples and Tests.”

Full compensation for furnishing all labor, materia ls, tools, equipment, and incidentals, and for doin g all the work involved in conforming to the provisions i n this Section 6-7, for furnishing and producing materials from any source shall be considered as in cluded in the price paid for the contract item of w ork involving the material and no additional compensation will be allowed therefor.

6-8 Samples and Tests
For Non-Public projects the permittee, individual, group, or entity constructing the improvements will be responsible for retaining a Certified Testing Labor atory to complete all sampling, materials tests, an d compaction testing required by the City of Visalia. Testing reports shall be submitted to the City fo r acceptance of all improvements. Reports shall be f ormatted in a manner that defines the limits of tes ting, materials tested, and passing or failing results in a manner that is deemed satisfactory by the City. This said individual, group, or entity will be responsib le for all costs associated with retaining said tes ting laboratory and all costs to complete the required testing.

For City of Visalia Public projects payment for tes ting services will be made in accordance with the remainder of Section 6-8 and Section 6-9.

All sampling and testing shall be done in the presence of the Inspector.

In accordance with Section 6-1, “Source of Supply a nd Quality of Materials,” at the option of the Engineer, the source of supply of each of the mater ials shall be approved by the Engineer before deliv ery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work, for testing or examination as des ired by the Engineer. The Contractor shall furnish and deliver such samples of materials as are requested by the Engineer, without charge. No material requiring source testing shall be used until it has been appr oved by the Engineer. Samples will be secured and tested whenever necessary to determine the quality of materials.

Whenever a reference is made in these Standard Spec ifications to a specification, manual or test designation either of the ASTM, the AASHTO, Federal Specifications, or any other recognized national organization, and the number or other identificatio n representing the year of adoption or latest revis ion is omitted, it shall mean the specification, manual or test designation in effect on the day the Notice t o Contractors for the work is dated.

Whenever the specification, manual or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of those rep orts, identified as to the lot of material, shall b e furnished to the Engineer by the Contractor. The m anufacturer's test reports shall supplement the inspection, sampling and testing provisions in this Section 6, and shall not constitute a waiver of the City's right to inspect. When material which cannot be id entified with specific test reports is proposed for use, the Engineer may, at the Engineer's discretion, sel ect random samples from the lot for testing. Test specimens from the random samples, including those required for retest, shall be prepared in accordanc e with the referenced specification and furnished by the Contractor at the Contractor's expense. The number of the samples and test specimens shall be entirely at the discretion of the Engineer. Unidentified metal products, such as sheet, plate and hardware s hall be subject to the requirements of Section 55-

1.02A(6), "Unidentified Stock Material,” of the Sta te Standard Specifications.

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When requested by the Engineer, the Contractor shal l furnish, without charge, samples of all materials entering into the work, and no material shall be used prior to approval by the Engineer, except as provided in Section 6-5, "Certificates of Compliance." Samples of material from local sources shall be taken b y or in the presence of the Engineer or Inspector; otherwise, the samples will not be considered for testing.

All tests of materials furnished by the Contractor shall be made in accordance with the commonly recognized standards of national organizations, and such special methods and tests as prescribed in th ese Specifications.

Whenever the specifications require compliance with specified values for the following properties, tes ts will be made by the American Society for Testing an d Materials (ASTM) test or California Test (CT) indicated unless otherwise specified:

ASTM Test or California Test Properties
Soils and Aggregates
ASTM D1557 Relative Compaction
ASTM C136 or CT 202 Grading (Sieve Analysis)
ASTM C117 Wash Analysis finer than #200 Sieve
ASTM D2419 or CT 217 Soil Sand Equivalent
CT 301 “R” Value Determination
ASTM D3744 or CT 229E Durability Index of Aggregate
ASTM D6938 In-Place Density & Moisture Content by
Nuclear Gauge
Hot Mix Asphalt
ASTM D2172, D6307 or CT 382 Bitumen Content
ASTM D5444 Gradation of Extracted Sample
CT 309 Maximum Theoretical Density (Rice Method)
CT 366 Stability Value
CT 367 Air Void Content
CT 370 Moisture Content
ASTM D2950 & CT 375 In Place Density and Relative C ompaction by Nuclear Gauge

The City reserves the right to perform or have the Contractor perform any additional tests the City requires to verify that all materials and improveme nts meet the requirements of the Contract Documents .

Concrete testing may also be performed including bu t not limited to slump tests, strength testing or a ny other material testing required. Any materials or improvements that fail to meet Contract requirement s shall be removed and replaced at the expense of the Contractor.

Unless provided otherwise in the Specifications, th e cost of original testing shall be borne by the Ci ty for work performed under Contract for the City. Any re testing required because of failure of materials to pass the initial test shall be done at the expense of the Contractor. All other tests required for wo rk not under contract with the City, and located in City s treets and alleys, or on private property, shall be borne by the Contractor, or permittee in the case of non- public work performed under a City Encroachment Permit.

6-9 Compaction Tests
Relative compaction of soil in roadways, trenches, structural backfills, embankments, and for any othe r improvement shall be determined by the laboratory s tandard of test procedure ASTM D1557. To be Engineering Standard Specifications August 5, 2013 48

considered a “passing” test, all compaction tests m ust meet the required relative percent compaction a nd must indicate a moisture content within 2% ± of opt imum. The Nuclear Gauge Method (ASTM D6938), Drive-Cylinder method (ASTM D2937), the Sand Cone M ethod (ASTM D1556), or other methods approved by the Engineer may be used for sampling o f compacted soil. The Contractor’s responsibility for costs associated with testing shall be in accor dance with the provisions of Section 6-8, “Samples and Tests.”

The City requires haunch compaction testing in tren ches where pipes with an inner diameter of 24 inche s or larger are being installed. The Contractor is re sponsible for planning construction means and metho ds appropriately and for providing safe access to City and testing staff to perform the required compacti on testing in the pipe haunch and trench areas.

Density of Hot Mix Asphalt shall be as required in Section 28 “Hot Mix Asphalt”.

The contractor shall give notice to the Inspector a minimum of two (2) workin g days not including weekends and holidays in advance of when the required compaction tests a re to be taken. For Public projects, normally, the first series of tests will be taken at the expense of the City. Any further t ests needed to check re-compacted areas because of a failure to pass the original test shall be at the expense of the Contractor. The Engineer or Inspector shall sp ecify the locations where compaction tests are to b e taken.

6-10 Guarantee of Materials
The Contractor shall comply with the provisions in Sections 3-5, “Materials Statement, Samples and Guarantees,” 5-23, “Guarantee of Workmanship,” and 7-23, “Guarantee.” The Contractor shall guarantee all materials, including landscape plantings and ir rigation systems, equipment, and workmanship of the installation for a period of one year from the recordation date listed on the recorded Notice of Completion accepted by the City Council. Additional guarantee s may be required by the Contract Documents.

Should any material or appliance or any work develo p any defect or weakness due, in the opinion of the Engineer, to the use of imperfect materials, equipm ent or workmanship, or failure to follow the Contra ct, including the Plans and Specifications, the Contrac tor shall be notified within the time period of the Guarantee, and shall immediately perform, at Contractor’s expense, the necessary repairs or replacemen ts to make the defective item or items suitable and sa tisfactory. Expiration of the Guarantee time perio d shall not void an obligation of the Contractor to r epair or replace which is based on a timely notice by the City. Should exigencies be such as to necessitate the repairs before the Contractor could be notified , or should the Contractor refuse to make the repairs or replacements within a reasonable period of time, t he City shall have the right to make the necessary rep airs or replacements at the expense of the Contract or, preserving as far as possible all available evidence of the cause of failure.

All costs for providing guarantees shall be include d in the various bid items; no additional payment w ill be made therefor.

6-11 Salvage of Materials
Where salvage of material is indicated on the Plans or in the Contract Documents, salvaged material shall remain the property of the City and shall be delive red and deposited by the Contractor at the location specified in the Plans, Contract Documents, or by t he Engineer. No separate payment will be made for such salvaging and delivering of material; the cost thereof shall be included in the various bid items of work.

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6-12 Materials Hauling
Hauling of all materials to, from, or on, the jobsi te shall be performed in strict accordance with the California Vehicle Code (CVC) Section 23114 as it r elates to covering, spillage, and other requirement s.

All references to “highway” in the CVC shall mean C ity streets as well as State highways.

6-13 Material Submittal Package
Four (4) unbound copies of the materials submittal package for the project shall be delivered to the Engineer for acceptance at the preconstruction meet ing. The material submittal package shall include a table of contents, manufacturer’s submittal data sheets, statements that the products meet the requirements of the Specifications for the project, MSDS safety sheets, and any other items requested by the Engine er to verify compliance with the Contract Documents. The materials submittal package shall be accepted by the Engineer prior to construction.

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SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY
7-1 Laws to be Observed
The Contractor shall be and remain fully informed o f all existing and future State and Federal laws, C ity and County ordinances and regulations, and revision s thereto that in any way affect those engaged or employed in or on the work or in any way affect the conduct of the work, and of all orders or decrees of governmental or other bodies or officials having ju risdiction or authority over the same. The Contrac tor, and all subcontractors, persons, firms or corporations employed by or under the control of the Contrac tor, shall at all times observe and comply with all such laws, ordinances and regulations, orders and decre es.

The Contractor shall protect and indemnify the City and its officers, employees and agents, against an y claim or liability arising from or based on the vio lation of any such law, ordinance, regulation, orde r, or decree whether by the Contractor, the Contractor's employees, subcontractors, persons, firms or corporations employed by the Contractor. If any di screpancy or inconsistency is discovered in the Pla ns or Specifications for the work in relation to any s uch law, ordinance, regulation, order or decree, th e Contractor shall forthwith report the same to the Engineer in writing.

7-2 Labor Code Requirements
The following requirements of the State Labor Code apply to all City Contracts:

7-2.1 Hours of Labor
Eight hours labor constitutes a legal day's work. The Contractor or any subcontractor under the Contractor shall forfeit, as a penalty to the State of California, twenty five dollars ($25) or such o ther amount as may be amended by the Department of Indus trial Relations from time to time for each worker employed in the execution of the contract by the re spective Contractor or subcontractor for each calen dar day during which that worker is required or permitt ed to work more than 8 hours in any one calendar da y and 40 hours in any one calendar week in violation of the requirements of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of Contractors in excess of 8 hours per day, and 40 ho urs during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one and one half times the basic rate of pay, as provided in Section 1815 thereof.

7-2.2 Prevailing Wage
For projects that are fully funded with local monie s, the City of Visalia may waive the requirement for Prevailing Wages pursuant to Resolution 83-02, adopted by the City of Visalia City Council on January 3, 1983. See the Notice to Contractors and the Special Provi sions to determine if a prevailing wage rate is established for this projec t. When a project requires prevailing wage rates, the following requirements listed in this Section 7-2.2 shall dictate.

The Contractor and any subcontractor under the Cont ractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to the State or political subdivision on wh ose behalf a contract is awarded a penalty of not m ore than fifty dollars ($50), or such other amount as may be amended from time to time by the Department o f Industrial Relations for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial R elations for the work or craft in which the worker is employed for any public (City) work done under the contract by the Contractor or by any subcontractor under the Contractor in violation of the requiremen ts of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of th is forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their re spective prevailing wage obligations, or the willfu l Engineering Standard Specifications August 5, 2013 51

failure by the Contractor or subcontractor to pay t he correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the corr ect rate of prevailing wages is not excusable if th e Contractor or subcontractor had knowledge of the ob ligations under the Labor Code. In addition to the penalty and pursuant to Labor Code Section 1775, th e difference between the prevailing wage rates and the amount paid to each worker for each calendar da y or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. I f a worker employed by a subcontractor on a public work s (City) project is not paid the general prevailing per diem wages by the subcontractor, the prime cont ractor of the project is not liable for the penalti es described above unless the prime contractor had kno wledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply wit h all of the following requirements:

A. The contract executed between the contractor and th e subcontractor for the performance of work on the public works (City) project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.

B. The contractor shall monitor the payment of the spe cified general prevailing rate of per diem wages by the subcontractor to the employees, by per iodic review of the certified payroll records of the subcontractor.

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

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

Pursuant to Section 1775 of the Labor Code, the Div ision of Labor Standards Enforcement shall notify the Contractor on a public works (City) project wit hin 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works (City) project to pay workers the general prevailing rate of per d iem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontr actor were not paid the general prevailing rate of per diem wages and if the City did not retain suffi cient money under the contract to pay those employe es the balance of wages owed under the general prevail ing rate of per diem wages, the contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by t he Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that th e wage complaint has been resolved. If notice of t he resolution of the wage complaint has not been recei ved by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the p ublic works (City) project, whichever occurs later, the Contractor shall pay all moneys retained from the s ubcontractor to the City. These moneys shall be retained by the City pending the final decision of an enforcement action.

Pursuant to the requirements in Section 1773 of th e Labor Code, the City has obtained the general prevailing rate of wages (which rate includes emplo yer payments for health and welfare, pension, vacation, travel time and subsistence pay as provid ed for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorize d by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done, for st raight time, overtime, Saturday, Sunday and holiday Engineering Standard Specifications August 5, 2013 52

work. The holiday wage rate listed shall be applic able to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

The general prevailing wage rates and any applicabl e changes to these wage rates are available at the office of the Purchasing Division, City Hall West, 707 W. Acequia, Visalia, CA 93291. General prevailing wage rates are also available from the C alifornia Department of Industrial Relations' Inter net Web Site at: http://www.dir.ca.gov.

The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates.

Prevailing wage determinations with a single asteri sk after the expiration date are in effect on the d ate of advertisement for bids and are good for the life of the contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for work performed a fter this date has been determined. If work is to exten d past this date, the new rate shall be paid and incorporated in the contract. The Contractor shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes. Pursuant to Section 1773.2 of the Labor Code, general prevailing wage r ates shall be posted by the Contractor at a promine nt place at the site of the work.

Changes in general prevailing wage determinations w hich conform to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 1620 4 shall apply to the project when issued by the Director of Industrial Relations at least ten (10) days prior to the date of the Notice to Contractors for the project.

The City will not recognize any claim for additiona l compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be cons idered by the Contractor in determining the bid, an d will not under any circumstances be considered as the basis of a claim against the City on the contract.

7-2.3 Travel and Subsistence Payments
The Contractor shall make travel and subsistence pa yments to each workman, needed to execute the work, in conformance with the requirements in Labor Code Section 1773.8.

7-2.4 Payroll Records
The Contractor shall conform to the requirements in Labor Code Section 1776, a portion of which is quoted below. Regulations implementing Labor Code Section 1776 are located in Sections 16016 through 16019 and Sections 16207.10 through 16207.19 of Title 8, California Code of Regulations.

A. Each contractor and subcontractor shall keep accura te payroll records, showing the name, address, social security number, work classificatio n, straight time and overtime hours worked each day and week, and the actual per diem wages pa id to each journeyman, apprentice, worker, or other employee employed by him or her in connect ion with the project for which a Contract is awarded by the City. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

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

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

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

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

2. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a repre sentative of the awarding body, the Division of Labor Standards Enforcement, and the Di vision of Apprenticeship Standards of the Department of Industrial Relations.

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

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

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

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

F. The contractor shall inform the body awarding the c ontract of the location of the records enumerated under subdivision (a), including the str eet address, city and county, and shall, within five working days, provide a notice of a change of location and address.

G. The contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10 day period, he or she shall, as a penalty to the state or political subdivision on whose beha lf the contract is made or awarded, forfeit twenty five dollars ($25) (or such other amount as may be amended from time to time by the Department of Industrial Relations- added by City) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated . Upon the request of the Division of Apprenticeship Standards or the Division of Labor S tandards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section."

The penalties specified in subdivision (g) of Labor Code Section 1776 for noncompliance with the requirements in Section 1776 may be deducted from a ny moneys due or which may become due to the Contractor.

For all prevailing wage projects, a copy of all pay rolls shall be submitted weekly to the Engineer.

Payrolls shall contain the full name, address and social security number of each employee, the employee's correct classification, total hourly rate of pay, d aily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to Engineering Standard Specifications August 5, 2013 54

journeymen. The employee's address and social secu rity number need only appear on the first payroll o n which that name appears. The payroll shall be acco mpanied by a "Statement of Compliance" signed by the employer or the employer's agent indicating tha t the payrolls are correct and complete and that th e wage rates contained therein are not less than thos e required by the contract. The "Statement of Compliance" shall be on forms furnished by the Stat e or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.

If by the 15th of the month, the Contractor has not submitted satisfactory payrolls as requested by th e Engineer for all work performed during the monthly period ending on or before the first of that month, the City will retain an amount equal to 10 percent of t he estimated value of the work performed during the month from the next monthly estimate, except that this retention shall not exceed $10,000 nor be less than $1,000, or such other amount as may be determined f rom time to time by the State Department of Industrial Relations. Retentions for failure to su bmit satisfactory payrolls shall be additional to a ll other retentions provided for in the contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimat e for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted.

The Contractor and each subcontractor shall preserve their payroll records for a period of 3 years from the date of completion of the contract.

7-2.5 Labor Nondiscrimination
The Contractor shall comply with Section 1735 of the Labor Code, which reads as follows:

"No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital statu s, or sex of such persons, except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of thi s chapter."

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

7-2.6 Apprentices
For all prevailing wage projects, the Contractor an d subcontractors shall comply with the provisions i n Sections 1777.5, 1777.6 and 1777.7 of the Californi a Labor Code and Title 8, California Code of Regulations Section 200 et seq. To ensure complian ce and complete understanding of the law regarding apprentices, and specifically the required ratio th ereunder, the Contractor and each subcontractor sho uld, where some question exists, contact the Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, CA 94102, or one of its branch offic es prior to commencement of work on the contract.

Responsibility for compliance with this section lie s with the Contractor. It is State and City policy to encourage the employment and training of apprentice s on public works contracts as may be permitted under local apprenticeship standards.

7-2.7 Workers' Compensation
Pursuant to the requirements in Section 1860 of the Labor Code, the Contractor will be required to sec ure the payment of workers' compensation to the Contrac tor's employees in conformance with the requirements in Section 3700 of the Labor Code and in accordance with the provisions of Section 7-4, “Contractor’s Insurance Requirements And Hold Harml ess.”

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7-2.8 Civil Wage and Penalty Assessments
The Contractor is required to comply with applicabl e portions of the Labor Code related to public work s contracts and subject to wage and penalty assessmen ts by the California Labor Commission for failure t o abide by those requirements. The City as the award ing body will follow the requirements of the Labor Code, including Section 1727 relating to the withho lding of payments due the Contractor in order to satisfy any civil wage or penalty assessments issued by the Labor Commissioner.

7-3 Contractor’s Licensing Laws
All bidders and contractors shall be licensed in ac cordance with the laws of this State, specifically the provisions the Business and Professions Code, Divis ion 3, Chapter 9. Any bidder or contractor not so licensed is subject to the penalties imposed by such laws.

In accordance with the requirements in Public Contr act Code Section 10164, in all contracts where Federal funds are involved, the Contractor shall be properly licensed at the time the Contract is awarded.

7-4 Contractor’s Insurance Requirements and Hold Harmless Contractor hereby agrees to indemnify and hold City and its officers, agents, employees and assigns, harmless from any liability imposed for injury (as defined by Government Code 810.8), whether arising before or after completion of the work hereunder, o r in any manner directly or indirectly caused, occasioned or contributed to, or claimed to be caused, occasioned or contributed to, in whole or in part, by reason of any act or omission, including strict lia bility or negligence of Contractor, or of anyone ac ting under Contractor's direction or control or on its b ehalf, in connection with or incident to or arising out of the performance of this contract.

It is the intent of the parties that Contractor wil l indemnify, defend, and hold harmless City and its officers, agents, employees, and assigns, from any and all claims, demands, costs, suits or actions as set forth above regardless of the existence of passive concurrent negligence, on the part of the City or anyone acting under its direction or control or on its beh alf. It is further the intent of the parties that this indemnification requirement is not intended to relieve City from liability for the active negligence of City, its officers, agents and employees.

The Contractor shall continuously protect City prop erty, including work under construction, from damage, loss, or liability of any kind to persons o r property arising in connection with the contract, direct or indirect, including that arising from rainfall, flood waters, and other action of the elements and all acts of third parties.

This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of th is indemnity and hold harmless provision may be within public policy and enforceable.

In an emergency affecting the safety of life or lim b, work site, or any property, the Contractor is he reby permitted and directed to act at their discretion t o prevent such threatened loss of injury, and in th e event any instructions are given by the City of Visalia i n an emergency, the Contractor shall unconditionall y comply therewith.

With respect to the performance of work under this agreement, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below:

Worker's Compensation insurance with statutory limi ts, and employer's liability insurance with limits of not less than $1,000,000 per accident.

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Commercial General Liability insurance with a combi ned single limit of not less than $1,000,000 per occurrence. Such insurance shall include products/c ompleted operations liability, owner's and Contractor's protective, blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground ha zard coverage. Such insurance shall (a) name City, its appointed and elected officials, officers, empl oyees and agents as additional insureds; and (b) b e primary with respect to any insurance or self-insur ance programs maintained by the City; and (c) conta in Standard cross liability provisions. Such additional insured endorsement maintained by contractor and its subcontractors shall not be required to provide coverage for City for the active negligence of City.

Commercial Automobile Liability insurance with a co mbined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles and shall be provided by a business automobile policy.

Contractor shall furnish properly executed certific ates of insurance to City prior to commencement of work under this agreement, such certificates shall:

1. Clearly evidence all coverage required above, inclu ding specific evidence of a separate endorsement naming the City as an additional insured;

2. Indicate whether coverage provides is on a claims made or occurrence basis; and

3. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30-days prior written notice to City's Purchasing Division, Attention:

Purchasing
707 W. Acequia Avenue
Visalia, CA 93291

Such insurance shall be maintained from the time wo rk first commences until completion of the work under this Agreement if an occurrence policy form i s used. If a “claims made” policy is used, coverage shall be maintained during the contract term and fo r a period extending 5 years beyond the contract da te.

Contractor shall replace such certificates for poli cies expiring prior to completion of work under thi s agreement and shall continue to furnish certificates 5 years beyond the contract term, when Contractor has a “claims made” form(s). If Contractor, for any rea son, fails to maintain insurance coverage which is required pursuant to this agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement and/or ob tain damages from the Contractor resulting from sai d breach. Alternatively, City may purchase such requi red insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contra ctor any premium costs advanced by City for such insurance.

This insuring provision, insofar as it may be adjud ged to be against public policy or in violation of Insurance Code Section 11580.04, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable.

All costs for compliance with this Section 7-4 shal l be included in the various items of work; no sepa rate payment will be made therefor.

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7-5 Vehicle Code
Pursuant to the authority contained in Vehicle Code Section 591, the City has determined that within those areas that are within the limits of the proje ct and are open to traffic, the Contractor shall co mply with all the requirements set forth in Divisions 11 , 12, 13, 14 and 15 of the Vehicle Code. In accord ance with the statement in Vehicle Code Section 591, this section shall not relieve the Contractor or any person from the duty of exercising due care. The Contract or shall take all necessary precautions for safe operation of the Contractor's equipment and the protection of the public from injury and damage from t he Contractor's equipment.

7-6 Air Pollution Control
The Contractor shall refer to the Special Provision s for a listing of the total land disturbance area associated with the project. For all projects, the Contractor shall comply with State air pollution c ontrol rules, regulations, ordinances and statutes which a pply to any work performed pursuant to the contract , including any air pollution control rules, regulati ons, ordinances and statutes, specified in Section 11017 of the Government Code. The Contractor shall also comply with all of the requirements of Regulation VIII of the San Joaquin Valley Air Pollution Contro l District (APCD). It will be the Contractor’s responsibility to contact the APCD to determine the requirements of said Regulation and any costs related to compliance therewith. All costs for compliance, including any permit fees, shall be included in th e various items of work; no separate or additional pa yment will be made therefor. Reference is made to Section 7-10, “Permits and Licenses.”

For Public projects, in addition to the foregoing r equirements, for projects specified in the Contract Specifications to be subject to Rule 9510 of the AP CD, the Contractor shall, before submitting a bid, contact the APCD and determine the project-specific requirements of said Rule. Any project-specific permit fee will be paid by the City. All other cos ts for compliance with the Rule 9510 requirements, including submittal of all required documentation d uring the life of the project, shall be included in the various items of work. No separate or additional p ayment will be made therefor. Reference is made to Section 7-10, “Permits and Licenses.”

For Non-Public projects, the individual, group, or entity that owns the project will be responsible fo r all costs associated in complying with APCD Rule 9510.

The Contractor shall also comply with the provisions in Section 10, “Dust Control.”

7-7 Water Pollution Prevention
The work for which a Contract is awarded is subject to the provisions and requirements of the State General Construction Activity Storm Water Permit (G eneral Construction Permit). The Contractor shall be responsible for complying with all current Gener al Construction Permit requirements, as adopted and enforced by the State Water Resources Control Board (SWRCB) including any future revisions to that permit. The Contractor shall indemnify, and hold h armless the City for failure to comply with any provision or requirement of the General Construction Permit.

The Contractor shall exercise every reasonable precaution and shall conduct and schedule operations so as to protect all storm drain systems, storm water ret ention/detention basins, irrigation canals, or natu ral streams located within, adjacent to, or in any way connected with, the project from pollution with mud , silt, fuels, oils, bitumens, calcium chloride, pest icides, herbicides, and any other harmful materials . The Contractor shall conduct water pollution prevention on all contracts awarded by the City as required b y this Section. For Non-Public projects the individu al, group, or entity that owns the project will be responsible for performing all permitting and all w ater pollution prevention in accordance with this Engineering Standard Specifications August 5, 2013 58

section. The Contractor shall refer to the Special Provisions for a listing of the total land disturbance area associated with the construction project to determine which section applies to this project.

For Projects with a land disturbance area less than 1 acre:

The project is under the minimum threshold of the S tate Water Resource Control Board (SWRCB) General Construction Permit and does not require a project specific Storm Water Pollution Prevention Plan (SWPPP). However, the contractor shall be res ponsible for developing a water pollution control drawing and implementing appropriate Best Managemen t Practices (BMP’s) throughout construction to eliminate any pollutants from entering the city sto rm drainage system, irrigation canals, or natural streams. BMP’s required for the project may includ e, but are not limited to: Storm Drain Inlet Protection, Wind Erosion Control, Stabilized Construction Entra nce/Exit, Street Sweeping and Vacuuming, Material Delivery and Storage, Stockpile Management, Solid Waste Management, Hazardous Waste Management, Concrete Waste Management, Sanitary/Septic Waste Ma nagement, and Liquid Waste Management. A copy of the California Stormwater Quality Associati on (CASQA) BMP handbook can be printed at the following website address http://www.cabmphandbooks.com/.

For Projects with a land disturbance area greater than 1 acre:

The project results in a land disturbance of greate r than one acre and is therefore over the minimum threshold of the State Water Resource Control Board (SWRCB) General Construction Permit and requires a project specific Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall meet the requirements of California’s General Permit for Sto rm Water Discharges Associated with Construction and Land Disturbance Activities, Construction Gener al Permit SWRCB Order No. 2009-0009-DWQ as amended from time to time. Construction work shall not commence until the SWPPP is completed, approved, and all fees are paid.

The Contractor shall retain at his own expense a co nsultant certified as a Qualified SWPPP Developer (QSD) under the requirements of the General Permit to develop the SWPPP and complete all of the required information/uploading on the State’s Storm Water Multiple Application and Report Tracking System (SMARTS). A City of Visalia representative will be available to act as the Legally Responsible Person (LRP) under the SMARTS system. Prior to cer tification, the Contractor shall provide the City with two (2) hard copies of the SWPPP and all assoc iated documents for review and approval. The LRP will review the documents developed by the Contract or and will request revisions/changes as the LRP deems necessary. Upon approval by the city, the Co ntractor shall upload the final documents to SMARTS and the project will be certified by the LRP . The Contractor will be responsible for providing to the City of Visalia two (2) hard copies of the final SWPPP and all associated documents upon approval by the City. The SWPPP will cover all work within the project limits.

The Contractor shall retain a Qualified SWPPP Pract itioner (QSP) at his own expense. The QSP shall be responsible for the implementation and adequate fun ctioning of the various water pollution control practices employed. The QSP shall serve as the pri mary contact for issues related to the SWPPP or its implementation.

Unless otherwise specified, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting, maintaining, removing, and disposing of the water pollution cont rol practices and BMP’s specified in the SWPPP and in the amendments.

The Contractor will be responsible for complying wi th all of the requirements of the approved SWPPP.

This includes furnishing all the materials and labo r necessary for implementation and maintenance of t he site. It shall be the Contractor’s responsibility to perform all of the record keeping and annual rep orting (as required) along with filing the final Notice of Termination (NOT) upon project completion.

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Throughout the duration of the project the Contract or shall be responsible for providing two (2) hard copies to the City of all Annual Reports and other required reporting documentation. Upon completion of the project the Contract shall provide two (2) hard copies of the final Notice of Termination, and any documents required to be on file with the project o wner according to the requirements of the General Permit.

Small Construction Erosivity Waiver:

Projects that disturb between one and five acres of surface area are eligible for the EPA’s Small Construction Erosivity Waiver. If this project is eligible for the waiver, the Contractor will be required to complete all of the on-line SMARTS uploading and do cumentation noted under this section insofar as it is required to obtain the Erosivity Waiver. A mini mum of seven (7) working days prior to construction , the Contractor will be required to submit a Storm W ater Pollution Control Plan to the City of Visalia for review and approval. The Storm Water Pollution Con trol Plan shall show all of the Best Management Practices (BMP’s) that will be implemented througho ut construction to eliminate any pollutants from entering the city storm drainage system. BMP’s req uired for the Project may include, but are not limi ted to: Storm Drain Inlet Protection, Wind Erosion Cont rol, Stabilized Construction Entrance/Exit, Street Sweeping and Vacuuming, Material Delivery and Stora ge, Stockpile Management, Solid Waste Management, Hazardous Waste Management, Concrete Wa ste Management, Sanitary/Septic Waste Management, and Liquid Waste Management. Upon appr oval of the Storm Water Pollution Control Plan by the city, the contractor will be responsible for providing to the City of Visalia two (2) hard copi es of all of the required Erosivity Waiver documents and the Storm Water Pollution Control Plan.

7-7.1 Payment
Unless otherwise provided by the Construction Specifications, the contract lump sum price paid for Water Pollution Prevention shall include, but not be limi ted to, full compensation for preparation and implementation of the Stormwater Pollution Preventi on Plan (SWPPP), furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of all water p ollution control practices and in implementing, developing, obtaining approval of, including associ ated fees, revising, amending, inspecting and annua l reporting necessary to comply with the requirements of this Section 7-7. If no bid item is provided, the cost shall be included in the various items of work; no separate payment will be made therefor.

7-8 Use of Pesticides
The Contractor shall comply with all rules and regu lations of the California Department of Food and Agriculture, the Department of Public Health, the D epartment of Industrial Relations and all other Sta te, Federal or Local agencies which govern the use of p esticides required in the performance of the work o n the contract. Pesticides shall include but shall n ot be limited to herbicides, insecticides, fungicid es, rodenticides, germicides, nematocides, bactericides , inhibitors, fumigants, defoliants, desiccants, so il sterilants and repellents. Any substance or mixtur e of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, rodents, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide.

7-9 Payment of Taxes
The contract prices paid for the work shall include full compensation for all taxes which the Contract or is required to pay, whether imposed by Federal, State or local government, including, without being limit ed to, Federal Excise Tax.

No tax exemption certificate nor any document desig ned to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the contract.

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7-10 Permits and Licenses
Unless otherwise provided in the Contract Documents , the Contractor shall procure all required permits and licenses and give all notice necessary and inci dental to the due and lawful prosecution of the wor k prior to commencing any construction activities. T he Contractor shall abide by the provisions of said permits and associated reference documents.

The Contractor and all subcontractors must comply w ith the Insurance and Business Tax Certificate provisions of Section 3-3, “Required Contract Secur ities, Insurance Certificate, Business Tax Certific ate, Injury and Illness Prevention Plan.”

For all Non-Public work, an Encroachment Permit is required from the City Engineering Division before any work in the street or other City right of way i s commenced. For Public work projects for which a Contract has been awarded by the City, the Contractor must obtain an Encroachment Permit from the City Engineering Division prior to commencing work unles s otherwise specified by the Contract Documents.

There will not be a fee charged for the Encroachmen t Permit for a City Public works projects. All Contractors will be required to follow the conditio ns of the Encroachment Permit and the City of Visal ia Encroachment Permit Policy Manual, latest edition.

Satisfactory evidence of obtaining all required per mits and licenses, including the Contractor’s and subcontractors’ Business Tax Certificates, shall be submitted to the Engineer with the executed contra ct and other documents required by the Construction Sp ecifications prior to commencing construction activities. The Contractor shall abide by the cond itions of said permits and licenses and perform all work governed by said permits and licenses in conformanc e therewith and as directed by the Engineer.

Compliance with this Section 7-10 shall be a condition of issuance of the "Notice to Proceed."

Except as provided in Section 7-6, “Air Pollution C ontrol,” relating to Rule 9510, and unless otherwis e provided in the Contract Specifications, full compe nsation for all costs involved in procuring all per mits and licenses as indicated herein, including all fee s and charges therefor, shall be included in the am ount bid for the various items of work; no separate payment shall be made therefor.

The Contractor shall be responsible for paying any fees or fines that result from the Contractor’s failure to follow the requirements or conditions of any permit s, regulations, or associated reference documents.

The City reserves the right to deduct any fees or f ines from the monies due to the Contractor. The co st shall be levied as a fine in the case of non-public work.

7-11 Sanitary Regulations
Necessary housing accommodations shall be provided by the Contractor for the workmen for changing clothes and for protection during inclement weather . Toilet accommodations shall also be maintained f or the use of employees on the work. The accommodations shall be in approved locations properly screened from public observation and shall be maintained in a strictly sanitary manner. The Contractor shall o bey and enforce all State, County, and City sanitary re gulations and orders, and shall take precautions ag ainst infectious diseases and the spread of same, and sha ll maintain at all times satisfactory sanitary cond itions around all shanties, tool and supply houses and on all other parts of the work.

The cost of compliance with this Section 7-11 shall be included in the various bid items of work; no separate payment will be made therefor.

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7-12 Safety Provisions; First Aid; Injury/ Illness Prevention Program The Contractor shall comply with the provisions of the State Labor Code, Division 5, “Safety in Employment,” the State Division of Occupational Saf ety and Health Construction Safety Orders and General Industry Safety Orders of Title 8, Californ ia Code of Regulations, as well as all other applic able laws, ordinances and regulations.

In compliance with State Labor Code Section 6708, t he Contractor shall maintain adequate emergency first aid treatment for his employees sufficient to comply with the Federal Occupational Safety and Health Act of 1970 (Public Law 91-596).

In compliance with Labor Code Section 6401.7, the C ontractor shall have established, implemented, and maintains an Injury and Illness Prevention Plan. T he Contractor shall comply with Section 3-3, “Required Contract Securities, Insurance Certificat e, Business Tax Certificate, Injury and Illness Prevention Plan,” for plan submittal requirements.

Full compensation for all costs involved in providi ng job safety, worker protection, and emergency fir st aid treatment shall be included in the amounts bid for the various items of work; no separate payment will be made therefor.

7-13 Worker Protection from Toxic or Explosive Gases; Confined Spaces Entry In conformance with the provisions of the State Lab or Code and the Safety Orders set forth in Section 7- 12, “Safety Provisions; First Aid; Injury/Illness P revention Program,” the Contractor shall protect workers from toxic or explosive gases by providing whatever testing equipment and other special equipment that may be needed to detect the presence of and to remove such toxic or explosive gases found or suspected to exist in any above or below ground facilities whether newly constructed or existing, excavations, or other activities involved in the work. Detection and removal shall be accomplished by methods which comply with the regulations governing such detection and removal. The Engineer and the City Fire Department should be notified immediately after detection.

The Contractor shall also comply with the provision s of the California Code of Regulations Title 8 General Industry Safety Orders, Article 108, “Confi ned Spaces,” whenever the contractor or any of his employees must enter a confined space, as defined i n said Safety Orders, whether the confined space is new or existing.

The above requirements are minimum requirements. I n addition, the Contractor shall provide for the li fe of the Contract similar protection for any person, including the Engineer or any of his authorized representatives, subcontractors, or any other perso n authorized or required to enter such underground facilities for inspection, repairs, or any other reason.

If the presence of toxic or explosive gases are due to the actions of the contractor, then all costs f or worker protection, detection, removal, or repairs a re to be borne by the contractor. If the presence of toxic or explosive gases are the result of latent o r other conditions outside the control of the Contr actor, then compensation will be paid in accordance with S ection 4-10, “Changes.” In the event of a dispute, nothing in this Section 7-13 shall free the contrac tor of the responsibility to immediately take the necessary actions to provide worker protection and to remove or repair the cause of the presence of to xic or explosive gases.

All costs for compliance with this Section 7-13 sha ll be included in the various bid items; no separat e payment will be therefor.

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7-14 Trenches and Excavations; Hazardous Waste

7-14.1 Trenches and Excavations 4 Feet or Less In Depth Below the Surface If the Contractor encounters conditions at the Site which are subsurface or otherwise concealed physic al conditions, which differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities o f the character provided for in the Contract Docume nts, then notice by the Contractor shall be given to the City immediately before conditions are disturbed. The City will promptly investigate such conditions, and if they differ materially and cause an increase or decrease in the Contractor's cost of, time required for, or performance of any part of the Work, will recommend an equitable adjustment in the Contract S um, Contract Time, or both. If the City determines that the conditions at the Site are not materially different from those indicated in the Contract Docu ments and that no change in the terms of the Contract is justified, the City shall so notify the Contractor in writing, stating the reasons. Claims by Contractor in opposition to such determination must be made within five (5) days after the City has given notic e of the decision. If the City and the Contractor cannot agree on an adjustment in the Contract Sum or the C ontract Time, Contractor shall proceed pursuant to Section 4-12, “Notices, Change Orders, and Claims.”

7-14.2 Trenches and Excavations Greater Than 4 Feet In Depth; Hazardous Waste Pursuant to Section 7104 of the State Public Contra ct Code, whenever the work requires digging trenches or other excavations that extend deeper than four feet below the surface, the following provisions apply:

A. The contractor shall promptly, and before the follo wing conditions are disturbed, notify the Engineer, in writing, of any:

1. Material that the contractor believes may be materi al that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that i s required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

2. Subsurface or latent physical conditions at the sit e differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.

3. Unknown physical conditions at the site of any unus ual nature, different materially from those ordinarily encountered and generally recogniz ed as inherent in work of the character provided for in the contract.

B. The Engineer shall promptly investigate the conditi ons, and if he finds that the conditions do materially so differ, or do involve hazardous waste , and cause a decrease or increase in the Contractor's cost of, or the time required for, per formance of any part of the work shall issue a change order in accordance with Section 4-10, “Chan ges.” C. In the event that a dispute arises between the Engi neer and the Contractor whether the conditions materially differ, or involve hazardous waste, or c ause a decrease or increase in the Contractor's cost of, or time required for, performance of any p art of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Co ntractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

The Contractor shall comply with the requirements i n Section 5-12, “Disposal of Material Outside the Right of Way.”

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7-15 Worker Protection from Caving Ground in Excavations The Title 8 Construction Safety Orders of the Divis ion of Occupational Safety and Health shall apply t o all excavations. In compliance with Sections 341 a nd 341.1 of Title 8, California Code of Regulations , and Section 6500 of the State Labor Code, for any t renches or excavations that are 5 feet or more in depth, the Contractor must obtain a permit from the State Division of Occupational Safety and Health.

The permit may be either a Project Permit (project specific) or an Annual Permit. The contractor shal l comply with all the requirements of the permit and those of the Safety Orders.

In addition to the above permit requirement, in compliance with the provisions of State Labor Code 6705, the Contractor shall submit to the Engineer, in adv ance of any excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provi sions to be made for worker protection from the haz ard of caving ground during the excavation of trenches five feet or more in depth. If such plan varies fr om the shoring system standards of the State Division of Occupational Safety and Health, the plan shall b e prepared, stamped and signed by a Civil or Structur al Engineer registered in the State of California.

Nothing in this subsection shall be deemed to allow the use of a shoring, sloping, or protective syste m less effective than that required by the DOSH Construction Safety Orders.

The requirements as above set forth by the State Division of Occupational Safety and Health and the State Labor Code for the provision of worker protection f rom the hazard of caving ground are minimum requirements. In addition, the Contractor shall pr ovide, for the life of the Contract, the same prote ction for any person, including the Engineer or any of hi s authorized representatives, subcontractors, certi fied testing laboratory staff, or any other person requi red to be exposed to such hazard in the performance of the work, inspection of the work, or any other reason.

Payment for Worker Protection from caving ground in excavations during construction shall be made at the lump sum price bid therefor; no additional payment will be made. Payment shall include all materials, labor and equipment necessary to adequately brace, shore, shield or slope all excavations and trenches as required by the Division of Occupational Safety and Health Title 8 Construction Safety Orders. Also included are any costs incurred by the Contractor in obtaining all required OSHA permits and preparing a detailed plan showing the design of shoring, bracin g, sloping, or other provisions to be made for work er protection as required by State Labor Code Section 6705.

If the bid item therefor is based on a lump sum amount, payment will be pro-rated on the basis of the ratio of completed length of trench or other excavation requiring Worker Protection to the total length of trench or other excavation requiring Worker Protection.

If no bid item is included in the bid schedule for the work associated with this Section 7-15, full compensation for conforming to all of the provision s in this Section 7-15 shall be considered as inclu ded in the prices paid for the various contract items o f work requiring worker protection; no additional compensation will be allowed therefor.

7-16 Injury or Damage to Persons or Property
Reference is made to Section 5-3, “Contractor’s Res ponsibility For The Work,” Section 5-9, “Preservation of Property,” Section 7-4, “Contracto r’s Insurance Requirements and Hold Harmless,” and Section 7-16, “Injury or Damage to Persons or Prope rty.” Neither the City Council, the Engineer, nor any other officer, authorized agent, employee or volunt eer shall be personally responsible for any liabili ty arising under the Contract. The Contractor shall i ndemnify and hold harmless the City, the City Counc il, the Engineer, and all City Officers, Employees, age nts and volunteers from any suits, claims, damages, losses, liability, demands, or actions brought by any person or persons for or on account of any injuries or damage sustained in or arising out of the construct ion of the Work or in consequence thereof. The Cit y Engineering Standard Specifications August 5, 2013 64

Council may retain as much of the money due the Con tractor as shall be considered necessary until disposition has been made of such suits or claims for damages as aforesaid.

If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, any of the other party's employ ees or agents, or others for whose acts such party is legally liable, written notice of such injury or da mage, whether or not insured, shall be given to the other party within a reasonable time not exceeding ten (10) days after first observance. The notice shall provide sufficient detail to enable the other party to inve stigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall b e made as provided in Section 4-12, “Notices, Chang e Orders, and Claims.”

7-17 Public Convenience
This Section 7-17 defines the Contractor's responsi bility with regard to convenience of the public and traffic in connection with the Contractor's operati ons. Section 7-18, "Public Safety," provides requirements relating to the Contractor's responsib ility for the safety of the public. The provisions in Section 7-18 are in addition to the provisions in t his Section 7-17, and the Contractor will not be re lieved of the responsibilities as set forth in Section 7-1 8 by reason of conformance with any of the provisio ns in this Section 7-17.

The Contractor shall adhere to the provisions of Se ction 4-14, “Detours,” and Section 12, "Traffic Control; Construction Area Traffic Control Devices, " concerning traffic control requirements, flagging and traffic handling equipment and devices used in carrying out the provisions in this Section 7-17 an d said Section 7-18, and for provisions relating to the passage of traffic over or around the work by detours, and other traffic.

In the event of a suspension of the work, the provi sions of Section 8-11, "Temporary Suspension of Work," will apply.

The Contractor shall so conduct operations as to of fer the least possible obstruction and inconvenienc e to the public and shall have under construction no gre ater length or amount of work than can be prosecute d properly with due regard to the rights of the publi c. Unless otherwise provided in the Contract Documents or approved by the Engineer, all public p edestrian and vehicular traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. All traffic shall be routed on new or existing paved surfaces, unless approved otherwise by the Engineer in writing.

Existing traffic signals and highway lighting withi n the project area or affected by the work shall be kept in operation for the benefit of the traveling publi c during progress of the work. Unless otherwise provided in the Contract Documents, the Contractor shall be responsible for routine maintenance of existing systems.

Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient a ccess to driveways, houses, and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting streets shall be provided and kept in good condition. When the abut ting property owner's access across the right of wa y line is to be eliminated, or to be replaced under t he contract by other access facilities, the existin g access shall not be closed until the replacement access fa cilities are usable. Spillage resulting from hauli ng operations along or across any public traveled way shall be removed immediately by the Contractor at the Contractor's expense.

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Water or dust palliative shall be applied if ordere d by the Engineer for the alleviation or prevention of dust nuisance as provided in Section 10, "Dust Control."

The Contractor will be contacted when a situation o r condition is identified as a PUBLIC INCONVENIENCE by the Engineer. An appropriate resp onse time will be granted (usually 24 hours) to the Contractor. If the issue is not resolved by th e Contractor, then the City may impose a penalty at the rate of Two Hundred and Fifty Dollars ($250.00) per calendar day for each day beyond the specified response time date. Maximum penalty is One Thousan d Dollars ($1,000.00). In addition or as an alternative to the penalty the City may impose the costs of corrective actions taken by the City if Contractor fails to remedy the identified PUBLIC IN CONVENIENCE. The City may, at its option, take corrective action following the expiration of the r esponse time given to the Contractor unless the iss ue creates a public hazard, then the City may take act ion immediately and charge the Contractor. All cos ts incurred by the City for taking such corrective act ion, will be deducted from monies owed the Contract or or will be levied as a fine to the Contractor in th e case of non-public work being done under permit.

Alternatively if City Municipal Codes are violated the Contractor may be subject to administrative fin es and penalties under those ordinances.

The provisions of Section 9-9, “Stop Notices; City’ s Right to Withhold Payments,” will apply.

Full compensation for conforming to the provisions in this Section 7-17 shall be considered as included in the prices paid for the various contract items of w ork; no additional compensation will be allowed therefor.

7-18 Public Safety
The Contractor shall provide for the safety of traffic and the public during construction. The Contractor’s attention is directed to the provisions of Section 7-4, “Contractor’s Insurance Requirements and Hold Harmless,” Section 7-16, “Injury or Damage to Perso ns or Property,” and Section 7-17, “Public Convenience,” relating to the Contractor's responsi bility for providing for the convenience and safety of the public in connection with the Contractor's operations.

The provisions of Section 12, "Traffic Control; Con struction Area Traffic Control Devices," concernin g flagging and traffic handling equipment and devices used in carrying out the requirements of Section 7 - 17, “Public Convenience,” apply to this Section 7-1 8.

Whenever the Contractor's operations create a condi tion hazardous to traffic or to the public, the Contractor shall, at the Contractor's expense and w ithout cost to the City, furnish, erect and maintai n those fences, temporary railing (Type K), barricade s, lights, signs and other devices and take such ot her protective measures that are necessary to prevent a ccidents or damage or injury to the public. Fences , temporary railing (Type K), barricades, lights, sig ns, and other devices furnished, erected and mainta ined by the Contractor, at the Contractor's expense, are in addition to any construction area traffic contr ol devices for which payment is provided for elsewhere in these specifications.

The Contractor shall also furnish such flaggers as are necessary to give adequate warning to traffic o r to the public of any dangerous conditions to be encountered, and payment therefor will be made as provided in Section 12, “Traffic Control; Construction Area Traffic Control Devices.”

Signs, lights, flags, and other warning and safety devices and their use shall conform to the requirem ents set forth in Part 6 of the California MUTCD. Signs or other protective devices furnished and erected by the Contractor, at the Contractor's expense, as abo ve provided, shall not obscure the visibility of, n or conflict in intent, meaning and function of either existing signs, lights and traffic control devices or any Engineering Standard Specifications August 5, 2013 66

construction area signs and traffic control devices for which furnishing of, or payment for, is provid ed elsewhere in the specifications. Signs furnished a nd erected by the Contractor, at the Contractor's expense, shall be approved by the Engineer as to size, wording and location.

The installation of general roadway illumination sh all not relieve the Contractor of the responsibilit y for furnishing and maintaining any of the protective facilities herein before specified.

All movements of workmen and construction equipment on or across lanes open to public traffic shall be performed in a manner that will not endanger public traffic and be in conformance with Section 7-5, “Vehicle Code.”

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

No material or equipment shall be stored where it w ill interfere with the free and safe passage of pub lic traffic, and at the end of each day's work and at o ther times when construction operations are suspend ed for any reason, the Contractor shall remove all equ ipment and other obstructions from that portion of the roadway open for use by public traffic unless noted otherwise in the Special Provisions.

Temporary facilities which the Contractor uses to perform the work shall not be installed or placed wh ere they will interfere with the free and safe passage of public traffic. Temporary facilities which coul d be a hazard to public safety if improperly designed shal l comply with design requirements specified in the contract for those facilities or, if none are speci fied, with standard design criteria or codes approp riate for the facility involved. Two (2) copies of working d rawings and design calculations for the temporary facilities shall be prepared and signed by an engin eer who is registered as a Civil Engineer in the St ate of California or a traffic control plan designer that is IMSA or ATSSA certified, and shall be submitted to the Engineer for approval pursuant to Section 4-4, "Working Drawings." The submittals shall designate thereon the standard design criteria or codes used. Installation of the temporary facilities shall no t start until the Engineer has reviewed and approved the drawings.

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

In accordance with Section 5-8, “Emergency Availabi lity” in the event a condition or situation develop s either during or after normal work hours which requ ires the attention of the Contractor, the following process applies:

If the condition or situation presents a clear and imminent public hazard and is deemed by the Engineer to be an EMERGENCY, and in the event the Contractor fa ils to immediately respond to the Engineer’s direction to correct the condition, or attempts to contact the after-hours emergency response personne l of the Contractor fail, or in the event contact is mad e and the Contractor is either unwilling or unable to respond in a timely manner to the condition or situ ation deemed an emergency by the Engineer, then the Engineer shall mobilize immediately the resources n ecessary to respond to the situation. This include s a stop work order until the situation is remedied. I n case of such an order any delays will be attribut ed to the Contractor.

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In the event a condition or situation is deemed by the Engineer to present a potential public hazard a nd is considered to be URGENT, and upon notification ther eof by the Engineer to the Contractor the condition is not corrected within 3 hours, or in the event at tempts to contact the after-hours emergency respons e personnel of the Contractor fail, or in the event c ontact is made and the Contractor is either unwilli ng or unable to respond within three hours of contact, th en the condition or situation deemed a HAZARD will be upgraded to an EMERGENCY by the Engineer, and th e appropriate measures as above provided will be taken.

Due care will be taken to effect only those measure s necessary to remove the emergency or urgent condition or situation. The Contractor will be inv oiced for all direct costs incurred by the City plu s the City may impose administrative penalties for violations of City municipal codes requiring the preparat ion and adherence to a traffic control plan. All costs incurred by the City for taking such corrective ac tion will be deducted from monies owed the Contractor. Parties not under contract to the City but subject to these Standard Specifications will be billed for the City’s costs.

The foregoing process shall apply to all Contracts awarded by the City and also to Encroachment Permit s issued by the City to Contractors for non-public wo rk projects. The provisions of Section 9-9, “Stop Notices; City’s Right to Withhold Payments,” will a pply.

Except as otherwise provided in this Section 7-18 or in the Construction Specifications, full compensation for conforming to all of the provisions in this Sec tion 7-18 shall be considered as included in the pr ices paid for the various contract items of work and no additional compensation will be allowed therefor.

7-19 Patents
The Contractor shall be responsible for the use of patented materials, equipment, devices, or processe s used on or incorporated in the work. The Contracto r shall assume all costs arising from the use of patented materials, equipment, devices or processes used on or incorporated in the work, and agrees to indemnify and hold harmless the City, the Engineer, and their duly authorized representatives, from al l suits at law, losses, liability, demands, claims, o r actions of every nature for, or on account of the use of any patented materials, equipment, devices or processes.

7-20 Property Rights of Materials
Nothing in the Contract shall be construed as vesti ng in the Contractor any right of property in the materials used after they have been attached or aff ixed to the work or the soil, or after payment has been made for 90 percent of the value of materials delivered to the site of the work or stored subject to or under the control of the City. All such materials shall become the property of the City upon being so attached or affixed or upon payment of 90 percent of the value of materials delivered to the site of the work or s tored subject to or under the control of the City. As pr ovided in Subsection 5-3, “Contractor’s Responsibi lity for the Work,” the Contractor shall care for and pr otect the work until final acceptance of the work b y the City.

7-21 Amendments to Contracts
Each and every provision of law and clause required by law to be inserted in the Contract for the work to be done under the Specifications and Contract Docum ents shall be deemed to be inserted therein, and th e Contract shall be read and enforced as though it we re included therein; and if, through mere mistake o r otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party thereto, the Contract shall forthwith be physically amended to make such insertion.

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7-22 Verbal Statements not Binding
It is understood and agreed that the written terms and provisions of the Contract shall supersede all verbal statements of the Engineer or other representatives of the City and such statements shall not be effec tive, or be construed as entering into or forming a part of, or altering in any way whatsoever the written agreement.

7-23 Guarantee
Whether working under a City Contract or under Encr oachment Permit for Utility, Communications, or non-public work, the Contractor shall guarantee the proper installation and performance of all equipment, facilities and materials installed, including all l andscape plantings and irrigation systems, or work performed pursuant to the Plans, Specifications, t hese Contract Documents, or City Encroachment Permit, for a period of one year from the date of t he Final Acceptance by the City, or other period se t forth in the Contract Documents. The Final Accepta nce process varies depending on the scope of work done under the Encroachment Permit. For City Publi c Projects the work shall be guaranteed for a perio d of one year from the date of recordation of the Not ice of Completion approved by the City Council. An y failure of equipment, facilities, landscape plantin g, or workmanship prior to the end of the one-year or other specified period shall be repaired or correct ed by the Contractor at his sole expense in accorda nce with instructions of the Engineer. The provisions of Sections 3-5, “Material Statement, Samples and Guarantees,” 5-23, “Guarantee of Workmanship,” and 6-10, “Guarantee of Materials,” also apply.

7-24 Firearms Prohibited
Guns may not be carried by contractors/vendors/cons ultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caug ht carrying a gun, without City permission, their contract will be terminated.

7-25 Sound Control Requirements
The Contractor’s work shall conform to all municipa l ordinances pertinent to noise, including but not limited to, the City of Visalia’s Municipal Code Chapter 8.36.

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SECTION 8 PROGRESS AND PROSECUTION
8-1 Sequence and Progress of the Work
Unless otherwise provided in the Contract Documents , the Contractor shall direct the order and sequenc e of work and coordinate the construction of the seve ral parts of the Contract to a successful completio n as rapidly as possible. If the Engineer determines, a t any time, that equipment or appliances used, or t o be used, are insufficient or improper for securing the quality of work required or the required rate of progress, the Engineer may order the Contractor to increase efficiency, or to improve their character. The Contractor shall conform to such order; but the fai lure of the Engineer to demand any increase of such efficiency or any improvement shall not release the Contractor from the obligation to secure the quality of work, or the rate of progress specified.

8-2 Assignment of Contract
The Contractor shall not assign the Contract or any part thereof, without the approval of the City or without the consent of surety unless the surety has waived its rights to notice of assignment. 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. All assignments of funds are subject to the prior lien for services rendered or materials supplied for the per formance of the work called for in favor of all per sons, firms, or corporation rendering such services or su pplying materials, and all deductions provided for in the contract and particularly all monies withheld, whether assigned or not, shall be subject to being used by the City for the completion of the work in the event that the Contractor should be in default therein.

8-3 Subcontracting
Section 2-8, “Designation of Subcontractors,” sets forth the requirement that any subcontractor who performs in excess of one half of one percent (1/2 %) of the original contract price, or in the case o f a street project so designated by the City, one half of one percent (1/2 %) or $10,000, whichever is gre ater, shall be designated on the Bid Proposal Form. As a part of the bid document, the Contractor shall fil e with the Engineer a written statement showing the w ork to be subcontracted, the names of the subcontractors and the description of each portion of the work to be subcontracted.

In accordance with Section 4109 of the State Public Contract Code, subcontracting of any portion of th e work in excess of one-half of one percent of the Co ntractor’s total bid for which no subcontractor was designated in the original bid shall only be permit ted in cases of public emergency or necessity. It w ill be the Contractor’s responsibility to submit to the En gineer the facts constituting a public emergency or necessity. If approved by the Engineer, a finding in writing will be made a part of the public record setting forth the City’s decision and the reasons therefor.

The Contractor shall give personal attention to the fulfillment of the contract and shall keep the wor k under the Contractor's control. No subcontractor w ill be recognized as such, and all persons engaged in the work of construction will be considered as empl oyees of the Contractor and the Contractor will be held responsible for their work, which shall be subject to the provisions of the contract and specifications.

When a portion of the work which has been subcontra cted by the Contractor is not being prosecuted in a manner satisfactory to the Engineer, the subcontractor shall be removed immediately on the requisition of the Engineer and shall not again be employed on the work. The Contractor shall be responsible for the coordination of all trades, subcontractors, and mat erial handlers engaged in the work. Neither the Ci ty nor the Engineer will undertake to settle any diffe rences between the Contractor and its subcontractor s or between subcontractors.

Subcontracts shall include provisions that the cont ract between the City and the Contractor is part of the subcontract, and that all terms and provisions of t he contract are incorporated in the subcontract.

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Subcontracts shall also contain certification by th e subcontractor that the subcontractor is experienc ed in and qualified to do, and knowledgeable about, the s ubcontracted work. Copies of subcontracts shall be available to the Engineer upon written request, and shall be provided to the Engineer at the time any litigation against the City concerning the project is filed.

Pursuant to the provisions of Section 6109 of the P ublic Contract Code, the Contractor shall not perfo rm work under the contract with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

The purchase of concrete, liquid asphalt, paving as phalt, pipelines, valves, fire hydrants, casing, or any other materials produced at and supplied from estab lished and recognized commercial plants, together with delivery of such materials to the site of the work by means of vehicles owned or operated by such plants or by recognized commercial hauling companie s, shall not be considered as subcontracting under these Standard Specifications.

Nothing contained in the Contract documents shall c reate any contractual relation between any subcontractor and the City.

8-4 Preconstruction Conference
The City of Visalia should hold a preconstruction c onference with the Contractor and other entities affected by the work within ten (10) days after the City Council awards the Contract. The preconstruction meeting shall be the proper time and place for the Contractor to submit to the Engineer required documents including, as a minimum, the following:

Construction Schedule - Section 8-5
Traffic Control Plan - Section 12-2
Names of Superintendent - Section 5-7
Emergency Contact List - Section 5-8
Proposed Notice to Residents - Section 8-7
Completed Encroachment Permit Application - Section 8-6 Material Submittal Package – Section 6-13

All costs for compliance with this Section shall be included in the various bid items of work; no additional payment will be made therefor.

8-5 Construction Schedule
After notification of award and prior to start of a ny work, at the pre-construction conference the Contractor shall submit to the Engineer for accepta nce his proposed construction schedule. Acceptance or lack of rejection by City of a proposed construc tion schedule shall not be deemed approval and shal l not create responsibility on the part of the City f or any defects or mistakes in the schedule. The Contractor bears sole responsibility for the accura cy, utility and reasonableness of the schedule. Th e construction schedule shall be in the form of a tabulation, chart, or graph in Gantt type format and shall be in sufficient detail to show the chronological rela tionship of all activities of the project including , but not limited to, estimated starting and completion dates of various activities, (including early and late d ates and float for each activity), procurement of materials, the critical path, and scheduling of equipment. The construction schedule shall be consistent in all re spects with the time and order of work requirements of the Contract.

The Contractor shall submit an updated schedule on the first working day of the month on a monthly basis that includes an accurate as-built schedule a nd the current as-planned schedule. If the Contrac tor Engineering Standard Specifications August 5, 2013 71

fails to submit the monthly schedule the Engineer s hall have the option to suspend the work at the Contractor’s expense until such time that a monthly schedule is submitted. The Contractor shall submi t its daily logs for the month with the updated schedule. Float shall be used by the parties on a “firs t come, first serve” basis. If the Contractor desires to m ake a significant change in his method of operation s after commencing construction, he shall submit to the Engineer an updated construction schedule in advance of beginning revised operations. If the Contractor’s actual progress falls behind the scheduled progress , within seven (7) days of a City request the Contrac tor shall prepare and submit an updated schedule showing how the Contractor intends to complete the work within the scheduled completion deadline.

All schedules submitted by the Contractor shall be certified as true and correct.

If extra work is performed under the contract and t he Contractor claims that additional time should be granted because the critical path is affected, the Contractor shall be responsible for submitting a fu ll time impact analysis for the project to justify the exte nsion of time requested. The time impact analysis shall be submitted in a format acceptable to the engineer.

The Contractor may not maintain any Claim or cause of action against the City for damages incurred as a result of its failure or inability to complete the Work in a shorter period than established in the Co ntract.

By executing a Contract with the City, the parties stipulate that the period set forth in the Contract is a reasonable time within which to perform the Work.

All costs for compliance with this Section shall be included in the various bid items of work; no additional payment will be made therefor.

8-6 Beginning of Work
The City of Visalia should hold a preconstruction c onference with the Contractor and other entities affected by the work within ten (10) days after the City Council awards the Contract. After this preconstruction conference is held, the Contractor will have fifteen (15) days to obtain an approved Encroachment Permit from the City and furnish all o ther permits and approvals required to complete the work. The Contractor shall submit the completed En croachment Permit Application and required documents to the City at the preconstruction meetin g or within five (5) days after the meeting. The Contractor shall allow ten (10) days for the City t o review and approve/request modifications to the documents. Should the Contractor fail to obtain th e required permits and approvals within this fiftee n (15) day period, the length of time beyond fifteen (15) days will be subtracted as working days from t he Contract. After the Contractor has furnished all o f the required permits and documents the Notice to Proceed with Construction will be issued. Unless o therwise provided in the Contract Specifications, t he Contractor shall commence work under the contract w ithin ten (10) days after the date the Notice to Proceed is issued by the City and shall diligently prosecute the same to completion within the time li mit provided in the Contract Documents. The Contractor shall not begin work in advance of receiving the Notice to Proceed without written authorization fro m the Engineer. The Contractor shall notify the Inspector a minimum of 2 working days prior to star ting work. The timelines above apply to the Contract unless noted otherwise in the Special Provisions.

It shall be the obligation of the Contractor to not ify the various utility companies at least five (5) working days in advance of closing and/or excavation of any street or alley affecting said companies. The Contractor shall contact Underground Service Alert (USA) at 1-800-227-2600 or 811 a minimum of five (5) working days prior to any excavation.

and hand digging, with the possible assistance of t he utility companies and located in the field by th e Contractor prior to the construction of any improve ments required by the Contract. Prior to construct ion the Contractor will be responsible for verifying th at no conflicts exist between existing and proposed street and utility infrastructure improvements. Any additional expenses incurred because of the failu re of the Contractor to comply with these requirements shall be borne by the Contractor.

Five (5) working days prior to beginning work and a fter the USA markings have been completed at the site, the Contractor shall be responsible for sched uling a pre-construction site walk through with the Engineer, Inspector, and any other interested agenc ies. The purpose of the site walk will be to ident ify any existing utilities that have the potential to conflict with the proposed improvements.

All costs for compliance with this Section shall be included in the various bid items of work; no additional payment will be made therefor.

8-7 Notice to Residents
Not less than two (2) calendar days nor more than f ive (5) calendar days prior to proceeding with the work in any given area, the Contractor shall notify in writing all residents, tenants, and businesses directly affected by the construction work. Such notice shall provide the nature of the work, the approximate time for the completion of work, and any anticipated inc onveniences. The notice shall be on the contractin g firm's letterhead and shall be signed and shall inc lude the project superintendent's name and telephon e number. Prior to commencing work in each given are a, the Contractor shall furnish the Engineer a copy of the notice to be given to residents, tenants, and businesses for approval. After the notice is accepted by the Engineer the Contractor shall distribute and ce rtify the date, location and method by which the no tice was delivered. The Contractor shall also comply wi th the requirements of Section 12-2, “Traffic Contr ol Plan; Notifications.”

For every occurrence when property access, sewer se rvice or water source is to be interrupted by the Contractor's work, the Contractor shall give writte n notice to all affected residents, tenants, and businesses not less than two (2) calendar days nor more than five (5) calendar days prior to said interruption. The notice(s) shall be in addition t o the initial notice to residents, tenants, and bus inesses described above. In addition the Contractor will be responsible for informing and coordinating the timing of the interruption with the affected residents, te nants, and businesses. Where a significant interru ption will occur, as determined by the Engineer, the Contractor will be required to coordinate with residents at a date earlier than listed in this Section 8-7.

All costs for compliance with this Section shall be included in the various bid items of work; no additional payment will be made therefor.

8-8 Time of Completion
The Contractor shall complete all or any designated portion of the work called for under the contract in all parts and requirements within the time set forth in the Special Provisions. The current controlling operation or operations (i.e., the critical path) i s to be construed to include any feature of the wor k (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.

For contracts whose completion schedule is based on working days, a working day is defined as any day, except as follows:

Saturdays, Sundays and legal holidays declared by the City;

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Days on which the Contractor is prevented by inclem ent weather or conditions resulting immediately therefrom adverse to the current controlling operat ion or operations, as determined by the Engineer, f rom proceeding with at least 75 percent of the normal l abor and equipment force engaged on that operation or operations for at least 50 percent of the total dai ly time being currently spent on the controlling op eration or operations; or

Days on which the Contractor is prevented, by reaso n of requirements in the Contract Specifications, from working on the controlling operation or operat ions for at least 50 percent of the total daily tim e 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 weath er, or the condition of the work, prevents the work from beginning at the usual starting time and the c rew is dismissed as a result thereof and the Contra ctor does not proceed with at least 75 percent of the no rmal labor and equipment force engaged in the curre nt controlling operation or operations for at least 50 percent of the total daily time being currently sp ent on the controlling operation or operations, the Contra ctor 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.

Determination that a day is a non working day by re ason of inclement weather or conditions resulting immediately therefrom, shall be made by the Enginee r. The Contractor will be allowed fifteen (15) working days from the issuance of this determinatio n in which to file a written protest setting forth in what respects the Contractor differs from the Engin eer; otherwise, the decision of the Engineer shall be deemed to have been accepted by the Contractor as c orrect. For Federally funded projects the Engineer will furnish the Contractor a weekly statement (or by other method that accomplishes the same purpose) showing the number of working days charged to the c ontract for the preceding period, the number of working days of time extensions being considered or approved, the number of working days originally specified for the completion of the contract and th e 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 8-11, "T emporary Suspension of Work," of these Specifications. The weekly statement may be furnis hed to the Contractor for other projects that are n ot Federally funded when deemed appropriate or required by the Engineer.

For contracts whose completion schedule is based on calendar days, a calendar day shall mean every day of the calendar, including weekends and holidays. Exclusions for inclement weather which prevents the Contractor from performing, as above provided for w orking days will be permitted unless otherwise specified in the Construction Specifications.

8-9 Liquidated Damages
It is agreed by the parties to the Contract that in case all the Work called for under the Contract is not complete before or upon expiration of the time limi t as set forth in the Contract Documents, damage wi ll be sustained by the City. Since it is and will be impractical to determine the actual damage which th e City will sustain in the event of and by reason of such delay, and since the delay will cause incalcul able inconvenience to the public, it is therefor agreed that the Contractor will pay to the City the sum indicated in the Special Provisions for each and every calend ar day's delay beyond the time prescribed to comple te the Work; and the Contractor agrees to pay such sum as set forth in the Special Provisions, and in case the same is not paid, agrees that the City may deduct t he amount thereof from any money due or that may become due the Contractor under the Contract. Liqu idated damages will accrue without notice, and any failure by City to withhold for some or all of them shall not act as a waiver by City of its rights to later Engineering Standard Specifications August 5, 2013 74

claim the liquidated damages. Any waiver of liquid ated damages by the City must be expressed and in writing.

It is further agreed that in case the Work is not f inished and completed in all parts and requirements within the specified time, the City shall have the right to extend or not to extend the time for compl etion as may seem best to serve the interest of the City. If the City decides to extend the time limit for the completion of the Contract, the City shall further have the right to charge to the Contractor, his hei rs, assigns, or sureties, and to deduct from the final payment for the work all or any part, as the City m ay deem proper, of the actual cost of engineering, ins pection, superintendence, and other overhead expens es which are directly chargeable to the Contract, and which accrue during the period of such extension, except that the cost of final surveys and preparati on of the final estimate shall not be included in s uch charges.

The Contractor shall not be assessed with liquidate d damages, or the cost of engineering and inspectio n, during any delay in the completion of the work caus ed by acts of God or acts of the public enemy, the City, fire, epidemics, quarantine restrictions, str ikes and freight embargoes, provided that the Contr actor shall, within five (5) calendar days from the beginning of such delay, notify the Engineer in writing of the causes of delay; and the Engineer's finding of the facts thereon shall be final and conclusive.

No extension of time will be granted for a delay ca used by a shortage of materials unless the Contract or furnishes to the Engineer documentary proof that th e Contractor has made every effort to obtain the materials from all known sources within reasonable reach of the work in a diligent and timely manner, and further proof in the form of supplementary prog ress schedules, as required in Section 8-5 “Construction Schedule,” that the inability to obta in the materials when originally planned, did in fa ct cause a delay in final completion of the entire wor k which could not be compensated for by revising th e sequence of the Contractor's operations. The term "shortage of materials," as used in this Section 8- 9, shall apply only to materials, articles, parts or e quipment which are standard items and are to be incorporated in the work. The term "shortage of ma terials," shall not apply to materials, parts, arti cles or equipment which are processed, made, constructed, f abricated or manufactured to meet the specific requirements of the contract. Only the physical sh ortage of material will be considered under these provisions as a cause for extension of time. Delay s in obtaining materials due to priority in filling orders will not constitute a shortage of materials.

If the Contractor is delayed by the City in complet ion of the Work by reason of changes made under Section 4-10, “Changes,” by failure of the City to acquire or clear right of way, by Extra Work under Section 4-11, “Extra Work,” or by any act of the En gineer or of the City, not contemplated by the contract, an extension of time commensurate with the delay in completion of the work thus caused will be granted, provided that the Contractor shall notify the Engineer in writing of the causes of delay with in 15 days from the beginning of the delay. The Engineer shall ascertain the facts and the extent of the de lay, and the Engineer's findings thereon shall be final and conclusive. In addition see Section 8-10, “Rig ht of Way Delays” and Section 8-15, “Utility and Non-Stre et Facilities; Potholing” for additional circumstances involving an extension of time.

8-10 Right of Way Delays
The City makes a diligent effort at securing a clea r right of way for the performance of the work requ ired by the contract. For some contracts, it is in the best interests of the City and/or the public to awa rd a contract before all utility relocations, utility un dergrounding, right of way purchases, removal of obstructions, relocation of underground facilities by others, or other potential causes of delay are removed. Where known, these will be shown on the Plans with the actions to be taken, and enumerated in the Contract Documents. The City will make every e ffort to ascertain the approximate time required to Engineering Standard Specifications August 5, 2013 75

clear the right of way and so indicate in the Contr act Specifications. The contractor shall include i n his costs any delays that can be expected or result fro m such relocations or acquisitions. The Engineer m ay grant a time extension deemed warranted due to such delays, or may temporarily suspend the contract in accordance with Section 8-11, “Temporary Suspension of Work.”

If new and unforeseen right of way delays not conte mplated before the award of the contract causes the Contractor to sustain a loss there shall be paid to the contractor that amount that the Engineer may f ind to be a fair and reasonable compensation for that part of the Contractor’s actual loss that, in the opini on of the Engineer, was unavoidable. Payment will be determined on the basis of extra work on a force account basis, or as otherwise agreed to by and between the Engineer and the Contractor, in accordance with Section 4-11, “Extra Work” and Section 9-5 “Payment for Extra Work.”

8-11 Temporary Suspension of Work
The Engineer shall have the authority to suspend th e Work wholly or in part for such period as City desires. The Contractor shall immediately obey suc h order of the Engineer to suspend the Work, and shall not resume the Work until ordered in writing by the Engineer.

In the event that a suspension of Work is ordered a s 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, co uld have been performed prior to the occurrence of the unsuitable weather conditions had the Contracto r diligently prosecuted the Work when weather conditions were suitable; then Contractor shall not be entitled to compensation (money or time) for th e suspension, and the Contractor, at the Contractor's expense, shall do all the work necessary to provid e a safe, smooth, and unobstructed passageway through c onstruction for use by traffic during the period of that suspension as provided in Sections 7-17, "Publ ic Convenience," and 7-18, "Public Safety," and as specified in the Contract Documents. In the event that the Contractor fails to perform the Work above specified, the City may perform that Work and the c ost thereof will be deducted from moneys due or to become due the Contractor.

In the event that a suspension of Work is ordered b y 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, t he cost of providing a smooth and unobstructed passageway through the Work will be paid for as Ext ra Work as provided in Section 4-11, “Extra Work,” or at the option of the Engineer, that Work will be performed by the City 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 (i.e., critical path) due to unsuitable weather conditions, and in the sole opin ion of the Engineer, the Contractor has prosecuted the Wor k with energy and diligence prior to the time that operations were suspended, then Contractor shall be entitled to a time extension for the period of the suspension. If the portion of Work suspended is no t a current controlling operation or operations, bu t subsequently does become the current controlling op eration or operations, the determination of time extension 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 t o 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 for time extension only if permitted under Section 8-8, "Time of Completion."

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8-12 Use of Completed Portions; City’s Right to Complete The City shall have the right to take possession of, use, or maintain and protect any completed portions of the Work. However, such possession, use, or mainte nance and protection shall not be deemed as accepting any Work, regardless of whether it has or has not been completed in accordance with the Contract Documents.

The City has the right to perform some or all of the Contractor’s remaining Work if the Contractor fails or refuses to carry out the Work in accordance with th e Contract Documents. The City may exercise this right at any time during the Contractor’s work, inc luding the closeout or punch list phases. The City shall first provide written notice to Contractor of Contr actor’s failure or refusal to perform in accordance with the Contract Documents, and such notice shall deman d commencement or correction of such failure or refusal to perform within a reasonable time not to be less than seven (7) days. Such notice need not specifically refer to this provision.

If the Contractor fails to commence correction with in said reasonable time, or ever fails to continue correction after expiration of said reasonable time , the City may instruct Contractor to stop performi ng such Work and notify Contractor that City shall perform such Work itself. Any direction to Contractor to not perform such Work shall act as a deletion of su ch Work from Contractor’s scope of Work, and City may accept the Contractor’s remaining contractual s cope of Work as complete (pursuant Section 8-14, “Acceptance of Contract”) even though the deleted W ork may not have been performed yet by City. City may perform the deleted Work at any time by whateve r reasonable method the City may deem expedient without prejudice to other remedies the City may ha ve. In the event the City takes bids to complete t he Work so deleted, Contractor shall not be eligible for the award of the contract.

The Contractor will be invoiced for all of the City ’s costs of performing the deleted Work, including compensation for additional professional and intern ally generated services and expenses made necessary by such deletion. The City may withhold the estima ted costs from any retention release and/or progres s payments due the Contractor, pursuant to Section 9- 9, “Stop Notices; City’s Right to Withhold Payments.” If retention and payments withheld then or thereafter due the Contractor are not sufficien t to cover the City’s actual costs of completing the del eted Work, the Contractor shall pay the difference to the City.

Prior to performing any of the deleted work itself, City may, at its option, tender completion of the work to the Contractor’s surety for completion by someone other than Contractor.

8-13 Termination of Contract
If the Contractor files for bankruptcy; if the Cont ractor makes a general assignment for the benefit o f his creditors; if a receiver should be appointed on acc ount of the Contractor's insolvency; if the Contrac tor or any subcontractors should violate any of the provis ions of the Contract; if the Contractor should refu se or should fail, except in cases for which extension of time is provided, to supply enough skilled workmen or proper materials; if the Contractor should fail to make prompt payment to subcontractors or for materi al or labor; or if the Contractor should disregard law s, ordinances or the instructions of the Engineer, the City may serve written notice upon the Contractor a nd its surety of the City's intention to terminate the Contract, such notice to contain the reasons for su ch intention to terminate the Contract and to provi de five (5) calendar days for the Contractor to cure s uch violations and make satisfactory arrangements f or correction thereof. In the case of filing for bank ruptcy, the Contractor agrees that by entering this Contract it also stipulates that the bankruptcy court may grant relief to the City from any automatic stay as to this Contract (and as to any escrow agreement) s o that City may proceed pursuant to this provision and terminate the contract if necessary. If within five (5) calendar days after the serving of the notice of intent Engineering Standard Specifications August 5, 2013 77

to terminate, such violations do not cease and sati sfactory arrangements for correction thereof are no t made, then the City may, at its discretion, terminate the Contract at any time thereafter.

In the event of any such termination, the City shal l immediately serve written notice thereof upon the Contractor and its surety; and the surety shall hav e the right to take over and perform the Contract, provided, however, that if the surety within ten (1 0) calendar days after the serving upon it of notic e of termination does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within the ten (10 ) calendar days stated above from the date of the serving of such notice of termination, the City may take over the work and prosecute the same to completion by contract or by any other method it ma y deem advisable, for the account and at the expens e of the Contractor and its surety, and the Contractor and its surety shall be liable to the City for an y excess cost incurred by the City. In such event the City may, without liability for so doing, take possessio n of and utilize in completing the work such materials, appliances, plant and other property belonging to t he Contractor as may be on the site of the work and necessary therefor. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the expenses of finishing the wo rk, including compensation for additional manageria l and administration services, such excess shall be p aid to the Contractor. If such expense shall excee d such unpaid balance, the Contractor and its surety shall pay the difference to the City. The expense incurred by the City, as herein provided and damage incurred through the Contractor's default, shall b e certified by the Engineer.

The City may, at any time, terminate the Contract f or the City’s convenience and without cause. Upon receipt of written notice from the City of such termination for the City’s convenience, the Contractor shall (1) cease operations as directed by the City in the notice; (2) take actions necessary, or that the Ci ty may direct, for the protection and preservation of the Work; and (3) except for Work directed to be perfor med prior to the effective date of termination stated i n the notice, terminate all existing subcontracts a nd purchase orders and enter into no further subcontra cts and purchase orders. The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, but n ot overhead and profit on the Work not executed.

Any termination by City under this Section 8-13, or suspension by City under Section 8-11, “Temporary Suspension of the Work,” shall not act as a waiver of any claims by City against Contractor or others for damages based on breach of contract, negligence or other grounds.

Contractor does not have the right to terminate the Contract or to suspend or slow down its performanc e of the Work. If Contractor believes that it is ent itled to additional compensation (money and/or time ) for any reason, or that it has been wronged for any rea son, then it may submit a request for additional compensation and/or modification of the Contract; h owever, despite such requests as Contractor may make or disputes as may exist, Contractor shall con tinue to diligently prosecute the Work, and acceptably perform the Work, as required by the Contract through completion.

8-14 Acceptance of Contract
When the Engineer has made the final inspection as provided in Section 5-22, "Final Inspection," and determines that the Work has been fully performed, the Engineer will certify the Work as ready for Acceptance and recommend that the City Council form ally accept the Work, and immediately upon and after the Acceptance of the Work by the City Counci l, the Contractor will be relieved of the duty of maintaining and protecting the work as a whole, except any landscape maintenance period required by the City of Visalia Landscape Standards and Specificati ons, and the Contractor will not be required to perform any further work thereon except for warrant y work; and the Contractor shall be relieved of the responsibility for injury to persons or property or damage to the work which occurs after the formal Engineering Standard Specifications August 5, 2013 78

Acceptance by the City Council. Within ten (10) da ys of Acceptance by the City Council, the City shal l record a Notice of Completion with the Tulare County recorder’s office.

Acceptance of any Work shall not be deemed a waiver of the City's rights to remedy by the Contractor o f (a) defective Work covered by warranty or guarantee for which the City gives timely notice to Contractor, and (b) latent defects resulting from defective mat erials or workmanship discovered after the City's recording of its Notice of Completion.

8-15 Utility and Non-Street Facilities; Potholing
Attention is directed to Sections 4-6, “Existing Fa cilities and Structures Shown on Plans,” and 5-9, "Preservation of Property." The Contractor shall p rotect from damage utility and other non street facilities that are to remain in place, or to be in stalled, relocated or otherwise rearranged. As use d in this Section 8-15, “non-street facilities” means any abo ve or below ground facilities which are not a part of the roadway structural section, curb and gutter, an d sidewalk. Utility shall include, but not be limi ted to, sewer, water, recycled water, storm drain, and irri gation pipelines, and above and below ground electrical and gas facilities, cable, telephone, or other utilities and communications facilities.

It is anticipated that some or all of the utility a nd other non street facilities, both above ground a nd below ground, that are required to be rearranged (as used herein, rearrangement includes installation, relocation, alteration or removal) as a part of the street impr ovement will be rearranged in advance of constructi on operations. Where it is not anticipated that the r earrangement will be performed prior to constructio n, or where the rearrangement must be coordinated with th e Contractor's construction operations, the existin g facilities that are to be rearranged will be indica ted on the plans or in the Contract Documents. Whe re a rearrangement is indicated on the plans or in the C ontract Documents, the Contractor will have no liability for the costs of performing the work invo lved in the rearrangement unless the Plans or Contr act Documents indicate such rearrangement is to be performed by the Contractor.

The right is reserved to the City and the owners of facilities, or their authorized agents, to enter u pon the street right of way for the purpose of making those changes that are necessary for the rearrangement o f their facilities or for making necessary connection s or repairs to their properties. In compliance wi th Section 5-15, “Cooperation,” the Contractor shall c ooperate 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 wi th the rearrangement of utility or other non street facilities, and the Contractor shall make arrangements with the owner of those facilities for the coordination of the work.

The Contractor shall be aware of the possible exist ence of underground main or trunk line facilities n ot indicated on the Plans or in the Contract Specifica tions and to the possibility that underground main or trunk lines may be in a location different from tha t which is indicated on the Plans or in the Contrac t Specifications. Prior to commencing any trenching, excavation, or boring operations, or any work that may damage any of the facilities or interfere with their service, the Contractor shall, by potholing or other means approved by the Engineer, ascertain the exact location of underground main or trunk line facilit ies whose presence is indicated on the Plans or in the Contract Specifications or identified by their use or by USA, the location of their service laterals or othe r appurtenances, and of existing service lateral or appurtenances of any other underground facilities w hich can be inferred from the presence of visible facilities such as buildings, meters and junction b oxes, vents, lids or manholes. Prior to constructio n the Contractor will be responsible for verifying that n o conflicts exist between existing and proposed str eet and utility infrastructure improvements. Any addit ional expenses incurred because of the failure of t he Contractor to comply with these requirements shall be borne by the Contractor.

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Utility company service laterals are not shown on p roject plans. Contractor should allow for gas, wat er, sewer, telephone, and cable TV services for each lo t shown. Utility companies will locate services an d Contractor shall protect all services and facilities from injury. In case of damage to existing utilities, they shall be restored by the Contractor or by utility c ompany personnel to the same type and quality of improvement at the Contractor’s cost and expense without additional compensation.

If the Contractor cannot locate an underground faci lity whose presence is indicated on the Plans or in the Contract Specifications, the Contractor shall so no tify the Engineer in writing. If the facility for which the notice is given is in a substantially different location from that indicated on the plans or in th e Contract Documents and extra works is expended by t he Contractor to locate the facility, the additiona l cost of locating the facility will be paid for as extra work as provided in Section 4-11, “Extra Work. ”

Nothing herein shall relieve the City from the duty of identifying main or trunklines in the plans or Contract Specifications pursuant to Government Code section 4215. If the Contractor discovers underground main or trunk lines not indicated on th e plans or in the Contract Specifications, the Contractor shall immediately give the Engineer and the Utility Owner if not the City, written notifica tion of the existence of those facilities. The main or trunk lines 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 said Section 4-11. The Contractor shall, if directed by the Engineer, repair any damage which may occur to the main or trunk lines. Damage due to the Contrac tor's failure to exercise reasonable care shall be repaired at the Contractor's cost and expense.

Where it is determined by the Engineer that the rea rrangement of an underground facility is essential in order to accommodate the street or underground impr ovement and the Plans 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 perfo rmed by the Contractor and will be paid for as extr a work as provided in said Section 4-11. Alternative ly, the Engineer may direct the rearrangement of th e street or underground improvement if movement of the underground facility is not essential.

Should the Contractor desire to have any rearrangem ent made in any utility facility, or other improvement, for the Contractor's convenience in or der to facilitate the Contractor's construction operations, which rearrangement is in addition to, or different from, the rearrangements indicated on the Plans or in the Contract Specifications, the Contra ctor shall make whatever arrangements are necessary with the owners of the utility or other non-street facility for the rearrangement and bear all expense s in connection therewith.

The Contractor shall immediately notify the Enginee r of any delays to the Contractor's operations as a direct result of underground main or trunk line fac ilities which were not indicated on the Plans or in the Contract Specifications or were located in a positi on substantially different from that indicated on t he Plans or in the Contract Specifications, or as a di rect result of utility or other non highway facilit ies not being rearranged as herein provided (other than del ays in connection with rearrangements made to facilitate the Contractor's construction operations or delays due to a strike or labor dispute). Thes e delays will be considered right of way delays within the m eaning of Section 8-10, "Right of Way Delays," and compensation for the delay will be determined in co nformance with the provisions in said Section 8-10.

The Contractor shall be entitled to no other compensation for that delay.

Any delays to the Contractor's operations as a dire ct result of utility or other non highway facilitie s not being rearranged as provided in this Section 8-15, due to a strike or labor dispute, will entitle the Contractor to an extension of time as provided in S ection 8-9, "Liquidated Damages." The Contractor shall be entitled to no other compensation for that delay.

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Potholes or other excavations performed to determin e the location of Utility and Non-Street Facilities , and which potholes or excavations will remain outsi de the area to be excavated for improvements shown on the Plans or specified in the Contract Specifica tions, shall be backfilled, compacted, and the surf ace thereof restored in accordance with Section 19-3, “ Trench and Structure Excavation, Backfill, Compaction, and Surface Restoration.” Exception: P otholes or other excavations in the street area of diameter (or equivalent dimension if non-circular), of 9 inches or less, or any other pothole or excav ation because of depth, shape, or other cause determined by the Engineer not to be feasible to apply the methods of said Section 19-3, shall be backfilled i n accordance with the Utility Pothole Backfill Detail of the Standard Plans in the following manner: the bo ttom 1 foot of the pothole or other excavation shal l be backfilled with clean sand; the remainder of the pothole or other excavation shall be backfilled with slurry cement conforming to Section 19-3.3C, “Slurry Cemen t Backfill,” of the Specifications or with Class 2 Aggregate Base (AB) compacted in accordance with Se ction 19-3. In asphalt pavement street areas the pothole shall be resurfaced with a 7 inch thick hot mix asphalt plug with the surface level with or sl ightly higher than the surrounding existing pavement. The type of surface restoration for potholes outside of the street area shall be directed by the Engineer.

All costs for compliance with this Section 8-15 sha ll be included in the various bid items of work; no additional payment will be made therefor.

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SECTION 9 MEASUREMENT AND PAYMENT
9-1 Measurement of Quantities

A. Units of Measurement
All work to be paid for at a contract price per unit of measurement will be measured by the Engineer in accordance with the U.S. Customary Units of Measurement. A ton shall consist of 2,000 pounds avoirdupois.

B. Quantities
Quantities of work shall be determined from measurements or dimensions in horizontal planes.

However, linear quantities of pipe, piling, fencing, and timber shall be considered as being the true length measured along the longitudinal axis.

C. Volumetric Quantities
Volumetric quantities will be determined by the Engineer, and shall be the product of the mean area or vertical or horizontal sections and the intervening horizontal or vertical dimension.

When payment is to be made on the basis of weight, the weighing shall be done on scales furnished by and at the expense of the Contractor, or on other s ealed scales regularly inspected by the State of California, Department of Food & Agriculture, Divis ion of Measurements & Standards, or its designated representative. All scales shall be suitable for t he purpose intended and shall conform to the Specifications of the State of California, Department of Food & Agriculture, Division of Measurements & Standards. The scales shall be operated by a weigh -master licensed in accordance with the provisions of the California Business and Professions Code. The Contractor shall furnish a Public Weighmaster's certificate, or a Private Weigh-master's certificate of certified daily summary weight sheets. The op erator of each vehicle shall obtain a weight or load slip from the weigher and deliver said slip to the Engineer or Inspector at the point of delivery of the material.

Other materials and items of work which are to be paid for on the basis of measurement shall be measured in accordance with the methods stipulated in these Specifications, or the Contract Specifications for the particular items involved.

Full compensation for all expense involved in confo rming to the requirements specified for measuring and weighing materials shall be considered as inclu ded in the unit price paid for the materials being measured or weighed; no additional compensation will be allowed therefor.

9-2 Cost Breakdown
The Contractor shall submit in a form acceptable to the Engineer, a schedule showing the subdivision o f his contract into its various parts, stating quanti ties and prices for each item, to be made a basis f or checking or computing monthly estimates, if such pa yments are specified. The schedule submitted shall be formatted to match the schedule, item numbers, a nd quantities in the Contract schedule. The prices shall include all costs of each item and payments f or each item will be made on the basis of the unit related to that item. No payment will be made to the Contractor until such schedule has been submitted to and approved by the Engineer. The schedule of valu es shall be balanced and shall not shift excessive portions of the contract price into any particular part of the Work, especially parts of the Work bein g performed earlier in the schedule. No partial paym ent will be made to the Contractor until such sched ule has been submitted to and approved by the Engineer. All cost breakdowns for progress payments shall include only that work that has been installed and completed up to the date shown on the Contractor’s invoice.

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Upon request of the Engineer, the Contractor shall provide a schedule showing the subdivision of any b id item or other work performed as part of the contract.

All costs for compliance with this Section shall be included in the various bid items of work; no additional payment will be made therefor.

9-3 Final Pay Items
When an item of work is designated as (F) in the En gineer's Estimate, or is otherwise indicated in the Contract Specifications as a Final Pay Item, the es timated 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 it em or any portion of the item is eliminated. If the dime nsions 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. If a final pay item is eliminated, the estimated quantit y 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 elimin ated portion of the item of work.

The estimated quantity for each item of work design ated as (F) or indicated otherwise as a final pay i tem in the Engineer's Estimate/Bid Proposal shall be co nsidered as approximate only, and no guarantee is made that the quantity which can be determined by c omputations, based on the details and dimensions shown on the plans, will equal the estimated quanti ty. No allowance will be made in the event that th e quantity based on computations does not equal the e stimated quantity. For a Final Pay Item, the Contractor shall accept payment based on the Bid It em List quantity, regardless of actual quantity use d unless dimensions are changed by the Engineer.

In case of discrepancy between the quantities shown in the Engineer's Estimate for a final pay item an d the quantity or summation of quantities for the sam e item shown on the Plans, payment will be based on the quantity shown in the Engineer's Estimate.

9-4 Scope of Payment
The Contractor shall accept the compensation provid ed in the Contract as full payment for furnishing a ll labor, materials, tools, equipment, and incidentals necessary to complete the Work, for performing all Work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the Work, or from the action of the elements, or fr om any unforeseen difficulties which may be encountered during the prosecution of the Work until the acceptance by the City and for all risks of e very description connected with the prosecution of the W ork; also for the expenses incurred in consequence of the suspension or discontinuance of the Work as pro vided in the Contract; and for completing the Work according to the Plans and Contract Documents. Nei ther the payment of any estimate nor of any retaine d percentage shall relieve the Contractor of the obligation to make good any defective work or material.

No compensation will be made in any case for loss of anticipated profits.

The lump sums and/or unit prices shown in the bid p roposal shall include full compensation for all Wor k and expenses appurtenant to the accomplishment of t he project described in these Contract Documents in the manner indicated herein, including all items de lineated in the Contract Documents for which specif ic bid items are not set up in the bid proposal. The Contractor shall proportionally spread all incidental costs associated with the work for which there are no sep arate bid items into the amount bid for those items of work for which there are bid items, and no separate or additional payment will be made for any requirement of the Contract not specifically listed on the bid proposal.

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9-5 Payment for Extra Work
Extra Work as defined in Section 4-11, “Extra Work, ” when ordered and accepted, shall be paid for unde r a written Contract Change Order in accordance with the terms therein provided. Payment for Extra Work will be made at the unit price or lump sum previous ly agreed upon by the Contractor and the City by written Change Order. When the Contractor and City cannot agree on the price to be paid for extra wor k the Contractor shall perform the work on a force ac count basis only after written approval is received by the Engineer to proceed with the work. No payment will be made to the Contractor for extra work that was completed prior to receiving written approval from the Engineer.

All documentation submitted for Change Order approv al or that is performed on a force account basis shall include at a minimum the following information:

1. A detailed factual account of the events causing the extra work, including:

1.1. Pertinent dates

1.2. Locations

1.3. Work items affected by change

2. An itemized cost breakdown. Segregate costs into the following categories:

2.1. Labor, including:

2.1.1. Individuals

2.1.2. Classifications

2.1.3. Regular and overtime hours worked

2.1.4. Dates worked

2.2. Materials, including:

2.2.1. Invoices

2.2.2. Purchase orders

2.2.3. Location of materials either stored or incor porated into the work

2.2.4. Dates materials were transported to the job site or incorporated into the work

2.3. Equipment, including:

2.3.1. Detailed descriptions, including make, model , and serial number and the Model and Code
reference listed in the Caltrans Labor Surcharge an d Equipment Rental Rates book in effect when the work was performed

2.3.2. Hours of use

2.3.3. Dates of use

2.3.4. Equipment costs (hourly rates and total cost )

3. If a time adjustment is requested:

3.1. Dates for the requested time.

3.2. Reasons for a time adjustment.

3.3. Contract documentation supporting the requested time adjustment.

4. Identification and copies of your documents and copies of communications supporting the extra work, including certified payrolls, bills, cancelled checks, job cost reports, payment records, and rental agreements

Extra work can be paid by force account with and wi thout prevailing wages. For extra work paid on a force account basis on locally funded projects not subject to prevailing wages, the Contractor will be compensated for extra work as negotiated between the City of Visalia and the Contractor. For extra wo rk paid on a force account basis on State and Federall y funded projects subject to prevailing wages, the Contractor shall be compensated in accordance with the provisions of Section 9-1.04, “Force Account,” of the State Standard Specifications. Any referenc es therein to “State” or “Department” shall mean “City.”
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In general, the Contractor shall not be compensated more than the amount allowed under Section 9-1.04, “Force Account,” of the State Standard Specificatio ns unless there is some unique circumstance and the amount is approved by the City of Visalia Change Or der Committee. This applies to all force account and agreed to lump sum or unit price change orders whether the project is subject to prevailing wages or not. For any situation where right of way delays or temporary suspensions of work occur and it is determined that the Contractor is due additional co mpensation, the delay factors listed in the current Department of Transportation Labor Surcharge and Eq uipment Rental Rates book shall be utilized to determine the compensation amount.

The Contractor shall maintain his records in such a manner as to provide a clear distinction between t he direct costs of extra work paid for on a force acco unt basis and the costs of other operations. The Contractor shall furnish the Engineer report sheets in duplicate for each day’s extra work and extra w ork paid for by force account no later than the thirty (30) days following the performance of said work. T he daily report sheets shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The daily report sheet shall provide names or identifications and cl assifications of workmen, the hourly rate of pay an d hours worked, and also the size, type and identification number of equipment and hours operated.

Material charges shall be substantiated by valid co pies of vendor’s invoices. Such invoices shall be submitted with the daily report sheets, if availabl e. Said daily report sheets shall be signed by the Contractor or his authorized agent. After comparis on with the Engineer’s records, any necessary adjustments are to be made and agreed upon. When th ese reports are agreed upon, the final package will be submitted to the Change Order Committee for appr oval. Payment as provided above shall constitute full compensation for the Contractor for performanc e of work paid for on a force account basis, and no additional compensation will be allowed therefore.

If the Contractor and the City cannot agree on the force account price to be paid for Extra Work, or i f the Contractor and the City cannot agree that certain work is Extra Work, then the Contractor shall follow the claim and change order procedures of Sections 4-10, “Changes,” and 4-12, “Notices, Change Orders, and Claims.”

Payment as provided herein shall constitute full co mpensation to the Contractor for performance of Ext ra Work, and no additional compensation will be allowed therefor.

9-6 Partial (“Progress”) Payments And Retentions
By the twentieth (20 th ) day of each month, the Contractor shall, on forms approved by the Engineer, furnish the Contractor’s estimate of work completed prior to that date based on the schedule of values submitted by the Contractor pursuant to Section 9-2 , “Cost Breakdown.” The estimate and application must include the Contractor’s previous month’s dail y logs, updated monthly schedule, and material tickets/weigh-master certificates where payment is based on weight or the City has the right to reject it.

For materials delivered to the site and which are e ligible for partial payment, the amount of any mate rial to be considered in making an estimate will in no case exceed the amount thereof which has been reported by the Contractor to the Engineer on forms approved by the Engineer properly filled out and executed, including accompanying documentation as therein req uired, less the amount of the material incorporated in the work to the time of the estimate. Only mate rials to be incorporated in the work will be consid ered.

The estimated value of the material established by the Engineer will in no case exceed the contract pr ice for the item of work for which the material is furnished. Payment requests submitted after the 20th day of the month will not be processed for payment in the following month, but will be processed for payment in the next succeeding monthly payment period, when such payment will become due and payable.

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Where a Partial (Progress) payment is being made fo r a portion of a lump sum bid item the payment will be prorated and paid on the basis of the ratio of t he total Contract amount ($) completed to date to t he total original Contract amount.

The Engineer shall review, and revise if necessary, the Contractor’s progress payment application. If the City determines that the application is not a prope r payment request, the City should return it to Contractor as soon as practicable with an explanati on of why it is not proper, but not later than fift een (15) days after receipt. If the Contractor and City cannot agree on the amount of work performed or other aspects of the application, then the Contractor sha ll resubmit using the Engineer’s version. (If the Contractor feels that it should be paid more, it ma y follow the claims process under Section 4-12, “Notices, Change Orders, and Claims.”) The City sh ould make the payment within thirty (30) days of the Contractor’s submittal of an undisputed and properl y submitted payment application. City shall requir e Contractor to complete a Conditional Waiver and Release On Progress Payment form prior to payment of a progress payment.

The City shall retain the stated retention amount f or this project, normally this amount will be five (5) percent of the estimated value of the work done and five (5) percent of the value of materials so estimated to have been furnished and delivered and unused as part security for the fulfillment of the contract b y the Contractor. This amount may be higher if the City has complied with Public Contract Code requirements and designated this project as substantially comple x and required a higher retention amount. In those situations the City will withhold the retention amo unt designated in the Special Provisions. At the discretion of the Engineer, at any time after fifty (50) percent of the work has been completed, if th e Engineer finds that satisfactory progress is being made, the City may reduce the amount retained from any of the remaining partial progress payments in a ccordance with Section 9203 of the State Public Contract Code.

The City shall pay monthly to the Contractor, while carrying on the Work, the balance not retained, as aforesaid, after deducting therefrom all previous p ayments and all sums to be kept or retained under t he provisions of the Contract. No monthly estimate or payment shall be required to be made when, in the judgment of the Engineer, the Work is not proceedin g in accordance with the provisions of the contract .

No monthly estimate or payment shall be construed t o be an acceptance of any defective work or improper materials. Attention is directed to the p rohibitions and penalties pertaining to unlicensed contractors as provided in Business and Professions Code Sections 7028.15(a) and 7031.

9-7 Required Releases
The Contractor shall not be entitled to any payment specified in its Contract which is undisputed unti l such time as the Contractor has executed a release, in the following form, releasing the Owner from al l claims relating to the work for which the Contracto r is being paid. The release form contains space f or the Contractor to claim any disputed amount and to designate the retention amount for each period associated with the release. Contractor hereby exp ressly agrees that failure on its part to designate any disputed amount or to designate the correct retenti on amount for each release period on the release fo rm shall constitute an express waiver of the right of the Contractor to claim any disputed amount or any retention amount at any later date. The Owner shal l have no obligation to pay the Contractor for any work done until the release form attached to these Contract Documents has been executed by the Contractor and submitted to the Owner.

Engineering Standard Specifications August 5, 2013 86

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

PAYMENT NOTICE: THIS DOCUMENT WAIVES THE CONTRACTOR’S CLAIMS AGAINST

THE CITY OF VISALIA FOR THE WORK PERFORMED IN THE IDENTIFIED PROJECT ON RECEIPT OF PAYMENT UNLESS LISTED AS AN EXCEPTION.

Owner: City of Visalia
Name of Contractor: _______________________________ ________________________________ Project Description: ______________________________ __________________________________ Period Work Performed: ___________________________ ________________________________

Conditional Waiver and Release (Progress Payment)
This document waives and releases the Contractor’s claims against the City of Visalia upon receipt of the progress payment for all labor and materials furnished and f or all work performed on the above referenced proje ct for the specified period except for the exceptions specified below.

Amount of Progress Payment: _______________________ _______

Exceptions
This waiver and release does not affect any items d escribed below. If the item does not apply, then i t should be left blank. Attach additional pages if needed.

1. Retentions - Retention Amount this Period _________ _________________________

2. Extra Work for which the Contractor has not received payment:
___________________________________________________ ___________________________________ ___________________________________________________ ___________________________________ ___________________________________________________ ___________________________________ ___________________________________________________ ________________________________

3. The following progress payments for which the Contr actor has previously provided the City of Visalia w ith a conditional waiver and release but has not received payment:
___________________________________________________ ___________________________

4. Contract rights including (A) a right based on resc ission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensa ted by the payment, summarize any such exception below :
___________________________________________________ ___________________________________ ___________________________________________________ ________________________________

Signature
The Contractor expressly waives and releases any cl aim the Contractor may have arising out of the proj ect described above for the period specified above upon receipt o f the progress payment, unless the claim is listed as an exception.

This release and waiver has been made voluntarily b y the Contractor without any fraud, duress, or undu e influence by any person or entity.

Contractor further certifies, warrants, and represe nts that all bills for labor, materials, and work d ue subcontractors for the specified period have been paid in full and that the parties signing below on behalf of the Co ntractor have express authority to execute this waiver and release.

___________________________________________________ _________ _____________ Signature Date

___________________________________________________ _________

Print Name
Engineering Standard Specifications August 5, 2013 87

9-8 Prompt Progress Payments Due to Subcontractors.

A prime contractor or subcontractor shall pay any s ubcontractor not later than ten (10) days of receip ts of each progress payment in accordance with the provis ion in Section 7108.5 of the California Business an d Professions Code concerning prompt payment to subco ntractors. The ten (10) days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency’ s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or su bcontractor to the penalties, sanctions and other remedies of that section. This requirement shall no t be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work and pay retainage to the pr ime contractor based on these acceptances. The prime co ntractor or subcontractor shall return all monies withheld in retention from a subcontractor within t hirty (30) days after receiving payment for work satisfactorily completed and accepted including inc remental acceptances of portions of the contract wo rk by the agency. Federal law (49 CFR26.29) requires that any delay or postponement of payment over thirty (30) days may take place only for good cause and wi th the agency’s prior written approval. Any violati on of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanc tions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contr actual, administrative or judicial remedies otherwi se available to the prime contractor or subcontractor, in the event of a dispute involving late payment o r non payment by the prime contractor, deficient subcontract performance or noncompliance by a subcontractor.

9-9 Stop Notices; City’s Right to Withhold Payments
In addition to the retention amount withheld pursua nt to Section 9-6, “Partial (‘Progress’) Payments a nd Retentions,” the City may withhold or nullify the w hole or any part of any partial or final progress payment or any release of retention, to such extent as may reasonably be necessary to protect the City from loss on account of:

A. Defective work not remedied, irrespective of when any such work be defective; B. Failure of the Contractor to make proper payments for labor, material, equipment, other facilities, or to subcontractors;
C. Any penalties provided in these Contract Documents for failure of the Contractor to carry out specific orders of the Engineer.

D. Stop Notices pursuant to Civil Code sections 9350-9364, unless the Contractor at its sole expense provides a bond or other security satisfactory to t he City in the amount of at least one hundred twenty-five percent (125%) of the claim, in a form satisfactory to the City, which protects the City against such claim. Any stop notice release bond shall be executed by a California admitted, fiscally solvent surety, completely unaffiliated wi th and separate from the surety on the payment and performance bonds, that does not have any asset s pooled with the payment and performance bond sureties. The City may also withhold for the estimated reasonable cost of stop notice litigation to be incurred. For any stop notice res olved and/or released, the City may withhold for any reasonable cost of litigation actually incurred for that stop notice; E. Liquidated damages against the Contractor, whether already accrued or estimated to accrue in the future;
Engineering Standard Specifications August 5, 2013 88

F. Reasonable doubt that the Work can be completed for the unpaid balance of any Contract Sum or by the completion date;
G. Damage to the property or work of the City, another contractor, or subcontractor; H. Unsatisfactory prosecution of the Work by the Contr actor, and/or failure to perform all required Work;
I. Failure to store and properly secure materials;
J. Failure of the Contractor to submit on a timely bas is, proper and sufficient documentation required by the Contract Documents, including, with out limitation, monthly progress schedules, shop drawings, submittal schedules, schedule of val ues, product data and samples, proposed product lists, executed change orders, and verified reports; K. Failure of the Contractor to maintain and submit record as-built drawings; L. Erroneous estimates by the Contractor of the value of the Work performed, or other false statements in an Application for Payment;
M. Unauthorized deviations from the Contract Documents; N. Failure of the Contractor to prosecute the Work in a timely manner in compliance with established progress schedules and completion dates;
O. Subsequently discovered evidence or observations nu llifying the whole or part of a previously issued Change Order or Certificate for Payment;
P. Previous overpayment to Contractor;
Q. Credits owed to the City for reduced scope of work or work that the City otherwise permits Contractor to not perform, and such credits will be based on the reasonable bid value of the unperformed work, including markups for overhead and profit; R. The estimated value of performing work deleted purs uant to Section 8-12, “Use of Completed Portions; City’s Right to Complete;”
S. False claims by Contractor;
T. Breach of any provision of the Contract Documents;
U. Potential loss, liability or damages to the City that is potentially caused by the Contractor; and V. As permitted by other provisions in the Contract.

The City shall provide written notice to Contractor of items for which the City is withholding from a payment at the time that the payment is being proce ssed. To claim wrongful withholding by the City, o r if Contractor otherwise disputes any amount being withheld, Contractor must follow the claim procedures of Section 4-12, “Notices, Change Orders, and Claim s.” Upon request of the Contractor from whose payment or release the City withheld funds, the Con tractor shall be given a written copy of the City’s reasons for withholding. When the grounds for with holding funds are removed, payment or release shall be made for amounts withheld because of them. No interest shall be paid on any amounts withheld due to the failure of the Contractor to perform in accorda nce with the terms and conditions of the Contract Documents.

In addition to withholding amounts permitted by the Contract and statutes (including but not limited t o Public Contract Code section 7107), the City may wi thhold an additional 50% contingency from any progress payment or retention release for any unkno wn, uncertain or estimated withhold amount. Once the withhold amount becomes known and certain, then the City shall continue to withhold the known and Engineering Standard Specifications August 5, 2013 89

certain amount and credit, pay or release the remai nder, if any, to Contractor. If the known and cert ain amount exceeds the amount previously withheld, then the City may withhold more from Contractor to cover the excess amount, if unpaid contract funds or retention funds are available for withholding.

The City’s withholdings of any unpaid or unreleased amounts for costs, damages and claims against the Contractor shall take priority over any third party claims against the unpaid or unreleased amounts, including stop notices.

Any overpayment to the Contractor by the City, and any failure to withhold an amount from payment that the City had the right to withhold, shall not const itute a waiver by the City of its rights to withhol d for such amounts from future payments to the Contractor or to otherwise pursue those amounts from the Contractor.

For any stop notice enforcement action against the City filed by any of the Contractor’s subcontractor s or suppliers of any tier, the Contractor shall defend and indemnify the City, and its officers, agents an d employees, against any and all liability, loss, and damages.

9-10 Payment of Withheld Funds (Substitutions for retention) Reference is made to the retention provisions of Se ction 9-6, "Partial (Progress) Payments and Retentions." Upon the Contractor's request, pursua nt to Public Contract Code Section 22300, the City will make payment of funds withheld from progress payments to ensure performance of the contract if the Contractor deposits in escrow with the City or with a bank acceptable to the City, securities equivale nt to the amount withheld. The Contractor shall be benef icial owner of any securities substituted for money s withheld and shall receive any interest thereon. U pon satisfactory completion of the Contract, the securities shall be returned to the Contractor.

Alternatively, upon the Contractor's request, the C ity will make payment of retentions earned directly to an escrow agent. The Contractor may direct the inv estment 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 satis factory completion of the contract, the Contractor shall receive from the escrow agent all securities, inter est and payments received by the escrow agent from the City, pursuant to the terms in Section 22300 of the Public Contract Code.

Securities eligible for investment shall include th ose listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, i nterest bearing demand deposit accounts, standby le tters of credit or any other security mutually agreed to by the Contractor and the City.

The escrow agreement used pursuant to this Section 9-10 shall be substantially similar to the "Escrow Agreement for Security Deposits In Lieu of Retentio n" in Section 22300 of the Public Contract Code, deemed as incorporated herein by reference. The Contractor shall obtain the written consent of the surety to the agreement.

Any of the alternatives to the retentions normally withheld by the City are subject to the provisions of Section 9-9, “Stop Notices; City’s Right To Withhol d Payments,” and to the approval of the City Financ e Director.

9-11 Notice of Potential Claim
In the event that a dispute over the conduct or pay ment of any portion of the Work was not resolved by issuance of a contract change order or other agreem ent between the Contractor and the Engineer, and it is the intent of the Contractor to submit a formal cla im to resolve the matter, the Contractor shall file with Engineering Standard Specifications August 5, 2013 90

the Engineer a written notice of such intent pursua nt to Section 4-12, “Notices, Change Orders, and Claims.”

9-12 Final Progress Payment
Provided no notices of potential claim, proposed change orders, or claims are pending under Section 4-12, “Notices, Change Orders, and Claims,” the Engineer shall, after the completion of the Contract, make a final estimate of the amount of work done thereunde r and the value of such work; and the City shall pa y the entire sum so found to be due after deducting t he retention amount from the final estimate, or oth er amounts as provided in Section 9-6, “Partial (Progr ess) Payments and Retentions” and Section 9-9, “Sto p Notices; City’s Right To Withhold Payments,” to be retained following completion of the work.

If a notice of potential claim, proposed change ord er, or claim is pending under Section 4-12, “Notice s, Change Orders, and Claims,” and is not resolved in time necessary for the processing of the final monthly progress payment as provided in the above paragraph, the Engineer shall cause a semi-final estimate to be prepared, and the Contractor shall be paid any amounts due less any retentions as provided in Section 9-6, “Partial (`Progress’) Payments and Retentions, ” an d Section 9-9, “Stop Notices; City’s Right to Withh old Payments.” Upon resolution of the procedures under said Section 4-12, a final estimate will be prepar ed as above provided, and a final progress payment shall be made.

9-13 Final Payment to Release Owner
The acceptance, without notice of potential claim, by the Contractor of the final payment shall be and shall operate as a release to the Owner (City) of a ll claims and all liability to the Contractor for a ll things done or performed for or relating to the work and f or every act and neglect of the City and others rel ating to or arising out of the work, excepting only the C ontractor's claims, if any, for amounts withheld by the City, upon final payment. However, no payment, fin al or otherwise, shall operate to release the Contractor or his sureties from any obligation upon or under this Contract or the Contractor's bond.

9-14 Payment of Retention
Retention shall be released at the latest sixty (60 ) days after the occurrence of any of the definitio ns of “Completion” for purposes of Public Contract Code S ection 7107 (see definitions of “Completion” in Section 1-3.17B). Any final payment and release of retentions will exclude any amounts withheld in conformance with Section 9-9, “Stop Notices; Rights of the City to Withhold Payments,” and Public Contract Code section 7107. When specified in the Contract Specifications, certain portions of the amount retained pursuant to Section 9-6, “Partial ( ‘Progress’) Payments and Retentions,” may be withheld until the satisfactory completion of the m aintenance period specified in the City of Visalia Landscape Standards and Specifications for work per taining to the installation of landscaping and irrigation facilities.

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SECTION 10 DUST CONTROL
10-1 Dust Control
This work shall consist of maintaining dust control about the site of the work, including any haul roa ds to or from the site, by whatever means are necessary, such as watering, vacuuming, sweeping or oiling, so as to cause the least possible dust nuisance to the pu blic. Any dust control measure ordered by the Engi neer shall be promptly and immediately carried out. The requirements of Section 7, “Legal Relations and Responsibilities,” as it relates to air pollution, water pollution, public convenience, and public safety shall be adhered to as a part of providing Dust Control. The Contractor is responsible for maintaining dust control continuously throughout the duration of the construction project including weekends and holidays, 7 days a week, 24 hours a day.

The Contractor shall make arrangements for and shal l acquire and pay all costs for a satisfactory wate r supply in accordance with Section 5-13, “Electrical and Water Service.” The Contractor shall furnish equipment for transporting and applying water for d ust control. The equipment shall meet the approval of the Engineer.

The Contractor shall comply with all the requiremen ts of Section 7-6, “Air Pollution Control,” and all of the regulations/requirements of the San Joaquin Val ley Air Pollution Control District, hereinafter to be referred to as APCD or Air District, as a part of providing Dust Control.

Dust control shall conform to the provisions of this Section and to the adopted rules from the San Joaquin Valley Air Pollution Control District, Regulation V III to limit fugitive dust emissions from construct ion, demolition, excavation, and related activities. A copy of the rules and requirements of SJVAPCD Regulation VIII can be obtained at the following website:
http://www.valleyair.org/busind/comply/PM10/compliance_PM10.htm

The Contractor is required to submit a Dust Control Plan and application to the San Joaquin Valley Air Pollution Control District to obtain a District-approved Dust Control Plan at least 30 days prior to the start of construction activity if more than 2,500 CY of materials per day will be moved on at least three days of the project or if the project disturbs a surface area of more than 5 acres (non-residential projects). See the Regulation VIII requirements for residential projects. If a dust control plan is not required for the project, the Contractor shall still be required to file a Co nstruction Notification Form with the SJVAPCD at le ast 48 hours prior to commencing any earthmoving activi ties. The Contractor will be responsible for providing the City of Visalia two (2) hard copies of all notification forms and correspondence between the Air District and the Contractor.

Prior to the Contractor submitting a Dust Control P lan and application to the Air District, he shall s ubmit two (2) hard copies of the completed Dust Control P lan and application to the City of Visalia for revi ew and approval. Upon approval by the City, the Contr actor shall submit the required documents to the Ai r District for approval. After the Dust Control Plan and application are approved by the Air District, the Contractor shall provide to the City of Visalia two (2) hard copies of the approved Dust Control Plans , applications, and Air District approval letter prior to the start of construction.

During all phases of the construction and until com pletion of the project, the Contractor shall keep t he work site clean and free from rubbish and debris. T he Contractor shall also control dust by sweeping, vacuuming, sprinkling with water, applying dust pal liative, or other approved methods. Water for use i n dust control will be available from the California Water Service Company fire hydrants. Prior to the u se of such water, the Contractor shall obtain a permit and meter from the California Water Service Company. A specific hydrant shall be designated by the California Water Service Company for use by the Engineering Standard Specifications August 5, 2013 92

Contractor. Contractor shall be responsible for all fees to the California Water Service Company, rela ted to fire hydrant use. If City Municipal Codes are v iolated the Contractor may be subject a code enforcement action and separate penalty under those provisions, including fines, and penalties. In addition, City personnel or equipment may be used t o control the dust at the cost of Contractor, or as per the Municipal Code the City may charge the Contractor double the cost as a penalty.

10-2 Payment
Payment for Dust Control shall include the cost for all labor, materials, and equipment, including the cost of all water used in the performance of the work, necessary to provide dust control and to comply with all regulatory agencies’ requirements and this section including completing permits and paying fees. Wher e the Contract includes a lump sum bid item for Dust Control, full compensation for dust control shall b e included in the lump sum price bid therefor. Payment will be prorated on the basis of the ratio of the total Contract amount ($) completed to date to the total original Contract amount less the sum of dust contr ol and any other prorated items.

Where no bid item is provided for Dust Control, the cost thereof shall be included in the various bid items of work; no separate payment will be made therefor.

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SECTION 11 MOBILIZATION & DEMOBILIZATION
11-1 Description
Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings, staging ya rds, and other facilities necessary for the work on the project; and for all other work and operations whic h must be performed or costs incurred prior to beginning work on the various contract items on the project site, including, but not limited to permit s and bond premiums and insurance premiums.

Demobilization shall consist of all closing work an d operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals off the project site, an d all other work and operations which must be performed to complete the project, including clean-up.

11-2 Payment
The contract lump sum price paid for Mobilization & Demobilization shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involve d in this Section 11.

Where no bid item is provided for Mobilization & De mobilization, the cost thereof shall be included in the various bid items of work; no separate payment will be made therefor.

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SECTION 12 TRAFFIC CONTROL; CONSTRUCTION AREA TRAFFIC CONTROL

DEVICES
12-1 General
This work shall consist of providing for the conven ience and safety of traffic and pedestrians in connection with the Contractor’s operations. Traff ic and pedestrian control shall be furnished, provi ded and maintained in accordance with this Section 12, by the Contractor at all times throughout the life of the Contract/Construction Project including weekends an d holidays, 7 days a week, 24 hours a day. All traffic control devices used in the performance of traffic control shall conform to the requirements o f Section 12-2, “Traffic Control”, and Section 12-3, “Construction Area Traffic Control Devices.” The Contractor shall comply with the provisions of Sect ion 7-17, “Public Convenience,” and Section 7-18, “Public Safety.” These requirements work in conjun ction with the City of Visalia Encroachment Permit Policy Manual. The Contractor will be required to comply with all of the requirements of the current edition of the Encroachment Permit Policy Manual in affect at the time of construction.

12-2 Traffic Control

12-2.1 Traffic Control Plan, Notifications, Portable Chang eable Message Signs (PCMS), Construction Notification Signs

A. Traffic Control Plan
Unless otherwise specified in Construction Specifications, a traffic and pedestrian control plan shall be submitted to the City at the preconstruction meeting or 5 days thereafter for Public projects. In the case of a Non-Public project the Contractor shall submit a traffic control plan (TCP) and full Encroachment Permit application for approval a minimum of ten (10) working days prior to the beginning of construction. The Contractor shall have an Encroachment Permit with effective dates prior to the beginning of construction. If any part of the traffic/pedestrian control plan falls within 300 feet of a signalized intersection, an off-duty officer may be required for traffic control at discretion of the City Engineer. Traffic control plans shall be drawn to a size and scale to show clearly all the necessary details. The traffic control plan shall be prepared by a Civil or Traffic Engineer registered by the State of California or an IMSA or ATSSA certified designer. The Traffic Control Plan shall conform to the requirements of this Section 12, “Traffic Control; Construction Area Traffic Control Devices,” and Part 6 of the California MUTCD.

Where road closures are anticipated or required, the Contractor shall comply with Section 4-14, “Detours,” and Section 12-2.4, “Road Closures,” for special plan preparation requirements. An accepted TCP will be stamped and a copy returned to the Contractor. A copy of the accepted plan must remain on the job site at all times.

The General Contractor shall be responsible for providing the Traffic Control Plan for all phases of the work, for all his subcontractors, and shall submit a new plan for approval whenever site conditions change from those originally anticipated resulting in different impacts to traffic and pedestrian travel/access. All costs for designing and obtaining an approved TCP and Encroachment Permit shall be included in the lump sum price bid for Traffic Control.

B. Notifications.

At least five (5) working days in advance of beginning work in any street, alley, or other public thoroughfare, the Contractor shall notify the Engineer, the City Police and Fire Departments, City Solid Waste and Transit Departments, all ambulance companies, Schools or School Districts and Engineering Standard Specifications August 5, 2013 95

any other jurisdictional agencies involved and comply with their requirements regarding traffic control and public convenience and safety.

In addition, the Contractor shall keep the City Fire Department, Police Department, Solid Waste Department, Transit Department, and ambulance companies informed at all times as to the exact location and progress of the work and shall notify them immediately of any streets closed to traffic or impassable for fire fighting or other safety equipment.

In accordance with Section 8-7, “Notice to Resident s,” residents, tenants and businesses along the work area shall be provided passage as far as practicable, as determined by the Engineer.

Convenient access to driveways, houses and businesses along the road, street, alley or other work area shall be maintained; temporary trench crossings shall be provided and maintained in good condition as required to provide said access. All costs for providing all noticing specified herein shall be included in the lump sum price bid for Traffic Control.

C. Portable Changeable Message Signs
Portable Changeable Message Signs (PCMS) shall be installed on all Collector and Arterial streets where lane restrictions, lane closures or road closures will occur. Other streets may require PCMS as directed by the City of Visalia depending on the proposed phasing of work or field conditions. PCMS shall be installed prior to construction in advance of the project boundary on each approaching roadway indicating the start and end dates of construction as follows:

1. PCMS shall be installed a minimum of seven (7) days in advance of roadway lane restrictions and advance notice of a project.

2. PCMS shall be installed a minimum of fourteen (14) days in advance of roadway closures.

3. PCMS shall be installed as directed by the City Engineer.

All PCMS shall remain in place until construction starts. If construction activity stops for a period of greater than fourteen (14) days or if throughout the duration of construction project road closures are planned to occur PCMS shall be re-installed in advance of these construction activities according to the minimum advanced notice requirements of notes 1-3 of this section.

The wording shown on the PCMS shall be as follows for the following situations:

Closure Situation:

ROAD
CLOSED
AHEAD

BEGINNING DATE
TO

END DATE
USE
POSTED
DETOUR
Lane Restriction Situation:

ROAD
WORK
AHEAD

BEGINNING DATE
TO

END DATE
EXPECT
DELAYS
Commencing Work Situation:

ROAD
WORK
STARTS

BEGINNING DATE
TO

END DATE
EXPECT
DELAYS

Engineering Standard Specifications August 5, 2013 96

The contractor shall be responsible for the placement of any PCMS and all other devices necessary as required by the California MUTCD to assure safety to the public at all times during construction. Each PCMS shall have the proper traffic control measures in advance of each location to alert motorists of a potential obstruction in the roadway. Traffic lanes or sidewalks shall not be obstructed by the PCMS unless approved by the City of Visalia. The Contractor shall check the PCMS daily to ensure they are functioning properly with the appropriate message. The contractor shall repair or replace any PCMS that is not functioning properly within four (4) hours of being notified.

The PCMS signs can be removed following the installation of the Construction Notification Sign when the PCMS are used to identify commencement of work or when the closure or restriction is occurring as the first construction activity. No additional payment will be made to Contractor for CMS signs required to remain due to Contractors failure to furnish and install the Construction Notification Signs. All costs for providing all PCMS as specified herein shall be included in the lump sum price bid for Portable Changeable Message Signs (PCMS).

D. Construction Notification Signs
Construction notification signs shall be installed at or near the locations of the PCMS or as required by the City Engineer, notifying the public of;

1. Project name, and

2. Project duration, and

3. Contractor’s company name with contact telephone number.

Construction notification signs shall be installed as required by the Engineer. The sign’s overall dimension shall not exceed 48 inches in height by 66 inches in width. The lettering size, sign materials, and related sign configuration is shown in Exhibit A. The contractor shall submit a drawing of the proposed sign showing the wording to be displayed and the size of the lettering prior to the fabricating of the signs. A map shall be included with the submittal showing the location of each construction notification sign.

The contractor is responsible for maintaining the sign for the duration of the project. The sign shall be mounted on posts and conform to the 2010 Standard Plans, pages RS-1 through RS-4, of the State of California Department of Transportation.

The construction notification signs shall be installed immediately following the removal of the PCMS. The construction notification signs shall be removed within five (5) days of the completion of the project.

If, any sign is damaged or in the opinion of the City needing to be repaired or replaced, the contractor shall repair or replace the sign within twelve (12) hours of being notified. Full compensation for the repair or replacement of the construction notification sign(s) shall be considered as included in the contract price paid for the related item of work and no additional compensation will be allowed therefore.

All costs for providing all Construction Notification Signs as specified herein shall be included in the unit price bid per each for Construction Notification Signs.

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Exhibit A – Example Construction Notification Sign

12-2.2 Contractor’s Operations
The Contractor shall so conduct his operations as t o cause the least possible obstruction and inconvenience to public traffic and abutting proper ty owners (or tenants), and he shall have under construction no greater length or amount of work th an he can prosecute properly with due regard to the rights and safety of the public.

Unless other existing streets are specified in the Special Provisions to be used as detours, all traff ic shall be permitted to pass through the work area. Two tra ffic lanes, one in each direction, through the work area shall be maintained. However, as an absolute m inimum, one traffic lane shall be kept open with flagperson control, thus maintaining traffic flow. Single lane traffic control shall only be allowed where be approved by the Engineer in writing.

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All lanes through the work area shall have a proper ly maintained all weather surface hereinafter refer red to as Temporary Paving. The Temporary Paving shall consist of a minimum of 2” thick cold mix asphalt (cutback asphalt) pavement. Temporary paving in co llector and arterial streets shall be replaced with final paving within twenty-one (21) days. Temporar y paving in residential streets shall be replaced w ith final paving within forty-two (42) days. If a surf ace other than asphalt concrete is planned to be us ed, prior approval is required from the Engineer. Thi s Temporary Pavement shall be maintained in a safe and reasonably smooth condition until the required final pavement replacement is completed. Temporary paving removed shall be hauled from the job site an d disposed of at the Contractor’s expense; no additional compensation will be provided therefor.

The Contractor shall provide such flagmen, and furn ish, erect, and maintain such fences, barriers, lig hts, and signs as are necessary to give adequate warning to the public at all times throughout the duration of the contract that the road, street, or other work a rea is under construction and of any dangerous cond ition to be encountered as a result thereof. Traffic control conforming to Part 6 of the California MUTCD shall be maintained at all times in, through, and surroun ding the construction site continuously throughout the duration of the project including weekends and holi days, 7 days a week, 24 hours a day. Compliance with the requirements of said manual shall be consi dered as a minimum requirement and the Contractor shall provide additional safety devices when necess ary to maintain a safe condition. The Contractor m ay be required to cover certain signs which regulate o r direct public traffic to roadways that are not op en to traffic. The Engineer will determine which signs shall be covered.

Safe, adequate, continuous and unobstructed pedestr ian and vehicular access shall be maintained to fir e hydrants, residences, commercial and industrial est ablishments, etc., unless other arrangements satisfactory to the owners have been made. Safe an d adequate pedestrian zones and public transportati on stops, as well as pedestrian crossings of the work at intervals not exceeding 300 feet also shall be maintained unless otherwise approved by the Engineer.

Where public traffic and/or emergency vehicles must be routed over areas under construction, the contractor’s operations shall be conducted in such a manner as to provide a smooth and stable roadway surface at all times when the specific area is not under actual construction. Dust control conforming to Section 10, “Dust Control,” shall be provided at al l times. Alternating traffic over work areas, use of one- way traffic control with flaggers, or any other met hods used by the Contractor shall be approved by th e Engineer and shall conform to Part 6 of the California MUTCD.

Construction Area Signs shall be picked up and remo ved from the street right of way at the end of each work day except where said signs are required to re main overnight to adequately warn the public for convenience or safety. Any signs that are permitte d to remain overnight shall be turned and oriented in a manner that does not allow the sign to be read by t he adjacent traffic. All signs, delineators, and o ther traffic control facilities left out overnight shall be retroreflective meeting the requirements of the California MUTCD. All traffic signs and barricades located in any part of the street right of way or pedestrian pathways (sidewalk) that are left out ov ernight shall have flashing yellow beacons installe d on them that meet the specifications listed in the Cal ifornia MUTCD. Exception: Temporary traffic stop signs shall have flashing red beacons instead of yellow.

Contact the City Arborist at (559) 713-4295 prior t o installing any construction area sign in any landscaped areas.

In situations where street paveouts are being constructed or other improvements are being constructed that leave a vertical drop along an edge of pavement in the roadway within 6 feet of a travel lane or designated bike path, the Contractor shall be responsible for installing a compacted and stable 4:1 (4 feet horiz ontal Engineering Standard Specifications August 5, 2013 99

to 1 foot vertical) fill slope from the existing pavement edge to the adjacent grade unless solid unmovable barricades or K-rails are installed to protect the public and isolate the area. At a minimum, this 4: 1 slope shall be in place at the end of each work day and at any other time that work is not being performed at the site.

12-2.3 Flaggers
Flaggers while on duty and assigned to traffic cont rol or to give warning to the public that the stree t or other area is under construction and of any dangero us conditions to be encountered as a result thereof , shall perform their duties and shall be provided wi th the necessary equipment in conformance with Part 6 of the California MUTCD. The equipment shall be furnished and kept clean and in good condition by the Contractor at the Contractor's expense. All flagge rs shall have the proper training and shall meet th e qualification requirements of Section 6E.01 “Qualif ications for Flaggers” of the California MUTCD. At the request of the engineer, the Contractor shall b e responsible for providing training documentation for each flagger on the jobsite prior to construction.

12-2.4 Road Closures
Where road closures and detours are required by the Contract Specifications or the plans, the Contract or shall implement such closures in accordance with th e provisions thereof. Notifications shall be provi ded in accordance with Section 12-2.1, “Traffic Control Plan; Notifications, PCMS, Construction Notification Signs.” The Contractor shall conduct his operation s in accordance with Section 12-2.2, “Contractor’s Operations.”

Where road closures are not prohibited by the Speci fications, and the Contractor for his own convenien ce requests a closure, such request shall be made to the Engineer in writing not less than fifteen (15) working days prior to the requested date of closure. Such request shall be accompanied by a Traffic Managemen t Plan (Road Closure and Detour Plan) prepared by a C ivil or Traffic Engineer registered by the State of California or an IMSA or ATSSA certified designer. The Plan shall conform to the appropriate Part(s) of the California MUTCD. The Engineer should respond to the Contractor not less than five (5) working days prior to the requested date of closure. If ap proved by the Engineer, the Contractor shall implem ent the plan as prepared, including any amendments made by the Engineer thereto. Notifications shall be made in accordance with Subsection 12-2.1, “Traffic Control Plan, Notifications, PCMS, Construction Notification Signs.”

Unless approved otherwise in the Special Provisions or by the City Engineer, all roads shall be re-ope ned to the public at the end of each work day. Tempora ry paving shall be installed, the appropriate traff ic signage shall be removed or left in place, and the roadway shall be made safe for the public.

Where the Engineer determines that non-emergency tr affic or other conditions warrant closure of a road , the Engineer may direct the Contractor to immediate ly prepare a Traffic Management Plan no later than twenty four (24) hours prior to the closure for rev iew by the Engineer. Alternatively, the City may prepare such Plan. The Contractor shall implement the Plan at the time prescribed by the Engineer.

Changed conditions considered to be dangerous or em ergencies requiring immediate closure of a road shall immediately be brought to the Engineer’s atte ntion. If deemed warranted by the Engineer, the Contractor shall immediately implement the closure in accordance with the instructions given by the Engineer.

12-2.5 Deficiencies
Should the Contractor appear to be neglectful or ne gligent in furnishing warning devices and taking protective measures as provided in Section 12-2.2, “Contractor’s Operations,” the Engineer may direct the Engineering Standard Specifications August 5, 2013 100

Contractor’s attention to the existence of a hazard and the necessary warning devices shall be furnish ed and installed and protective measures taken by the Contractor at the Contractor's expense. Should the Engineer point out the inadequacy of warning device s and protective measures, that action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate the obligation to furnish and pay for these devices and measures.

Should the Contractor fail to correct any traffic c ontrol deficiency after being notified by the Engin eer or Inspector and ordered to correct the deficiency, th en the City has the right to remedy the situation a nd deduct the City's costs from the Contractor’s Contr act. Contractor will also be responsible if the Eng ineer or Inspector determines the violation requires an i mmediate corrective response and the City summarily abates the violation.

If City Municipal Codes requiring compliance with e ncroachment permits, including an applicable traffic control plan are violated, then the Contractor may be subject a code enforcement action and separate penalty or fine under those provisions.

12-3 Construction Area Traffic Control Devices

12-3.1 Traffic Control Devices
All traffic control devices required in these Speci fications and furnished by the Contractor shall con form to the requirements of Section 12-3, “Traffic-Handl ing Equipment and Devices,” of the State Standard Specifications. All references therein to the MUTCD and MUTCD California Supplement shall mean the California MUTCD as defined in Section 1, “Definiti ons and Terms.”

12-4 Measurement and Payment
Unless otherwise provided in the Contract Specifica tions, all costs for providing Traffic Control and Construction Area Traffic Control Devices as required in this Section 12 shall be measured and paid for at the lump sum price bid for Traffic Control, and inc ludes compensation for furnishing all labor, materi als, tools, equipment, signs, devices, pavement markings, channelizers, flaggers as required, road closures and detours, temporary pavement installation and remova l and disposal, temporary fences, securing approval of traffic control plans, traffic control plan desi gn, notifications, providing convenient access to a djacent residences and businesses, all devices required for the control of traffic as herein provided, and all incidentals and work required for furnishing Traffi c Control and Construction Area Traffic Control Devices as shown on the Plans and specified in the Specifications and the City of Visalia Encroachment Permit Policy Manual.

Full compensation for Portable Changeable Message S igns (PCMS) shall be measured and paid for on a lump sum basis and shall include furnishing all lab or, materials, tools, equipment, and incidentals fo r doing all the work involved in transporting, instal ling, maintaining, and removing Portable Changeable Message Signs to the satisfaction of the City of Vi salia, and no additional compensation shall be allo wed therefore.

Full compensation for Construction Notification Signs shall be paid per each, and shall include furnishing all labor, materials, tools, equipment, and inciden tals for doing all the work involved in transportin g, installing, maintaining, and removing Construction Notification Signs to the satisfaction of the City of Visalia, and no additional compensation shall be allowed therefore.

At the discretion of the Engineer, monthly progress payments may be prorated on the basis of the ratio that the completed dollar amount of the work bears to the total contract dollar amount, less any other prorated items.

Engineering Standard Specifications August 5, 2013 101

Where road closures and detours are provided for th e convenience of the Contractor which are not otherwise shown on the Plans to be constructed, all costs shall be borne by the Contractor for such ro ad closures and detours, including preparation of the required Traffic Management Plan. No additional payment will be made therefor.

Where the Engineer determines that non-emergency, e mergency, or hazardous conditions not created by the Contractor, nor are due to the failure of the C ontractor to act or use due diligence and care in performance of the work, warrants road closures and detours which are not otherwise shown on the Plans to be constructed, the cost thereof shall be paid f or as extra work in accordance with Section 9-5, “Payment for Extra Work,” including preparation of a Traffic Management Plan if so directed by the Engineer.

Where road closures and detours are made necessary due to conditions created by the Contractor, or due to the failure of the Contractor to act or use due diligence and care in the performance of the work, and where no closure or detour was otherwise contemplat ed, the Contractor shall be responsible for the cos t thereof including the cost of preparing a Traffic M anagement Plan. No additional payment will be made therefor.

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SECTION 13 (RESERVED)
SECTION 14 (RESERVED)

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SECTION 15 REMOVING EXISTING FACILITIES
15-1 General

15-1.1 Description
This work shall consist of removing existing facilities which interfere with construction within the area to be cleared and grubbed as specified in Section 16, "Clearing and Grubbing," or within any area of construction or reconstruction shown on the Plans o r specified in the Specifications, or as directed b y the Engineer. Removed facilities shall be disposed of, salvaged, relaid, reset, relocated or reconstructe d as shown on the Plans or specified in the Contract Specifications.

Trenches, holes, depressions and pits caused by the removal of existing facilities shall be backfilled with embankment material as provided in Section 19, "Ear thwork." Trenches, holes, depressions and pits caused by the removal of street or other facilities that are in surfaced areas, otherwise to remain undisturbed, shall be backfilled with embankment ma terial as provided in Section 19, “Earthwork,” and shall be compacted and final paving installed in ac cordance with the Trench Backfill/Patch Paving Standard Drawing.

15-1.2 Preservation of Property
Existing facilities which are to remain in place sh all be protected in conformance with the provisions of Sections 5-3, “Contractor’s Responsibility for Work ,” 5-9, “Preservation of Property,” 7-4, “Contracto r’s Insurance Requirements and Hold Harmless,” Section 7-16, Injury or Damage to Persons or property,” and Section 8-15, "Utility and Non Street Facilities; Potholing."

A. Traffic Signal Detection Loops
Traffic Signal Detection Loops may exist as far as 300 feet or more from a signalized intersection. After calling for USA mark-outs, the Contractors working within such an area must meet with the City Traffic Signal Technician at the project site to physically review all detection loops in the area in order to minimize damage to the existing loops that are to remain. The Contractor shall be responsible for setting up and having the meeting prior to construction. Any loops that are to remain which are damaged by the Contractor’s operation shall, at the Contractor’s expense, be replaced in accordance with the provisions in Section 45, “Signals, Lighting and Electrical Systems,” and as directed b y the Engineer.

15-2 Miscellaneous Facilities

15-2.1 Description
Miscellaneous facilities shall include all structur es, drainage, irrigation, water and sewer facilitie s, water wells or cisterns, drain wells, septic tanks or pit s, leach fields, right of way and traffic control f acilities including traffic signal detection loops, mail boxe s, fences, walls, survey monuments, corners, or oth er markers, private driveways or approaches, and any o ther miscellaneous improvements or facilities not mentioned in this Section 15-2 but located within t he area to be cleared and grubbed, constructed, or reconstructed, except concrete, bridges and concret e culverts which are provided for in Sections 15-3, “Removing Concrete,” and 15-4, "Bridge, Concrete Cu lvert Removal."

15-2.2 Removal Methods
Removing or abandoning existing facilities which in terfere with construction or which are directed to be removed or abandoned by the Engineer shall be perfo rmed as shown on the Plans, as specified in the Specifications, or as directed by the Engineer.

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A. Well Abandonment
All existing drainage or supply wells, within the limits of the project, which are not in use or intended for future use shall be abandoned in accordance with State of California Bulletin 74-81, Water Well Standards, as amended by Bulletin 74-90, as implemented by the Tulare County Health and Human Services Department. The Contractor performing the well abandonment shall be licensed to perform such work (Class A or Class C-57) in accordance with the provisions of the State Business and Professions Code, Chapter 9, Division 3.

The Contractor shall obtain a permit for the work from the City of Visalia Building Division prior to performing the well abandonment, and shall coordinate with the Building Division for inspection of the work as required. The exposed well shall be securely covered during all periods of inactivity with a suitable cover sufficiently anchored as approved by the County and the City of Visalia to prevent hazard to the public and/or contamination of the well.

B. Obliterating Roads and Detours
Prior to obliteration, all existing bituminous material shall be removed from the roadway and properly disposed of. Unless otherwise specified in the Specifications, obliteration shall consist of rooting, plowing, pulverizing, or scarifying to a minimum depth of 0.5 foot or to the bottom of the impermeable underlying base, whichever is the greater.

After obliteration, the area shall be graded, as shown on the plans or as directed by the Engineer, so that it will blend in with the surrounding terrain and be well drained.

Wherever a portion of existing surfacing is to be obliterated, the outside edge of the existing surfacing, which is to remain in place, shall be sawed to a neat line, prior to obliteration operations.

C. Traffic Stripes and Pavement Markings
Prior to any traffic signs, traffic stripes and pavement markings being removed/modified the Contractor shall have all temporary traffic control measures and signs in place to safely direct traffic through or around the work zone. The City inspector or engineer shall approve the temporary traffic measures prior to any existing street signage, traffic stripes, and pavement markings being removed.

1. Where shown on the Plans or specified in the Specif ications, traffic stripes and pavement markings (paint and thermoplastic) to be removed sh all be accomplished by wet sandblasting or other approved methods which will cause the leas t possible damage to the pavement. Dry sandblasting may be used in selected areas only wit h the permission of the Engineer and with approval of the air pollution control authority hav ing jurisdiction over the area in which the work will be performed. Alternate methods of remov al require prior approval of the Engineer.

Pavement marking images shall be removed in such a manner that the old message cannot be identified. Where grinding is approved by the Engineer for use, the pavement marking image shall be removed by grinding a rectangular area. T he minimum dimensions of the rectangle shall be the height and width of the pavement marki ng. Residue resulting from removal operations shall be removed from pavement surfaces by sweeping or vacuuming before the residue is blown by the action of traffic or wind, migrates across lanes or shoulders, or enters Engineering Standard Specifications August 5, 2013 105

into drainage facilities. Traffic stripes shall be removed before any change is made in the traffic pattern.

Traffic Stripes and Pavement Markings designated to be removed and not to receive a pavement surface treatment per Section 15-2.2.C.3 s hall be removed completely as herein specified. Any voids created by grinding shall be filled using a Type II slurry approved by the Engineer.

All existing striping, stenciling, or other marking s, whether shown for removal or not, that will be in conflict with the intent of any new stri ping shown on the Plans or specified in the Contract Specifications, shall be removed.

2. Removal of Yellow Traffic Striping and Markings tha t may produce Hazardous Waste Residue:

Where grinding or other authorized methods are used to remove yellow thermoplastic and yellow painted traffic stripe and pavement marking that will produce a hazardous waste residue, immediately contain and collect the remove d residue, including dust. Use a HEPA filter-equipped vacuum attachment operated concurre ntly with the removal operations or other equally effective approved methods for collection of the residue.

Make necessary arrangements to test the yellow ther moplastic and yellow paint hazardous waste residue as required by the disposal facility and these specifications. Testing methods and procedures shall meet all current applicable state and federal guidelines.

If analytical test results demonstrate that the res idue is hazardous waste, dispose of yellow thermoplastic and yellow paint hazardous waste resi due at a Class 1 disposal facility located in California under the requirements of the disposa l facility operator within 90 days after accumulating 220 pounds of residue and dust. If the test results demonstrate that the residue is a non-hazardous waste, dispose of the residue at an appropriately permitted CA Class II or CA Class III facility.

3. Traffic stripes and Pavement Markings to be removed for various pavement surface treatment operations shall comply with the following:

Preparation for Fog Seal or Slurry Seal.

In addition to the provisions of (1) above, for Fog Seal and Slurry Seal applications, the Contractor shall protect existing permanent raised pavement markers from damage or coating. Damaged or coated markers shall be replac ed in accordance with Section 47, “Raised Pavement Markers,” at the contractor’s expe nse.

Preparation for Cape Seal.

In addition to the provisions of (1) above, for Cap e Seal applications the Contractor shall remove permanent raised pavement markers in conform ance with Section 15-2.2.D “Pavement Markers,” and at the completion of work r eplace them in accordance with Section 47, “Raised Pavement Markers.”

Preparation for Overlay.

Unless the Plans or Contract Specifications require otherwise, for Overlay applications, the Contractor shall only remove permanent raised pavem ent markers in conformance with Section 15-2.2.D “Pavement Markers,” and at the com pletion of work replace them in accordance with Section 47, “Raised Pavement Marker s.” Engineering Standard Specifications August 5, 2013 106

4. The Contractor shall remove the existing paint and thermoplastic striping, pavement markings or raised pavement markers where required, no earlier than five (5) days before the start of any of the applications specified in (3) a bove. After removing the existing paint, markings, or markers, unless otherwise authorized b y the Engineer, the Contractor shall immediately install temporary reflectorized markers and temporary reflectorized tape which shall be left in place until beginning the applicable application.

Extra caution shall be required at locations with t raffic signal loops where pavement markings or striping must be removed. Loops are loc ated just below surface grade.

Temporary reflective road marker tabs, approved for use by the Engineer, shall be placed in accordance with the manufacturer’s specifications b ut shall not be spaced at more than 15- foot intervals. Temporary reflective road marker ta bs shall also be placed at all stop bars that are removed and shall have a minimum of six (6) ref lectors or as directed by the Engineer.

The Contractor shall also install temporary reflect ive tape to establish obliterated pavement markings including but not limited to crosswalks, s top bars, stop markings, and turn arrows.

The temporary reflective markers and temporary reflective tape shall be the same color as the lane line, centerline, or pavement marking the mark ers/tape replace. The Contractor shall maintain all temporary reflective markers and temporary reflective tape for the entire duration of the project

All temporary markers and tape shall be completely removed prior to the applicable applications specified in (3) above and reinstalled upon completion of the application prior to installation of permanent striping. All protective covers of markers left in place shall be removed after the application for nighttime reflect ivity and visibility. Prior to the application of paint, thermoplastic striping, and pavement markings, temporary road marker tabs and tape shall be removed completely. Re-installation of Traffic Stripes and Pavement Markings shall comply with Section 46, “Traffic Stripes, Signs, an d Pavement Markings.”

D. Pavement Markers
Where removal of existing raised pavement markers is called for on the Plans and/or Contract Specifications, markers including underlying adhesive shall be removed by an approved method that will result in the least possible damage to the pavement or other surfacing. Damage to the pavement or surfacing caused by pavement marker removal shall be repaired by the Contractor at the Contractor's expense by methods acceptable to the Engineer. Pavement markers, whether shown for removal or not, that will be in conflict with the intent of any new striping diagram, shall be removed. During the removal of ceramic type pavement markers, screens or other protective devices shall be furnished to contain any fragments as provided for in Section 7-18, "Public Safety." Fragments resulting from the removal of pavement markers shall be removed from the roadway before the lane or lanes are opened to traffic.

Removal shall be at the direction of the Engineer. The cost thereof shall be included in the various items of work; no additional compensation will be paid therefor.

E. Traffic Signs
All traffic signs and street signs within the limits of the improvement project, if required, shall be removed, salvaged and stockpiled at locations designated by the Engineer. Existing roadside signs shall not be removed until replacement signs have been installed or until the existing signs are no longer required for the direction of public traffic, unless otherwise directed by the Engineer. The Contractor shall install (and ultimately remove) temporary traffic control devices, Engineering Standard Specifications August 5, 2013 107

as required, at locations designated by the Engineer. Traffic control signs and street signs previously removed and salvaged shall be replaced upon completion of the work.

Where the plans indicate the removal of an existing traffic sign from an existing post holding multiple signs, when the top sign is removed, the Contractor shall raise the remaining signs to the top of the existing post.

15-2.3 Disposal
Removed existing facilities that are not to be salv aged or reused in the work shall become the propert y of the Contractor and shall be disposed of as provided in Section 5-12, "Disposal of Material Outside the Right of Way."

15-2.4 Salvage
Materials from existing facilities which are shown on the Plans or specified in the Contract Specifications to be salvaged, shall remain the property of the Ci ty. Salvaging shall include the removal, disassemb ly, preparation, marking, bundling, packaging, tagging, hauling and stockpiling of salvaged materials or facilities to the location shown on the plans or sp ecified in the Specifications. Materials include p arts, articles and equipment of assembled facilities. Sa lvaging does not include the preparation of existin g material that is to be reused in the work.

Materials from an existing facility to be salvaged shall be salvaged; except, when only specific mater ials from the facility are designated to be salvaged, the remaining materials from that facility shall be removed and disposed of.

Materials to be salvaged shall not be removed until their use is no longer required as determined by t he Engineer. Salvaged materials shall be cleaned of e arth and other foreign materials. Adhering concret e shall be removed from salvaged materials.

When practicable, salvaged materials shall be haule d directly to the location specified in the Specifications and stockpiled; however, salvaged ma terials may be temporarily stored at a location selected by the Contractor and approved by the Engi neer, and later hauled to and stockpiled at the fin al location. Materials which are lost for any reason before stockpiling at the final location shall be e ither replaced by the Contractor at the Contractor's expe nse, or, at the discretion of the Engineer, the est imated cost of replacement may be deducted from any moneys due or to become due to the Contractor.

Materials designated to be salvaged that are damage d, as determined by the Engineer, shall be segregat ed from undamaged material. The damaged material shal l become the property of the Contractor and shall be disposed of outside the right of way in conforma nce with the provisions in Section 5-12, "Disposal of Material Outside the Right of Way."

Materials to be salvaged that are damaged as a resu lt of the Contractor's operations shall be repaired by the Contractor, at the Contractor's expense, to the satisfaction of the Engineer. Materials that are damaged beyond repair as a result of the Contractor 's operations shall be disposed of outside the stre et right of way as provided in said Section 5-12 and r eplaced at the Contractor's expense, or, at the discretion of the Engineer, the estimated cost of replacement may be deducted from any moneys due or to become due to the Contractor. Replacements for lost or damaged materials shall be of the same kind and of the same or better quality and condition as the lost or damaged materials were prior to removal.

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Salvaged material shall be packaged and bundled as specified in the Specifications or as directed by t he Engineer, except that frames and covers or frames a nd grates of existing manholes, inlets, or other facilities such as water valve frames and lids, shall be match-marked in pairs.

15-2.5 Reconstruction
Existing facilities that are shown on the Plans or specified in the Contract Specifications to be reconstructed or re-installed at existing or new lo cations shall conform to the design of the existing facilities and shall be new. The work of reconstru ction shall be performed in accordance with the Pla ns, Contract Specifications, and the requirements of th ese Specifications for new work of similar characte r, which apply to the type of facility to be reconstructed, adjusted, modified, remodeled, re-laid, relocated or reset. Where an existing facility not conforming t o current Americans With Disabilities Act (ADA) Standards is to be replaced, unless otherwise shown on the Plans or specified in the Contract Specifications, the new facility shall be construct ed to meet current ADA standards as directed by the Engineer.

Materials to be reused shall not be removed until t heir use is no longer required as determined by the Engineer. Materials to be reused in the work shall be cleaned of earth and other foreign materials.

Adhering concrete shall be removed from materials t o be reused in the work. Materials shown on the Plans or specified in the Contract Specifications t o be reused in the work that are damaged as a resul t of the Contractor's operations shall be repaired by th e Contractor, at the Contractor's expense, to the satisfaction of the Engineer. Materials that are d amaged beyond repair as a result of the Contractor' s operations shall be disposed of outside the right o f way in conformance with the provisions in Section 5- 12, "Disposal of Material Outside the Right of Way."

Material from existing facilities to be reused in the work that, in the opinion of the Engineer, is unsuitable for use in the work shall become the property of th e Contractor and shall be disposed of in conformanc e with the provisions in said Section 5-12. The unsu itable material shall be replaced with new material .

Furnishing of material to replace unsuitable materi als as ordered by the Engineer will be paid for as extra work as provided in Section 4-11, "Extra Work."

A. Frames, Covers, Grates, and Manholes
Frames, covers or grates of existing manholes, traffic boxes, inlets or other facilities shall be adjusted to grade with new materials in accordance with the provisions of these Specifications, the Contract Specifications, and the Standard Drawings. In the absence of any requirements set forth by the foregoing, raising existing facilities to grade shall be accomplished using new materials similar in character to those in the original structure. Existing facilities being adjusted to grade shall be cleaned internally of all mud and debris down to and including the bottom of the manhole, other structure, regardless of whether the material was present prior to beginning of construction.

After the existing cover or grate frame has been removed, the top of the structure to be raised shall be trimmed to provide a suitable foundation for the new material. When reconstruction or adjustment of a concrete drainage or other facility requires partial removal of concrete, sufficient concrete shall be removed to permit new reinforcing steel to be spliced to existing reinforcing steel as specified in Section 52-6, "Splicing," of the State Standard Specifications. Existing reinforcement that is to be incorporated in new work shall be protected from damage and shall be thoroughly cleaned of adhering material before being embedded in new concrete.

Concrete removal shall be performed without damage to the portion that is to remain in place.

Damage to the existing concrete, which is to remain in place, shall be repaired to a condition Engineering Standard Specifications August 5, 2013 109

equal to that existing prior to the beginning of removal operations. The cost of repairing existing concrete damaged by the Contractor's operations shall be at the Contractor's expense.

If a manhole cover that is raised to grade is unstable or noisy under traffic, the conditions shall be corrected by placing a coil of asphalt saturated rope, a plastic type washer or asphaltic compounds approved by the Engineer, on the cover seat.

Facilities located in the pavement area shall not be constructed to final grade until the adjacent pavement or surfacing has been completed. All facilities shall be raised to final grade within 10 calendar days of being covered with final paving. The Engineer shall approve the order in which facilities are raised.

Portions of manholes that are to be lowered shall be removed as directed by the Engineer. Where insufficient depth will exist to allow the proper use of grade adjusting rings to raise the cover to final pavement grade, the manhole shall be lowered to an approximate depth of 3.5 feet below finished grade and shall then be reconstructed with the proper taper to finished grade. When existing manholes or inlets are to be abandoned, pipes entering the manhole or inlet 48 inches in inner diameter or less shall be securely closed by a tight fitting plug or wall of minor concrete not less than 0.67 foot thick, or by a tight brick wall not less than 0.67 foot thick with cement mortar joints in accordance with the Standard Drawings. Minor concrete shall conform to the provisions in Section 50, "Portland Cement Concrete," of these Specifications. The bases of manholes or inlets shall be broken in a manner to prevent entrapment of water. Unless otherwise specified by the Contract Specifications, the manhole or inlet shall be demolished to an elevation 3.5 feet below finished grade and backfilled in conformance with the provisions in Section 19-3.3.B, "Structure Backfill."

B. Fences
Corner posts with braces shall be placed at the junctions of reconstructed fences and existing cross fences and the two fences properly fastened thereto. Gates to be reused shall be installed in reconstructed fences at the locations designated by the Engineer. Clearing required for reconstructed fences shall conform to the provisions in Section 16, "Clearing and Grubbing." Removing and reconstructing fence shall be performed in a manner that will prevent the escape of any animals contained within the fenced area.

C. Extending Pipes
Existing pipe shall be extended as shown on the Plans or specified in the Contract Specifications and shall conform to the requirements for installing new pipe. Existing headwalls, endwalls, or other structures shall be removed and disposed of or moved to the extended location as shown on the Plans or directed by the Engineer. When headwalls or endwalls are to be moved, the pipe shall be cut with smooth edges at a point about one foot back of the headwall or endwall along a plane perpendicular to the center line of the pipe. The headwall or endwall shall then be moved and placed in its new location and the new pipe shall be connected to the existing pipe as shown on the plans or as directed by the Engineer.

D. Irrigation and Sprinkler Systems

1. Sprinkler or irrigation lines disturbed by roadway and structure construction shall be temporarily capped when first disturbed. Contracto r shall be responsible for irrigating existing lawns, shrubs, trees and other landscaping until the irrigation system is reconstructed.

Suitable repairs and reconstruction of irrigations systems shall be completed no later than 10 days from the original disturbance date. Any lands caping that dies or is damaged by the Engineering Standard Specifications August 5, 2013 110

Contractor’s operations shall be replaced to an equ ivalent level or better than it existed prior to construction at the Contractor’s expense.

2. Sprinkler or irrigation lines and facilities distur bed shall be replaced to original condition using similar material as removed. (Galvanized pipe to be replaced with galvanized pipe, brand name heads replaced with same brand name and model.) Sprinkler lines shall be realigned around new improvements and structures in order to duplicate original irrigation coverage.

3. Sprinkler systems disturbed and repaired shall be w ater-tested by the Contractor, prior to backfilling the trenches, in the presence of the Inspector or Engineer before acceptance of the repair.

15-2.6 Measurement
The work performed under this Section 15-2, “Miscel laneous Facilities,” will be measured by units specified in the Contract Specifications for the va rious work described. In the absence of a contract item setting forth methods of measurement, the cost of the work involved shall be considered as included in the price paid for other various items of work, and no measurement is required.

15-2.7 Payment
When the contract includes separate items with unit or lump sum prices for removing, salvaging, adjusting, modifying, remodeling, abandoning, oblit erating, relaying, reconstructing, relocating or resetting any of the miscellaneous facilities, the quantities will be paid for at the contract unit or lump sum price for the item of work involved. If no con tract items are provided, then the cost thereof sha ll be considered to be included in the various other item s of work. No additional payment will be made therefor.

Payments shall include full compensation for furnis hing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in completing the operations as shown on the Plans, a s specified in the Specifications, and as directed by the Engineer.

Full compensation for all excavation and backfill r equired to remove, dispose of, salvage, relay, rese t, relocate and reconstruct facilities for which payme nt is not otherwise provided, shall be considered a s included in the contract unit or lump sum price pai d for the item of work involved and no separate payment will be made therefor. If no contract items are provided, then the cost thereof shall be considered to be included in the various other items of work. No additional payment will be made therefor.

Full compensation for removal of existing striping, pavement markings, and raised pavement markers where required, including additional grinding outsi de the limits of the existing pavement marking imag e to obtain a rectangular area, and placement and rem oval of temporary pavement markings, and repainting or remarking, shall be considered as included in th e contract price paid for the item of work involved and no additional compensation will be allowed therefor . If no contract items are provided, then the cost thereof shall be considered to be included in the v arious other items of work. No additional payment will be made therefor.

Full compensation for removing, preparing, disassem bling, packaging, bundling, tagging, hauling and stockpiling of salvaged materials including any tem porary storage prior to stockpiling and disposal of unwanted portions of facilities or damaged materials, shall be considered as included in the contract price paid for the item involved and no separate payment will be made therefor. In the absence of a contrac t Engineering Standard Specifications August 5, 2013 111

item, the cost thereof shall be considered as inclu ded in the various other items of work. No additio nal payment will be made therefor.

When the contract does not include separate items f or removing any of the existing facilities encounte red within the area to be cleared and grubbed or the removal is not included in another item, then payment for removing the facilities shall be considered as incl uded in the contract prices paid for Clearing and Grubbing or excavation of the type in which the fac ilities are located. If the contract does not incl ude items for clearing and grubbing or excavation, then removing the existing facilities within the area t o be cleared and grubbed will be considered as being inc luded in the various items of work; and no addition al payment will be made therefor.

When an existing facility which is outside the area to be cleared and grubbed is shown on the Plans or specified in the Contract Specifications to be remo ved and the contract does not include an item for i ts removal, or its removal is not included in another item, then payment for removing the facility will b e considered as included in the contract price paid f or Clearing and Grubbing. If the contract does not include an item for clearing and grubbing, then the cost thereof shall be considered as included in th e various items of work; no additional payment will be made therefor.

If the Engineer orders the removal of a facility wh ich is not shown on the Plans or specified in the Contract Specifications to be removed, then removin g the existing facility will be paid for as extra w ork as provided in Section 4-11, "Extra Work."

15-3 Removing Concrete

15-3.1 Description
Concrete shall be removed at the locations shown on the Plans or described in the Contract Specifications, or where directed by the Engineer. Removal shall b e to the lines and elevations shown, specified, or determined by the Engineer.

Concrete shall be defined as all or portions of mor tared rubble masonry, brick or stone curbs, gutters and sidewalks; and portland cement concrete curbs, gutt ers, sidewalks, gutter depressions, driveways, apro ns, slope paving, island paving, barriers, retaining wa lls, spillways, dams, structures, foundations, foot ings, and all other portland cement concrete or masonry c onstruction, except bridges, concrete culverts and pavement which are provided for in Section 15-4, "B ridge, Concrete Culvert Removal," and Section 19-

1.1, "Description."

Types of existing subbase, base, surfacing and pave ment to be removed will be classified for payment a s the type of excavation in which the subbase, base, surfacing and pavement are located. The work for removal of concrete shall include removal and disposal of any reinforcing steel except as provided herein.

Concrete pipe and clay pipe will be considered as m iscellaneous facilities to be removed, salvaged, relaid or disposed of as provided in Section 15-2, "Miscel laneous Facilities," and will not be paid for as removing concrete.

15-3.2 Removal Methods
Unless otherwise specified in the Contract Specifications, existing concrete shall be removed to a depth of at least three (3) feet below finished grade. Exis ting concrete shall be cut to a true line where new concrete is to join existing concrete. Explosives shall not be used for any concrete removal. Concre te removal operations shall be performed without damage to any portion that is to remain in place. Damag e to the existing concrete, which is to remain in pla ce, shall be repaired to a condition equal to that existing Engineering Standard Specifications August 5, 2013 112

prior to the beginning of removal operations. The cost of repairing existing concrete damaged by the Contractor's operations shall be at the Contractor's expense.

Existing reinforcement that is to be incorporated in new work shall be protected from damage and shall be thoroughly cleaned of adhering material before being embedded in new concrete.

Unless otherwise provided in the Contract Specifica tions, removed concrete shall not be buried in adjacent embankments, and shall be disposed of in a ccordance with Section 5-12, “Disposal of Material Outside the Right of Way.” If burial is otherwise provided for, removed concrete shall be broken into pieces which can be readily handled and incorporate d into embankments and is placed at a depth of not less than 3 feet below finished grade and slope lin es. The removed concrete shall not be buried in ar eas where piling is to be placed or within ten feet of trees, pipelines, poles, buildings or other permane nt objects or structures.

The floors of concrete basements, pits and structur es, that are not required to be removed and which a re located within the roadway shall be broken in a man ner that will prevent the entrapment of water. Ful l compensation for breaking up concrete will be consi dered as included in the prices paid for the variou s contract items of work and no separate payment will be made therefor.

When there is a contract item for shattering concre te, concrete pavement and similar slabs upon which embankments are to be constructed, the concrete sha ll be broken up into pieces not larger than 2 feet in greatest dimension and left in place.

15-3.3 Measurement
The work performed under this Section 15-3 and paid for by contract items will be measured by the method specified in the Contract Specifications. I n the absence of a contract item for Removing Concrete, the cost thereof will be considered as be ing included in the lump sum price paid for Clearin g and Grubbing and no measurement will be made.

No deductions will be made from any excavation quantities for the volume of concrete removed.

15-3.4 Payment
Payment for Removing Concrete will be made at the p rice per unit of measurement specified in the Contract Specifications. Payment includes full comp ensation for furnishing all labor, materials, tools , equipment, and incidentals, and for doing all the w ork and performing all the operations involved in removal of concrete as shown on the Plans, as speci fied in the Specifications, and as directed by the Engineer. No additional compensation will be paid for the removal of concrete containing steel reinforcing or other steel where encountered.

In the absence of a contract item for Removing Conc rete, the cost thereof shall be considered as inclu ded in the contract lump sum price paid for Clearing an d Grubbing. If no contract item is provided for Removing Concrete or Clearing and Grubbing, then th e cost thereof shall be considered to be included i n the various other items of work. No additional payment will be made therefor.

15-4 Bridge, Concrete Culvert Removal

15-4.1 Description
This work shall consist of removing existing bridges, concrete culverts, or portions thereof. The type and general dimensions of the bridges or portions of bridges or concrete culverts to be removed will be shown Engineering Standard Specifications August 5, 2013 113

on the Plans or described in the Contract Specifica tions. For purposes of these Standard Specificatio ns, “bridge” shall include concrete box culverts.

Where portions of bridges or culverts are to be rem oved, the removal operations shall be conducted so that there will be the least interference to public traffic using the structure involved. When comple te bridges or culverts are to be removed, removal oper ations shall not be started until public traffic is no longer routed over the structure to be removed.

15-4.2 Removal Methods
At least 10 working days before beginning bridge or culvert removal, the Contractor shall submit to th e Engineer details of the removal operations showing the methods and sequence of removal and equipment to be used. Traffic control conforming to Section 12, “Traffic Control; Construction Area Traffic Con trol Devices,” and as directed by the Engineer shall be provided.

Materials that are to be salvaged shall be carefull y removed and stockpiled near the site at a locatio n designated by the Engineer. Material which is to b e used in any specified reconstructed bridge work a nd has been damaged or destroyed as a result of the Co ntractor's operations shall be repaired or replaced by the Contractor at the Contractor's expense.

Piling, piers, abutments and pedestals shall be removed to at least one foot below ground line or three feet below finished grade, whichever is lower.

Where portions of a bridge or culvert are to be rem oved, the removal operations shall be performed without damage to any portion of the structure that is to remain in place. In these cases, tools with a manufacturer's rated striking energy in excess of 1 ,200-foot pounds per blow, a freely falling mass or a falling mass attached to a cable, rope or chain sha ll not be used for breaking or removing concrete wh ich is attached to or supported by the bridge. Existin g reinforcement that is to be incorporated in new w ork shall be protected from damage and shall be thoroug hly cleaned of all adhering material before being imbedded in new concrete.

A freely falling mass or a falling mass attached to a cable, rope or chain shall not be used above any area open to the public. Falling masses shall not be us ed within 30 feet horizontally of any area open to the public unless adequate protective shields are in pl ace. Protective shields shall be of sufficient siz e and strength to prevent any debris or equipment from en dangering the public. The shields shall be designe d and proportioned as required by the size of equipment and method of operations employed, but in no case shall the shields have a strength less than that pr ovided by good, sound 2 inch thick Douglas fir plan king supported on posts at 5 foot centers.

Before beginning concrete removal operations involving the removal of a portion of a monolithic concrete element, a saw cut approximately one inch deep shal l be made to a true line along the limits of remova l on faces of the element which will be visible in the completed work.

15-4.3 Measurement and Payment
Unless otherwise provided in the Contract Specifica tions, the work to be performed in accordance with this Section 15-4 will be measured and paid for on a lump sum basis price paid for Bridge Concrete Removal or Culvert Removal. Payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and fo r doing all the work involved in removing and disposing of bridges or concrete culverts or portio ns thereof, including salvaging materials not to be reused in the project when salvaging is specified a nd not otherwise paid for, as shown on the Plans, a s specified in the Specifications, and as directed by the Engineer.

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Full compensation for removing materials that are t o be reused in the project shall be considered as included in the contract prices paid for reconstruc ting, relocating or resetting the items involved, o r in such other contract pay items that may be designate d in the Contract Specifications. No additional payment will be made therefor.

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SECTION 16 CLEARING AND GRUBBING
16-1 Description
Clearing and Grubbing shall consist of the removal and disposal of all objectionable materials within the limits of the project as required by the Plans, the Contract Specifications, and as directed by the Engineer.

Clearing and Grubbing shall be performed in advance of grading operations and in accordance with the requirements of these specifications. Reference is made to Section 15, “Removing Existing Facilities. ” Any existing facility not specifically designated o n the plans or Contract Specifications to be remove d shall remain and be protected in place in accordanc e with this Section 16. Removal and disposal of existing roadway or alley materials in advance of r oadway or alley reconstruction shall be considered as excavation for the associated construction items an d not a part of, or to be paid for as, Clearing and Grubbing. Any holes, depressions, or pits resultin g from the removal of objectionable material shall be backfilled in accordance with Section 19-4, “Embank ment Construction.”

16-2 Preservation of Property
The Contractor shall comply with the requirements o f Sections 5-3, “Contractor’s Responsibility for Work,” 5-9, “Preservation of Property,” 7-4, “Contr actor’s Insurance Requirements and Hold Harmless,” 7-16, “Injury or Damage to Persons or Property,” an d Section 8-15, “Utility and Non-Street Facilities; Potholing.” Whether shown on the Plans or not, exi sting improvements, adjacent property, utility and other facilities, and trees and plants that are not to be removed shall be protected from injury or da mage resulting from the Contractor's operations. Unless otherwise specified in the Contract Specifications or on the plans, only trees and plants that are designated on the plans or marked for removal by the Engineer shall be removed.

The Contractor shall notify Underground Service Ale rt at 811 or 1-800-227-2600 a minimum of 5 working days prior to construction and shall make s uch additional investigations and examinations as necessary to determine the existence and locations of all pipes, conduits, and other underground improvements and shall consult with and advise the owners of the utilities before undertaking any work that might endanger them.

The Contractor shall bear full responsibility for a ny damage to pipes, conduits, poles, or any other structures or utilities. The Contractor shall not m ake any claim for inconvenience, delay or added cos t of performing the work which may be attributed in any degree to inaccuracy of information furnished by the City of Visalia relative to the locations, sizes, d imensions, depths, and character of any pipes, cond uits, poles or other structures and utilities.

Existing survey monuments and stakes shall be fully protected from damage or displacement and they shall not be disturbed unless directed by the Engin eer. Any survey monumentation disturbed in connection with the Contractor's operations shall b e reset in accordance with Section 37-2, “Survey Monuments.” Such re-monumentation shall be replace d at the Contractor's expense with no additional compensation paid therefor.

16-3 Construction
Unless otherwise specified or shown on the Plans or specified in the Contract Specifications, the enti re area within the project limits shall be cleared and grubbed by the Contractor. No payment will be made to the Contractor for clearing and grubbing outside th ese limits, unless such work is authorized by the Engineer.

All of the work shown on the Plans and included in the Specifications that is located in public street s, alleys, parks, trails, or other public rights of wa y of the City of Visalia shall be done in accordanc e with Engineering Standard Specifications August 5, 2013 116

City ordinances regulating the use of public rights of way within the City, except as otherwise provided in these Specifications. The Contractor shall comply with all regulations and requirements of the City o f Visalia and shall conduct his operations in compliance therewith.

Within the limits of Clearing and Grubbing, the are a above and below the natural ground surface shall be cleared of all vegetation, such as trees, logs, upt urned stumps, roots of down trees, brush, grass, we eds or other objectionable material as determined by the Engineer. The grading provisions of the City of Visalia Landscape Standards and Specifications apply for sp ecial treatment of grass, weeds, and other organic material in projects involving landscape planting. Trees and other vegetation not to be removed shall be protected from damage in accordance with these specifications

Grubbing shall extend to the outside excavation and fill slope lines. Within the limits of clearing, all stumps, roots 1 1/2 inches in diameter or larger, b uried logs, and all other objectionable material sh all be removed 3 feet below and parallel with the existing ground surface or subgrade, whichever is deeper.

Trees and plants that are not to be removed shall b e protected from injury by the Contractor at his expense. Chapter 12.24 of the City Municipal code regarding the preservation and protection of Oak trees must be complied with.

Within the limits of Clearing and Grubbing, the area below the natural ground surface shall be grubbed to a depth necessary to remove all organic material an d other objectionable material as determined by the Engineer, including, but not limited, to concrete o r masonry, wood, metal, or other scrap. All recycl able items and materials to be removed shall be removed in a manner that facilitates their recycling.

Trees designated for removal shall be removed in su ch a manner as not to injure standing trees, plants , and improvements which are to be preserved. Tree b ranches extending over the roadway which interfere with the work shall be trimmed in a professional ma nner by the Contractor at the direction of the Engineer.

All concrete, asphalt-concrete and oiled dirt withi n the right-of-way shall be removed by the Contract or unless designated to remain on the Plans. Said con crete, asphalt-concrete, or oiled dirt located with in the roadway, alley, curb and gutter, or sidewalk prism to be replaced, shall be considered as included in the contract lump sum price paid for Roadway Excavation and not as Clearing and Grubbing.

Where a portion of an existing concrete facility is to be removed, it shall be cut to a minimum depth of

1.5 inches with an abrasive type saw at the first s coring line at or outside the planned joint and rem oved without damage to any portion that is to remain in place. If curbs and gutters cannot be cut off square and neat, the entire curb and gutter shall be removed t o the nearest weakened plane or expansion joint. T he shortest allowable remaining portion between expans ion joints shall be 8 lineal feet. No patching at expansion joints will be permitted. Removal of por tions of asphalt concrete shall be done as indicate d in the Plans and Specifications.

Where a new concrete facility is to be installed ad jacent to an existing facility the Contractor shall install dowels connecting the new and existing facilities as shown on the Plans and Standard Drawings.

Existing manholes, drain wells, drainage structures , structures and headwalls to be abandoned shall be removed in accordance with Section 15, “Removing Ex isting Facilities.” If no contract item is provide d therefor, removal shall be considered as Clearing and Grubbing.

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All traffic signs and street signs within the limit s to be cleared and grubbed shall be considered as “Miscellaneous Facilities,” and if required, shall be removed, salvaged and stockpiled in accordance w ith Section 15-2, “Miscellaneous Facilities.”

16-4 Removal and Disposal of Materials
All materials removed and not otherwise specified t o be salvaged or reused in the work shall be lawful ly disposed of by the Contractor at disposal sites out side the right-of-way in conformance with. Section 5- 12, “Disposal of Material Outside The Right- of-Way .”

All existing materials that are designated to be sa lvaged shall be removed, cleaned and hauled to the location shown on the Plans or specified in the Contract Specifications and in accordance with Sections 6- 11, “Salvage of Materials,” and 15-2.4, “Salvage.” The roadway and adjacent areas shall be left with a neat and finished appearance. No accumulation of flammable material shall remain on, or adjacent to, the right-of-way.

16-5 Measurement
Clearing and Grubbing will be measured on a lump sum basis.

16-6 Payment
The lump sum price paid for Clearing and Grubbing s hall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in clearing and grubbing as shown on the Plans, set forth in the Contract Specifications, and as directed by the Engineer.

If the Contract does not include a pay item for Cle aring and Grubbing as herein specified, and unless otherwise provided in the Contract Specifications, full compensation for clearing and grubbing required to perform the construction operations specified shall be considered as included in the price bid for oth er various items of work and no additional compensation will be paid therefor.

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SECTION 17 WATER USE
17-1 Description
This work shall consist of developing a water suppl y and furnishing all water required for the work, a nd applying all water. The Contractor shall comply wi th the provisions of Section 5-13, “Electric and Wa ter Service.”

Water for use in the work shall be potable only.

Potable water may be furnished by the Contractor fr om an independent source, or may be obtained from the California Water Service Company, hereinafter referred to as CWS, as specified in Section 5-13.

In compliance with the City of Visalia Landscape St andards and Specifications, the water supply for landscape planting and irrigation systems shall be provided by the Contractor. A permanent water mete r will be furnished by the California Water Service C ompany for each irrigation system connection to the City water system unless otherwise shown on the Pla ns or specified in the Contract Specifications. Th e Contractor will be responsible for all fees and cha rges for all water consumed through these connectio ns, including water consumed through the temporary hydr ant meter obtained in compliance with this Section 17, and water consumed for irrigation system testin g purposes and for landscape irrigation through the maintenance periods specified in the City of Visali a Landscape Standards and Specifications, and up to final acceptance of the work by the Engineer. Water for construction purposes for landscape planting and installation of irrigation systems, such as for dus t control, compaction, etc., shall be obtained in accordance with 5-13, “Electrical and Water Service .”

17-2 Application
Water shall be applied in the amounts, at the locat ions, and for the purposes designated in the Contra ct Specifications and these Standard Specifications, a nd as ordered by the Engineer. Water for compactin g embankment material, soils, subgrade, subbase, base and surfacing material, and for providing dust control shall be applied by means of pressure type distributors or pipe lines equipped with a spray sy stem or hoses with nozzles that will ensure a uniform ap plication of water. Equipment used for the application of water shall be equipped with a positive means of shut off.

Unless otherwise permitted by the Contract Specific ations or the Engineer, or unless all the water is applied by means of pipe lines, at least one mobile water distribution unit with a minimum capacity of 1,000 gallons shall be available for applying water on the project at all times.

17-3 Chemical Additives (Not Used)

17-4 Payment
Full compensation for developing and furnishing wat er in compliance with this Section 17 shall be considered as included in the various contract items of work requiring water, including water required for irrigation systems testing and landscape watering t hrough the maintenance period specified in the City of Visalia Landscape Standards and Specifications. No additional compensation will be paid therefor. In accordance with Section 4-10, "Changes," no separat e or additional compensation for developing and furnishing additional water will be made for any in crease or decrease in the quantity of water require d, regardless of the reason for such increase or decrease.

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SECTION 18 DUST PALLIATIVE
18-1 General
Dust palliative shall be as specified in Section 18 , “Dust Palliative,” of the State Standard Specific ations except that the Payment section will be modified as noted in this Section 18.

18-2 Payment
Full compensation for furnishing Dust Palliative in compliance with this Section 18 shall be considered as included in the various contract items of work requ iring dust palliative. No additional compensation will be paid therefor. In accordance with Section 4-10, "Changes," no separate or additional compensation for developing and furnishing additional dust palliativ e will be made for any increase or decrease in the quantity of dust palliative required, regardless of the reason for such increase or decrease.

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SECTION 19 EARTHWORK
19-1 General

19-1.1 Description
This work shall consist of furnishing all labor, materials, equipment and incidentals and for performing all the work that may be required to construct and maintain the roadway, pipeline, or other facilities requiring earthwork as shown on the Plans and Standard Drawin gs, as specified in the Contract Specifications, an d as directed by the Engineer, complete and in place, including but not limited to the following:

A. Excavation, grading, removal and replacement of mat erial, placement of embankment, importing and exporting material, subgrade preparation and co mpaction and all other operations required in the construction of the finished earth surface for roadways and other surface improvements, including performing all operations necessary to ex cavate all materials, regardless of character and subsurface conditions, from the roadway or areas adjacent thereto.

B. Excavation, placement, backfill, importing and exporting material, compaction, and restoration of surfaces of trenches for the placement of pipelines , conduits and other utilities including, but not limited to, pipelines for sewer, water, non-potable water, storm drains, irrigation, electrical and fiber optic conduits.

C. Excavation, placement, backfill, importing and exporting material, compaction, and restoration of surfaces for the construction or installation of structures.

D. Excavation, backfill, importing and exporting mater ial and compaction of drainage and irrigation ditches and channels;
E. Excavation of selected material from the roadway an d borrow material for use as specified; construction of embankments, including the placing of selected material and imported borrow in connection therewith as specified; backfilling hole s, pits and other depressions within the roadway area; applying water; removing and replacing unsuitable material; F. Excavation, placement, importing and exporting mate rial, compaction and grading road approaches, driveways, and connections; removal of unstable material outside the roadway prism; preparation of basement material for the placing of other material thereon; For purposes of this Section 19, “roadway” shall in clude streets, alleys, easements, trails, parking l ots, park sites, or the sites of other surface improveme nt work. Whenever reference to finished grade or finished surface is made, it shall be considered to be the finished surface of the completed facility.

All hauling of material from, to, or on the job sit e shall comply with Section 6-12, “Materials Haulin g.” Where loads are not required to be covered, if dire cted by the Engineer, the loads shall be watered af ter trimming to eliminate dust as provided in Section 1 0, “Dust Control.” The Contractor shall comply wit h the provisions of Sections 5-9, "Preservation of Pr operty,” and 5-10, "Protection of the Work,” and Section 15, “Removing Existing Facilities,” relativ e to protection and preservation of property, the w ork, and other utilities in performing earthwork operations.

Quantities of all types of existing subbase, base, surfacing, or pavement removed will be included in the quantities of the type of excavation in which they are located, and no separate payment will be made therefor.

Clearing and Grubbing for earthwork operations shal l conform to the provisions in Section 16, “Clearin g and Grubbing.”
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Applying water for earthwork operations shall conform to the provisions in Section 17, “Water Use.”

19-1.2 Protection of Property
The Contractor shall comply with the provisions of Section 5-3, “Contractor’s Responsibility for the Work,” Section 5-9, “Preservation of Property,” Sec tion 7-4, “Contractor’s Insurance Requirements and Hold Harmless,” Section 7-16, “Injury or Damage to Persons or Property,” and Section 8-15, “Utility an d Non Street Facilities; Potholing.” Operations shal l be conducted in such a manner that existing roadw ay or other facilities, utilities, railroad tracks, an d other non street facilities which are to remain i n place, shall not be damaged. The Contractor, at the Contr actor’s expense, shall furnish and install sheet pi ling, cribbing, bulkheads, shores or whatever means may b e necessary to adequately support material carrying the facilities, or to support the facilities themse lves and shall maintain the supports until they are no longer needed. Temporary pavements, facilities, ut ilities and installations shall also be protected u ntil they are no longer required. When temporary supports and other protective means are no longer required, they shall be removed and disposed of as provided i n Section 5-12, “Disposal of Material Outside the Right of Way.”

19-1.3 Grade Tolerance
The grading plane shall not vary consistently above or below the design grade. Except for cuts made f or roadway prisms, the tops and ends of cuts shall be rounded as directed by the Engineer.

Immediately prior to placing subsequent layers of m aterial thereon, the grading plane shall conform to one of the following:

A. When asphalt concrete or asphalt concrete base, or concrete pavement, is to be placed on the grading plane, the grading plane at any point shall not vary more than 0.02 foot above or below the grade established by the Engineer.

B. When subbase or base material (other than asphalt c oncrete base) is to be placed on the grading plane, the grading plane at any point shall not var y more than 0.04 foot above or below the grade established by the Engineer.

C. When sidewalk, curb, curb and gutter, driveways and other road structures are to be placed on the grading plane, the grading plane at any point shall not vary more than 0.02 foot above or below the grade established by the Engineer.

Where surface improvements shall be placed on the grading plane such as sidewalk, curb and gutter, drive approaches, asphalt concrete, concrete pavement, or other improvements the thicknesses shown or called out in the Specifications, Plans and Standard Drawi ngs shall be considered minimum thicknesses and the grading tolerances specified above shall not decrease these required minimum thicknesses.

19-1.4 Removal and Disposal of Buried Man Made Objects If a buried man made object encountered in excavati on is to be removed and its removal and disposal is not included in another item of work, the removal a nd disposal will be paid for at the contract unit p rice or lump sum price paid for the type of excavation i n which the object is encountered, i.e., roadway excavation, trench or structure excavation, etc. H owever, if the presence of the object is not indica ted on the plans or in the Contract Specifications and its presence could not have been ascertained by visual inspection, the removal and disposal of the object will be paid for as extra work as provided in Secti on 4- 11, “Extra Work,” instead of at the applicable cont ract item price if the Contractor so requests in wr iting.

The request shall be made prior to removal. Unless otherwise specified in the Contract Specifications, no blasting of any kind will be permitted.

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Where backfill of a cavity or depression resulting from removal of a buried manmade object is required, it will be paid for in accordance with Section 15, “Re moving Existing Facilities,” or Section 16, “Cleari ng and Grubbing,” except that backfill for objects rem oved from within trench or structure excavations wi ll not be paid for separately but included in the pric e paid for the pipe, conduit or structure requiring the excavation. Where the buried object is not shown o n the plans and could not reasonably be ascertained from the surface, and backfill is required but not covered by any other item of work, and the cavity i s not located in a trench or structure excavation, paymen t for backfill shall be made in accordance with sai d Section 4-11, “Extra Work.”

19-1.5 Compaction Testing & Quality Assurance
No compaction tests of finished subgrade shall be made until such time as the surface is finished to within grade tolerances required by Section 19-1.3 “Grade Tolerance” and the Engineer has been notified of th e time that such compaction tests will be made. The Inspector or Engineer shall specify the locations where compaction tests are to be made. Compaction testing shall be provided in accordance with Section 6-9 o f these Specifications.

Prior to placing any subbase, base, or surfacing ma terials on the subgrade, the subgrade shall be proo f- rolled with heavy pneumatic-tired equipment to identify soft pockets and areas of excess yielding. Do not proof-roll wet or saturated subgrades.

1. Completely proof-roll subgrade in the direction of travel parallel with the roadway. Limit vehicle speed to 3 mph.

2. Proof roll with a loaded 10-wheel, tandem-axle truc k or water truck weighing not less than 15 tons.

3. Excavate soft spots, unsatisfactory soils, and areas of excessive pumping or rutting, as determined by Engineer or Inspector, and replace with compacted backfill or fill as directed.

Proceed with placement of subbase, base, or surfaci ng materials only after unsatisfactory conditions h ave been corrected.

19-2 Roadway Excavation

19-2.1 General
Roadway excavation shall consist of all excavation involved in the grading and construction of the roadway, embankments, ditch or channel excavation, except trench and structure excavation and any excavation separately designated and paid for as a separate item. Roadway Excavation shall include th e area located within the prism of the roadway to be constructed as shown on the Plans and Standard Drawings. “Roadway” shall have the meaning ascribe d by Section 19-1.1, “Description.”

19-2.2 Unsuitable Material
Unsuitable material encountered below the natural g round surface in embankment areas or below the grading plane in excavation areas shall be excavate d and disposed of as directed by the Engineer.

Unsuitable material is defined as material the Engineer determines to be:

A. of such unstable nature as to be incapable of being compacted to specified density using ordinary methods at optimum moisture content; or
B. too wet to be properly compacted and circumstances prevent suitable in place drying prior to incorporation into the work; or
C. otherwise unsuitable for the planned use.

Engineering Standard Specifications August 5, 2013 123

The presence of excessive moisture in a material is not, by itself, sufficient cause for determining t hat the material is unsuitable.

The removal and disposal of unsuitable material wil l be paid for as roadway excavation for the quantit ies involved if the removal of the unsuitable material is shown on the plans or specified in the Contract Specifications.

If the removal of the unsuitable material is not sh own on the plans or specified in the Contract Specifications, the removal and disposal of the unsuitable material will be paid for at the contract price for roadway excavation for the quantities involved unle ss either the Engineer, prior to removal of any unsuitable material, orders the unsuitable material to be removed and disposed of and paid for as extr a work as provided in Section 4-11, "Extra Work," or the Contractor, prior to removal of the unsuitable material, requests in writing that the removal and disposal of the unsuitable material be paid for as extra work as provided in said Section 4-11. However, no payment will be made for removal and replacement or re-working of unsuitable material if such condit ion is deemed by the Engineer to have been caused b y the Contractor’s operations such as, but not limite d to, over-watering or failure to adequately divert drainage around the site of work.

When unsuitable material is removed and disposed of, the resulting space shall be backfilled with material suitable for the planned use. Unless otherwise spe cified or directed by the Engineer, the material sh all be either material conforming to Section 19-2.6, “Sele cted Material,” or conforming to Section 19-4.2, “Imported Borrow.” The backfill material shall be placed and compacted in accordance with Section 19- 4, “Embankment Construction.”

19-2.3 Slopes
Excavation and embankment slopes shall be construct ed in conformance with the lines and grades shown on the plans. When completed, the average plane of the slopes shall conform to the slopes indicated o n the Plans and no point on the completed slopes shal l vary from the designated slopes by more than 0.10 feet measured at right angles to the slope. The top s of excavation slopes and the ends of excavations shall be rounded as shown on the plans or as directed by the Engineer.

19-2.4 Surplus Material/Export Material
Unless otherwise shown on the Plans or specified in the Contract Specifications, surplus excavated material shall be disposed of outside the right of way in accordance with Section 5-12, “Disposal of Material Outside the Right of Way.” The Contractor shall not borrow or waste material unless authorized in writing by the Engineer. The surplus excavated material shall be classified as Export Material. T he Export Material bid item, where used, shall consist of, but not be limited to, furnishing all labor, materials, equipment and incidentals and for perfor ming all the work that may be required to excavate, stockpile, load, haul, and perform all other work to dispose of surplus excavated material outside the right of way as shown on the Plans, as specified in the Contract Specifications, and as directed by the Engineer.

Export Material is a final pay item and if listed o n the bid schedule will be paid on a lump sum basis . If the quantity of surplus material is shown on the Plans or specified in the Contract Specifications as Export Material, the quantity shown or specified is approx imate only. It shall be the responsibility of the Contractor to verify that he is satisfied with the quantities shown on the bid item schedule prior to bidding. No additional compensation will be provided for work involved with removing and disposing of any surplus material in excess of the quantities sh own on the bid item schedule. The Contractor shall be satisfied that there is sufficient suitable materia l available for the completion of any embankments b efore disposing of any material outside the right of way. Any shortage of material, caused by premature Engineering Standard Specifications August 5, 2013 124

disposal of any material by the Contractor, shall b e replaced by the Contractor and no compensation wi ll be allowed the Contractor for such replacement.

If the Contract does not include a pay item for Exp ort Material under this Section 19-2.4, and unless otherwise provided in the Contract Specifications, full compensation for Export Material required to perform the construction operations specified shall be considered as included in the lump sum price bi d for Roadway Excavation.

19-2.5 Deficiency Material/Import Material
If the quantity of acceptable material from excavat ion is not sufficient to construct the roadways and embankments required by the work, the quantity of m aterial needed to complete the embankments shall consist of imported borrow conforming to Section 19 -4.2, “Imported Borrow,” as shown on the Plans, or specified in the Contract Specifications, or as det ermined by the Engineer. The Contractor shall obta in the imported borrow in conformance with the provisi ons in said Section 19-4.2. The imported borrow shall be classified as Import Material. The Import Material bid item, where used, shall consist of, b ut not be limited to, furnishing all labor, materials, equ ipment and incidentals and for performing all the w ork that may be required to purchase, load, haul, sprea d, place, compact and perform all other work to ins tall the import material complete and in place as shown on the Plans, as specified in the Contract Specifications, and as directed by the Engineer

Import Material is a final pay item and if listed o n the bid schedule will be paid on a lump sum basis . If the quantity of surplus material is shown on the Plans or specified in the Contract Specifications as Import Material, the quantity shown or specified is approx imate only. It shall be the responsibility of the Contractor to verify that he is satisfied with the quantities shown on the bid item schedule prior to bidding. No additional compensation will be provid ed for work involved with hauling and placing any import material in excess of the quantities shown on the bid item schedule.

If the Contract does not include a pay item for Imp ort Material under this Section 19-2.5, and unless otherwise provided in the Contract Specifications, full compensation for Import Material required to perform the construction operations specified shall be considered as included in the lump sum price bi d for Roadway Excavation

19-2.6 Selected Material
Selected material shall be defined as material whic h is excavated from a location within the right of way as specified in the Contract Specifications or show n on the plans, and the Contractor shall have no ch oice in the selection.

Selected material shall be used as shown on the plans or specified in the Contract Specifications.

Topsoil excavated within the limits of the project shall be considered as selected material and may be reused as topsoil in landscaping areas.

Granular non-expansive native soil from excavations may be used, unless noted otherwise on the Plans o r in the Specifications, as selected material for bac kfill in holes, pits or other depressions caused by removal of existing facilities in conformance with Section 15, “Removing Existing Facilities,” Section 16, “Clearing and Grubbing,” Section 19-1.4, “Remo val and Disposal of Buried Man-Made Objects,” or Section 19-2.2, “Unsuitable Material.” Selected Ma terial used for backfill or embankment construction shall be granular non-epansive native soil from exc avations free from organic, vegetation, and rocks o r cobbles larger than 3 inches or shall comply with Section 19-4.2, “Imported Borrow.”

Engineering Standard Specifications August 5, 2013 125

When selected material is shown on the Plans or des ignated in the Contract Specifications as a specifi ed layer in the roadway prism, spreading and compactin g the material shall conform to the provisions in Section 25, "Aggregate Subbases," of the Specificat ions. When practicable, and processing is not specified, selected material shall be hauled direct ly from excavation to its final position in the roa dway prism and compacted in place and the work will be p aid for at the contract lump sum price for Roadway Excavation.

When practicable, selected material shall remain in place until it can be excavated and placed in fina l position as provided above. No additional compensa tion will be allowed for any delay or inconvenience in excavation operations, except that if ordered in writing by the Engineer, selected material may be excavated and stockpiled at locations designated by the Engineer and later placed in final position in the roadway prism.

Excavating selected material and stockpiling, if required, will be paid for at the contract price for roadway excavation. Removing the selected material from st ockpiles for later placement in its final position will not be paid for. Placement and compaction will be paid for at the unit price bid for the type of construction requiring the use of selected material . No payment for stockpiling of selected material will be made.

19-2.7 Subgrade Preparation, Compaction
Reference is made to the definitions in Section 1 f or, “Basement Material,” “Grading Plane,” and “Subgrade.” Unless otherwise shown on the Plans or specified in the Contract Specifications, for stre ets divided by a concrete median island, the grading pl ane extends from the back of the concrete curb and gutter adjacent to the outside travel lane, parking lane, or bicycle lane (the “outside curb and gutte r”), to the back of the concrete median curb. For streets not divided by concrete median island, the grading plane extends from the back of one outside curb and gutter to the back of the opposite outside curb an d gutter. For alleys, trails, paths, or other places to receive an improved surface, the grading plane shall extend 12 inches beyond (right of way permitting) either side of the planned finish surface.

The preparation and compaction of the subgrade belo w the grading plane to receive subbase, aggregate base, asphalt-concrete, concrete or other paving materials shall consist of the following:

The soil material beneath the grading plane shall b e bladed or disked to a depth of 6 inches (unless noted otherwise in the Plans, Specifications, or Sp ecial Provisions) and all rocks, hardpan chunks or otherwise unsuitable material over 2 inches in grea test dimension, shall be removed and disposed of off the project site in accordance with Section 5-12, “Disposal of Material Outside the Right of Way.”

The material thus disced or bladed shall be thoroug hly mixed, watered and rolled to a smooth and even condition to a relative compaction of not less than 95 percent in compliance with Sections 6-8, “Samples and Tests,” and 6-9, “Compaction Tests,” t o a depth of not less than 6 inches below the grading plane or as otherwise shown on the Plans or Standard Drawings or specified in the Contract Specifications.

Visalia City CouncilNovember 17, 2025

Visalia City Council
November 17, 2025