West Sacramento City Council
June 26, 2024

October 2023
EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal-aid construction contracts.

The following language, with minor edits, was taken from the Code of Federal Regulations.

MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS

SECTION

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) ..................................................................................... 2 A. Nondiscrimination Statement............................................................................................................... 3 B. Contract Assurance............................................................................................................................... 3 C. Prompt Progress Payment.................................................................................................................... 3 D. Prompt Payment of Withheld Funds to Subcontractors ................................................................... 3 E. Termination and Replacement of DBE Subcontractors..................................................................... 4 F. Commitment and Utilization ................................................................................................................. 6 G. Running Tally of Attainments............................................................................................................... 7 H. Commercially Useful Function............................................................................................................. 7 I. Use of Joint Checks.............................................................................................................................. 8

2. BID OPENING ...................................................................................................................................................... 9

3. BID RIGGING ....................................................................................................................................................... 9

4. CONTRACT AWARD........................................................................................................................................... 9

5. CONTRACTOR LICENSE.................................................................................................................................... 9

6. CHANGED CONDITIONS .................................................................................................................................... 9 A. Differing Site Conditions....................................................................................................................... 9 B. Suspensions of Work Ordered by the Engineer................................................................................. 9 C. Significant Changes in the Character of Work .................................................................................10

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES........................................10

8. BUY AMERICA...................................................................................................................................................10

9. QUALITY ASSURANCE ....................................................................................................................................11

10. PROMPT PAYMENT..........................................................................................................................................12

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS ..........................12

12. FEMALE AND MINORITY GOALS....................................................................................................................12

13. TITLE VI ASSURANCES....................................................................................................................................14

14. FEDERAL TRAINEE PROGRAM ......................................................................................................................19

15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES..........................................................................................................................................................20 Attachment 3
207
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. An adequate GFE means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal.

If the DBE goal is not met, the contractor needs to complete and submit the DBE GFE documentation as described in Local Assistance Procedures Manual (LAPM) Chapter 9, Section 9.8 within 5 (five) days of bid opening.

It is the prime contractor’s responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and Work Code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document this verification by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at: https://dot.ca.gov/programs/civil-rights/dbe-search.

DBE participation will only count toward the California Department of Transportation’s federally mandated statewide overall DBE goal if the DBE performs a commercially useful function under 49 CFR 26.55.

Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d) as follows:
• The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
• The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
• The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. • The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. • The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.

Attachment 3
208
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
• A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

B. Contract Assurance
Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.

C. Prompt Progress Payment
In accordance with California Business and Professions Code section 7108.5, the prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and nonDBE subcontractors.

D. Prompt Payment of Withheld Funds to Subcontractors
The Agency may 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 prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.

Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor.

Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the Attachment 3
209
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor.

Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval.

Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not 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 contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 3: 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 prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not 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 contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime 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.

E. Termination and Replacement of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.

Termination of DBE Subcontractors
After a contract with a specified DBE goal has been executed, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the Agency:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements.

3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law, or is not properly registered with the California Department of Industrial Relations as a public works contractor.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to Attachment 3
210
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The Agency determines other documented good cause.

To terminate a DBE or to terminate a portion of a DBE's work, the contractor must use the following procedures:

1. Send a written notice to the DBE of Contractor’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the Agency. The written notice to the DBE must request they provide any response within five (5) business days to both the Contractor and the Agency by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within 5 business days, Contractor may move forward with the request as if the DBE had agreed to Contractor’s written notice.

3. Submit Contractor’s DBE termination request by written letter to the Agency and include:
• One or more above listed justifiable reasons along with supporting documentation. • Contractor’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of Contractor’s written notice
• The DBE's response to Contractor’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The Agency shall respond in writing to Contractor’s DBE termination request within 5 business days.

Replacement of DBE Subcontractors
After receiving the Agency’s written authorization of DBE termination request, the Contractor must obtain the Agency’s written agreement for DBE replacement. The Contractor must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the Agency which must include:
a. Description of remaining uncommitted work items made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Quote for bid item work and description of work to be performed • Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Subcontracting Request form
• Revised Exhibit 15-G: Construction Contract DBE Commitment

2. If Contractor has not identified a DBE replacement firm, submit documentation of the Contractor’s GFEs Attachment 3
211
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
to use DBE replacement firms within 7 days of Agency's authorization to terminate the DBE. The Contractor may request the Agency's approval to extend this submittal period to a total of 14 days.

Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and/or other work the Contractor had intended to self-perform, to the extent needed to meet the DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements • Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide Contractor’s reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive • Copies of each DBE's and non-DBE's price quotes for work identified, as the Agency may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher • Additional documentation that supports the GFE
The Agency shall respond in writing to the Contractor’s DBE replacement request within five (5) business days.

The Contractor must submit a revised Subcontracting Request form if the replacement plan is authorized by the Agency.

F. Commitment and Utilization
The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The bidder shall complete and sign Exhibit 15-G: Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. LAPM Exhibit 9-I: DBE Confirmation or equivalent form and DBE’s quote must be submitted. The written confirmation must be submitted no later than 4pm on the 5th day after bid opening. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.

If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive.

The prime contractor shall use each DBE subcontractor as listed on Exhibit 15-G: Construction Contract DBE Commitment unless they receive written authorization for a termination or replacement from the Agency.

The Agency shall request the prime contractor to:

1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st-tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBEtrucking company, regardless of tier
• Date of payment and total amount paid to each DBE (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.

Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form.

Attachment 3
212
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.

Upon work completion, the prime contractor shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.

G. Running Tally of Attainments
For projects awarded on or after March 1, 2020, but before September 1, 2023:

After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects that are awarded on or after September 1, 2023:

Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the prime contractor must now submit Exhibit 9-P to the Local Agency administering the contract. If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

H. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work on the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF. Additionally, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

The Contractor must perform CUF evaluation for each DBE company working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work, and continue to monitor the performance of CUF for the duration of the project.

The Contractor must provide written notification to the AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 (ten) days of a DBE initially performing work or supplying materials on the contract, the Contractor shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J:

Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
Attachment 3
213
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
The Contractor must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. The Contractor must submit to the AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three (3) months of work.

The Contractor must notify the AGENCY immediately if the Contractor believes the DBE may not be performing a CUF.

The AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional AGENCY evaluations. The AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The AGENCY will provide written notice to Contractor and DBE at least two (2) business days prior to any evaluation. The Contractor and DBE must participate in the evaluation. Upon completing the evaluation, the AGENCY must share the evaluation results with the Contractor and DBE. An evaluation could include items that must be remedied upon receipt. If the AGENCY determines the DBE is not performing a CUF the Contractor must suspend performance of the noncompliant work.

The Contractor and DBEs must submit any additional CUF related records and documents within five (5) business days of AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If the Contractor and/or the AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, immediately suspend performance of the noncompliant portion of the work. The AGENCY may deny payment for the noncompliant portion of the work. The AGENCY will ask the Contractor to submit a corrective action plan (CAP) to the AGENCY within five (5) days of the noncompliant CUF determination. The CAP must identify how the Contractor will correct the noncompliance findings for the remaining portion of the DBE's work. The AGENCY has five (5) days to review the CAP in conjunction with the prime contractor’s review. The Contractor must implement the CAP within five (5) days of the AGENCY's approval. The AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a CUF on the Contract, then the Contractor may have good cause to request termination of the DBE.

I. Use of Joint Checks
A joint check may be used between the Contractor or lower-tier subcontractor and a DBE subcontractor purchasing materials from a material supplier if the contractor obtains prior approval from the LPA for the proposed use of joint check upon submittal of the LAPM 9-K: DLA Disadvantaged Business Enterprises (DBE) Joint Check Agreement Request form.

To use a joint check, the following conditions must be met:
• All parties, including the Contractor, must agree to the use of a joint check • Entity issuing the joint check acts solely to guarantee payment • DBE must release the check to the material supplier
• LPA must authorize the request before implementation
• Any party to the agreement must provide requested documentation within 10 days of the LPA's request for the documentation
• Agreement to use a joint check must be short-term, not to exceed 1 year, allowing sufficient time needed to establish or increase a credit line with the material supplier Attachment 3
214
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
A request for a joint check agreement may be initiated by any party. If a joint check is used, the DBE remains responsible for all elements of 49 CFR 26.55(c)(1).

Failure to comply with the above requirements disqualifies DBE participation and results in no credit and no payment to the Contractor for DBE participation.

A joint check may not be used between the Contractor or subcontractor and a DBE regular dealer, bulk material supplier, manufacturer, wholesaler, broker, trucker, packager, manufacturer’s representative, or other persons who arrange or expedite transactions.

2. BID OPENING
The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.

3. BID RIGGING
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424- 9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

4. CONTRACT AWARD
If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.

5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (23 CFR 635.110).

6. CHANGED CONDITIONS
A. Differing Site Conditions

1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. [This provision may be omitted by the Local Agency, at their option.] B. Suspensions of Work Ordered by the Engineer

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

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

Attachment 3
215
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023

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

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

C. Significant Changes in the Character of Work

1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

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

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

4. The term “significant change” shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
• When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.

This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.

The Contractor shall pay to the City/County the sum of $ per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.

8. BUY AMERICA
Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.

Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:

1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.

Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.

Attachment 3
216
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.

Construction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:

1. Non-ferrous metals

2. Plastic and polymer-based products such as:

2.1 Polyvinylchloride

2.2 Composite Building Materials

3. Glass

4. Fiber optic cable (including drop cable)

5. Optical fiber

6. Lumber

7. Engineered wood

8. Drywall
All manufacturing processes for these materials as defined in 2 CFR 184.6 must occur in the United States.

Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.

Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.

All manufacturing processes for these materials must occur in the United States.

Buy America requirements do not apply to the following:

1. Tools and construction equipment used in performing the work

2. Temporary work that is not incorporated into the finished project Waivers
If Buy America waivers are granted, use the following language to include in the contract:

The following steel and iron products, manufactured products, or construction materials have received an approved Buy America waiver for this contract, and therefore, are not subject to Buy America requirements:

1. _______________________________

2. _______________________________

9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.

Attachment 3
217
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023

10. PROMPT PAYMENT
A. FROM THE AGENCY TO THE CONTRACTORS
The Local Agency shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from the Contractor on a construction contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the Local Agency shall act in accordance with both of the following:

1. The Local Agency shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.

2. The Local Agency must return any payment request deemed improper by the Local Agency to the Contractor as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. SUBMITTAL OF EXHIBIT 9-P
For projects awarded on or after September 1, 2023:

The Contractor must submit Exhibit 9-P to the Local Agency administering the contract by the 15th of the month following the month of any payment(s). If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The Local Agency must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfall to the DBE commitment and prompt payment issues until the end of the project. The Local Agency must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the Contractor.

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS [Form FHWA-1273 must be physically inserted into the contract without modification, excluding ATTACHMENT

A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS.]
[The current version of Form FHWA-1273 is accessible at FHWA’s website:
https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf]

12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows:

Attachment 3
218
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023

MINORITY UTILIZATION GOALS
Economic
Area
Goal
(Percent)
174 Redding CA:

Non-SMSA (Standard Metropolitan Statistical Area) Counties:

CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama

6.8 175
Eureka, CA
Non-SMSA Counties:

CA Del Norte; CA Humboldt; CA Trinity

6.6 San Francisco-Oakland-San Jose, CA:

28.9 25.6

19.6 14.9

9.1 17.1

23.2 SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA
176 CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:

CA Lake; CA Mendocino; CA San Benito
177
Sacramento, CA:

SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba

16.1 14.3
Stockton-Modesto, CA:

SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
2840 Fresno, CA
CA Fresno
Non-SMSA Counties:

CA Kings; CA Madera; CA Tulare

26.1 23.6
Attachment 3
219
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
Los Angeles, CA:

11.9 28.3

21.5 19.0

19.7 24.6
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
180 6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:

16.9 18.2
SMSA Counties
181 7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.

13. TITLE VI ASSURANCES
[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E.

Note: Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.]

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Attachment 3
220
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subapplicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title Attachment 3
221
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
Attachment 3
222
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such Attachment 3
223
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

Attachment 3
224
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
Federal Trainee Program Special Provisions
(to be used when applicable)

14. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is .

This section applies if a number of trainees or apprentices is shown on the Notice of Bidders.

As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.

The prime contractor has primary responsibility for meeting this training requirement.

If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.

Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.

Before starting work, the prime contractor shall submit to the City/County of :

1. Number of apprentices or trainees to be trained for each classification

2. Training program to be used

3. Training starting date for each classification
The prime contractor shall obtain the City/County of approval for this submitted information before the prime contractor starts work. The City/County of credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeyman status.

The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.

The prime contractor shall not employ as an apprentice or trainee an employee:

1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman

2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.

In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of and FHWA approves a program if one of the following is met:

1. It is calculated to:
• Meet the equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period

2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
Attachment 3
225
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.

The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower-level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

The City/County of reimburses the prime contractor 80 cents per hour of training given an employee on thiscontract under an approved training program:

1. For on-site training

2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period

3. If the prime contractor complies with this section.

Each apprentice or trainee must:

1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill

2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee a:

1. Copy of the training plan approved by the U.S, Department of Labor or a training plan for trainees approved by both Caltrans and FHWA

2. Certification showing the type and length of training satisfactorily completed Maintain records and submit reports documenting contractor’s performance under this section.

15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND

SERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above-mentioned companies.

Attachment 3
226
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

October 2023
In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list.

Attachment 3
227
1919832.3 7203-038
Bid Documents
Highway Safety Improvement Project Page | 3-1
Exhibit 15-G: Construction Contract DBE Commitment
DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

3. Include additional copy with award package.

10. Bid
Item
Number

11. Description of Work, Service, or
Materials Supplied

12. NAICS or
Work
Category
Codes

13. DBE
Certification
Number

14. DBE Contact Information
(Must be certified on the date bids are
opened)

15. DBE
Dollar
Amount

Local Agency to Complete this Section upon Execution of Award 16. TOTAL CLAIMED DBE PARTICIPATION

22. Local Agency Contract Number:

23. Federal-Aid Project Number:
%

24. Bid Opening Date:

25. Contract Award Date: IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required.

26. Award Amount:

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

27. Local Agency Representative’s Signature 28. Date

17. Preparer’s Signature 18. Date

29. Local Agency Representative’s Name 30. Phone

19. Preparer’s Name 20. Phone

31. Local Agency Representative’s Title 21. Preparer’s Title

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Bidder's Name: 6. Prime Certified DBE:  7. Bid Amount:

8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:

City of West Sacramento 18%
Highway Safety Improvements 12203, 14053, 14054, 14055
Various Locations West Sacramento, CA
Central Valley Engineering & Asphalt, Inc. $2,364,269
$1,443,085 7
35-38 Electrical Supplier 39438 Logistical Enterprises 559-392-1124 $443,818 5 Traffic Control & Plans 40463 Almendariz Consulting 916-939-3392 $18,000 $461,818

19.5 5/14/24
Bayley Follett 916-952-3111
Project Engineer
Attachment 3
228
Attachment 3
229
Attachment 3
230
Attachment 3
231
Attachment 3
232
Attachment 3
233
Attachment 3
234
1919832.3 7203-038
Bid Documents
Highway Safety Improvement Project Page | 3-2
INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT

CONTRACTOR SECTION

1. Local Agency - Enter the name of the local agency that is administering the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

4. Project Location - Enter the project location(s) as it appears on the project advertisement.

5. Bidder’s Name - Enter the contractor’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor.

8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors.

SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided.

11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

12. NAICS or Work Category Codes - Enter NAICS or Work Category Codes from the California Unified Certification Program database.

13. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

14. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor’s name and phone number, if the prime is a DBE.

15. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

16. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

17. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name.

18. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer.

19. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form.

20. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.

21. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form.

LOCAL AGENCY SECTION

22. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

23. Federal-Aid Project Number - Enter the Federal-Aid Project Number(s).

Attachment 3
235
1919832.3 7203-038
Bid Documents
Highway Safety Improvement Project Page | 3-3

24. Bid Opening Date - Enter the date contract bids were opened.

25. Contract Award Date - Enter the date the contract was executed.

26. Award Amount – Enter the contract award amount as stated in the executed contract.

27. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate.

28. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

29. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form.

30. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.

31. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form.

Attachment 3
236
1919832.3 7203-038
Bid Documents
Highway Safety Improvement Project Page | 3-5

Publications Dates of
Advertisement

B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates

EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON
The City of West Sacramento established a Disadvantaged Business Enterprise (DBE) goal of _____% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.

Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:

A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Attachment 3
237
1919832.3 7203-038
Bid Documents
Highway Safety Improvement Project Page | 3-6
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.

D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:

Names, addresses and phone numbers of firms selected for the work above:

E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:

Items of
Work
Proposer or Bidder
Normally Performs Item
(Y/N)
Breakdown of
Items
Amount
($)
Percentage
Of
Contract
Attachment 3
238
1919832.3 7203-038
Bid Documents
Highway Safety Improvement Project Page | 3-7
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:

G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of Contact
Results
H. Any additional data to support a demonstration of good faith efforts:

Attachment 3
239

PROPOSED ESTIMATE FOR TRAFFIC CONTROL SERVICES
HIGHWAY SAFETY IMPROVEMENTS 12203, 14053, 14054, 14055

WEST SACRAMENTO, CA
CENTRAL VALLEY ENGINEERING & ASPHALT, INC.
05/10/24

TRAFFIC CONTROL SERVICES RATE UNIT
Monday - Friday, up to 8 hour daytime shift, includes all required standard signs, stands and devices.

Flagging Operation / Lane Closure: (2) Technicians, (1) Traffic Truck, (1) Arrow Board $1,795.00 8/hr shift Double Lane Closure: (2) Technicians, (1) Traffic Truck, (2) Arrow Boards $1,940.00 8/hr shift Multi-Lane Closure: (2) Technicians, (2) Traffic Trucks, (2) Arrow Boards $2,240.00 8/hr shift Additional Technician $825.00 8/hr shift
EQUIPMENT RENTALS - if needed DAILY WEEKLY MONTHLY
Additional Traffic Truck $400.00
Additional Arrow Board $75.00
Portable Changeable Message Sign $300.00 $700.00 $1,500.00 Light Tower - fuel surcharge applies $300.00 $700.00 $1,500.00

MISCELLANEOUS RATE UNIT
Overtime - per technician, beyond 8 hour shift, 6th consecutive work day, and Saturdays $130.00 ea hour Premium Time - per technician, beyond 12 hour shift, 7th consecutive work day, Sundays, and Holidays $160.00 ea hour Shift Differential / Evening Work - in addition to daytime rate above $150.00 per tech

BASIS OF CHARGES
Day shift traffic control services are billed with a 4/hour minimum, 4/hour increment, .25/OT hour increment thereafter.

Night shift traffic control services are billed with an 8/hour minimum, .25/OT hour increment thereafter.

Out of scope items will be billed on a time and material basis per the current ACI Standard Fee Schedule.

Almendariz Consulting, Inc. is signatory to the Laborers Union of Northern California.

If no lunch/break taken by Technician, .5/OT hour will be charged per technician.

Rates based on standard weekday hours. Additional costs will be charged for evenings, weekends and holidays.

Payment terms is Net 30.

Submitted By:

Mat Almendariz
Almendariz Consulting, Inc.

Mobilization / Demobilization will be billed in addition to the rental rate, project specific. •
•
1136 Suncast Lane, Ste. 9, El Dorado Hills, CA 95762 | P: 916.939.3392 | F: 916.720.0273 Contractors License No. 979806 | DBE No. 40463 | SBE No. 1738830 | CPUC No. 13070085 | DIR No. 1000001596 www.ALMENDARIZCONSULTING.com
•
•
•
•
•
Thank you for considering Almendariz Consulting, Inc. to service your project! Submitted By:

Attachment 3
240
CMC Traffic Control Specialists, LLC
3450 3rd St, Suite 3G
San Francisco, CA 94124
Phone: (415) 206-1700
Fax: (415) 206-1711
[email protected]
www.cmctraffic.com
CSLB License No. 792059 (C31)
SF Business Tax Reg. No. 1144481
SF Vendor No. 68165
FEIN No. 01-0620791
DIR Registration No. 1000006503

MBE/SBE/DBE
DBE No. 33473
CA DGS SBE ID No. 61410
To:

Bayley Follet
HSIP - Intersection Safety & Signal
Improvements
From: Gavin Stilts
Phone: Pages: 3
Fax: Date: 2/21/24
Re: CC:
¨Urgent þFor Review ¨Please Comment ¨Please Reply ¨Please Recycle CMC
Traffic Control Specialists 3450 3rd St. Suite 3G, San Francisco, CA. 94124 Contractor Lic. 792059
SBE/MBE/ Small Business Certified
DBE Certified / 20 Years of Experience / 0.7 EMR
(415) 206-1700 – Fax (415) 206-1711
www.cmctraffic.com [email protected]

ALL YOUR TRAFFIC CONTROL NEEDS
RENTAL–SALES–ENGINEERING–CONTRACTING

TRAFFIC PLANS

TRAFFIC COUNTS

PERMITS

SIGN SHOP

STRIPING

LANE CLOSURES

HIGHWAY CLOSURES

PILOT CARS

K-RAIL/CRASH

CUSHIONS

TC SUPERVISORS

FLAGGERS

WATER WALL

BARRIERS

TRAFFIC CONES

SUPPLIES/SALES

TEMPORARY SIGNALS

LIGHT TOWERS

CHANGEABLE

MESSAGE BOARD
Attachment 3
241
Confidential (Rev 12.14.22) Page 2 of 3 4/25/2024
Caltrans Equipment Pricing
• Attenuator Truck – Daily Rate $1300 – Night Rate $1350 Lane Closure Daily Rate on Conventional Road (per Caltrans drawing T11) / One Man Crew $1050 / DAY • Includes a 1 man crew with a pickup truck, up to 50 cones, 6 vinyl signs with stands and an arrow board. • Rates include a shift of 8 hours ST. ½ day minimum charge. Full shift charge after 4 hours. • Add $50 per 8 hour shift for night work labor premium and $20 per portable flashing beacon • Hourly rates: OT day $160 / OT night $167.50 / DT day $185 / DT night $195 • Mobilization and subsistence charges may apply based on scope of work, location, and schedule Lane Closure Daily Rate for Multi-lane Road (per Caltrans drawing T10) / Two Man Crew $1850 / DAY • Includes a 2 man crew with a pickup truck, up to 50 cones, 6 vinyl signs with stands and an arrow board. • Rates include a shift of 8 hours ST. ½ day minimum charge. Full shift charge after 4 hours. • Add $100 per 8 hour shift for night work labor premium and $20 per portable flashing beacon. • Hourly rates: OT day $285 / OT night $300 / DT day $335 / DT night $355 • Add $1300 per 8 hr shift to include an operated attenuator truck ($1350 for night work). Hourly rates: OT day $190 / OT night $197.5 / DT day $220 / DT night $230. Mobilization& idle time charges may apply. • Additional charges apply for closure of additional lanes. • Mobilization and subsistence charges may apply based on scope of work, location, and schedule Lane Closure with Reversible Lane (per Caltrans drawing T13) $1850 / DAY • Includes a 2 man crew with a pickup truck, up to 100 cones, 10 vinyl signs with stands and 2 beacons. • Rates include a shift of 8 hours ST. ½ day minimum charge. Full shift charge after 4 hours. • Add $100 per 8 hour shift for night work labor premium, $20/addt’lbeacon, and $225/shift/light tower. • Hourly rates: OT day $285 / OT night $300 / DT day $335 / DT night $355 • Add $960 per 8 hr shift to include an operated pilot car ($1010 for night work). Hourly rates: OT day $150/ OT night $157.5 / DT day $175 / DT night $185. Mobilization & idle time charges may apply. • Rumble strips are not included. Add $300/day + mobilization for 12ea, if required. • Lunch and breaks to be covered by the client or add $760 per 8 hr day shift for a 3rd flagger.

Laborer Support Work (Hourly rate) $95 / HR ST, $125 / HR OT, $150 / HR DT • Rate does not include a pickup truck (please call for equipment rental rates) • Labor rates to be used in addition to lane closure daily rate • 4 hour minimum. After 4 hrs a full 8 hr shift will be charged. • Add $5 per ST HR / $7.50 per OT HR / $10 per DT HR for night labor premium and $225/shift/light tower. • Laborers must be given rest and lunch breaks per union agreements and state law. • Add $10 per hr to rates for SFMTA bus de-polers (availability not guaranteed) Laborer Foreman (Hourly rate) $120 / HR ST, $150 / HR OT, $175 / HR DT • Rate includes pickup truck (please call for equipment rental rates) • Labor rates to be used in addition to lane closure daily rate • 4 hour minimum. After 4 hrs a full 8 hr shift will be charged. • Add $5 per ST HR / $7.50 per OT HR / $10 per DT HR for night work labor premium • Laborers must be given rest and lunch breaks per union agreements and state law • Add $10 per hr to rates for SFMTA bus de-polers (availability not guaranteed) Traffic Control Drawings $450 EA
• 24”x36” sheet, 1”=50’ scale (or 11”x17”, 1”=100’ scale) • Includes stamp by licensed civil engineer
• First revision is free. Additional revisions will be billed hourly. • Price includes an emailed submittal only ($2.00/SF for color plotting + postage) • Hourly rate to attend meetings, site visits, permit assistance, multiple drawing revisions, etc. is $300 for principal, $225/HR for licensed engineer and $150/HR hour for assistant engineer • Add $150 per sheet as a rush charge when a plan is needed with less than 1 week lead time and we are able to accommodate the request. This fee will be charged at the discretion of CMC. The 1 week minimum lead time is not a guarantee that plans can normally be completed in 1 week.

Attachment 3
242
Confidential (Rev 12.14.22) Page 3 of 3 4/25/2024
TC Equipment Rental Daily Weekly 28 Days
CMS Board $225.00 $700.00 $1400.00
Arrow board $95.00 $285.00 $750.00
Radar Speed Trailer $200.00 $585.00 $1200.00
Roll-up sign with sign stand $10.00 $50.00 $150.00
Type I barricade $3.00 $12.00 $36.00
Type III barricade $6.00 $24.00 $72.00
Traffic cone $1.00 $5.00 $20.00
Cone bar $2.00 $6.00 $20.00
Portable tubular delineator with base $2.00 $8.00 $30.00 Water-filled plastic barricades (Approx 2’ x 6’) $9.00 $36.00 $95.00 ADA pedestrian barricade (Approx 3” x 6’) $7.00 $28.00 $80.00 Type K concrete barriers (20 LF) $15.00 $45.00 $125.00
SLED inline crash cushion TL3 $100.00 $300.00 $850.00
SLED inline crash cushion TL2 $90.00 $270.00 $800.00
SLED inline crash cushion TL1 $80.00 $240.00 $750.00
Portable flashing beacon $20.00 $60.00 $180.00
Light Tower (dry rate – fuel not included) $150.00 $450.00 $900.00 Temporary traffic signals (set of 2) $1200.00 $2500.00 $6500.00 Caltrans Rumble Strips (set of 12 – 2 flagger stations) $300.00 $1200.00 $3600.00 Aluminum signs (Per square foot) $1.00 $5.00 $15.00
• Delivery, pickup, & damage charges apply. 3 day minimum on rental orders Traffic Control Equipment & Supply Sales Specific orders quoted upon request o Aluminum signs
o Rollup signs
o Sign stands
o Traffic striping tape
o K-rail and crash cushions
o Cones
o Delineators
o Pedestrian barricades
o Chip seal markers/floppies
o Temporary chain link fence
o Water filled barricades
Pavement Striping – Installation and Removal Specific jobs quoted upon request • Installation options: thermoplastic, paint, temporary tape • Removal: Grinding, black-out temporary tape, pressure washing Traffic Counts
48-Hour ADT Mechanical Tube Count $1500 / COUNT
Project Signs
Fabrication (delivery & tax not included) $550 / EA
Delivery & Installation Contact for pricing
Removal and disposal $250 / EA
• 4' x 8'or 4’ x 6’ sign on 3/4” plywood substrate
• Hi-resolution graphic file to be provided by the client. Graphic editing will be billed at $150/HR • Add $150 for anti-graffiti film
• Pricing is not based on project specific specifications and is valid for CCSF projects only. Please call for a custom quote.

No retention to be held on our work. Pricing is not based on the review of any project-specific specification. All project costs including project drug testing, safety training, Textura fees, etc to be marked up and billed to the client. Mobilization, demobilization, subsistence, and travel time charges apply based on scope of work, location, schedule, etc. CMC’s typical service range consist of the following boundary: Santa Rosa to Sacramento to Stockton to Gilroy to Santa Cruz. We reserve the right to accept or decline work on a job to job basis. Payment due net 30 days. 1.5% interest per month added to overdue invoices. All rates shown above are discounted rates for payment by cash or check and require our client to have an account in good standing. Please ask for our standard rates if you wish to pay by credit card. CMC reserves the right to stop work for any client if invoices become past due. Bonds and permits are excluded. CMC will not indemnify or defend others. We will not provide OCIP credits/deductions. This quote must become a binding part of any contract and items cannot be split without prior permission, Please call us to discuss our scope of work prior to listing us on a project. Rates are valid thru 12/31/2023.

X
Sig n an d Retu rn to In d icate Accep tan ce
Attachment 3
243
DR Traffic Control, LLC
1395 Fairfax Ave, Unit A CSLB License #1099211 DBE #51476 San Francisco, CA 94124 SF BusinessTax Reg #1133083 Micro SB #2031774 (415) 441-4410 DIR Reg #1000995659 MBE/SBE/LSB Cert #129 www.DRtrafficcontrol.com EIN #88-1147260 Micro LBE #06241000573 Company: 2024-431
Attention: 5/10/2024
Phone: Net 30 Days
Email: SF
Quoted By: 12/31/2023
Project:
$ 350 / EA
$ 225 / HOUR
$ 1,035 / SHIFT
Hourly Rates: OT Day = $ 150.0 , OT Night = $ 157.5 , DT Day = $ 175.0 , DT Night = $ 185.0 $ 1,820 / SHIFT
Hourly Rates: OT Day = $ 275.0 , OT Night = $ 290.0 , DT Day = $ 325.0 , DT Night = $ 345.0 $ 1,310 / SHIFT
Hourly Rates: OT Day = $ 150.0 , OT Night = $ 157.5 , DT Day = $ 175.0 , DT Night = $ 185.0 $ 95 / HOUR
Hourly Rates: OT Day = $ 125.0 , OT Night = $ 132.5 , DT Day = $ 150.0 , DT Night = $ 160.0 $ 120 / HOUR
Hourly Rates: OT Day = $ 150.0 , OT Night = $ 157.5 , DT Day = $ 175.0 , DT Night = $ 185.0 $ 105 / HOUR
Hourly Rates: OT Day = $ 135.0 , OT Night = $ 142.5 , DT Day = $ 160.0 , DT Night = $ 170.0 Temporary Bus Stop Relocation Permit
Night Noise Permit
Rate does not include a pick up truck
Terms:

Fob:

Valid Thru:

Quote:

Date:

General Contractors
Estimators
Laborer Support Work / Flagger
One Man Crew - Lane Closure Daily Rate on Conventional per Caltrans Drawing T11 Two Man Crew - Lane Closure Daily Rate on Multi Lane Road Per Caltrans Drawing T10 / T13 Includes a one-man crew with a pick up truck, 1 arrow board, up to signage and cones for a single lane closure Add $50 per 8-hour shift for swing/night work labor premium Oakland Obstruction Permits
Caltrans and other Encroachment Permit
Includes a two-man crew with a pick up truck, 1 arrow board, up to signage and cones for a single lane closure or one lane reversible Add $100 per 8-hour shift for swing/night work labor premium Operated TMA (Attenuator Truck)
Includes an operated attenuator truck for freeway/highway lane closures Add $50 per 8-hour shift for swing/night work labor premium

FULL RATE SHEET

HSIP - INTERSECTION SAFETY & SIGNAL IMPROVEMENT PROJECT - SACRAMENTO Ramon Cabral - [email protected] - 925-727-8297 Clarifications:

Traffic Control Plans
24"x36" sheet, 1" = 50' scale
Includes stamp by a licensed civil engineer
Permit Services
SFMTA Special Traffic Permits (STP)
Temporary Occupance Permit (TOC)
Includes stamp by a licensed civil engineer
Hourly rate to attend meetings, consultation, site visits, revisions, etc. is $225 / HR Principal and $175 / HR for engineer Pricing includes an email submittal only
First revision is free. Additional revisions will be billed hourly SFMTA Pole/De-polers (Pole Pullers)
Rate does not include a pick up truck
Add $5 per hour for swing/night work labor premium
Laborer Foreman / Traffic Control Supervisor
Rate includes include a pick up truck
Add $5 per hour for swing/night work labor premium
Add $5 per hour per person for swing/night work labor premium Two-man crew includes up to 1 arrow board, 50 cones and 10 vinyl signs or 100 cones and 10 vinyl signs.

Rumble strips are not included. Add $300/day + mobilization for 12ea, if required.

For additional in place equipment, please see TC Equipment Rental Rates Mobilization and subsistence charges may apply based on scope of work, location, and schedule.

Laborers must be given rest and lunch breaks per union agreements and state law or add $720 per 8-hour day shift for a 3rd flagger.

Daily rates include a shift of 8 hours ST. ½ day minimum charge. Full shift charge after 4 hours.

Daily rates are based on work being performed during normal business hours. Monday – Friday, 6am – 4pm One-man crew includes up to 1 arrow board, 50 cones and 6 vinyl signs.

Attachment 3
244
Weekly 4-Week
285$ 570$
675$ 1,350$
450$ 900$
1,050$ 2,100$
450$ 900$
900$ 1,800$
2,400$ 4,800$
6$ 18$
6$ 18$
24$ 72$
32$ 96$
20$ 60$
20$ 60$
2$ 6$
12$ 36$
24$ 72$
4$ 12$
4$ 12$
10$ 30$
16$ 48$
80$ 240$
8$ 24$
120$

TERMS AND CONDITIONS
Signed: Date:

Printed Name: Title:

Light Tower (fuel not included) $ 150
AFAD (Per set) $ 350
Speed Radar Board Stationary and Trailer Mounted $ 150
CMS Board (message board)
FAS (arrow board)
Additional Rental Equipment Daily
Towable & Truck Equipment
$ 225
$ 95
$ 1.5
If rental items are not available, price will be 10% mark up on other rental companies Construction Signs/Stands/Equipment - MUTCD Compliant
ADA Pedestrian Barricades (4” x 6’) $ 6
28" Cones, 10lb base w/reflective sleeves (day/night use) per cone $ 1.5 Rumble Strips (trailer not included) $ 300
Attenuator Truck /Crash Truck (fuel not included) $ 800 Large Aluminum Signs (30" to 60") $ 4
Miscellaneous
Sandbags $ 1
Barricade Light $ 1
Small Aluminum Signs (30" or less) $ 2.5
Warning Flags $ 0.5
Type I Barricade (wood/metal) $ 3
Type III Barricade (wood/metal) $ 6
Water-filled plastic barricades (1.5’ x 6’) $ 8
Reflective Roll-Up-Signs (Day or night use) $ 5
Sign Stands with Spring $ 5
Portable tubular delineator with base
Delivery/Mobilization Rates (Per Hour)
3 days minum on rental orders*
The Prime Contractor is responsible for furnishing each DR Traffic Control, LLC employee with a 30-minute meal period and two 10-minute rest periods per 8- hour shift, per Union regulations. If a DR Traffic Control, LLC. employee is required to work through such meal period, the employee shall be compensated a half (1/2) hour at the applicable overtime rate. If the employee does not receive 10-minute rest periods, they shall be compensated one (1) hour at their applicable hourly wage rate or DR Traffic Control, LLC will provide an additional person to furnish such breaks, all at the expense of the Prime Contractor.

Cancellations made in less than 24 hours due to insufficient Prime Contractor scheduling/planning, and/or cancellations to scheduled Traffic Control during known inclement weather conditions (rain, fog, snow, etc.) will be subject to 4-hours minimum pay per person scheduled to work, and mobilization/lodging expense incurred as a result of such cancellation, per occurrence.

The prime contractor shall be responsible for any damage to or loss of any equipment (powered or non-powered, including but not limited to: PCMS’s, arrow boards, radar boards, light towers, attenuator trucks, rumble strips, etc., including batteries) and/or construction area signs, posts, barricades, etc. due to traffic conflicts, vandalism, theft, acts of nature and/or mishandling by prime contractor’s staff. Prime contractor shall be responsible for maintaining construction area signs. Additional signs required due to damage, theft, or plan inadequacies will be billed as extra work to the prime contractor. Any extra mobilizations or installation for construction area signs (including covering & uncovering) will be billed as extra work to the Prime Contractor.

It is the responsibility of the Prime Contractor to schedule all lane closures in advance via Cal Tran’s Lane Closure System (LCS) and it is also the responsibility of the Prime Contractor to call in lane closures to the Traffic Management Center (TMC).

All customers renting equipment must provide a certificate of insurance naming DR Traffic Control, LLC as additionally insured. Traffic Control Services will not be bonded. Bonds and permits are excluded. We will not indemnify or defend others. We will not provide OCIP credits/deductions. There shall be no retention held on Traffic Control Services.

All rates shown above are discounted rates for payment by cash or check and require our client to have an account in good standing. CC payments will be charged using our standard rates (+4%).

DR Traffic Control, LLC will bill weekly. Invoice is due and payable 30 days from the date of the invoice. Customer/Prime Contractor agrees to pay a finance charge of 1.5% per month on all past due balances. Customer/Prime Contractor further agrees to pay reasonable attorney’s fees and cost if collection is required. Prime Contractor is to provide monthly progress payments for all completed work. Monthly payments must be received in full by DR Traffic Control, LLC to avoid finance charges and/or collection fees.

If there are any issues or concerns regarding DR Traffic Control, LLC and its employees, products, and/or work performed, the Prime Contractor shall promptly notify and give DR Traffic Control, LLC the first opportunity to rectify such issues. We look forward to working with you and are committed to safety on the job and good faith in all aspects. Should you have any questions regarding these terms, please contact us directly.

ACKNOWLEDGEMENT & AGREEMENT: BY APPOINTING OR LISTING DR TRAFFIC CONTROL, LLC AS A SUBCONTRACTOR ON THIS PROJECT, THE PRIME CONTRACTOR ACKNOWLEDGES AND AGREES TO ALL APPLICABLE TERMS AND CONDITIONS SETFORTH HEREIN. THESE

TERMS & CONDITIONS ARE BINDING AND MUST BE INCLUDED IN EACH EXECUTED SUBCONTRACT AGREEMENT MADE BETWEEN THE

PRIME CONTRACTOR AND DR TRAFFIC CONTROL, LLC
Portable Flashing Beacons $ 20
Cone Bars $ 2
Attachment 3
245
(707) 693-1926 | F: (707) 471-0138 [email protected] 1650 N LINCOLN ST STE A DIXON, CA 95620 WWW.TULLYGROUP.COM Proposal for Stormwater Services Prepared On: May 8, 2024 Project: HSIP - Intersection Safety & Signal Improvement Project - West Sacramento / CONTRACT # 24-018-ITB
For: ESTIMATOR / GENERAL CONTRACTOR
Bid Date: 5/10/2024
We’re a certified DBE, WBE, and SBE firm specializing in Construction Stormwater General Permit, Industrial General Permit, and 401 Water Quality Permit compliance and Environmental Engineering.

Bid Item Item Description Price Unit QTY Subtotal
WPCP
Weekly Inspections
Qualifying Precipitation Event Inspections
Total $ 850.00
$ 325.00 EA TBD TBD
Provide pre-, during-, and post-storm visual inspections of stormwater Best Management Practices (BMPs)
$ 325.00 EA TBD TBD
Perform visual inspection once per week of stormwater Best Management Practices (BMPs)
$ 850.00 EA 1 $ 850.00
Prepare Water Pollution Control Program per State and local requirements
Quantities are estimates only, based on a project duration of TBD weeks. Inspection and report quantities will vary with schedule, the number of Qualifying Precipitation Events, site issues, and other factors.

Payment Terms
Fees will be billed monthly based upon the unit price and actual quantities completed. Fees will be due within 30 days of client’s receipt of invoice. Late payments over 30 days past due may be subject to a 1.5% per month interest charge.

We kindly ask that payments are made in full for monthly invoices and do not include any retention withholdings by the Client unless absolutely required by the project contract documents, and authorized in advance.

Lab costs will be billed as a Reimbursable Expense at Cost + 10%.

Additional QSP services will be billed at rate of $125 per hour.

Additional QSD services will be billed at rate of $135 to $145 per hour.

Exclusions
Proposals exclude WPCP amendments, any agency permit-related fees, special badging, training, or insurance requests, lab costs, and installation and maintenance of Best Management Practices (BMPs).

Attachment 3
246
( 707) 693-1926 | F: ( 707) 471-0138 ESTIMATING@ TULLYGROUP.COM 1650 N LINCOLN ST STE A DIX ON, CA 95620 WWW.TULLYGROUP.COM Timing & Deliverables
Submittals will be provided in a timely manner, and in electronic PDF format. Hard copies can be provided for a nominal fee upon request.

The Client is responsible for notifying Tully Consulting Group with anticipated start and end dates for this project, as well as when the project is completed, delayed, or suspended.

We appreciate the opportunity to present this proposal. Please contact our Estimating Team if y ou have any q uestions at ( 707) 693-1926 or estimating@ tully group.com. To submit a work order, please email signed proposals to submittals@ tully group.com.

Sincerely ,
Signature
Gunner Bermudez
First & Last Name
Tully Consulting Group Estimator
Company Title
Client’ s Authoriz ation to Proceed
Signature
First & Last Name
Company Title
TULLY INC., DBA TULLY CONSULTING GROUP
DBE/WBE 38300 SBE (MICRO) 60919 EXP. 10/31/25 TIN 83-0499875 DIR REGISTRATION 1000024960 EXP. 6/30/25 CIVIL ENGINEER’S LICENSE C64354 NAICS: ENVIRONMENTAL CONSULTING SERVICES 541620 CIVIL ENGINEERING 541330 Attachment 3
247
Central Valley Engineering & Asphalt, Inc.
216 Kenroy Lane
Roseville, CA 95678
Tel: (916) 791-1609
Fax: (916) 791-6424
Ad Proofs
Project Name: HSIP - Intersection Safety & Signal
Improvements
Contract/Bid #: Project ID 24-018-ITB
Awarding Agency: City of West Sacramento
Attachment 3
248
Focus Journal Ad
Publication: DBE GoodFaith (DBEGoodFaith.com)
Published On: 04/24/2024 @ 10:16:43 AM Pacific
Expired On: 05/10/2024 @ 11:59:59 PM Pacific
Message Notifications Sent To: [email protected]
Published At: https://dbegoodfaith.com/item.php?item_type=ads&ad_adid=60368 Get in Touch
Outreach Coordinator
Bayley Follett
Project Estimator
Rob Hannah
Telephone
(916) 791-1609
Fax
(916) 791-6424
Address
216 Kenroy Lane
Roseville, CA 95678
Send Message »
Project Name
HSIP - Intersection Safety & Signal Improvements
Bid/Contract #
Project ID 24-018-ITB
Awarding Agency
City of West Sacramento
Project Location
West Sacramento, Yolo County County, CA
Bid Date
05/10/2024 at 15:00
Project Details
Project Description: installing pedestrian improvements including curb ramps, mid block crossings, curb, gutter and sidewalk, RRFB, traffic signal, striping & signs.

Work/ Supply Needed: survey, traffic control, WPCP, landscape & irrigation, thermo stripe & signs, electrical
Central Valley Engineering & Asphalt, Inc. requires that all interested companies carry Worker's Compensation and Liability Insurance. We will assist in obtaining insurance, bonds or lines of credit to competitively bid this project. Plans and specifications may be viewed at our office in Roseville or emailed upon request. All interested companies must be registered with the Department of Industrial Relations (DIR) and have a current CLSB at time of bid.

Central Valley Engineering & Asphalt, Inc.
is seeking qualified DBEs
Page II Ad Proofs - HSIP - Intersection Safety & Signal Improvements...

Attachment 3
249
Certification & Assistance
California DBE Program
San Francisco LBE Program
San Diego SLBE Program
Bay Area Rapid Transit MBE, WBE (EOPP) Program
Los Angeles County CBE Program
Alameda County SLEB Program
California Supplier Clearinghouse Diversity Program
Program
Oakland LBE/SLBE Program
Los Angeles County SLBE & DVBE Program
California SB-PW Program
California DVBE Program
Free DBE Resources
Procurement, Capital Access, &
Surety Bond Assistance
The U.S. Department of Transportationsupported Southwest Region SBTRC helps DBEs with Procurement, Capital Access, and
Surety Bond Assistance - and much more - at
no cost.

Learn more »
Page III Ad Proofs - HSIP - Intersection Safety & Signal Improvements...

Attachment 3
250
Trade Journal Ad
Publication: DBE Journal (DBEJournal.com)
Published On: 04/24/2024 @ 10:16:43 AM Pacific
Expired On: 05/10/2024 @ 11:59:59 PM Pacific
Published At: http://dbejournal.com/index.php?show_ad=60368&ad_project_name=HSIP+- +Intersection+Safety+%26+Signal+Improvements&co_name=Central+Valley+Engineering+%26+Asphalt%2C+Inc.

Outreach Coordinator
Bayley Follett
Estimator
Rob Hannah
Contact Information
216 Kenroy Lane
Roseville, CA 95678
Telephone
(916) 791-1609
Fax
(916) 791-6424
Central Valley Engineering &
Asphalt, Inc.
is seeking qualified DBEs
Project Name
HSIP - Intersection Safety & Signal Improvements
Bid/Contract #
Project ID 24-018-ITB
Awarding Agency
City of West Sacramento
Project Location
West Sacramento, Yolo County County, CA
Bid Date
05/10/2024 at 15:00
Project Details
Project Description: installing pedestrian improvements including curb ramps, mid block crossings, curb, gutter and sidewalk, RRFB, traffic signal, striping & signs.

Work/ Supply Needed: survey, traffic control, WPCP, landscape & irrigation, thermo stripe & signs, electrical
Central Valley Engineering & Asphalt, Inc. requires that all interested companies carry Worker's Compensation and Liability Insurance. We will assist in obtaining insurance, bonds or lines of credit to competitively bid this project. Plans and specifications may be viewed at our office in Roseville or emailed upon request. All interested companies must be registered with the Department of Industrial Relations (DIR) and have a current CLSB at time of bid.

Page IV Ad Proofs - HSIP - Intersection Safety & Signal Improvements...

Attachment 3
251
LinkedIn
Remember to follow DBEGoodFaith on LinkedIn and re-post the bid invitation provided below. This will help you get more eyes on the sub/supplier opportunities available on the project.

Published On: 04/24/2024 @ 10:21:02 AM Pacific
Published At: https://www.linkedin.com/feed/update/urn:li:share:7188950077086879746/ Page V Ad Proofs - HSIP - Intersection Safety & Signal Improvements...

Attachment 3
252
Central Valley Engineering & Asphalt, Inc.
216 Kenroy Lane
Roseville, CA 95678
Tel: (916) 791-1609
Fax: (916) 791-6424
Outreach Invitation Proofs
Project Name: HSIP - Intersection Safety & Signal
Improvements
Contract/Bid #: Project ID 24-018-ITB
Awarding Agency: City of West Sacramento
Log details
• This document contains a single copy of the bid invitation emailed to each company with an email address listed on their certification. The same email was sent to all companies, which is why we have provided the single email proof.
• This document contains a copy of each fax notice sent to solicited companies with a fax number listed on their certification.

Attachment 3
253
Email Proof
Subject Line: [ Bid Invite ] HSIP - Intersection Safety & Signal Improvements Reply To Email: [email protected]
Central Valley Engineering & Asphalt, Inc. is seeking qualified DBEs and invites you to bid on the following contract.

PROJECT NAME: HSIP - Intersection Safety & Signal Improvements BID #: Project ID 24-018-ITB
BID DUE DATE: 05/10/2024 at 15:00 (local time)
AWARDING AGENCY/OWNER: City of West Sacramento
PROJECT LOCATION: West Sacramento, Yolo County, CA
Project Description: installing pedestrian improvements including curb ramps, mid block crossings, curb, gutter and sidewalk, RRFB, traffic signal, striping & signs.

Work/ Supply Needed: survey, traffic control, WPCP, landscape & irrigation, thermo stripe & signs, electrical
Central Valley Engineering & Asphalt, Inc. requires that all interested companies carry Worker's Compensation and Liability Insurance. We will assist in obtaining insurance, bonds or lines of credit to competitively bid this project. Plans and specifications may be viewed at our office in Roseville or emailed upon request. All interested companies must be registered with the Department of Industrial Relations (DIR) and have a current CLSB at time of bid.

If interested, contact:

Bayley Follett
Central Valley Engineering & Asphalt, Inc.

Tel: (916) 791-1609
Fax: (916) 791-6424
[email protected]
Reply
This email was sent via the DBEGoodFaith.com outreach platform. To learn more about why you received this bid invitation email, visit DBEGoodFaith.com/why.

Attachment 3
254
1919832.3 7203-038
General Conditions
Highway Safety Improvement Program Project
PART 5 GENERAL CONDITIONS
Attachment 3
255
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-1
PART 5: GENERAL CONDITIONS
SECTION 1

DEFINITIONS AND TERMS

1.01. GENERAL
Wherever the following abbreviations and terms, or pronouns in place of them, are used in these Conditions and other Contract Documents of which these Conditions are a part, the intent and meaning shall be interpreted as provided below.

1.02. ABBREVIATIONS
The following abbreviations may be used in the Contract Documents:

AA Aluminum Association
AASHTO American Association of State Highway/Transportation Officials ABMA American Boiler Manufacturer’s Association
ACI American Concrete Institute
AFBMA Anti-Friction Bearing Manufacturers Association
AGA American Gas Association
AGC Associated General Contractors
AGMA American Gear Manufacturer’s Association
AI The Asphalt Institute
AIA American Institute of Architects
AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute, Inc.

APA American Plywood Association
API American Petroleum Institute
APWA American Public Works Association
ARA American Railway Association
AREA American Railway Engineering Association
ASCE American Society Civil Engineers
ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gage
AWPA American Wood Preservers’ Association
AWS American Welding Society
AWWA American Water Works Association
BHMA Builders Hardware Manufacturers Association
CCMTC California Concrete Masonry Technical Committee
CRSI Concrete Reinforcement Steel Institute
ETL Electrical Testing Laboratory
FS Federal Specification
ICBO International Conference of Building Officials
IEEE The Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society
IPCEA Insulated Power Cable Engineers Association
Attachment 3
256
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-2
JICS Joint Industry Conference Standards
MBMA Metal Building Manufacturer’s Association
MSS Manufacturers Standardization Society of the Valve and Fitting Industry Standards
NBFU National Board of Fire Underwriters
NBS National Building Standards
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
OSHA Occupational Safety and Health Act of 1970
PCA Portland Cement Association
SMACNA Sheet Metal and Air Conditioning Contractor’s National Association SSPC Steel Structures Painting Council
SSPWC Standard Specifications for Public Works Construction UBC Uniform Building Code
UL Underwriter’s Laboratory
UMC Uniform Mechanical Code
UPC Uniform Plumbing Code
USAS The United States of America Standard Institute
USBR United States Bureau of Reclamation
USPHS United States Public Health Service
WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California

1.03. DEFINITIONS
The intent and meaning of the following, wherever they appear in the Contract Documents, shall be interpreted as follows:

Acceptance - The formal Acceptance by the Engineer of the entire Contract, which has been completed in all respects in accordance with the Specifications and any, approved modifications.

Addenda - Any written change, clarification or supplement to documents issued for bidding, issued by the City or its Engineer prior to bid.

As Approved - The words “as approved”, unless otherwise qualified, shall be understood to be followed by the words “by the Engineer”.

As Shown, and As Indicated - The words “as shown” and “as indicated” shall be understood to be followed by the words “on the Plans”.

Award - The decision of the City Council to accept the proposal of the lowest responsible Bidder for the Work, subject to the execution and approval of a satisfactory contract therefore and bond to secure the performance thereof and to such other conditions as may be specified or required by law.

Bid - The offer of the Bidder for the Work when made out and submitted on the prescribed Bid form, properly signed and guaranteed. A Bid is also known as a Proposal.

Bid Security - The cash, cashier’s check, certified check, or bidder’s bond accompanying the Bid submitted by the bidder, as a guarantee that the Bidder will enter into a Contract with the City for the performance of Work herein described.

Attachment 3
257
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-3
Bidder - Any individual, firm, partnership or corporation submitting a Bid for the Work contemplated, and acting directly or through a duly authorized representative.

Bureau - United States Bureau of Reclamation.

Calendar Day - Each day shown on the calendar.

Change Order - Written order issued by the Engineer to the Contractor covering changes in the Contract and establishing the bases of compensation and time adjustments for work affected by the changes.

City - The City of West Sacramento, also referred to as the Owner.

City Council or Council - The City Council of the City of West Sacramento.

City Standard Details - The standard details contained in the City Standard Specifications as modified.

City Standard Specifications - 2002 edition of the City of West Sacramento Division IV Standard Construction as amended to date of Bid submittal.

Claim - A separate demand by the Contractor for (i) a time extension, (ii) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (iii) an amount the payment of which is disputed by the City.

Contract - The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the Work. The Contract shall include all Contract Documents and supplemental agreements amending or extending the work contemplated which may be required to complete the Work in a substantial and acceptable manner. Supplemental agreements are written agreements covering alterations, amendments, or extensions to the contract and include Addenda and change orders.

Contract Documents - Contract Documents is the collective term for all of the following documents and any other document incorporated therein by reference: Invitation to Bid, Accepted Bid (and all accompanying documents), Bidder's List of Subcontractors (Part 1 and Part 2), Construction Contract, Payment Bond to Accompany Contract, Performance Bond to Accompany Contract, General Conditions, Supplementary and Special Conditions, (if any), Drawings (and Specifications), Addenda, Change Orders, City of West Sacramento Standard Specifications, State of California Department of Transportation (Caltrans) Standard Specifications 2015, Contractor’s Certification Regarding Workers’ Compensation.

Contractor - The person or persons, firm, partnership or corporation or other entity who has entered into the Contract with the City to perform the Work.

County - County of Yolo, California.

Date of Completion - Date of filing of the Notice of Completion with the Yolo County ClerkRecorder’s Office.

Date of Execution of the Contract - The date on which the Contract is signed by the City’s authorized representative.

Attachment 3
258
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-4
Datum - The Figures given in the Specifications or upon the drawings after the word “Elevation” or an abbreviation of it, shall mean U.S.G.S. datum, unless otherwise noted.

Days - Unless otherwise designated, days as used in the Contract Documents shall mean calendar days.

Elevation - The figures given on the Plans or in the other Contract Documents after the word “elevation” or abbreviation of it shall mean the distance in feet above the standard datum used by the City.

Engineer - The City Engineer, or the person designated by the City as its engineering representative during the course of construction, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

Extra Work - Work other than that required either expressly or implied by the Contract in its executed form.

Notice of Completion - notice of completion is the recorded project completion document filed with the Yolo County Clerk.

Or Equal - The term “or equal” shall be understood to indicate that the “equal” product be the equivalent or better than the product named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer.

Plans or Specification Drawings - The term “Plans” or “Specification Drawings” refers to the official plans, profiles, cross sections, elevations, details, and other Working Drawings and supplementary drawings, or reproductions thereof, signed by the Engineer, which show the location, character, dimensions, and details of the work to be performed. Plans may either be bound in the same book as the balance of the Contract Documents or bound in separate sets.

Regardless of the method of binding, Plans shall be part of the Contract Documents.

Plant - All physical, resources, facilities, machinery, equipment, staging, tools, work and storage space other than provided by the Contract, together with subsidiary essentials and necessary maintenance for proper construction and acceptable completion of the project.

Project - The entire Work to be completed under the Contract.

Project Manager - The person designated by the City as its project management representative during the course of construction, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them. The Project Manager will be the City Engineer unless the City designates a separate Project Manager.

When a Project Manager is used for a project, the Project Manager has full authority to act as the City Engineer unless the designation specifically states otherwise.

Shop Drawings - Drawings prepared by the fabricator or supplier showing the layout and details of components fabricated in a shop for inclusion in the permanent facility (e.g., structural steel, reinforcing steel, railings).

Site - The area upon or in which the Contractor’s operations are carried on and such other areas adjacent thereto as may be designated by the Engineer.

Attachment 3
259
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-5
Specifications - The term “specifications” refers to the terms, provisions, and requirements contained herein. Where reference specifications, such as those of “ASTM”, “AASHTO”, etc. have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents.

State - State of California.

State Standard Specifications - Standard Specifications issued by the State of California Department of Transportation, dated 2018, and as amended Bid in the supplemental conditions.

Subcontractor - The term “Subcontractor”, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked and would be considered a supplier only.

Supplementary & Special Conditions Provisions - Additions, revisions, special directions, and requirements peculiar to a project and not otherwise thoroughly set forth in General and/or Specifications.

Time Limits - All time limits stated in the Contract Documents are of the essence of the Contract.

Work - All the work specified, indicated, shown or contemplated in the Contract Documents to construct the improvements, including all alterations, amendments or extensions thereto made by Change Order or other written orders of the Engineer.

Working Days - A Working day is defined as any day, except Saturdays, Sundays and legal holidays of the City.

Working Drawings - Drawings furnished by the Contractor showing the layout and details of temporary construction procedures and methods of construction, and data for construction equipment which are to be employed in the construction of the permanent facility (e.g., form drawings, erection drawings, load test pile procedures, pile hammer data, etc.).

Written Notice - “Written Notice” shall be deemed to have been duly served when delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by certified U.S. mail to the last business address known to the party who gives the notice as specified in the Contract.

Whenever in the Specifications or upon the drawings the words “directed”, “required”, “permitted”, “ordered”, “designated”, “prescribed”, or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Engineer is intended, and similarly the words “approved”, “acceptable”, “satisfactory”, or words of like import, shall mean approved or acceptable to, or satisfactory to the Engineer, unless otherwise expressly stated.

Attachment 3
260
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-6
SECTION 2

SCOPE OF WORK

2.01. INTENT OF CONTRACT DOCUMENTS
The intent of the Contract Documents 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. These General Conditions are meant to replace Division I of the State Standard Specifications for all City public works contracts which incorporate these General Conditions by reference.

Where the Specifications and Plans describe portions of the Work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and do all the Work involved in performing the Contract in a satisfactory and workmanlike manner.

The technical provisions are presented in sections for convenience. However, this presentation does not necessarily delineate trades or limits of responsibility. All sections of the Specifications and Plans are interdependent and applicable to the Project as a whole.

The Contract Documents are complementary, and what is called for in any one shall be as binding as if called for in all. Anything shown on the Drawings and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Drawings shall have the same effect as if shown or mentioned respectively in both. Any work shown on one Drawing shall be construed to be shown in all Drawings and the Contractor will coordinate the Work and the Drawings.

If any portion of the Contract Documents is in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence:

1. Governing ranking of Contract parts in descending order is:

1.1. Amendments and Change Orders

1.2. Supplemental Conditions (Special Provisions)

1.3. Project Plans

1.4. Construction Contract

1.5. General Conditions

1.6. Caltrans’ Traffic Manual

1.7. Revised standard specifications

1.8. Standard specifications

1.9. Revised standard plans

1.10. Standard plans

1.11. Supplemental project information

2. Written numbers and notes on a drawing govern over graphics

3. Detail drawing governs over a general drawing

4. Specific specification governs over a general specification

5. Specification in a section governs over a specification referenced by that section If a discrepancy is found or confusion arises, submit an RFI.

Attachment 3
261
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-7
Detail Drawings take precedence over General Drawings. As between schedules and other information given on Drawings, the Schedules shall govern. If an item is shown on any Drawing and not specifically included in Technical Specifications specific to this project, the Drawing shall govern. Any conflict or inconsistency between or in the drawings shall be submitted to the Engineer for clarification as soon as the Contractor becomes aware of such inconsistency.

2.02. CONTRACTOR’S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, and all other matters which can in any way affect the Work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations contained herein.

2.03. CHANGES IN THE WORK
(a) The City may, at any time, by written order, make changes in the Work as deemed necessary by the Engineer. Such changes include, but are not limited to:
(1) In the Specifications or Plans;
(2) In the sequence, method or manner of performance of the Work; (3) In the owner-furnished facilities, equipment, materials, services or site; and (4) Directing acceleration of the Work.
(b) If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment will be made and the Contract modified in writing accordingly.
(1) Change Orders
A change pursuant to this section will be in the form of a Change Order, which will set forth the work to be done or the method by which the change and cost adjustment, if any, will be determined, and the time of completion of the work.

Upon receipt of a Change Order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of a Change Order. A Change Order executed by the Contractor and approved by the Engineer is an executed Change Order as that term is used throughout this section.
(2) Change Order Protests
A Change Order may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in a Change Order, which he has not executed, he shall submit a written protest to the Engineer within fifteen (15) days after the receipt of such Change Order. The protest shall state the points of disagreement and, if possible, the quantities and cost involved.

Attachment 3
262
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-8
If a written protest is not submitted, payment will be made as set forth in the Change Order. Such payment shall constitute full compensation for all work included therein or required thereby. Such unprotested Change Orders shall be considered as executed Change Orders.

Where the protest concerning a Change Order relates to compensation, the compensation payable for all work specified or required by said Change Order to which such protest relates will be determined in the same manner as provided in Section 2.04 of this section. The Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work. Where the protest concerning a Change Order relates to the adjustment of time and for completion of the Work, the time to be allowed therefor will be determined as provided in this section.

The consent of the Contractor’s sureties shall not be required as to any change or Extra Work, and the liability of the Contractor’s Bonds shall be increased or decreased accordingly without notice to the sureties.

2.04. PROCEDURES AND ALLOWABLE COSTS ON CHANGES AND ADDITIONS TO WORK
(a) Forms of Payment
If the change in, or addition to, the Work will result in an increase in the contract sum, the City shall have the right to require the performance thereof. The compensation to be paid for any such work shall, in the City’s sole discretion, be determined in one or more of the following ways:
(1) By extension of agreed unit prices, if unit prices are required by the City’s Bid form and provided with Contractor ‘s bid;
(2) By revision of unit prices;
(3) By proposal and Acceptance of an agreed upon lump sum; (4) On a force account basis.

Until one of the above methods is agreed on, or if the Work is to be paid for on a time and materials basis, the Contractor shall keep full and complete records of the cost of such work in the form and manner prescribed by the Engineer and shall permit the Engineer to have access to such records as may be necessary to assist in the determination of the compensation payable for such work.
(b) Lump Sum Payment
The City, in its sole and absolute discretion, may request a lump sum proposal by Contractor to perform the change in, or addition to, the Work performed. Such lump sum proposal shall be submitted by the Contractor within ten (10) days of the City’s request therefor.

Request for a lump sum proposal by City shall not be deemed an election by City to have the Work performed on a lump sum basis. Costs of preparing the proposal shall not be compensable.
(1) Contents of Lump Sum Proposal
Attachment 3
263
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-9
(2) The Contractor’s proposal shall be itemized and segregated by labor and materials for the various components of the change (no aggregate labor total will be acceptable). The proposal shall be accompanied by signed proposals of any Subcontractors, which will perform any portion of the change, and of any persons who will furnish materials or equipment for incorporation therein. The proposal shall also include the Contractor’s estimate of the time required to perform said changes or additional work. (3) Computation of Labor Costs
The portion of the proposal relating to labor, whether by the Contractor’s forces or the forces of any of its Subcontractors, may include the projected wages of the reasonably anticipated Site labor, including foremen, who will be directly involved in the change in the Work.

These projected wages shall not include charges for assistant superintendents, superintendents, office personnel, timekeepers and maintenance mechanics.

Labor costs may also include Contractor’s overhead and profit which shall be computed by adding to the labor costs either up to fifteen percent (15%) of the projected wages, but not payroll costs, or the labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the Work is accomplished and which is a part of the Contract. The method of computing the overhead and profit shall be solely within the discretion of the City.

The labor surcharge, if used, shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined above. No time or charges will be allowed except when the workers are actually engaged in the proper, efficient and diligent performance or completion of the extra work as authorized. Overtime shall not be worked without prior approval of the Engineer.
(4) Computation of Equipment and Materials Costs
The portion of the proposal relating to materials may include the reasonably anticipated direct costs to the Contractor or to any of its Subcontractors of materials to be purchased for incorporation in the change in the Work. This portion of the proposal may also include transportation and applicable sales or use taxes. Up to fifteen percent (15%) of these direct costs may be included as overhead and profit for the Contractor or any such Subcontractor (such overhead and profit to include all small tools).

This portion of the proposal may further include the Contractor’s and any of its Subcontractors’ reasonably anticipated costs for the rental and operation of prime construction and automotive equipment furnished and used in connection with the change in the Work. The equipment rental and operation rates used shall be the latest edition of the Department of Transportation, Division of Construction, Equipment Rental Rates. These costs shall not include charges for listed equipment or major tools with a new cost of five hundred dollars ($500.00) or less. No time charges shall be allowed except for equipment actually used for the proper and efficient performance or completion of the authorized change in the Work. (5) Subcontractors
The lump sum proposal may include up to five percent (5%) of the amount, which the Contractor will pay to any of its Subcontractors for the change in the Work as allowable overhead and profit to the Contractor.

Attachment 3
264
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-10
(6) Failure to Submit Lump Sum Proposal
In the event that the Contractor fails to submit its proposal within the designated period, the Engineer may direct the Contractor to proceed with the change or addition to the Work and the Contractor shall so proceed. The Engineer shall unilaterally determine the reasonable costs and time to perform the work in question, which determination shall be final and binding upon the Contractor.
(7) Failure to Agree on Lump Sum Amount
In the event that the parties are unable to agree as to the reasonable costs and time to perform the change in or addition to the Work based upon the Contractor’s proposal and the Engineer and City do not elect to have the change in the Work performed on a time and material basis, the Engineer and City shall make a unilateral determination of the reasonable cost and time to perform the change in the Work, based upon their own estimates, the Contractor’s submission or combination thereof. In such instances, a Change Order shall be issued for the amount of costs and time determined by the Engineer and the City and shall become binding upon the Contractor unless the Contractor submits its protest in writing to the City within thirty (30) days of the issuance of the Change Order. The City has the right to direct the Contractor in writing to perform the change in the Work, which is the subject of the Change Order. Failure of the parties to reach agreement regarding the costs and time of performing the change in the Work and/or any pending protest shall not relieve the Contractor from performing the change in the Work promptly and expeditiously.
(c) Payment by Unit Prices
If any of the items included in the lump sum proposal are covered by unit prices contained in the contract document, the City may, if it requires the change in the Work to be performed on a lump sum basis, elect to use these unit prices in lieu of the similar items included in the lump sum proposal in which event an appropriate deduction will be made in the lump sum amount prior to the application of any allowed overhead and profit percentages. No overhead and profit shall be applied to any unit prices. (d) Payment on a Force Account Basis
If the City elects to have the change or addition to the Work performed on a force account basis, the Work shall be performed, whether by the Contractor’s forces or the forces of any of its Subcontractors or Sub-Subcontractors, and payment shall be made subject to the following provision. The Contractor will be paid the direct costs of the labor, equipment and materials used in performing the force account work determined as hereinafter provided. (1) For labor, the Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer or Project Manager) used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor or any or any Subcontractor of any tier, shall be actual wages, including basic hourly wage, health and welfare payments and pension payments incurred in performing the force account work, plus any travel and subsistence payments for the workers performing such work and made necessary thereby. To the actual wages shall be added a labor surcharge as set forth in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, as in effect on the date the work is performed. The labor surcharge shall be deemed to encompass the City’s entire liability to reimburse the Contractor for workers compensation insurance payments, social security payments, Medicare payments, federal unemployment Attachment 3
265
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-11
insurance payments, state unemployment insurance payments and state training taxes, made necessary by the force account work.
(2) For equipment, the Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, which is in effect on the date the work is performed, regardless of ownership or any rental agreement entered into by Contractor for such equipment. The rental rate paid in accord with said publication shall be deemed to include the cost of fuel, oil, lubrication, supplies, small tools, attachments, repairs and maintenance, depreciation, storage and insurance for said equipment. Rental time will not be paid when equipment is inoperable due to breakdowns, repairs or maintenance. Payment for loading, transporting and unloading time will be in accordance with the State Standard Specifications applicable to loading, transporting and unloading equipment for force account work, as applicable as of the date the equipment is loaded, transported or unloaded. (3) For materials used in the work, the City will pay for materials furnished by the Contractor and necessarily used in the force account work. Prior to markups as set forth below, the amount paid shall be the price paid by the actual purchaser to the actual supplier plus any necessary actual costs of handling the materials.

Contractor may add fifteen percent (15%) to the total labor, equipment and material charges as the total overhead and profit to the entity or entities actually performing the force account work. If the entity or entities actually performing the work are Subcontractors or Sub-Subcontractors, the Contractor shall be allowed five percent (5%) of the total charge of the performing entity or entities (including mark- up) as Contractor’s mark-up. No other mark-ups shall be allowed hereunder.

The Contractor shall submit to the City daily work and material tickets, to include the identification number assigned to the change in the Work, the location and description of the change in the Work, the classification of labor employed (and names and social security numbers), hours expended, the material used, the equipment rented (not tools) and such other evidence of cost as the City may require. The City may require authentication of all time and material tickets and invoices by persons designated by the City for such purpose. The failure of the Contractor to secure any required authentication shall, if the City elects to treat it as such, constitute a waiver by the Contractor of any claim for the cost of that portion of the Change in the Work covered by a non-authenticated ticket or invoice; provided, however, that the authentication of any such ticket or invoice by the City shall not constitute an acknowledgment by the City that the items thereon were reasonably required for the Change in the Work. (e) Limitations on Changes
The Contractor shall not be entitled to any amount for indirect costs, damages or expenses of any nature, including, but not limited to, so-called “impact” costs, labor inefficiency, wage, material or other escalations beyond the prices upon which the proposal is based and to which the parties have agreed pursuant to the provisions of this section, and which the Contractor, its Subcontractors and Sub-Subcontractors or any other person may incur as a result of delays, interferences, suspensions, changes in sequence or the like, for whatever cause, whether reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable, arising from the performance of any and all changes in the work performed pursuant to this section. It is understood and agreed that the Contractor’s sole and exclusive remedy in such event shall be recovery of its direct costs as compensable hereunder and an extension of the time of the Contract, but only in accordance with the provisions of the Contract Documents.

Attachment 3
266
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-12
It is expressly agreed that Contractor shall not be entitled to claim damages for anticipated profits on any portion of the Work that may be deleted.

The amount of any adjustment for work deleted shall be estimated at the time deletion of work is ordered and the estimated adjustment will be deducted for the subsequent monthly pay estimates. The City reserves its rights under Section 3.20 to audit Contractor’s as-Bid profit in connection with any deductive change, to arrive at a final adjustment. Contractor’s as-Bid profit shall be reduced pro rata according to the proportion of the original contract value less as-Bid profit, represented by the work deleted.

The City reserves the right to contract with any person or firm other than the Contractor for any or all Extra Work.

2.05. UNILATERAL CHANGE IN OR ADDITION TO THE WORK
Notwithstanding the above, the City, directly or through the Engineer, may direct the Contractor in writing to perform changes in or additions to the scope of the Contract. The Contractor shall perform such work and the parties shall proceed pursuant to the provisions of Section 2.04.

2.06. DIFFERING SITE CONDITIONS
If an ordered change in the Plans or Specifications materially changes the character of the Work of a Contract unit price item from that upon which the Contractor based its bid price, and if the change increases or decreases the actual unit costs of such changed item as compared to the actual or estimated unit cost of performing the Work of said item in accordance with the Specifications and Plans originally applicable thereto, in the absence of an executed Change Order specifying the compensation payable, an adjustment in compensation therefor will be made in accordance with the following:
(a) The basis of such adjustment in compensation will be the difference between the Contract unit-price to perform the work of said item or portion thereof involved in the change as originally planned and the actual unit cost of performing the work of said item or portion thereof involved in the change, as changed. Actual unit costs will be as agreed upon by the Contractor and the Engineer. If they cannot agree or if there is no unit-price for the subject work, then the costs of the work will be determined by the Engineer in the same manner as if the work were to be paid for on a force account basis as provided in Section 2.04. Any such adjustment will apply only to the portion of the work of said item actually changed in character. (b) Failure of the Engineer to recognize the change in character of the work at the time the Change Order is issued shall in no way be construed as relieving the Contractor of its duties and responsibility of filing a written protest within the fifteen- (15) day limit as herein above provided.

2.07. INCREASES OVER 25 PERCENT
Increases of the quantity of any major unit price item installed in excess of twenty-five percent (25%) of the Engineer’s Estimate for such item shall be deemed to be compensable changes in character of the work as to that item. For purposes of this section, major unit price items shall mean unit price items which, as bid for the quantity thereof under “the Engineer’s Estimate, exceed ten percent (10%) of the Total Bid Price. For quantity increases subject to this section, any change in compensation shall be limited to the quantity installed in excess of one hundred twenty-five percent (125%) of the Engineer’s Estimate.

Attachment 3
267
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-13

2.08. DIFFERING SITE CONDITIONS
The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
(a) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25110.02 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; or (b) Subsurface or latent physical conditions at the Site differing from those indicated in the Contract Documents; or
(c) Unknown conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The Engineer shall thereupon promptly investigate the conditions. If the Engineer finds that they do involve hazardous waste, or do materially differ and cause an decrease or increase in the Contractor’s cost or time of performance, the Engineer will issue a change order as appropriate. Any increase or decrease of cost resulting from such changes shall be adjusted in the manner provided in Section 2.04 for adjustments as to extra and/or additional work and changes. In the event that a dispute arises between the City and the Contractor, whether the conditions materially differ, or involve hazardous waste, or cause and decrease or increase the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided by the Contract, but shall proceed with all work to be performed under the Contract, the procedures applicable to claims for extra costs shall then apply.

In addition, see Part 2, "Federal Provisions" (Exhibit 12-G, Section 6).

2.09. CLAIMS FOR EXTRA COSTS
(a) Notice of Potential Claims
It is hereby mutually agreed that the Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor provides the Engineer with written notice of the potential claims as hereinafter specified.

Compliance with this section, however, shall not be a prerequisite as to matters within the scope of the protest provisions in Section 2.03.

The written notice of potential claims shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The notice as above required shall be given to the Engineer prior to the time that the Contractor commences performance of the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within ten (10) days after the happening of the event, thing or occurrence giving rise to the potential claim. (b) Construction Dispute
(1) The Contractor may submit a dispute to the Engineer concerning any matter for which a protest under Section 2.03, or a notice of potential claim, is filed. Such Attachment 3
268
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-14
disputes, or potential claims, shall be submitted to the Engineer within sixty (60) days following the submission of said protest or notice, unless, due to the nature of the dispute or the uncompleted state of the Work, it is impracticable to determine the amount or the extent of the claim within such period. In such cases, disputes shall be submitted at the earliest practicable time in which such a determination can be made. In any event, all disputes shall be filed on or before the date of the final release by the Contractor. (2) All disputes shall be in writing and shall set forth clearly and in detail, for each item of additional compensation requested, the reasons for the dispute, reference to applicable provisions of the Specifications, the nature and the amount of the cost involved, the computations used in determining such costs, all pertinent factual data and all the documents necessary to substantiate the dispute. The Contractor shall maintain complete and accurate records of the cost or any portion of the Work for which additional compensation is claimed, and shall provide the Engineer with copies thereof, as required. The Engineer shall provide a written decision to the dispute or potential claim as soon as practicable but not later than 30 days following receipt thereof.
(c) Resolution of Construction Claims
(1) To the extent that the Contractor disputes the Engineer’s Written Decision issued pursuant to Section 4.07(b)(2), or to the extent the Engineer fails to issue a timely written decision, the Contractor may file a written claim, as defined by Public Contract Code section 9204(c)(1), with the City including reasonable documentation to support the claim. Upon receipt of the claim, the City shall conduct a reasonable review of the claim, and within a period not to exceed 45 days, the City shall provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. The time in which the City must provide a written statement may be extended by mutual agreement of the parties as specified by Public Contract Code section 9204(d)(1)(C). The City shall pay any undisputed portion of the claim within 60 days after issuance of its written statement. (2) Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:

Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code section 12650, et. seq., the undersigned,

(Name)

(Title

(Company
hereby certifies that the claim for the additional compensation and time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.

Dated:
/s/
Attachment 3
269
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-15
Subscribed and sworn before me this _____ day
of

Notary Public
My commission expires
Failure to submit the notarized certificate will be sufficient cause for denying the claim.

Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of any independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the City at its discretion.

Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act. (3) Meet And Confer Regarding Unresolved Claims. If the Contractor disputes the City’s written statement issued pursuant to Section 4.07(c)(1) or if the City fails to issue a timely written response, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. Within 10 business days following the conclusion of the meet and confer conference, the City shall provide the Contractor with a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. The City shall pay any undisputed portion of the claim within 60 days after it issues its written statement. (4) Mediation. If the Contractor disputes, in writing, any portion of the City’s written statement as issued under Section 4.07(c)(3), the disputed items shall be submitted to nonbinding mediation according to the provisions of Public Contract Code section 9204(d)(2), and any costs of mediation shall be allocated as set forth in that section. Upon receipt of a claim, the City and the Contractor may agree to waive, in writing, mediation. (5) Failure to Respond or Pay. If the City fails to timely respond to a claim from the Contractor or otherwise fails to meet the time requirements of Public Contract Code section 9204, the claim shall be deemed rejected in its entirety. Additionally, amounts not timely paid in the manner required by Public Contract Code section 9204 shall bear interest at 7 percent per annum.
(6) Subcontractor Claims. If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a claim against the City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of the Subcontractor or lower tier Subcontractor pursuant to Public Contract Code section 9204(d)(5).

Attachment 3
270
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-16

2.10. CIVIL ACTION PROCEDURES
(a) Alternative Dispute Resolution of Claims of $375,000.00 or Less. (1) Claims Less Than $375,000.00. Notwithstanding any other provision herein but after compliance with the provisions of Public Contract Code section 9204 as set forth in Section 2.09, claims of $375,000.00 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contract Code section 20104 et seq. “Claim” for this purpose means a separate demand by the Contractor for a time extension, payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, for which payment is expressly provided, or the Contractor is otherwise entitled to, or an amount the payment of which is disputed by the City. (2) Submission of Claims Less than $375,000.00. The Contractor shall submit its claim of $375,000.00 or less to the City in writing, within the time frames established under paragraph 4.07, but no later than before the final payment is made. The City shall respond within the time provided by statute. If the Contractor disagrees with the response or the City fails to respond within the time permitted, the Contractor shall notify the City of the disagreement in writing within fifteen (15) days from the date of the response or expiration of the time permitted to respond and demand a meet-and-confer conference. The City shall schedule a meet-and-confer conference within thirty (30) days of the demand. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. If not resolved at the meet-and-confer conference, the Contractor may initiate a civil action as set forth in Public Contract Code section 20104 et seq., including but not limited to compliance with applicable Government Code provisions.
(3) Time Limits Not Extended. Nothing in subdivision (a) of Public Contract Code section 20104.2 shall extend the time limit or supersede the notice requirements provided in this Contract for filing claims by the Contractor.
(b) Alternative Dispute Resolution of Claims in Excess of $375,000.00.

As a condition precedent to the initiation of litigation, disputes in excess of a total value of $375,000.00 shall first be submitted to the claims procedures set forth in Sections 4.06 and

4.07. 2.11. GUARANTEE
(a) In addition to warranties, representations and guarantees stated elsewhere in the Contract Documents, the Contractor unconditionally guarantees all materials and workmanship furnished hereunder, and agrees to replace the same at its sole cost and expense, and to the satisfaction of the Engineer, any and all materials which may be defective or improperly installed.
(b) The Contractor shall repair or replace to the satisfaction of the Engineer any or all such work that may prove defective in workmanship or materials, ordinary wear and tear excepted, together with any other work, which may be damaged or displaced in so doing. (c) In the event of failure to comply with the above stated conditions within a reasonable time, the City is authorized to have the defect repaired and made good at the expense of the Contractor who will pay the costs and charges therefore immediately upon demand, including any reasonable management and administrative costs, and engineering, legal and other consultant fees incurred to enforce this section.

Attachment 3
271
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-17
(d) The signing of the Contract by the Contractor shall constitute execution of the above guarantees. Except as otherwise provided in this Contract, the guarantees and warranties shall remain in effect for a period of one (1) year after final Acceptance of the Work by the City.

Attachment 3
272
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-18
SECTION 3

CONTROL OF WORK

3.01. AUTHORITY OF ENGINEER
(a) The Engineer is the representative of the City and has full authority to interpret the Contract Documents, to conduct the construction review and inspection of the Contractor’s performance, and to decide questions, which arise during the course of the Work and the Engineer’s decisions on these matters, shall be final and conclusive. The Engineer has the authority to reject all work and materials, which do not conform to the Contract Documents, and has the authority to stop the Work whenever such stoppage may be necessary to insure the proper execution of the Contract. The Engineer’s failure to stop the Work shall not obligate the City to accept defective or otherwise unacceptable work or otherwise affect the Engineer’s or City’s authority to reject work for any reason set forth in the Contract Documents. (b) If at any time the Contractor’s work force, tools, plant or equipment appear to the Engineer to be insufficient or inappropriate to secure the required quality of work or the proper rate of progress, the Engineer may order the Contractor to increase their efficiency, improve their character, to augment their number or to substitute other personnel, new or additional tools, plant or equipment, as the case may be, and the Contractor shall comply with such order.

Neither the failure of the Engineer to demand such increase of efficiency, number, or improvement, nor the compliance by the Contractor with the demand, shall relieve the Contractor of its obligation to provide quality work at the rate of progress necessary to complete the Work within the specified time.
(c) The Engineer may authorize minor variations in the work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time. These may be accomplished by a Field Order. Contractor shall comply promptly with all Field Orders. If the Engineer and Contractor are unable to agree on entitlement or on the amount or extent, if any, of any adjustment in the Contract Price or Contract time, or cost, as a result of a Field Order, a claim may be made therefor pursuant to Section 2.11 (d) Any order given by the Engineer, not otherwise required by the Contract Documents to be in writing shall, on request of the Contractor, be given or confirmed by the Engineer in writing.
(e) Whenever work, methods of procedure, or any other matters are made subject to direction or approval, such direction or approval will be given by the Engineer.

3.02. DRAWINGS
(a) Drawings furnished herewith are for bidding purposes. The Engineer will furnish the Contractor, free of charge, (2) two sets (one for As-Built Drawings) of the Project Plans and Specifications for the execution of the work. Additional copies, beyond two sets, may be obtained by the Contractor from https://procurement.opengov.com/portal/cityofwestsacramento.

The Contractor shall have no claim for excusable delay on account of the failure of the Engineer to deliver such Drawings, unless the Engineer shall have failed to deliver the same within two weeks after receipt of written demand therefore from the Contractor. The Contractor shall keep one copy of said Drawings, in good order, available to the Engineer and the Engineer’s representatives, and convenient to the working site.

Attachment 3
273
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-19
(b) If the Contractor, in the course of the Work, finds any discrepancy between the Drawings and the physical condition of the locality, or any errors or omissions in the Drawings, or in the layout as given by points and instructions, it shall be the Contractor’s duty to inform the Engineer in writing, and the Engineer will promptly verify the same.

Any work done after such discovery, until authorized, will be done at the Contractor’s risk. All Drawings, Specifications, and copies thereof furnished by the Engineer are the property of the Engineer and shall not be reused on other work and, with the exception of the signed Contract sets, are to be returned to the Engineer, on request, at the completion of the Work. All models are the property of the City.
(c) The Drawings shall be supplemented by such Shop Drawings prepared by the fabricator and/or supplier and Working Drawings prepared by the Contractor as are necessary to adequately control the Work. No changes shall be made by the Contractor in any Shop or Working Drawings after they have been reviewed by the Engineer, if the Engineer deems that no further submittals are necessary. The Contractor shall not commence the layout, purchase, fabrication, or construction of any work for which Shop or Working Drawings are required until Engineer has reviewed the specifications and drawings and has indicated in writing no further submittals are required for compliance with the Contract Documents. (d) Shop and Working Drawings for any structure shall include, but not be limited to, detail design calculations, fabrication and installation drawings, lists, graphs, operating instructions, etc., which shall be reviewed and accepted by the Engineer before any such work is performed.
(e) Shop and Working Drawings will be required for cribs, cofferdams, falsework, centering and form work and for other temporary work and methods of construction the Contractor proposes to use. Such Drawings shall be subject to the review and Acceptance of the Engineer insofar as the details affect the character of the finished work, but details of design will be left to the Contractor who shall be responsible for the successful construction of the Work.
(f) Contractor agrees that Shop and/or Working Drawings processed by the Engineer are not Change Orders; that the purpose of these Drawings submitted by the Contractor is to demonstrate to the Engineer that the Contractor understands the design concept, that the Contractor demonstrates its understanding by indicating which equipment and material the Contractor intends to furnish and by detailing the fabrication methods it intends to use. It is expressly understood, however, that favorable review of the Contractor’s Shop and Working Drawings shall not relieve the Contractor of any responsibility for accuracy of dimensions and details, or for mutual agreements of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity of its Drawings with the Specifications. Contractor further agrees that if deviations, discrepancies or conflicts between Shop and/or Working Drawings and Specifications are discovered either prior to or after the Drawings are processed by the Engineer, the Specifications shall control and shall be followed.
(g) Unless otherwise stated, the Engineer shall have thirty (30) days from the date of receipt of Shop and/or Working Drawings for review.
(h) Full compensation for furnishing all Shop and/or Working Drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings relate and no additional compensation will be allowed therefore. Any cost related to the Engineer’s review of any particular set of Shop and/or Working Drawings more than twice, due Attachment 3
274
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-20
to incompleteness or unacceptability, shall be borne by the Contractor, and the City reserves the right to withhold such costs from payments due the Contractor. (i) All reasonable effort has been made to locate and delineate all known structures and facilities on the plans. Except as otherwise provided herein, the City of West Sacramento shall assume no responsibility for the completeness or accuracy of its delineation of underground utilities nor the existence of other buried objects which may be encountered, or which are not shown on the plans.
(j) The Contractor shall keep and maintain a clean set of plans for the project and shall record in red ink all changes, revisions, etc. made during the course of construction. These plans shall include all changes, revisions, etc. from the original plan complete with the exact sizes, locations, dimensions, elevations, etc. These plans shall be kept and maintained in a neat, clean and legible condition and shall be available for inspection at all times by the Engineer. The Contractor shall deliver these completed plans to the Engineer and the Engineer shall approve these plans prior to final Acceptance of the project by the City.

3.03. CONSTRUCTION STAKING AND SURVEYS
The Contractor places stakes and marks conformance with Chapter 12, "Construction Surveys," of the Caltrans's Surveys Manual.

The Contractor shall be responsible for providing all necessary construction stakes and marks to establish the lines and grades for the construction and completion of the work, including but not limited to, control and base lines, offset lines, cut/fill grade stakes, temporary survey stakes, tie-out protection, corner records, records of survey, and resetting of monuments as required and as directed by the engineer. Tie-outs to existing monuments are to be provided to the City by the Contractor prior to starting work.

The Contractor shall employ a person authorized to perform Land Surveying in the State of California to perform all necessary construction staking and survey work. All construction stakes and marks set by the Contractor’s Land Surveyor or Civil Engineer, shall be carefully preserved by the Contractor. In case such stakes and marks are destroyed or damaged, they shall be promptly replaced, at the direction of the Engineer, at no additional cost to the City.

The Contractor shall diligently and thoroughly search for, locate, and preserve all existing monumentation, horizontal control, and vertical control potentially affected by the work in accordance with Section 8771 of the Professional Land Surveyors Act in the Business and Professions Code of the State of California. Locations of existing monumentation, horizontal control, and vertical control within the area of work shall be completed and appropriate documentation submitted to the City Engineer prior to beginning work. Unless otherwise specified, all construction staking, or survey work shall be performed by an appropriately licensed land surveyor or civil engineer.

The Contractor shall remove construction stakes and any markings placed for the purpose of this project by the Contractor from the site of the work when no longer needed.

Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in performing construction staking, as shown on the plans, as specified in the Special Provisions, and as directed by the Engineer shall be considered as included in the contract prices paid for various contract items of work involved and no additional compensation will be allowed therefore.

Attachment 3
275
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-21

3.04. PERMITS AND REGULATIONS
Permits and licenses, of a temporary nature, necessary for the prosecution of the Work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified.

The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as shown on the plans and described in the Specifications. Contractor shall promptly notify the Engineer in writing of any specification at variance therewith. In such instances, any necessary changes shall be adjusted as provided in the Contract for changes in the Work. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Engineer, Contractor shall bear all costs arising therefrom.

3.05. CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE DEVIATIONS Work and materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown on Contract Documents. Although measurement, sampling, and testing may be considered evidence as to such conformity, the Engineer shall be the sole judge as to whether the Work or materials deviate from the Contract Documents. The Engineer’s decision as to any allowable deviations therefrom shall be final and conclusive.

3.06. COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS (a) Should it appear that the Work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Specifications and Plans, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Specifications and Plans, reference shall be made to the Engineer, whose decision thereon shall be final and conclusive.
(b) Any reference made in the Specifications and Plans to any specification, standard, method, or publication of any scientific or technical society or other organization shall, in the absence of a specific designation to the contrary, be understood to refer to the specification, standard, method, or publication in effect as of the date that the Work is advertised for Bids.
(c) Prior to the issuance of the Notice to Proceed, a pre-construction conference will be held at the office of the Capital Projects Department for the purpose of discussing with the Contractor the scope of work, Contract drawings, Specifications, existing conditions, materials to be ordered, equipment to be used, the project schedule, the traffic control plan, and all essential matters pertaining to the execution and the satisfactory completion of the project as required. The Contractor’s representatives at this conference shall include all major superintendents for the work and shall include major sub-contractors. The pre-construction conference will be held within ten (10) calendar days of council award of the contract.

3.07. SUBCONTRACTORS
(a) The attention of the Contractor is directed to the provisions of California Public Contract Code sections 4100-4113 regarding subcontracting and said provisions are by this reference incorporated herein and made a part hereof.

Attachment 3
276
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-22
(b) Each subcontract shall contain a suitable provision for the suspension or termination thereof should the Work be suspended or terminated or should the Subcontractor neglect or fail to conform to every provision of the Contract Documents insofar as such provisions are relevant. The Contractor shall be fully responsible to the City for the acts or omissions of the Contractor’s Subcontractors and of the persons either directly or indirectly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the City. If a legal action, including arbitration and litigation, against the City is initiated by a Subcontractor or Supplier, the Contractor shall reimburse the City for the amount of legal, engineering and all other expenses incurred by the City in defending itself in said action. (c) The City and the Engineer reserve the right to approve all Subcontractors.

Such approval shall be a consideration to the awarding of the Contract and unless notification to the contrary is given to the Contractor prior to the signing of the Contract, the list of Subcontractors which is submitted with the Contractor’s proposal will be deemed to be acceptable. Contractor shall not, without the written consent of the City, subcontract the whole of the Work.
(d) Violation and Penalty
In the event of a violation of California Public Contract Code sections 4100-4113, Contractor will be assessed a penalty of up to 10% of the value of the work as defined by contract item unit process.

3.08. COOPERATION OF CONTRACTORS
(a) Should construction be under way by other forces or by other contractors within or adjacent to the limits of the Work specified or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The right is reserved to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces. (b) When two or more contractors are employed on related or adjacent work, each shall conduct its operation in such a manner as not to cause any unnecessary delay or hindrance to the other. Each Contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by its operations, and for loss caused the other due to unnecessary delays or failure to finish the work within the time specified for completion.

3.09. SUPERINTENDENCE
(a) The Contractor shall designate in writing, before starting work, an individual as authorized representative who shall have the authority to represent and act for the Contractor.

This authorized representative shall be present at the Site of the Work at all times while work is actually in progress on the Contract. When the Work is not in progress and during periods when the Work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work, which may be required.
(b) The Contractor is solely responsible, at all times, for the superintendence of the Work and for its safety and progress.

Attachment 3
277
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-23
(c) Whenever the Contractor or its 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 foreman who may have charge of the particular work in reference to which the orders are given. (d) Any order given by the Engineer, not otherwise required by the Specifications to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing.

3.10. INSPECTION OF WORK
(a) Unless otherwise provided, all equipment, materials, and work shall be subject to inspection and testing by the Engineer. The Engineer will observe the progress and quality of the Work and determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Engineer shall not be required to make comprehensive or continuous inspections to check the quality of the Work. The Engineer shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. Visits and observations made by the Engineer shall not relieve the Contractor of Contractor’s obligation to conduct comprehensive inspections of the Work and to furnish proper materials, labor, equipment and tools, and perform acceptable work, and to provide adequate safety precautions, in conformance with the intent of the Contract.
(b) Whenever the Contractor varies the period during which work is carried on each day, the Contractor shall give due notice to the Engineer so that proper inspection may be provided. Any work done in the absence of the Engineer shall be subject to rejection. Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Engineer and other agents of the City, and agents of the federal, state, or local governments at all reasonable hours for inspection by such agencies to ascertain compliance with laws and regulations.
(c) One or more inspectors may be assigned to observe the Work by the Engineer and to act in matters of construction under this Contract. It is understood that inspectors shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. Such inspection shall not relieve the Contractor of the Contractor’s obligation to conduct comprehensive inspections of the Work, to furnish proper materials, labor, equipment and tools, and perform acceptable work, and to provide adequate safety precautions in conformance with the intent of the Contract.
(d) The Engineer and the Engineer’s representatives shall at all times have access to the Work wherever it is in preparation or progress, and the Contractor shall provide safe and convenient facilities for such access and for inspection. If the Specifications, the Engineer’s instructions, laws, ordinances, or any public authority require any material, equipment or work to be specifically tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the City, of the time fixed for inspection. Inspections by the Engineer will be made promptly and, where practicable, at the source of supply.
(e) Work performed without inspection may be required to be removed and replaced under proper inspection. In such instances, the entire cost of removal and replacing, including the cost of City-furnished materials used in the Work, shall be borne by the Contractor, regardless of whether or not the Work exposed is found to be defective. Examination of questioned work, other than that installed without inspection, may be ordered by the Engineer and, if so ordered, the Work must be uncovered by the Contractor. If such work is found to be in Attachment 3
278
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-24
accordance with the Contract Documents, the City will pay the cost of re-examination and replacement. If such work is found to be not in accordance with the Contract Documents, the Contractor shall pay such cost, unless the Contractor can show that the defect in the Work was caused by another Contractor , and in that event the City will pay such costs. (f) The inspection of the Work shall not relieve the Contractor of the Contractor’s obligation to fulfill the Contract as herein prescribed, or in any way alter the standard of performance provided by the Contractor, and defective work shall be made good and unusable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the Work or any part thereof shall be found defective, the Contractor shall, within ten (10) calendar days, make good such defect in a manner satisfactory to the Engineer. If the Contractor fails to make ordered repairs of defective work or to remove the condemned materials from the Work within ten (10) calendar days after written direction by the Engineer, the City may make the ordered repairs, or remove the condemned materials, and deduct the cost thereof from any monies due the Contractor.
(g) The Contractor shall furnish promptly, without additional charge, all facilities, labor and materials reasonably needed by the Engineer for performing all inspection and tests.

Contractor shall be charged with any additional cost of inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection. (h) Where any part of the Work is being done under an encroachment permit or building permit, or is subject to federal, state, county or city codes, laws, ordinances, rules or regulations, representatives of the government agency shall have full access to the Work and shall be allowed to make any inspection or tests in accordance with such permits, codes, laws, ordinances, rules, or regulations. If advance notice of the readiness of the Work for inspection by the governing agency is required, the Contractor shall furnish such notice to the appropriate agency.
(i) The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer’s authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials.

Adequate facilities shall be furnished free of charge to make the necessary inspection. The City assumes no obligation to inspect materials at the source of supply.

3.11. TESTS
The Contractor shall perform, at the Contractor’s own expense, all tests specified or required by the Specifications. The Engineer may perform such tests as the Engineer deems necessary to determine the quality of work or compliance with Contract Documents. The Contractor shall furnish promptly without additional charge all facilities, labor, and material reasonably required for performing safe and convenient tests as may be required by the Engineer. All tests by the Engineer will be performed in such a manner as will not unnecessarily delay the Work. The Contractor shall not be required to reimburse the City for tests performed by the City or Engineer. If samples of materials are submitted which fail to pass the specified tests, the Contractor shall pay for all subsequent tests.

Attachment 3
279
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-25

3.12. REMOVAL OF REJECTED AND UNAUTHORIZED WORK AND MATERIALS (a) All work or materials, which have been rejected, shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no compensation shall be allowed the Contractor for such removal, replacement, or remedial work. (b) 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 work and will not be paid for. Upon order of the Engineer, unauthorized work shall be remedied, removed, or replaced at the Contractor’s expense. (c) Upon failure of the Contractor to comply with any order of the Engineer made under this section, the City may cause rejected or unauthorized work to be remedied, removed, or replaced, and may deduct the costs therefore from any monies due or to become due the Contractor.

3.13. DEDUCTIONS FOR UNCORRECTED WORK
If the Engineer deems it inexpedient to correct work damaged or not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore, and such sum may be withheld by the City from Contractor’s payment.

3.14. EQUIPMENT AND PLANTS
(a) Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the Project.
(b) Plants will be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to insure the production of sufficient material to carry the Work to completion within the time limit.
(c) The Contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer, shall remove unsuitable equipment from the Work and discontinue the operation of unsatisfactory plants. Contractor shall, upon request of the Engineer, submit one or more lists identifying, by make, model number, Contractor ‘s identification number and empty gross weight, each piece of operable equipment used for the Work. Contractor shall, upon request of the Engineer, submit documentation establishing that any measuring device used for the Work has been tested and properly approved under California Test 109.
(d) In the case of termination of this Contract before its completion for any cause whatsoever, the Contractor, if notified to do so by the City, shall promptly remove any part or all of its equipment and supplies from the property of the City. If the Contractor fails to do so, the City shall have the right to remove such equipment and supplies at the expense of the Contractor.

3.15. CHARACTER OF WORKER
If any Subcontractor, or person employed by the Contractor or any Subcontractor fails or refuses to carry out the directions of the Engineer or appears to the Engineer to be incompetent or to act in a disorderly or improper manner, said person shall be removed from the Project immediately on the requisition of the Engineer. That person shall not again be employed on the Attachment 3
280
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-26
Work. Such discharge shall not be the basis for any claim for compensation or damages against the City, or any of its officers or agents.

3.16. SEPARATE CONTRACTS
(a) The City reserves the right to let other contracts in connection with this Work.

The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate Contractor’s work with the other Contractor ‘s work. (b) If any part of the Contractor’s work depends on proper execution or results upon the Work of any other Contractor , the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. The Contractor’s failure to inspect and report shall constitute an Acceptance of the other Contractor's work as fit and proper for the reception of the Contractor’s work, except as to defects which may develop in the other Contractor ‘s work after the execution of the Contractor’s work.
(c) To insure the proper execution of Contractor’s subsequent work, the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the Drawings.

3.17. ASSIGNMENT
The Contractor shall not assign the Contract or sublet it as a whole or in part without the written consent of the City, nor shall the Contractor assign any monies due, or to become due to the Contractor hereafter without the prior written consent of the City.

3.18. USE OF COMPLETED PORTIONS, RIGHT TO OPERATE UNSATISFACTORY

EQUIPMENT OR FACILITIES
(a) The City may, at any time, and from time to time, during the performance of the Work, enter the Work Site for the purpose of installing any necessary work by City labor or other contracts, and for other purpose in connection with the installation of facilities. In doing so, the City shall endeavor not to interfere with the Contractor and the Contractor shall not interfere with other work being done by or on behalf of the City.
(b) If, prior to completion and final Acceptance of all the Work, the City takes possession of any structure or facility (whether completed or otherwise) comprising a portion of the Work with the intent to retain possession thereof (as distinguished from temporary possession contemplating the return to the Contractor), then, while the City is in possession of the same, the Contractor shall be relieved of liability for loss or damage to such structure other than that resulting from the Contractor’s fault or negligence. Such taking of possession by the City shall not relieve the Contractor from any provisions of this Contract regarding such structure, other than to the extent specified in the preceding sentence, nor shall such taking constitute a final Acceptance of such structure or facility. (c) If, following installation of any equipment or facilities furnished by the Contractor, defects requiring correction by the Contractor are found, the City shall have the right to operate such unsatisfactory equipment or facilities and make reasonable use thereof until the equipment or facilities can be shut down for correction of defects without injury to the City.

Attachment 3
281
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-27

3.19. LANDS FOR WORK, RIGHT-OF-WAY CONSTRUCTION ROADS
(a) The City will provide the lands, easements, right-of-way, and/or encroachment permits necessary or other rights to enter and work on lands necessary for the performance of the Work. Other permits and licenses are addressed by Section 3.04. Should the Contractor find it advantageous to use any additional land for any purpose whatever, the Contractor shall provide for the use of such land at its expense. The Engineer shall be furnished with a copy of written agreements or otherwise be notified in writing of additional working space which is acquired. Nothing herein contained and nothing marked on the Plans shall be interpreted as giving the Contractor exclusive occupancy of the territory provided by the City. When two or more contracts are being executed at one time on the same or adjacent land in such a manner that work on one contract may interfere with that on another, the Engineer shall decide which Contractor shall cease work, and which shall continue, or whether the work on both contracts shall progress at the same time and in what manner, and the decision of the Engineer shall be final and binding. When the territory of one contract is the necessary or convenient means of access for the performance of another contract, such privilege of access or any other reasonable privilege may be granted by the Engineer to the Contractor so desiring, to the extent, amount, in the manner, and at the time permitted. No such decision as to the method or time of conducting the Work or the use of territory shall be the basis of any claim for delay or damage.
(b) Lands, easements or rights-of-way to be furnished by the City for construction operations will be specifically shown on the Plans. The sites of work for the “HIGHWAY SAFETY IMPROVEMENT PROGRAM PROJECT” lie within the property, rights-of-way, and easements owned by the City of West Sacramento. The locations and limits of work are shown on the plans for this project. Contract is required for securing areas required for plant sites, storage of equipment for materials or for other purposes. (c) The Contractor shall construct and maintain all roads necessary to reach the various parts of the Work and for the transportation thereto of construction material and personnel. The cost of constructing and maintaining such roads shall be borne by the Contractor.

3.20. CITY’S RIGHT TO AUDIT AND PRESERVATION OF RECORDS (a) The Contractor shall maintain books, records and accounts of all costs in accordance with generally accepted accounting principles and practices. The City and its authorized representatives shall have the right to audit the books, records and accounts of the Contractor under any of the following conditions:
(1) The Contract is terminated for any reason in accordance with the provisions of the Contract Documents in order to arrive at equitable termination costs; (2) In the event of a disagreement between the Contractor and the City over the amount due the Contractor under the terms of the Contract; (3) To check or substantiate any amounts invoiced or paid which are required to reflect the costs of the Contractor, or the Contractor’s efficiency or effectiveness under this Contract or in connection with extras, changes, claims, additions, back charges, or others, as may be provided for in this Contract;
Attachment 3
282
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-28
(4) If it becomes necessary to determine the City’s rights and the Contractor’s obligations under the Contract or to ascertain facts relative to any claim against the Contractor which may result in a charge against the City; (5) To determine any difference in cost occasioned by a permissible substitution;
(6) And/or for any other reason in the City’s sole judgment. (b) Contractor shall provide the City (or its representatives), unlimited, reasonable access during working hours to the Contractor’s books and records. The City’s audit rights shall be liberally construed in the City’s favor.
(c) The Contractor, from the effective date of final payment or termination hereunder, shall preserve and make available to the City for a period of three (3) years thereafter, at all reasonable times at the office of the Contractor (but without any charge to the City), all its books, records, documents, photographs, micro-photographs, and other evidence bearing on the costs and expenses of the Contractor under this Contract and relating to the Work hereunder.
(d) The City will make all payments required of it under this Contract subject to audit, under circumstances stated above, which audit may be performed at the City’s option, either during the Contract time period or during the record retention time period. Regardless of authorization, approval or acceptance, signatures or letters which are given by the City and are part of the City’s control systems or are requested by the Contractor, the payments made under this Contract shall not constitute a waiver or agreement by the City that it accepts as correct the billings, invoices or other charges on which the payments are based. If the City’s audit produces a claim against the Contractor, the City may pursue all its legal remedies even though it has made all or part of the payments required by this Contract. (e) If any audit by the City or its representative discloses an underpayment by the City pursuant to the terms of the Contract Documents, the City shall have the duty to pay any amount found by the audit to be owed to the Contractor. If such audit discloses an overpayment, the Contractor shall have the obligation to reimburse the City for the amount of the overpayment. The City’s right to claim reimbursement from the Contractor of any overpayment shall not be terminated or waived until three years after the completion of the City’s audit or upon the termination of audit rights under subparagraph 3.20(f), whichever date is later. The obligation of the Contractor to make reimbursements hereunder shall not terminate except as provided by law.
(f) The City’s right to audit and the preservation of records shall terminate at the end of three (3) years after the date final payment is made or termination of the Contract. The Contractor shall include this “Right to Audit and Preservation of Records” clause in all subcontracts issued by it and it shall require the same to be inserted by all lower tier Subcontractors in their subcontracts, for any portion of the work. Should Contractor fail to include this clause in any such contract or lower tier contract, or otherwise fail to insure the City’s rights hereunder, Contractor shall be liable to the City for all costs, expenses and attorney’s fees which the City may have to incur obtaining or attempting to obtain an audit or inspection of or the restoration of records which otherwise would have been available to the City from said persons under this clause. Such audit may be conducted by the City or its authorized representative.

Attachment 3
283
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-29

3.21. PERFORMANCE OF SUBCONTRACTORS
See Part 2, "Federal Provisions."

3.22. SUBCONTRACTOR AND DBE RECORDS
See Part 2, "Federal Provisions."

3.23. DBE CERTIFICATION STATUS
See Part 2, "Federal Provisions."
Attachment 3
284
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-30
SECTION 4

CONTROL OF MATERIALS

4.01. MATERIALS
(a) Unless otherwise specifically stated in the Specifications, the Contractor shall furnish all materials necessary for the execution and completion of the Work. Unless otherwise specified, all materials shall be new and shall be manufactured, handled, and installed in a workmanlike manner to insure completion of the Work in accordance with the Contract Documents. The Contractor shall, upon request of the Engineer, furnish satisfactory evidence as to the kind and quality of materials. The City shall use a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. (b) Where materials are to be furnished by the City, the type, size, quantity and location at which they are available will be stated in the Contract Documents. (c) Manufacturers’ warranties, guarantees, instruction sheets and parts listed, which are furnished with certain articles or materials incorporated in the Work, shall be delivered to the Engineer before Acceptance of the Contract.

4.02. STORAGE OF MATERIALS
Articles or materials to be incorporated in the Work shall be stored in such a manner as to insure the preservation of their quality and fitness for the Work, and to facilitate inspection.

4.03. TRADE NAMES AND ALTERNATIVES
Whenever a material, article, system or sub-system is specified or described by using the name and/or model of a proprietary product or trademark or the name of the manufacturer or vendor, the specified item shall establish the type, function, and quality required. It shall be understood that the words “or approved equivalent” are implied whether or not they follow the proprietary enumeration.

The City reserves the right to determine when proprietary items have no equivalency, and when uniformity of operations, interchangeability of parts, standard parts inventory, etc., are in the City’s best interest.

Requests for review of equivalency will be considered upon submission of sufficient information as described herein, to allow complete review. Such requests shall not be accepted from anyone other than the Contractor. Such submission must be made prior to purchase, fabrication, manufacture or use of the equivalent items under consideration. (a) Contractor’s Risk. If the Contractor includes in its Bid or later proposes any material, product or equipment that the Contractor considers equivalent to that specified, the Contractor assumes all risk of any sort associated with Acceptance or rejection of proposed equivalent items. The Contractor shall have no right to make claim based upon Contractor’s Bid that includes a proposed equivalent item(s) of work which resulted in a lower Bid amount for said item(s) or lower total bid.
(b) Submission Requirements. Each submission for equivalency review shall include:

Attachment 3
285
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-31
(1) Justification for use of the proposed equivalent item(s), including evidence, as applicable, that Contract specified material, product or equipment is unobtainable or unobtainable within an acceptable time for contract completion; (2) A description of the difference between specified item(s) and proposed equivalent item(s) and the comparative advantages and disadvantages of each; (3) All relevant data addressing each specified parameter to show equivalency;
(4) A prediction of any effects the proposed change will have on operation and maintenance costs where applicable.
(c) Equivalency. An item will be considered equivalent to the item specified if it is equal to or better in:
(1) Design and strength in all sub-parts, quality, reliability and durability, operation, maintenance and serviceability, as applicable; and (2) Specified parameters in performance in all respects for the specific function(s) indicated in the contract.
(d) Supplemental Requirements. Any tests required by the City to establish quality and performance standards shall be promptly conducted by or through the Contractor at no additional cost to the City. In addition, the Contractor shall:
(1) Submit any additional data requested by the Engineer for the equivalency review; and
(2) Satisfactorily accomplish all changes, including any Engineering associated with use of equivalent items, at no additional cost to the City. (e) Equivalency Determinations. The Engineer shall be the sole judge as to equivalency determinations. The Engineer’s decision shall be final. The Contractor shall have no right of appeal to any decision rejecting the equivalency of any item. (f) Procedure.
(1) Data substantiating a request for a substitution of “an equal” item shall be submitted prior to the Award of the Contract pursuant to Section 3400 of the latest edition of the Public Contract Code.
(2) After the Bid opening, the apparent three low bidders shall have seven (7) calendar days to provide complete substantiating data for all product, material or system substitution requests. After this seven (7)-day period, the City may award the Contract to the apparent low bidder. In no event will product, material or system substitution requests submitted after the Award of Contract be considered. Failure to submit such substantiating data will result in the automatic rejection of the proposed substitution request. The City will have thirty (30) days to review the first ten (10) proposed substitution requests. For each additional five (5) product, material or system substitution requests over and above the initial ten (10), the City will have ten (10) additional days to review the proposed substitution requests. (3) Each substitution request may include one alternate substitution. All alternate substitutions shall be submitted concurrently with substitution requests. Upon review Attachment 3
286
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-32
by the City, proposed substitutions shall be returned to the Bidder marked either “accepted” or “rejected”. The City shall only review alternative substitution requests if the primary substitution request is rejected. If a substitution request, and its alternative, is returned “rejected”, no further substitution requests for that product, material or system will be allowed and the Bidder will provide the specified product, material or system.
(4) If, after all substitution requests have been processed, substitution requests by the apparent low Bidder are rejected by the City, the apparent low Bidder may elect not to execute the Contract. Under no circumstances, will bidders be allowed to alter their Bid Price as originally submitted. This election shall be made in writing no later than five (5) days following the receipt of the reviewed substitution requests. An election by the Bidder not to execute the Contract will result in the forfeiture of the bidder’s Bid bond. If the apparent low Bidder elects not to continue, and the second low Bidder is awarded the Contract, the second low Bidder may then elect not to execute the Contract for the contract price shown on its Bid Form. Subsequent bidders shall have five (5) days following the receipt of the reviewed substitution requests and the Notice of Award in which to make their election. This process shall continue until one Bidder decides to continue with the Award of Contract process. (5) The City may award the Contract at any time after the time for submitting substitution requests expires pursuant to subpart (2), above. In the event the Contract is awarded prior to acceptance/rejection of substitution requests, all outstanding substitution requests shall be reviewed by the City as provided above. If the apparent low Bidder elects not to execute the Contract, the Award of Contract to the apparent low Bidder shall be rescinded and the Contract awarded to the next apparent low bidder. All bidders electing not to execute the Contract expressly agree that the City shall incur no liability for such rescissions. As provided herein, “apparent low bidder” means the lowest responsive and responsible bidder.

4.04. CERTIFICATES OF COMPLIANCE
(a) A Certificate of Compliance shall be furnished prior to the use of any materials for which the Technical Specifications require that such a certificate be furnished. Federal Funded projects will require Caltrans LAPM Exhibit 16-T. In addition, when so authorized in the Specifications, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate of Compliance shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Contract. A Certificate of Compliance shall be furnished with each lot of material delivered to the Work and the lot so certified shall be clearly identified in the Certificate. (b) All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the Work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not. (c) The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
(d) The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.

Attachment 3
287
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-33

4.05. BUY AMERICA REQUIREMENTS
See Part 2, "Federal Provisions."
Attachment 3
288
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-34
SECTION 5

LEGAL RELATIONS AND RESPONSIBILITY

5.01. COMPLIANCE WITH LAWS – PERMITS, REGULATIONS, TAXES The Contractor is an independent Contractor and shall, at the Contractor’s sole cost and expense, comply with all laws, rules, ordinances and regulations of all governing bodies having jurisdiction over the Work, obtain all necessary permits and licenses therefore, pay all manufacturers’ taxes, sales taxes, use taxes, processing taxes, and all federal and state taxes, insurance and contributions for social security and unemployment which are measured by wages, salaries or any remuneration paid to Contractor’s employees, whether levied under existing or subsequently enacted laws, rules or regulations. The Contractor shall also pay all property tax assessments on materials or equipment used until Acceptance by the City. If any discrepancy or inconsistency is discovered in the Plans or Specifications, or in this Contract in relation to any such law, rule, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. The Contractor shall also protect, defend and indemnify the City, the Engineer, and all of the City’s officers, agents, and servants against any claim or liability arising from or based upon the violation of any such law, rule, ordinance, regulation, order or decree, whether by the Contractor or its employees. Particular attention is called to the following:
(a) Without limitation, materials furnished and performance by Contractor hereunder shall comply with Safety Orders of the Division of Industrial Safety, State of California, Federal Safety regulations of the Bureau of Labor, Department of Labor; and any other applicable Federal regulations.
(b) The Contractor, upon request shall furnish evidence satisfactory to the City and Engineer that any or all of the foregoing obligations have been or are being fulfilled. The Contractor warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that Contractor has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable the Contractor to perform this Contract. (c) Contractor is required to insure that material safety data sheets (MSDSs) for any material requiring a material safety data sheet pursuant to any federal or state law are available in a readily accessible place on the Project premises. Contractor is also required to insure:
(1) The proper labeling of any substance brought onto the Project premise by Contractor or any Subcontractors and
(2) That the person(s) working with the material, or within the general area of the material, are appropriately informed about the hazards of the substance and follow proper handling and protection procedures.
(d) Contractor is required to comply with the provisions of California Health and Safety Code section 25249.5, et seq. (Prop. 65), which requires the posting and giving of notice to persons who may be exposed to any chemical known to the State of California to cause cancer.

Attachment 3
289
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-35

5.02. PREVAILING WAGE
(a) The Contractor shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Contractor or any Subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775 which is incorporated herein by reference. Copies of the current schedules for prevailing wages are on file in the City’s office, and the contents of those schedules are included herein as if set forth in full.
(b) The City will not recognize any claims for additional compensation because of the payment of the wages set forth in these General Conditions. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances, other than delays caused by the City, the Engineer, or the City’s agents, be considered as the basis of a claim against the City. (c) The Contractor agrees to follow the instructions of the City’s labor compliance officer until notified otherwise in writing by the City. (d) The Director of the Department of Industrial Relations of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract.

Copies of the applicable prevailing wage rate determinations are made available to the Contractor and Subcontractor at the Pre-Job Conference Meeting. The Contractor shall post a copy of this document at the prevailing wages at each job site, along with a CMU work place poster, printed on 8 1/2” X 11” paper or larger, in accordance with California Code of Regulations, Title 8, section 16451(d).

In addition, see Part 2, "Federal Provisions."

5.03. PREVAILING WAGE RECORDS
(a) The Work is subject to monitoring and enforcement of prevailing wage requirements by the Department of Industrial Relations (“DIR”) and the following provisions will apply:
(1) Contractor and Subcontractors shall maintain and furnish to the DIR, a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports in PDF form shall be transmitted electronically to the DIR after first registering at http://www.dir.ca.gov/Public-Works/CertifiedPayroll-Reporting.html. The provisions of Labor Code section 1776 are incorporated herein by reference.
(2) The CITY and the DIR shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. The DIR will notify the Contractor or Subcontractor(s), as appropriate) of any noncompliance, in order for all such Contractor or Subcontractor(s) to correct the noncompliance.
(3) The City shall withhold payments when payroll records are delinquent or inadequate.

Attachment 3
290
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-36
(4) The City shall withhold payments equal to the amount of underpayment and applicable penalties when, after investigation, it is established that underpayment has occurred.
(5) The City shall cooperate with the DIR and DLSE in any investigation of suspected violations of prevailing wage requirements.
(6) As directed by the Labor Commissioner, the City shall withhold Contract payments equal to the payments due or estimated to be due to the Contractor or Subcontractors whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment against such Contractor or Subcontractors. The Contractor shall be required to withhold payments to a Subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the Subcontractor has cured such delinquency or deficiency.
(7) These payroll records shall be made available to the City’s representatives. These records shall be maintained during the course of the Work. The Contractor and all Subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.
(8) The Contractor shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all Subcontractors and any lower tier Subcontractors. (9) The Project will not be accepted as complete by the City nor final payment made until all items of non-compliance are corrected or until appropriate provision is made by depository agreement to assure the ultimate resolution and payment of any back wages that may be found due.
(b) A pre-construction conference shall be conducted before commencement of the Work with the Contractor and Subcontractors at which time the prevailing wage requirements will be reviewed and agreed to by all parties.

In addition, See Part 2, "Federal Provisions."

5.04. LABOR DISCRIMINATION
Attention is directed to Section 1735 of the Labor Code, which reads as follows: “A Contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every Contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.”

5.05. EIGHT-HOUR DAY LIMITATION
Attachment 3
291
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-37
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, eight hours labor shall constitute a day’s work, and no worker, in the employ of said Contractor, or any Subcontractor, doing or contracting to do any part of the work contemplated by this Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay. (b) The Contractor and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Work. This record shall be open at all reasonable hours to the inspection of the City, State and Federal officers and agents. It is hereby further agreed that, the Contractor shall forfeit as a penalty to the City the sum of twenty-five dollars ($25.00) for each worker employed in the performance of this Contract by the Contractor or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

5.06. COMPLIANCE WITH STATE REQUIREMENTS FOR EMPLOYMENT OF

APPRENTICES
The Contractor’s attention is directed to Section 1777.5 of the Labor Code. Provisions of said section pertaining to employment of registered apprentices are hereby incorporated by reference into these Specifications. As applicable, the Contractor or any Subcontractor employed by the Contractor in the performance of the Work shall take such actions as necessary to comply with the provisions of Section 1777.5.

5.07. UNDERGROUND UTILITIES
(a) In accordance with Government Code section 4215, the Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating existing main or trunkline utility facilities which are not indicated in the Contract Plans and Specifications with reasonable accuracy, and for the equipment on the Project necessarily idled during such work, provided that the Contractor shall first notify the Engineer before commencing work on locating, repairing damage to, removing or relocating such utilities. Contractor shall not be assessed liquidated damages for delays in completing the Work when such delays are due to the failure of either the City or the owner of the utility to provide for removal or relocation of such utility facilities. (b) The Contractor shall take all precautions necessary to protect the existing utilities within the project area. Any utilities damaged due to the Contractor’s negligence shall be repaired or restored to their original condition at the Contractor’s sole expense. Existing utilities shall be kept in service during the life of the Contract unless relocation, reconstruction, abandonment, or outage is specifically authorized by the Engineer. (c) The Contractor shall provide and maintain such temporary supports as may be necessary to preserve the functions of the various utility systems. No wires, conduits and/or pipes shall be removed until all services therein have been made inoperable. (d) The Contractor shall notify the Engineer and appropriate Regional Notification Center for operators of subsurface installations at least two (2) working days, but not more than Attachment 3
292
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-38
fourteen (14) calendar days, prior to performing excavation or other work close to any underground pipeline, conduit, duct, wire and other structures. The Contractor shall provide updated information to the Notification Center as required and on a periodic basis. The Regional Notification Center includes but is not limited to the Underground Service Alert-Northern California (USA) at 1-800-642-2444.
(e) The Contractor is advised that the State of California does not participate in USA.

The Contractor is required to notify Caltrans Permits Branch (916) 322-1297 for the location of State facilities.
(f) The Contractor shall not proceed with work until utility facilities involved have been located, disconnected, or otherwise adjusted by utility representatives. (g) The City Utility Maintenance Division will make repairs to all water service laterals and water mains damaged by the Contractor during the course of construction unless directed otherwise by the Engineer. Except as otherwise provided in this section, the Contractor shall be required to pay all labor, material and equipment costs incurred by the City Utilities Maintenance Division for the repairs made to damaged water service laterals and water mains.

The City will bill the Contractor for the repairs and the bills will be paid by the Contractor prior to either the next monthly progress payment or prior to the final payment, whichever comes first.

The Contractor shall provide to the Engineer proof of payment of the repair bills prior to the issuance of either the monthly progress payment or final payment. The current labor and equipment rates for the City Utility Maintenance Division will be made available to the Contractor at the preconstruction conference. The City shall have the right to deduct the total amount of any unpaid City repair bill from the money due or to become due the Contractor. (h) The Contractor is responsible for having a private utility locator mark the location of all underground facilities outside of the City street right-of-way prior to performing excavation or other work close to any underground pipeline, conduit, duct, wire and other structures on any private property. Minor utilities with surface features (i.e. irrigation & electrical pull boxes) within and beyond the right-of-way should be located and marked by the contractor if left unmarked by the utility purveyor.
(i) The contractor will not be compensated for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in locating existing underground facilities within the City right-of-way and on private property. (i) The Contractor is responsible for having a Utility Locator mark the location of all underground facilities outside of the City street right-of-way prior to performing excavation or other work close to any underground pipeline, conduit, duct, wire and other structures on any private property.
(j) Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in locating existing underground facilities within the City right-of-way and on private property as specified in these Special Provisions shall be considered as included in the contract prices paid for various contract items of work involved and no additional compensation will be allowed therefore.
(k) The Contractor shall take all precautions necessary to protect the existing utilities within the project area. Any utilities damaged due to the Contractor’s negligence shall be repaired or restored to their original condition at the Contractor’s sole expense.

Attachment 3
293
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-39
The Contractor shall coordinate his activities in a manner that will provide the least interference with the City's operations, other contractors and utility companies working in the area, and agencies exercising jurisdiction over the project area or portions thereof. Contractor shall be responsible for coordination of relocation or adjustments of any facilities within the project limits.

At a minimum the Contractor shall coordinate his operations with the following:
• Underground Service Alert
Contractor shall contact Underground Service Alert (USA) at 1-800-642-2444, a minimum of three (3) working days prior to any excavation. • AT&T/Pacific Bell
Contractor shall contact Andrea Galeste at (916) 606-3952 forty-eight hours (48) before any work to be performed by AT&T/Pacific Bell, or anytime excavation will be in the vicinity of AT&T/Pacific Bell lines.
• AT&T-TCA
Contractor shall contact Maria Guzman at (213) 787-9996 forty-eight hours (48) before any work to be performed by AT&T-TCA, or anytime excavation will be in the vicinity of AT&T-TCA lines.
• Pacific Gas and Electric (PG&E)
Contractor shall contact Ben Case at Office-(530) 921-3606 or email [email protected] at least 7 calendar days before start of construction. The contractor shall coordinate PG&E standby employee anytime excavation is within 10 feet of a gas transmission line.
• Wave Communications
Contractor shall contact Frank Bargiel at Office-(916 223-0123 forty-eight hours (48) before any work to be performed by Wave Broadband, or anytime excavation will be in the vicinity of Wave Broadband lines.

Kinder Morgan
Contractor shall contact KM ROW specialist, Mr. Jason Brothers (559) 333-1799, at least two weeks prior to commencement of work near the pipeline Zayo Group
Contractor shall contact Monica Pino at (916) 804-0573 forty-eight (48) before any work to be performed by Zayo Group, or anytime excavation will be in the vicinity of Zayo Group lines.
• XO Communications
Contractor shall contact Chad Auchey at (510) 580-6363 forty-eight hours (48) before any work to be performed by XO Communications, or anytime excavation will be in the vicinity of XO Communications lines.

5.08. WATER POLLUTION
The Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, and canals from pollution with fuels, oils, bitumens, calcium chloride, and other harmful materials and shall conduct and schedule Contractor’s operations so as to avoid or minimize muddying and silting of said streams, lakes, reservoirs, and canals. Care shall be exercised to preserve vegetation beyond the limits of construction. The Contractor shall comply with Section 5650 of the California Fish and Game Code and all other applicable statutes and regulations relating to the prevention and abatement of water pollution.

Before starting any work on the project, the Contractor shall submit, for acceptance by the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) to control water pollution effectively during construction of the project. The WPCP shall show all water pollution control measures which the Contractor proposes to take in connection with the construction of the project to minimize the effects of construction runoff during operations. The contractor shall not Attachment 3
294
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-40
perform any clearing or grubbing or earthwork on the project, other than that specifically authorized in writing by the City Engineer, until the program has been accepted and implemented.

Submittal: Storm Water Pollution Prevention Plan (SWPPP) The provisions in Section 13 “Water Pollution Control” of the State Standard Specifications shall apply to this contract. The SWPPP shall specify Best Management Practices (BMPs) that will prevent all construction pollutants from contacting storm water before, during, and post-construction with the intent of keeping all products of erosion from moving off site into receiving waters. Work also includes complying with the project Storm Water Pollution Prevention Plan provisions and providing a Storm Water Pollution Prevention Plan which shall be on site during the duration of the project at all times. All work shall conform to City Standard Specifications and Details, the Caltrans Standard Specifications, these Special Provisions, the California Environmental Protection Agency, and as directed by the City Engineer.

5.09. PAYMENT OF TAXES
The Contract prices paid for the Work shall include full compensation for all taxes, which the Contractor is required to pay, whether imposed by federal, state, or local governments.

5.10. PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the lawful prosecution of the work. All permits and licenses shall be obtained in sufficient time to prevent delays to the Work. The Contractor shall, at a minimum, possess and maintain the licenses and permits set forth in the Contract Provisions.

The Contractor shall possess a Class "A" General Engineering Contractor's License in the State of California.

The Contractor is responsible for obtaining a City of West Sacramento business license and furnishing a copy to the Engineer prior to the commencement of work.

The Contractor is responsible for obtaining a City Encroachment Permit to do the work and complying with all conditions and requirements of the permit. The Contractor will not be charged a fee for this permit.

The Contractor is responsible for obtaining a Caltrans Rider Encroachment Permit to do all work within Caltrans Right of Way and complying with all conditions and requirements of the permit. The Contractor will not be charged a fee for this permit.

The Contractor is responsible for obtaining a City Fire Hydrant Permit for construction water, prior to construction. The permit for temporary construction water shall be obtained at the City Public Works office located at 1951 South River Road; Phone: (916) 617-4850. The Contractor shall be held to all responsibilities and conditions of the Fire Hydrant Permit and the Hydrant Meter Policy. The Fire Hydrant Permit will be provided to the Contractor free of charge but there will be a refundable $1,725 deposit required. The temporary water permit, obtained prior to construction, may be charged against the project Work Order Number. All City equipment issued to the Contractor under the Fire Hydrant Permit shall be returned to the City prior to issuance of the Contract final payment. All costs for repair and/or replacement of any lost or damaged City equipment, including repair of hydrants damaged as a result of use by the Contractor, shall be deducted from the Contractor’s final payment.

Attachment 3
295
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-41
The Contractor shall be responsible for submitting a completed Industrial Discharge Permit Application to Sacramento County Wastewater Source Control Section for all anticipated discharges of chlorinated water into the City sanitary sewer system. The permit application will require data on allowable flows into the system, times of discharge, concentrations of chlorine, etc. For information on obtaining an Industrial Discharge Permit Application contact Sacramento County Wastewater Source Control Section at (916) 876-6522.

5.11. PATENTS
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated into the Work, and agrees to indemnify, defend and save harmless the City, the Engineer, and their duly authorized representatives, from all suits at law, or actions of every nature for, or on account of, the use of any patented materials, equipment, devices, or processes.

5.12. PUBLIC CONVENIENCE
This section defines the Contractor’s responsibility with regard to convenience of the public and public traffic in connection with its operations. (a) The Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public. The Contractor shall have under construction no greater length or amount of work than can be properly prosecuted with due regard to the rights of the public.

NOTIFICATION OF RESIDENTS AND BUSINESSES: Proper and timely notification of residents and businesses in the project areas is of utmost importance to the City. It is the responsibility of the Contractor to ensure that all residents and businesses receive written notice detailing streets, description of work, dates and hours of work, and contact information at least forty-eight (48) hours prior to the commencement of work. If the Contractor anticipates any delay in the work that exceeds the forty-eight (48) hour notice, the Contractor shall submit another notice to the resident or business indicating the extended window of delay. There shall be a limit of no more than forty-eight (48) hours for the extended window notification. Notifications are required The Contractor shall make every reasonable effort to ensure that written notification is received and acknowledged by residents and businesses located in the construction zone. The notification must be in a form approved by the Engineer. Non-compliance with any stipulation of this section will be justification for the City to stop work.

Submittals: Notification to residents and businesses shall be submitted to the Engineer five (5) business days prior to the start of the notification period.

Notification to residents and businesses of extension of delay shall be submitted to the Engineer five (5) business days prior to the start of the notification period.

The Contractor shall maintain property access to all residences, businesses and schools at all times unless approved otherwise by the Engineer. All portions of driveway, concrete, and sidewalk removed during progress of work shall be replaced within a maximum of (5) days after concrete is removed. The section removed shall be backfilled with temporary material if work is delayed or anticipated to take longer than maximum Attachment 3
296
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-42
allowable days. Notification shall be made to the resident or business at least forty-eight (48) hours prior to commencement of work and shall include when the concrete will be poured and completed.

Upon approval by the City Engineer, access to certain properties may be temporarily closed for a maximum of (5) days if all of the following conditions can be met:
1) No options exist to maintain property access and complete the project. 2) Contractor has discussed the closure with the business owner in person. 3) Residents or business owners have been notified in writing at least seven (7) calendar days in advance of the time and length of closure. 4) Residents or business owners have been reminded of the closure in writing at least two (2) working days prior to the actual closure.
5) Contractor has provided business with a contractor name and number to call with questions regarding the closure.

Full and temporary closures require a minimum of forty eight (48) hour notification to residents and shall be re-opened to the public with the least amount of inconvenience.

Temporary access may be required for emergency vehicles at any time.

The Contractor shall inform the City Fire and Police Departments, Yolo Bus, Washington Unified School District, and Waste Management at least two (2) working days prior to the commencement of construction activities.

The Contractor shall not impair or impede refuse and recycling operations scheduled to be conducted within the project area. It is the Contractor's responsibility to determine which waste hauler and recycling operators are scheduled to operate within the project area and to develop a project schedule that will not impair or impede the waste hauler or recycling operations. The Contractor shall inform all residents not to leave yard waste on the street until the scheduled pick-up day. If the yard waste is left on the streets, it shall be the Contractor's responsibility to remove or arrange for proper removal of the items at no additional cost to the City. Likewise, if the waste hauler or recycling operations must return for pick-up due to Contractor activity, any additional charges shall be the responsibility of the Contractor.

Full compensation for notifications shall be considered as included in the contract lump sum price paid for Traffic Control System and the various contract items of work involved and no additional compensation will be allowed therefore. (b) Unless otherwise provided in the Contract Documents, all public traffic shall be permitted to pass through the Work with as little inconvenience and delay as possible. In order to expedite the passage of public traffic through or around the work, the Contractor shall install as appropriate signs, lights, flares, barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall provide and station competent flag persons whose sole duties shall consist of directing the movement of public traffic through or around the Work. The cost of furnishing and installing such signs, lights, flares, barricades, and other facilities, and the cost of providing and stationing such flag persons, all for the convenience and direction of public traffic, will be considered as included in the Contract price and no additional compensation will be allowed.

Attachment 3
297
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-43
(c) Spillage resulting from hauling operations along or across any publicly traveled way shall be removed immediately by the Contractor at its expense. (d) Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.
(e) Convenient access to driveways, houses and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. When the abutting property owner’s access across the right-of-way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.
(f) Water shall be supplied if ordered by the Engineer for the alleviation or prevention of dust nuisance as provided in the Contract Documents. Any water obtained from a fire hydrant within the City of West Sacramento shall be subject to a fire hydrant permit issued by the Engineering Division of the City of West Sacramento.

Air pollution control shall conform to the provisions in Section 14-9.02, "Air Pollution Control," of the State Standard Specifications.

Dust control shall conform to the provisions in Section 14-11.04, "Dust Control," of the State Standard Specifications and these Special Provisions.

All mud and debris shall be removed by regular sweeping and vacuuming in the construction area and along the materials hauling routes. All materials transported by truck shall be covered or wetted down. All inactive portions of exposed construction or staging site shall be watered with appropriate dust suppressant or covered. During periods of high winds when dust control measures are unable to avoid visible dust plumes, all earthmoving or other dust-producing activities shall be suspended. Sweeping activities shall conform to the provisions in Section 13-4.03F, “Sweeping,” of the State Standard Specifications.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.
(g) Flag persons and guards, while assigned to traffic control, shall perform their duties and shall be provided with the necessary equipment in accordance with the current “Instructions to Flagmen” of the California Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor at its expense. (h) All traffic control shall be in accordance with California Manual on Uniform Traffic Control Devices (California MUTCD), Part 6 and this Section. (1) Traffic Control Plans. Prior to starting work, the Contractor shall submit to the Engineer a proposed detailed Traffic Control Plan (TCP) for approval. The TCP shall include, but not limited to, signing, pavement markings, construction scheduling, temporary barricades, methods and devices for permanent and temporary delineation and channelization, placement and maintenance of devices, roadway lighting, traffic regulations, surveillance and inspection, and be in accordance with the State of California, Department of Transportation Standard Specifications 2018 and the California Manual on Uniform Traffic Controls Devices (California MUTCD- latest edition adopted) and this section. The TCP shall be submitted to the Engineer at least five (5) working days prior to the start of work to allow for an approved TCP a minimum of two (2) working days prior to the start of any work.

Attachment 3
298
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-44
Submittals: A TCP complete with diagrams and narrative shall be submitted by the Contractor and approved by the Engineer prior to the commencement of work.

All proposed street closures shall be clearly identified in the TCP and shall conform to the section “Traffic Control Devices and Procedures” and these Special Provisions. Construction area signs for street closure and detours shall be posted a minimum of five (5) days prior to the commencement of street closure. The Contractor shall maintain safe pedestrian traffic through the project limit at all times
(2) Traffic Control Devices and Procedures. Traffic control devices and procedures shall conform to the California Manual on Uniform Traffic Control Devices (California MUTCD), Part 6 and this Section. Non-compliance with any stipulation of this section will be justification for the City to stop work.

Construction area signs shall be furnished, installed, maintained, and removed when no longer required by the Contractor in accordance with the provisions in Section 12, "Temporary Traffic Control" of the State Standard Specifications and these Special Provisions.

The Contractor shall install all construction area signs as shown on the TCP within two (2) working days of issuance by the City of the Notice to Proceed for the Contract, unless otherwise approved by the Engineer.

The Contractor shall notify the appropriate regional notification center or operators of subsurface installations at least two (2) working days, but not more than fourteen (14) calendar days, prior to commencing any excavation of construction area sign posts.

Regional notification centers include but are not limited to the following:

Notification Center Telephone
Underground Service AlertNorthern California (USA)
1(800) 227-2600
All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes.

Utility denotations placed within project limits shall be removed prior to completion of work.

Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced plastic as specified under "Prequalified and Tested Signing and Delineation Materials" in Section 20.09 of Division IV of the City Standard Specifications.

Type IV retroreflective sheeting for sign panels for portable construction area signs shall conform to the requirements specified under "Prequalified and Tested Signing and Delineation Materials" in Section 20.09 of Division IV of the City Standard Specifications.

Full compensation for providing all of the labor, tools, equipment, materials and incidentals and for doing all the work involved in construction area signs shall be Attachment 3
299
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-45
considered as included in the contract lump sum price paid for “Traffic Control System” and no additional compensation will be allowed therefore.

Barricades shall be furnished, placed, and maintained at the locations designated by the Engineer, or as required by construction work shown on the plans and shall conform to the provisions in Section 12, “Temporary Traffic Control” of the State Standard Specifications and these Special Provisions.

Portable delineators shall be furnished, placed, and maintained at the locations designated by the Engineer, or as required by construction work shown on the plans and shall conform to the provisions in Section 12, “Temporary Traffic Control” of the State Standard Specifications and these Special Provisions.

Type II retroreflective sheeting for stripes on barricade rail faces shall conform to the requirements specified under “Prequalified and Tested Signing and Delineation Materials” in Section 20.09 of Division IV of the City Standard Specifications.

Construction area signs conforming to the requirements in Section 12-3, “Temporary Traffic Control Devices” of the State Standard Specifications shall be installed on barricades as directed by the Engineer at the locations or as required by construction work shown on the plans.

Full compensation for furnishing, installing, maintaining, and removing barricades and portable delineators, and mounting and removing construction area signs on barricades shall be considered as included in the contract lump sum price paid for “Traffic Control System” and no additional compensation will be allowed therefore.

Traffic Cones shall conform to the provisions in Section 12-3.02, “Traffic Cones,” of the State Standard Specifications.

The type of reflective cone sleeves used shall be at the option of the Contractor.

However, only one type of reflective cone sleeve shall be used on the project.

Lane closures shall conform to the provisions in Section 5.12(h)(4) below.

Work shall not commence at any given location until warning signs, appropriate traffic control devices and flaggers, if required, are in proper position and approved by the Engineer. All signs shall be reflectorized and be visible and legible for a distance of three hundred (300) feet at night. Flaggers shall be stationed at cross streets where necessary.

The Contractor’s failure to comply with the above requirements will be sufficient cause for the Engineer to immediately suspend work until compliance is achieved.

Personal vehicles of the Contractor’s employees shall not be parked in the traveled way including any section closed to public traffic.

Flaggers are mandatory at locations where equipment is intermittently blocking a traffic lane, or where only one lane is available for two-direction traffic. One flagger is required for each direction of traffic affected where only one lane is available or when required by the Engineer. When less than 20 feet of street width is available for two-directional traffic, one lane control shall be imposed with appropriate flaggers. Flaggers shall wear approved distinctive clothing. Flaggers shall be provided with the necessary equipment Attachment 3
300
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-46
in accordance with the current “Instructions to Flaggers” of the California Department of Transportation.

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

The flag tree shall be placed where directed by the Engineer.

The Contractor shall be solely responsible for traffic control, and non-compliance with any stipulation of this section will be justification for the City to stop work. (3) Elimination of On-Street Parking. The Contractor shall place notification for the elimination of on-street parking, if required, at least forty-eight (48) hours, but not more than seventy-two (72) hours prior to the start of work. The notification shall include the Contractor’s phone number, the City of West Sacramento Community Development Department phone number (916) 617-4645, and the phrase “VEHICLES WILL BE TOWED PURSUANT TO CVC SECTION 22651 (L)”. This notice shall be affixed to a Type II barricade that is placed in the lane of the road (max. 200 ft. spacing) used for on-street parking. No other location or method of placement is acceptable. The notification shall be in a form approved by the Engineer. Non-compliance with any stipulation of this section will be justification for the City to stop work.

Submittals: Notice for the Elimination of On-Street Parking shall be submitted by the Contractor a minimum of five (5) days prior to the start of the notification period. The Engineer will approve the notice prior to the start of the notification period.

Full compensation for the elimination of on-street parking shall be considered as included in the contract lump sum price paid for “Traffic Control System” and no additional compensation will be allowed therefore.
(4) Lane Closures. All lane closures shall be included in the Traffic Control Plans, and shall be approved by the Engineer. Total road closures will not be allowed for the Project without approval from the Engineer.

Traffic Control System shall include closing of traffic lanes in accordance with construction work shown on the plans, the provisions of Section 12, “Temporary Traffic Control,” of the State Standard Specifications, and these Contract Provisions.

The provisions in this section will not relieve the Contractor from the responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7 1.04, “Public Safety,” of the State Standard Specifications or as directed by the Engineer.

Each vehicle used to place, maintain and remove components of a traffic control system on multilane highways shall be equipped with a Type II flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining, or removing the Attachment 3
301
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-47
components. Vehicles equipped with Type II flashing arrow sign not involved in placing, maintaining, or removing the components when operated within a stationary type lane closure shall only display the caution display mode. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion. The flashing arrow sign shall not be used on the vehicles which are doing the placing, maintaining, and removing, of components of a traffic control system, and shall be in place before a lane closure requiring its use is completed.

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

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

Full compensation for providing the lane closures for construction work shown on the plans (including signs) shall be considered as included in the contract lump sum price paid for “Traffic Control System” and no additional compensation will be allowed therefore.

The provisions in Section 12 “Temporary Traffic Control” of the State Standard Specifications shall apply to this contract.

TRAFFIC CONTROL PLAN
Prepare and submit a Traffic Control Plan for review and approval of the Engineer. Comply with the requirements of the California MUTCD. Site specific plans will be required for all activities of work.

Provide flashing arrow signs in advance of all lane closure or lane changes. Contractor shall bear the cost of all flaggers.

PORTABLE CHANGEABLE MESSAGE SIGNS
Place the portable changeable message sign (CMS) in advance of the first warning sign for each lane or shoulder closure. The CMS shall be installed and activated at least 14 calendar days in advance of the start of any construction work.

Placement of CMS boards will be in accordance with the requirements of the TCP and as directed by the City Engineer. A minimum of (2) CMS boards will be required for the duration of the work. Maintain and place CMS in place for duration of the work. City will provide message language. Message language will be modified as directed by the Engineer during the course of work.

STREET CLOSURES
Limit work that interferes with traffic to the hours allowed by the City below:.

The Contractor shall limit his work to between the following work hours:

STANDARD WORK HOURS:

Attachment 3
302
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-48
The Contractor is required to limit their work within City right-of-way to between the hours of 7:00 a.m. and 5:00 p.m. and on private property between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday. No work shall be allowed outside of these hours or on Saturdays or Sundays without prior written approval of the Engineer. The hours and days of work may be altered, by the Engineer, to accommodate the efficient movement of traffic, or to minimize the interruption of utility services, without any additional compensation to the Contractor.

Jefferson Boulevard: Hours of work involving lane closures and signal flashes will be required between the hours of 10:00 p.m. and 4:00 a.m. unless otherwise approved by the City Engineer.

Harbor Boulevard: Hours of work involving lane closures and signal flashes will be required between the hours of 10:00 p.m. and 4:00 a.m. unless otherwise approved by the City Engineer.

Lake Washington Boulevard: Hours of work involving lane closures and signal flashes will be required between the hours of 10:00 p.m. and 4:00 a.m. unless otherwise approved by the City Engineer.

Sacramento Avenue: Hours of work involving lane closures and signal flashes will be required between the hours of 10:00 p.m. and 4:00 a.m. unless otherwise approved by the City Engineer. a) STREET CLOSURES
For each street closure, the Contractor shall submit detailed drawings showing placement of delineators, barricades, construction signing, flagmen, etc. and shall cite the reasons for each closure and the duration of each closure. Side streets closures will not be allowed at consecutive intersections without approval from the City Engineer.

Street segments are to remain open to the public until immediately (15 minute max) before material is to be placed. Up to two (2) hours before work is to begin, the contractor is allowed to place the “Road Closed” signage and closure cones at the beginning and end of the segments, in a way to allow public use until the time of actual closure.

All temporary road closed signs and barricades shall be collected at the end of each work day. Failure to remove barricades, cones, and other traffic control devices will result in an administrative deduction of one (1) contract working day for each day failure occurs.

In the event that the City Traffic Engineer allows an overnight street closure, and/or work during the hours of darkness, flashing arrow boards, or high intensity reflectorized signs, or equivalent, and reflectorized delineators, shall be in place in accordance with the latest editions of the CAMUTCD.

Maximum closure period shall be 1 work day each for FDR and HMA paving unless otherwise approved by the City Engineer.

If the street closure exceeds the approved number of calendar days, the City will deduct from any amount due the contractor an administrative deduction of $500.00 and one (1) contract day for each and every day of additional closure. The only exception will be unforeseen conditions/events beyond the control of the contractor that adversely affect the schedule.

Attachment 3
303
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-49
b) PEDESTRIAN & DRIVEWAY ACCESS
Pedestrian access shall be provided at all intersections, businesses and other locations as directed by the Engineer. Pedestrian access shall be a minimum of 48 inches wide.

Contractor shall submit proposals for all temporary walkways to the Engineer for approval.

During street or lane closures, businesses and residences along the street shall be provided a pedestrian passage as far as is practical. Convenient pedestrian access to driveways, houses and buildings along the street shall be maintained. The maximum distance that a resident must walk to a legal parking area during construction operations shall be 1,000 feet. Vehicular access to any business and/or residence shall only be blocked once during each phase of the paving process.

ADA ramps shall be reopened to pedestrian traffic no more than five (5) days after taken out of service. It is the Contractor’s responsibility to provide accessibility for pedestrians and shall be included as incidental to other items of work in the contract.

If work activities require the closure of a pedestrian route submit a work plan for a temporary pedestrian access route. The work plan must include:

1. Describe the activities, processes, equipment, and materials that will be used to provide the temporary access route.

2. Show the locations of the routes and the placement of traffic control devices for each stage of work.

3. Include a time-scaled logic diagram displaying the sequence and duration of the planned activities for each stage of work.

4. Be sealed and signed by an engineer who is registered as a civil engineer in the State Submit “Temporary Pedestrian Access Route Contractor Compliance Report,” within 2 business days after construction of a temporary pedestrian access route.

Submit “Temporary Pedestrian Access Route Contractor Weekly Report,” within 2 business days of completing a weekly inspection.

Temporary Pedestrian Access Route shall include the following:

The walkway surface must be slip resistant and surfaced with minor HMA or commercialquality, bituminous material, commercial-quality concrete, or wood.

A handrail with a circular cross section must have an outer diameter from 1-1/4 to 2 inches.

A handrail with a noncircular cross section must have a perimeter from 4 to 6-1/4 inches and a maximum cross-section dimension of 2-1/4 inches.

Fasteners must be rounded to prevent injury to a pedestrian's fingers, hands, and arms and to eliminate sharp edges that could catch on clothing.

A detectable warning surface must be on the Authorized Material List for detectable warning surfaces and match yellow color no. 33538 of FED-STD-595.

Temporary traffic control devices used to channelize pedestrians must:

1. Be free of sharp or rough edges

2. Have a continuous detectable edging at least 6 inches high and at no more than 2 inches above the walkway surface

3. Be at least 32 inches in height

4. Have smooth connection points between devices to allow for a handrail

5. Have a top and bottom surface in the same vertical plane Attachment 3
304
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-50
Notify the Engineer 5 business days before closing an existing pedestrian route. Do not close the route until authorized.

If work activities require the closure of a pedestrian route provide a temporary pedestrian access route near the traveled way. You may route pedestrians using the existing sidewalk or by constructing a temporary access route.

Construct a temporary pedestrian access route such that:

1. Walkway surface is firm and stable and free of irregularities

2. Cross slope of the pedestrian route is at most 50:1 (horizontal:vertical)

3. Longitudinal slope of the pedestrian route is at most 20:1 (horizontal:vertical)

4. Walkway, landings, blended transitions, and curb ramps are at least 60 inches wide except where not feasible, the width must be at least 48 inches wide with a 60-by-60- inch passing space at least every 200 feet

5. Lateral joints or gaps between surfaces are less than 1/2 inch wide

6. Discontinuities in surface heights are less than 1/2 inch and beveled if greater than 1/4 inch with a slope no greater than 2:1 (horizontal:vertical)

7. Ramps have:

7.1. Longitudinal slope of at most 12:1 (horizontal:vertical)

7.2. Rise less than 30 inches

7.3. Protective edging at least 2 inches high on each side and handrails at a height from 34 to 38 inches above the walkway surface if the rise is greater than 6 inches

8. Curb ramps have:

8.1. Longitudinal slope of at most 12:1 (horizontal:vertical)

8.2. Protective edging at least 2 inches high on each side if the curb ramp does not have flares and the rise is greater than 6 inches

9. Pedestrians are channelized when routed off existing pedestrian routes Construct handrails such that they are continuous, smooth and free of sharp or rough edges.

Provide an overhead covering to protect pedestrians from falling objects and drippings from overhead structures.

If the temporary access route is next to traffic or work activities, place a temporary barrier to separate the route from vehicles and equipment.

Install a detectable warning surface at locations where a curb ramp, landing, or blended transition connects to a street. Install the warning surface such that it extends a minimum of 36 inches in the direction of travel and for the full width of the landing, blended transition, or curb ramp, excluding the flares.

Maintain the temporary pedestrian access route clear of obstructions. Do not allow traffic control devices, equipment, or construction materials to protrude into the walkway. Maintain a continuous unobstructed path connecting all pedestrian routes, parking lots, and bus stops located within the project limits.

Remove the temporary pedestrian access route when the Engineer determines it is no longer needed.
c) LANE CLOSURES
Lane closures for work and paving shall maintain one lane at all times and only between the hours of 9:00 a.m. and 3:00 p.m. unless approved by the City Engineer.

Attachment 3
305
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-51
Maximum continuous lane closure period shall be 10 work days.

If the lane closure exceeds 14 calendar days, then the contractor shall pay the city the amount of $2,000.00 per day for each and every day of additional closure. The only exception will be unforeseen conditions or events beyond the control of the contractor that adversely affect the schedule.
d) ALTERNATE PROPOSALS
The Engineer will consider proposals that reduce the overall traffic impact while meeting the project quality requirements without any increase in contract costs. These proposals may include suggestions to work longer hours or on weekends or at night provided that the lane closures are significantly reduced in duration.
(5) Measurement and Payment. Unless specifically shown as an item of work on the proposal form, all traffic control shall be considered included in other items of work and no additional compensation will be made for labor, materials or equipment needed.

5.13. CONTINUOUS OPERABILITY OF FACILITIES
Absent written permission by the Engineer, the continuous operation of all existing facilities is required and shall in no way be affected by the Work.

5.14. SAFETY
(a) General
(1) The Contractor shall be solely and completely responsible for the conditions of the job Site, including safety of all persons and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours.

Safety provisions shall conform to all applicable federal, state, and local laws, ordinances, and codes, and to the rules and regulations established by the California Division of Industrial Safety, and to other rules of law applicable to the Work. (2) The services of the Engineer in conducting construction review of the Contractor’s performance is not intended to include review of the adequacy of the Contractor’s work methods, equipment, bracing or scaffolding or safety measures, in, on, or near the construction site, and shall not be construed as supervision of the actual construction nor make the Engineer or the City responsible for providing a safe place for the performance of work by the Contractor, Subcontractors, or suppliers; or for access, visits, use work, travel or occupancy by any person.
(3) The Contractor shall carefully instruct all personnel working in potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instruction as is necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to electrical work, work involving excavation and in sump pump work.
(4) All work and materials shall be in strict accordance with all applicable State, Federal and local laws, rules, regulations, and codes. (5) Nothing in this Contract is to be construed to permit work not conforming to governing law. When Contract Documents differ from governing law, the Contractor shall Attachment 3
306
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-52
furnish and install the higher standards called for without extra charge. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where vapor-tight or explosion-proof electrical installation is required by law, this shall be provided. (6) The Contractor shall submit a safety plan and/or narrative description to the Engineer prior to commencement of the Work. This safety plan and/or narrative description shall describe all first aid, safety clothing, etc. to be used at the Project Site. (7) The Contractor shall submit a health and safety plan to the Engineer prior to commencement of the work. This health and safety plan shall describe all first aid, safety clothing, etc. to be used at the Project Site. The health and safety plan shall also include measures to control work exposure to soil and measures to control airborne dust, prevent toxic ingestion, and control runoff.

Submittals: The Contractor shall provide a Health and Safety Plan prior to start of construction
(b) Shoring and Trench Safety Plan
(1) Attention is directed to Section 832 of the Civil Code of the State of California relating to lateral and subjacent support, and the Contractor shall comply with this law.
(2) In accordance with Section 6705 of the State Labor Code, the Contractor shall submit to the City specific plans to show details of provisions for worker protection from caving ground. Not less than thirty (30) days before beginning excavation for any trench or trenches five feet or more in depth required under this Contract, the Contractor shall furnish to the Engineer Working Drawings of its trench safety plan. The trench safety plan Working Drawings shall be detailed plans showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground. If such plan varies from the shoring system standards established by the Construction Safety Orders of the California Division of Industrial Safety or the Federal Safety and Health Regulations for Construction of the Occupational Safety and Health Administration, Department of Labor, the plan shall be prepared by a registered civil or structural engineer. In no event shall the Contractor use a shoring, sloping, or protective system less effective than that required by said Construction Safety Orders, or less effective than that required by said Federal Safety Standards. Submission of this plan in no way relieves the Contractor from the requirement to maintain safety in all operations performed by the Contractor or its Subcontractors.

5.15. BLASTING
Except for exceptional circumstances, blasting shall be prohibited. Accordingly, Bids should be prepared on the basis that no blasting will be permitted. Should blasting be required and expressly approved by the City, the City will issue a Change Order for blasting work.

5.16. INTOXICATING LIQUORS AND NARCOTICS
The Contractor shall not sell, permit or suffer the introduction or use of intoxicating liquors or narcotics upon or about the Site.

Attachment 3
307
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-53

5.17. PROTECTION OF PERSONS AND PROPERTY
(a) The Contractor shall take whatever precautions are necessary to prevent damage to all existing improvements, including above ground and underground utilities, trees, shrubbery that is not specifically shown to be removed, fences, signs, mailboxes, survey markers and monuments, buildings, structures, the City’s property, adjacent property, and any other improvements or facilities within or adjacent to the work. If such improvements or property are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored, at the Contractor’s expense, to a condition at least as good as the condition they were in prior to the start of the Contractor’s operations.
(b) The Contractor shall adopt all practical means to minimize interference to traffic and public inconvenience, discomfort or damage. The Contractor shall protect against injury to any pipes, conduits or other structures crossing the trenching or encountered in the Work and shall be responsible for any injury done to such pipes or structures, or damage to property resulting therefrom. The Contractor shall support or replace any such structures without delay and without any additional compensation to the entire satisfaction of the Engineer. All obstructions to traffic shall be guarded by barriers illuminated at night. The Contractor shall be responsible for all damage to persons and property directly or indirectly caused by its operations and, under all circumstances, Contractor must comply with the laws and regulations of the State of California relative to safety of persons and property and the interruption of traffic and the convenience of the public within the respective jurisdictions. (c) The Contractor is cautioned that it must replace all improvements in rights-ofway and within the public streets to a condition at least equal to what existed prior to the Contractor’s entry onto the job.
(d) Type and time of construction required at any road subject to interference by the work will be determined by those authorities responsible for maintenance of said road. It shall be the responsibility of the Contractor to determine the nature and extent of all such requirements, including provision of temporary detours as required; however, the construction right-of-way obtained by the City at affected roadways will be adequate for provision of all required detours. As required at any road crossing, the Contractor shall provide all necessary flag persons, guardrails, barricades, signals, warning signs and lighting to provide for the safety of existing roads and detours. Immediately after the need for temporary detours ceases, or when directed, the Contractor shall remove such detours and perform all necessary cleanup work, including replacement of fences, and removal of pavement. Included shall be all necessary replacement of existing roadway appurtenances, grading work, soil stabilization and dust control measures, as required and directed.
(e) The Contractor shall examine all bridges, culverts, and other structures over which it will move its materials and equipment, and before using them, Contractor shall properly strengthen such structures where necessary. The Contractor shall be responsible for any and all injury or damage to such structures caused by reason of its operations.

5.18. RESPONSIBILITY FOR REPAIR OF FACILITIES
All public or private facilities, including but not limited to, gravel surfacing at existing canals, structures, telephone cables, roadways, curbs, gutters, parking lots, private drives, levees and embankments for creeks, ponds and reservoirs disturbed during construction of the work shall be repaired and/or replaced by the Contractor to match facilities existing prior to construction. In addition, the Contractor shall be responsible for any settlement damage to such facilities or adjoining areas for a period of one year after Acceptance of such required facilities.

Attachment 3
308
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-54
The Contractor shall be required to document all existing structures, facilities, frontages, and backyards including curb & gutter, sidewalk, driveways, fences, patios, walkways and landscaping on video and/or digital photos. The videotape will be used to determine damages caused by the Contractor’s construction operations that will be repaired at the Contractor’s cost.

It is to the Contractor’s advantage to have a detailed video of any existing damage so that its cause will not be disputed. Any damages to existing structures, facilities, frontages and backyards not clearly depicted in the video will be the responsibility of the Contractor to repair at his cost. A copy of said video tape shall be submitted to the City prior to the start of construction.

Submittals: The Contractor shall provide a Video and Digital Photos of Existing Improvements prior to start of construction.

5.19. CITY’S REPAIR
In the event the Contractor refuses or neglects to make good any loss or damage for which it is responsible under this Contract, the City may itself or by the employment of others, make good any such loss or damage, and the cost and expense of doing so, including any reasonable engineering, legal and other consultant fees, and any costs of administrative and managerial services, shall be charged to the Contractor. Such costs and expenses may be deducted by the City from claims for payment made by the Contractor for work completed or remaining to be completed.

5.20. ANTITRUST CLAIM ASSIGNMENT
In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this contract, the Contractor and all Subcontractors shall offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.

5.21. WAIVER OF RIGHT TO RESCIND FOR MATERIAL BREACH
The Contractor agrees that it can be adequately compensated by money damages for any breach of this Contract which may be committed by the City and hereby agrees that no default, act, or omission of the City or the Engineer, shall constitute a material breach of the Contract entitling the Contractor to cancel or rescind the provisions of this Contract or (unless the City shall so consent or direct in writing) to suspend or abandon performance of all or any part of the Work. The Contractor hereby waives any and all rights and remedies to which it might otherwise be or become entitled, save only its right to money damages.

5.22. CONTRACTOR’S LICENSE NOTICE

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO:

REGISTRAR CONTRACTORS’ STATE LICENSE BOARD
9821 BUSINESS PARK DRIVE
SACRAMENTO, CALIFORNIA 95827
Attachment 3
309
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-55
MAILING ADDRESS:

P.O. BOX 26000
SACRAMENTO, CALIFORNIA 95826

5.23. HISTORICAL, SCIENTIFIC AND ARCHEOLOGICAL DISCOVERIES All articles of historical or scientific value, including but not limited to coins, fossils, and articles of antiquity which may be uncovered by the Contractor during the progress of work, shall become City property. Such findings shall be reported immediately to the Engineer who will determine the method of removal, where necessary, and the final disposition thereof.

5.24. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or Subcontractors. The cost of such insurance shall be included in the Contractor’s bid.
(a) Neither the Contractor nor any Subcontractors shall commence any work until all required insurance has been obtained at their own expense. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A. M. Best’s rating of no less than A-VII.
(b) Any insurance bearing on adequacy of performance shall be maintained after completion of the project for the full guarantee period. (c) Prior to execution of the Contract, the Contractor shall furnish the City with original endorsements effecting coverage for all policies required by the Contract. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be on forms provided or approved by the City. The City may require the Contractor or any Subcontractor to furnish complete certified copies of all insurance policies affecting the coverage required by the Contract. (d) All of the Contractor’s policies shall contain an endorsement providing that written notice shall be given to the City at least sixty (60) calendar days prior to termination, cancellation, or reduction of coverage in the policy.
(e) Any policy or policies of insurance that the Contractor elects to carry as insurance against loss or damage to its construction equipment and tools shall include a provision therein providing a waiver of the insurer’s right to subrogation against the City and the Engineer.
(f) The requirements as to the types, limits, and the City’s approval of insurance coverage to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under the Contract. (g) In addition to any other remedy the City may have, if the Contractor or any of the Subcontractors fails to maintain the insurance coverage as required in this section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due the Contractor under this Contract.

Attachment 3
310
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-56
(h) The Contractor and all Subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by the Contractor and all Subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of the Contractor or any Subcontractor to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this contract. (1) Workers’ Compensation and Employer’s Liability Insurance (i) Workers’ Compensation
The Contractor and all Subcontractors shall maintain insurance to protect the Contractor or Subcontractor from all claims under Workers’ Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Workers’ Act. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable State and Federal statutes and regulations. The Contractor shall execute a certificate in compliance with Labor Code section 1861, on the form provided in the Contract Documents. Such insurance shall contain a provision providing a waiver of the insurer’s right to subrogation against the City. (ii) Claims Against City
If an injury occurs to any employee of the Contractor or any of the Subcontractors for which the employee or its dependents, in the event of its death, may be entitled to compensation from the City under the provisions of the said Acts, or for which compensation is claimed from the City, there will be retained out of the sums due the Contractor under this Contract, an amount sufficient to cover such compensation as fixed by said Acts, until such compensation is paid or it is determined that no compensation is due. If the City is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due, the Contractor.
(2) Commercial General and Automobile Liability Insurance The Contractor shall maintain in effect at all times during the performance of the work hereunder not less than the following coverage’s and limits of Commercial General and Automobile Liability insurance:
(i) Form and Amount
The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily injury, personal injury, or damage to property resulting from actions, failures to act, operations or equipment of the insured, or by its employees, agents or consultants, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per occurrence with an aggregate no less than two (2) times the required per occurrence limit applying to bodily injury, personal injury, and property damage, or any combination of the three. Any deductibles must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles as respects the entity, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration expenses, and defense expenses. The commercial general and automobile liability insurance coverage shall also include the following:
(ii) Additional Requirements
Attachment 3
311
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-57
Provision or endorsement naming the City, the Engineer and its consultants, and each of their officers, employees, and agents, each as additional insured’s with respect to any potential liability arising out of the performance of any work under the Contract, and providing that such insurance is primary insurance as respects the interest of the City and Engineer, and its consultants, and each of their officers, employees, and agents and that any other insurance, risk pool membership, or other liability protection maintained by the City or maintained by the Engineer is excess to the insurance required hereunder, and will not be called upon to contribute to any loss unless and until all limits available under the Contractor ‘s and Subcontractor’s insurance policy/policies have been paid. The additional insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
(iii) “Cross Liability” or “Severability of Interest” clause. (iv) Broad Form Property Damage, Personal Injury, Contractual Liability, Protective Liability, and Completed Operations coverage’s, and elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards.
(v) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract, including, without limitation, that set forth in Section 4.02, Indemnity and Litigation Costs.
(vi) Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, or volunteers. (vii) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(3) Builder’s Risk or Installation Floater “All-Risk” Insurance. Before commencement of the Work, the Contractor shall submit written evidence that it has obtained for the period of the Contract, Builder’s Risk “All-Risk” Completed Value Insurance and/or Inland Marine “All-Risk” Installation Floater Insurance, as may be applicable, upon the entire project which is the subject of this Contract, including completed work and work in progress. The policy or policies of insurance shall name the Contractor, City as insured’s as their respective interests may appear, and shall include an insurer’s waiver of subrogation rights in favor of the City. Such insurance may have a deductible clause, but the amount of the deductible shall be subject to the approval of the City, except that the deductible on earthquake coverage may be in accordance with the underwriter’s requirements.

5.25. INDEMNITY AND LITIGATION COST
(a) Promptly upon execution of the Contract, the Contractor specifically obligates itself and hereby agrees to protect, hold free and harmless, defend and indemnify the City, the Engineer and its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, which arise out of or are in any way connected with the Contractor’s, or its Subcontractors’ or suppliers’, performance of work under this Contract or failure to comply Attachment 3
312
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-58
with any of the obligations contained in the Contract. This indemnity shall imply no reciprocal right of the Contractor in any action on the contract pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Contractor shall apply to any and all acts or omissions, whether active or passive, on the part of the Contractor or its agents, employees, representatives, or Subcontractor’s agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the City. The Contractor’s obligations under this Section shall apply to claims arising from the Contractor’s mistake, error, or neglect in preparing its Bid for this project. The Contractor’s obligations under this Section shall apply to claims arising from the Contractor’s mistake, error, or neglect in preparing its Bid for this project.
(b) In any and all claims against the City, the Engineer and each of their consultants, officers, employees and agents by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this section shall not be limited in way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workers’ Compensation statutes, disability benefit statutes or other employee benefit statutes.

5.26. PROTECTION OF WORK
(a) The Contractor shall be responsible for the care of all the Work until its completion and final acceptance. The Contractor shall, at its own expense, replace damaged or lost material and repair damaged parts of the Work or the same may be done at the Contractor’s expense by the City and the Contractor and its sureties shall be liable therefor. The Contractor shall make its own provisions for properly storing and protecting all material and equipment against theft, injury, or damage from any and all causes. Damaged material and equipment shall not be used in the Work. The Contractor shall take all risks from floods and casualties except as provided by law, and shall make no charge for the restoration of such portions of the work as may be destroyed or damaged by flood or other casualties or because of danger from flood or other casualties or for delays from such causes. The Contractor may, however, be allowed a reasonable extension of time on account of such delays, subject to the conditions herein before specified. The Contractor shall not be responsible for the cost, in excess of 5% of the contracted amount, of repairing or restoring damage to the Work, if the damage was proximately caused by an earthquake in excess of a magnitude of 3.5 on the Richter Scale or by tidal wave’ s; provided that the Work damaged was built in accordance with accepted and applicable building standards, and the plans and specifications of the City. (b) Contractor shall effectively secure and protect adjacent property and structures, livestock, crops and other vegetation. If applicable, the Contractor shall open fences on or crossing the right-of-way and install temporary gates of sound construction thereon so as to prevent the escape of livestock. Adjacent fence posts shall be adequately braced to prevent the sagging or slackening of the wire. Before such fences are opened, the Contractor shall notify the owner or tenant of the property and, where practicable, the opening of the fence shall be in accordance with the wishes of said owner or tenant. The Contractor shall be responsible that no loss or inconvenience shall accrue to the owner or tenant by virtue of their fences having been opened or the gate not having been either shut or attended at all times. Where special types of fences are encountered, the Contractor shall install temporary gates made of similar materials and of suitable quality to serve the purposes of the original fences. In all cases where the Contractor removes fences to obtain workroom, the Contractor shall provide and install Attachment 3
313
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-59
temporary fencing as required, and on completion of construction shall restore the original fence to the satisfaction of the Engineer. All costs of providing, maintaining and restoring gates and fencing shall be home by the Contractor. The Contractor shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions.
(c) The Contractor shall use extreme care during construction to prevent damage from dust to crops and adjacent property. The Contractor, at its own expense, shall provide adequate dust control for the right-of-way and take other preventative measures as directed by the Engineer.
(d) The Contractor shall be responsible for all damage to any property resulting from trespass by the Contractor or its employees in the course of their employment, whether such trespass was committed with or without the consent or knowledge of the Contractor. (e) The Contractor shall see that the Site is kept drained and free of all ground water and any other water, which may impede the progress or execution of the Work. (f) The Contractor shall be responsible for any damage caused by drainage or water runoff from construction areas and from construction plant areas. (g) In an emergency affecting the safety of life, the Work, or adjoining property, the Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act at its discretion to prevent such threatened loss or injury, and the Contractor shall so act without appeal if so instructed or authorized. Any compensation claimed by the Contractor on account of emergency work shall be determined as specified In Section 2.09. Should the Engineer deem an emergency condition to exist, the Contractor shall immediately do those things and take those steps ordered by the Engineer. The decision of the Engineer in this respect shall be final and conclusive. Any claims for compensation made by the Contractor on account of emergency work shall be determined as specified in Section 2.09. (h) Except as provided by Government Code section 4215, the Contractor shall be responsible for the removal, relocation and protection of all public and private utilities, including irrigation facilities in the nature of utilities, located on the site of the construction project if and to the extent that the same are identified in the Contract Documents, and the Contractor shall not be entitled to any extension of time or claim for damages for extra compensation in connection therewith. If and to the extent that such utilities or facilities are not identified in the Contract Documents, as between the Contractor and the City, the City will be responsible for the cost of their removal, relocation or protection, as the case may be, but the Contractor shall perform any such work in conformance with applicable provisions of Sections 2.06 and 2.09, if so directed by the Engineer. In such situations the Contractor shall not be responsible for delay in completion of the project caused by the failure of the City or the owner of the utility to provide for such removal or relocation. If the Contractor, while performing the Contract, discovers utility or irrigation facilities not identified by the City in the Contract Documents, the Contractor shall immediately notify the Engineer in writing.
(i) Subject to the provisions of this section, where the Work to be performed under the Contract crosses or otherwise interferes with existing streams, watercourses, canals, farm ditches, pipelines, drainage channels, or water supplies, the Contractor shall provide for such watercourse or pipelines and shall perform such construction during the progress of the Work so that no damage will result to either public or private interests, and the Contractor shall be liable for all damage that may result from failure to so provide during the progress of the Work.

Attachment 3
314
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-60

5.27. ACCIDENTS
(a) The Contractor shall provide and maintain, in accordance with Labor Code section 6708 and OSHA requirements, adequate emergency first-aid treatment for its employees and anyone else who may be injured in connection with the Work. (b) The Contractor shall promptly report in writing to the Engineer all accidents whatsoever arising out of or in connection with, the performance of the Work, whether on or adjacent to the site, which caused death, personal injury, or property damage, giving full details and statements of witnesses. In addition, if death or serious injury or serious damage are caused, the accident shall be reported immediately by telephone or messenger to the City and the Engineer.
(c) If any claim is made by anyone against the Contractor or any Subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim.

5.28. NO PERSONAL LIABILITY
Neither the City, the Engineer, nor any of their other officers, agents, or employees shall be personally responsible for any liability arising under the Contract, except such obligations as are specifically set forth herein.

5.29. FEDERAL LAWS FOR FEDERAL-AID PROJECTS
See Part 2, “Federal Provisions.”
.

Attachment 3
315
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-61
SECTION 6

PROGRESS AND COMPLETION OF WORK

6.01. PROGRESS SCHEDULE
The Contractor shall submit within ten (10) days after execution of the Contract a detailed work schedule(s) which shall detail the actions of the Contractor and Subcontractors working at the Site. This schedule(s) shall both show the dates at which the Contractor will start and complete and conform to the completion time specified in the Contract. The controlling operation, defined as the least float path, if any, shall be identified.

The Contractor shall review, revise and resubmit the progress schedule at least once a month to reflect progress. In any event, Contractor shall submit, at any time during the contract period, a current schedule to the Engineer at the Engineer’s request.

No progress payments will be made for any work performed until a satisfactory schedule has been submitted and approved by the Engineer. An updated schedule shall be required from the Contractor if the project falls ten (10) working days behind schedule.

If the Work falls five (5) days behind the accepted schedule, the Contractor shall promptly take whatever actions are necessary to put the project back on schedule. For delays or portions of delays for which the Contractor is responsible, no payment will be made or time extension allowed for increase in work force, equipment, and working hours needed to put the project on schedule.

6.02. COMMENCEMENT AND PROGRESS OF THE WORK AND TIME OF COMPLETION (a) Commencement
The Contractor shall begin the Work after receiving a Notice to Proceed within the period of time set forth in the Contract Provisions. Thereafter, Contractor shall diligently prosecute the Work to completion as specified in the Contract Documents. The Engineer shall have the right to specify the locations where Contractor shall start and proceed with the Work.

A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates and signed agreement in proper form as required in the invitation to bid, Bid proposal and general conditions of these specifications. Prior to any work, the Contractor shall provide the Engineer with a list of key personnel assigned to the project and the telephone numbers where they may be reached at any time. The list shall be made available in sufficient copies and presented at the preconstruction conference.

Notwithstanding any other provisions of the Contract, the City shall not be obligated to accept or pay for any work furnished by the Contractor prior to the issuance of the Notice to Proceed whether or not the City has knowledge of the furnishing of such work. The Contractor shall not commence with work on this project until its Contract bonds and evidence of insurance comply with all Contract requirements and a Notice to Proceed has been issued.

The Contractor shall notify the Engineer in writing two (2) working days (48 hours) prior to commencement of work on the Project or scheduling work for a Saturday, Sunday, or City Holiday. Failure to provide said notification will void the City’s obligation to provide inspection.

Any work done in the absence of the City’s Inspector shall be subject to rejection.

Attachment 3
316
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-62
(b) Completion
All work under this Contract shall be completed within the period of time set forth in the Contract Provisions. The Contract shall be deemed completed when the Engineer has certified the completion of the Project as provided in Section 9.07 of these General Conditions.

6.03. SUSPENSION OF WORK
(a) The Engineer may at any time, by notice in writing to the Contractor, suspend any part of the Work for such period of time as may be necessary to prevent improper execution of the Work on the project by the Contractor, its Subcontractors or agents, and the Contractor shall have no claim for damages or additional compensation on account of any such suspension.
(b) The City may at any time suspend any part or all of the Work upon ten (10) days written notice to the Contractor, who shall thereupon discontinue all work suspended except for all operations to prevent loss or damage to work already executed as may be directed by the Engineer. Work shall be resumed by the Contractor after such suspension on written notice from the City.
(c) In the event of any suspension of the Work in whole or in part under subsection (B) above, the Contractor shall be entitled to an extension of time wherein to complete the Work to the extent of the delay caused to the Contractor thereby. (d) In the event the entire work shall be suspended by order of the City, as herein above provided, and shall remain so suspended for a period of sixty (60) consecutive days, through no fault of the Contractor, and notice to resume the Work shall not have been served on the Contractor as herein above provided, Contractor may, at its option, by written notice to the City, terminate the Contract in the same manner as if the termination had been initiated by the City, and the City shall have no claim for damages because of such termination of the Contract.

6.04. DELAY IN THE WORK – TIME EXTENSIONS
The Contractor shall at all times employ such force, plant, materials, and tools as will be sufficient, in the opinion of the Engineer, to prosecute the Work at not less than the rates fixed under the terms of the Contract and to complete the Work thereof within the time limits fixed therein. If the Contractor refuses or fails to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or fails to complete said work within such time, the City may exercise the termination provisions set forth in Section 6.05, below. (a) Excusable Delays. Excusable delays shall be delays in the controlling operation of the Contractor’s work due to strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties, adverse weather conditions which could not have been reasonably anticipated, or any other act(s) of God beyond the Contractor’s control, or by delay authorized by the City, or by any cause which the City shall decide to justify the delay. Except as provided in Section 6.04(f), below, in the event of an excusable delay, the time of completion shall be extended for such reasonable time as the City may decide. The Contractor’s right to an extension of time for an excusable delay is expressly subject to Contractor’s giving written notice of such claim within ten (10) days following the date the Contractor knew or should have known of the delay. Failure to give such notice shall be construed as a waiver of such right. It is understood and agreed that extensions of time shall be the Contractor’s sole and exclusive remedy for excusable delays.

Attachment 3
317
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-63
(b) Compensable delays. Compensable delays shall be delays in the controlling operating of the Contractor’s work due to acts or neglect of the City, its employees or those under it by contract or otherwise, or by changes ordered in the work. In the event of a compensable delay, the time of completion shall be extended for such reasonable time as the City may decide. In addition, the Contractor may recover its direct costs as provided in Section

6.05. The Contractor’s remedies for compensable delays are expressly subject to Contractor’s giving ten (10) days written notice of such claim from the date the Contractor knew or should have known of the delay. It is understood and agreed that the Contractor’s sole and exclusive remedies for compensable delays shall be an extension of the time and recovery of its direct costs as compensable hereunder, but only in accordance with the provisions of the Contract Documents.
(c) Contractor and City understand and agree that the Contract time for the completion of this project is a very important part of the contract. Extensions of time will only be granted as provided above when events actually cause the Contractor to be delayed in the performance of that schedule activity which is the controlling operation as of the time of the delay. When acts or omissions occur which could cause delay, Contractor will take all reasonable means in order to be able to continue to work as scheduled without any delay, or as short a delay as possible. Additionally, if inclement weather causes accumulation of standing water on the work site or other conditions which might cause delay, Contractor shall take all measures reasonably necessary to permit work to continue as quickly as possible. (d) If adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by date substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. Adverse weather conditions shall be considered only as those conditions that exceed the average annual number of rain days and rain quantities as established by the Annual Local Climatological Summary and NOAA National Technical Memorandum NWS WR-65 (Revised) as published by the United States Government, National Weather Service, National Climate Center, Asheville, North Carolina. (e) The Engineer shall be responsible for determining when adverse weather conditions result in non-workable days. It shall be the Contractor’s duty to stay informed of such determinations by the Engineer. The Contractor may object to such adverse weather determinations by filing with the Engineer a written notice of objection. The notice of objection shall state the basis of the objection and provide supporting documentation, which substantiates that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. All such notices of objection shall be filed within three (3) days of the day in dispute. It is hereby agreed that the Contractor’s failure to submit a written notice of objection within three (3) days of the Engineer’s adverse weather determination shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise. (f) The Engineer will, within a reasonable period of time, issue a ruling on the Contractor’s notice of objection. All such rulings by the Engineer shall be final, unless the Contractor files a written protest within fifteen (15) days of the Engineer’s ruling. This protest shall clearly state the basis of the dispute. Such protest will be forwarded promptly to the City, which will issue a decision on each such protest. The City decision will be final. Pending the City decision, the Contractor shall proceed with its work in accordance with the Engineer’s ruling and/or instructions. It is hereby agreed that the Contractor’s failure to file a protest within fifteen days (15) of the Engineer’s ruling shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise.

Attachment 3
318
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-64
(g) The number of days that are anticipated to be non-workable due to adverse weather conditions shall be as set forth in Section 4.0 of the Special Conditions. Days deemed non-workable by the Engineer in excess of such anticipated number shall be considered excusable delays.
(h) Unexcused delays shall be delays in the Contractor’s work due to acts or neglect of the Contractor, its employees, Subcontractors or those under it by contract or otherwise. In the event of an unexcused delay, the Contractor expressly agrees that it shall not be entitled to either an extension of time or recovery of its costs.
(i) A request for an extension of time, or the granting of an extension of time, shall not constitute a basis for any claim against the City for additional compensation or damages unless caused by the City or another Contractor employed by the City.

6.05. DAMAGES FOR DELAY
In the event of compensable delay, the City shall only be liable for idle equipment, idle workers and the necessary costs of transporting equipment. The City shall be liable to the extent that the compensable delay is concurrent with excusable delays or Contractor caused delays to the controlling operation. The allowable costs shall be as for force account work under Section 2.04 with the following exceptions:
(a) The Delay Factor in the Labor Surcharge and Equipment Rental Rules applies to each equipment rental rate;
(b) The daily number of payable hours shall equal the normal working hours during the delay, not to exceed eight (8) hours per day; and
(c) No markups will be added.

6.06. TERMINATION FOR CONVENIENCE
If at any time before completion of the Work, the City determines that it is either impossible or against the interests of the City to complete the Work, or if the Work is stopped by an injunction of a court of competent jurisdiction or by order of any competent authority, the City may, upon ten (10) days written notice to the Contractor, discontinue the Work and terminate the Contract. Upon service of such notice of termination, the Contractor shall discontinue the Work in such manner, sequence, and at such times as described below. The Contractor shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the Work thus dispensed with, nor any other actually performed up to the time of discontinuance, including any Extra Work ordered by the Engineer to be done, nor for any claim for liquidated damages.

Termination of the Contract for convenience and the total compensation payable to the Contractor in the event of termination shall be governed by the following:
(a) The Engineer will issue the Contractor a written notice signed by the Engineer, specifying that the Contract is to be terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the Engineer, the Contractor shall:
(1) Stop all Work under the Contract except that specifically directed to be completed prior to Acceptance.

Attachment 3
319
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-65
(2) Perform Work the Engineer deems necessary to secure the project for termination.
(3) Remove equipment from the site of the Work.
(4) Take such action as is necessary to protect materials from damage. (5) Notify all Subcontractors and suppliers that the Contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer.
(6) Provide the Engineer with an inventory list of all material previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of material not yet used in the Work as directed by the Engineer.

It shall be the Contractor’s responsibility to provide the City with good title to all materials purchased by the City hereunder, including material for which partial payment has been made and with bills of sale or other documents of title for such materials.
(8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for material terminated hereunder.

To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Contract.
(10) Take such other actions as the Engineer may direct. (b) Termination of the Contract shall not relieve the Contractor of responsibility for damage to materials except as follows:
(1) The Contractor’s responsibility for damage to materials for which partial payment has been made and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations he or she has directed.
(2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the Contract directed to be completed prior to termination and such other Work as may have been ordered to secure the project for termination, he or she will recommend that the Engineer formally accept the Contract, and immediately upon and after such Acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of his or her Contractual responsibilities for injury to persons or damage to property which occurs after the formal Acceptance of the project by the Engineer.

Attachment 3
320
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-66
(c) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following:
(1) The reasonable cost to the Contractor, without profit, for all Work performed under the Contract, including mobilization, demobilization and Work done to secure the project for termination. Reasonable cost will include a reasonable allowance for project Overhead and general administrative Overhead not to exceed a total of seven (7%) percent of Direct Costs of such Work.
(2) A reasonable allowance for profit on the cost of the Work performed as determined under Section 2.04(a) above, provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that he or she would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed four (4%) percent of said cost.
(3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the Contract.

All records of the Contractor and the Subcontractors, necessary to determine compensation in accordance with this section shall be open to inspection or audit by representatives of the City at all times after issuance of the notice that the Contract is to be terminated and for a period of three (3) years, and such records shall be retained for that period.

After Termination of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Statement, when in his or her opinion the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled.

All payments, including payment upon the Final Statement, shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.
(d) The provisions of this section shall be included in all subcontracts.

6.07. TERMINATION FOR DEFAULT
(a) In the event of any default by the Contractor as described below, the City may, after giving ten (10) days’ written notice to the Contractor, terminate the Contractor’s right to proceed with the Work or any part of the Work in the City’s sole discretion. Events of default include:
(1) Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time. (2) Filing of bankruptcy by the Contractor, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Contractor’s insolvency without discharge of the receiver within ten (10) days after its appointment.
(3) Failure to make prompt payments to Subcontractors or suppliers.

Attachment 3
321
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-67
(4) Persistent disregard of laws, ordinances, or the instructions of the Engineer, or other substantial violation of any provision of the Contract. (b) In the event the right of the Contractor to proceed with the Work, or any portion thereof, has been terminated because of the default of the Contractor and the Contractor has been given ten (10) days’ notice to cure such fault and has not done so, the City may take over the Work and prosecute the same to completion by contract or any other method the City deems expedient, and may take possession of and utilize in completing the Work such materials, appliances, equipment and plant as may be on the site of the Work and necessary therefore. In such event, the Contractor and its sureties shall be liable for all damages including costs of managerial and administrative services, engineering, legal and other consultant fees, and liquidated damages sustained or incurred by the City. (c) Upon termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If upon completion of the Work the total cost to the City, including engineering, legal and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the Work had been completed by the Contractor in accordance with the terms of the Contract, then the difference shall be paid to the Contractor in the same manner as the final payment under the Contract. If the total cost incurred by the City on account of termination of the Contract and subsequent completion of the Work by the City by whatever method the City may deem expedient shall exceed said amount which the Contractor would otherwise have been paid, the Contractor and its sureties shall be liable to the City for the full amount of such excess expense.
(d) The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract.

6.08. FAILURE TO TIMELY COMPLETE THE WORK – LIQUIDATED DAMAGES (a) Liquidated Damages
(1) It is agreed by the parties to this Contract that time is of the essence. In the event all the Work is not completed before or upon the expiration of the time limit as set in the Bid, Contract and/or Progress Schedule, or within any time extensions that may have been granted, damage will be sustained by the City; and that it may be impracticable to determine the actual amount of damage by reason of such delay. Accordingly, it is agreed that the Contractor shall pay to the City as damages the amount set forth for each and every day’s delay in finishing the Work in excess of the number of days specified. Liquidated damages shall be paid at a rate as stated in Part 4, Construction Contract, Item 8. The parties expressly agree that the liquidated damage clause found in the Contract Documents is reasonable under the circumstances existing at the time the Contract was made. The City shall have the right to deduct the amount of liquidated damages from any money due or to become due the Contractor.
(2) In addition, the City shall have the right to charge to the Contractor and to deduct from the final or progress payments for the Work the actual cost to the City of legal, engineering, inspection, superintendence, and other expenses, which are directly chargeable to the Contract and which accrue during the period of such delay, except that the cost of final inspection and preparation of the final estimate shall not be included in the charges. (b) Exclusions
Attachment 3
322
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-68
Notwithstanding the provisions of Section 2.08(a), the Contractor shall not be liable for liquidated damages or delays caused by the removal or relocation of utilities when such removal or relocation is the responsibility of the City or the owner of the utility under Government Code section 4215.

6.09. CLEAN-UP
During the progress of the Work, the Contractor shall maintain the Site and related structures and equipment in a clean, orderly condition and free from unsightly accumulation of rubbish. All waste materials shall be removed daily from the Site and disposed of by the Contractor by any proper means at its own expense unless designated otherwise on the plans.

No waste materials shall be placed in the public street right-of-way. Unless otherwise specified, all existing piping, materials and/or equipment removed pursuant to this Contract shall become the Contractor’s property.

Upon completion of the Work and before the final estimate is submitted, the Contractor shall, at its own cost and expense, remove from the vicinity of the Work all plants, buildings, rubbish, unused work materials, concrete forms, and temporary bridging and other like materials, belonging to the Contractor or used under the Contractor’s direction during the construction, and in the event of the Contractor’s failure to do so, the same may be removed by the City after ten (10) calendar days’ notice to the Contractor. Such removal shall be at the expense of the Contractor.

The Contractor shall use care in the removal of materials and equipment so as not to cause damage to existing facilities and structures. Contractor shall assume liability for all such damage. Where the construction has crossed yards or driveways, restoration shall be by the Contractor to the complete satisfaction of the Engineer, at the Contractor’s expense.

The Contractor shall make its own arrangements for the disposal of waste materials. If the Contractor elects to dispose of such materials on private property, Contractor shall obtain written permission from all property owners involved.

Attachment 3
323
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-69
SECTION 7

MEASUREMENT AND PAYMENT

7.01. MEASUREMENT OF QUANTITIES
(a) Where the Contract provides for payment on a lump sum price basis, measurement of quantity will be based on a schedule of values provided by the contractor. The schedule of values shall itemize components of the lump sum bid item. Where the Contract provides for payment on a unit price basis, the quantities of work performed will be computed by the Engineer on the basis of measurements taken by the Engineer, and these measurements shall be final and conclusive.
(b) All quantities of work computed under the Contract shall be based upon measurements by the Engineer according to United States Measurements and Weights. (c) Methods of measurement are specified herein and in the Technical Specifications.
(d) Mobilization shall be measured and payment issued according to Section 9 of the State Standard Specifications and Public Contract Code sections 10104 and 10264

7.02. SCOPE OF PAYMENT
(a) The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work 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 from any unforeseen difficulties which may be encountered during the prosecution of the Work until the Acceptance by the City and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the Contract; and for completing the Work according to the Specifications and Plans. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material.
(b) No compensation will be made in any case for loss of anticipated profits.

Increased or decreased work involving supplemental agreements will be paid for as provided in such agreements.
(c) The Work includes the preparatory work and operations needed for mobilization and demobilization of the Project. The Work, however, does not include establishing the Engineer’s field facility(s) of utility work and connections needed for these facilities.

7.03. PROGRESS ESTIMATE
For each calendar month of Contract work, the Contractor will prepare a progress estimate of all work performed under the Contract. Within the first ten (10) days of each succeeding calendar month, the Contractor will prepare in writing an estimate which in the Engineer’s opinion is a fair approximation of the value of all work done under the Contract, including any amounts due the Contractor for Extra Work and Change Orders. In arriving at the value of the Work done, the Contractor will give consideration to the value of labor and materials which have been incorporated into the permanent work by the Contractor during the Attachment 3
324
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-70
preceding month. Consideration will not be given to preparatory work done or for materials or equipment on hand.

In order to assist the Engineer, the Contractor shall furnish the Engineer with copies of invoices for all such items delivered to the job site.

7.04. PROGRESS PAYMENTS
(a) The City will pay the Contractor ninety-five percent (95%) of the amount of each progress estimate within thirty (30) days after receipt of an undisputed and properly submitted progress estimate from the Contractor, unless the City has made a finding prebid pursuant to Public Contract Code section 7201(b)(4) justifying a larger retention. If the City fails to pay an undisputed progress estimate within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (A) of section 685.010 of the Code of Civil Procedure. Five percent (5%) of the amount of each estimate shall be retained by the City until final completion and Acceptance of all work under the Contract. (b) Upon receipt of a payment request, the City shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the City as soon as practicable after receipt for the purpose of determining that the progress estimate is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this section shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
(c) The number of days available to the City to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which the City exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (b). (d) The Contractor may, in accordance with the provisions of Public Contracts Code section 22300, substitute securities for any monies which the City may withhold to insure performance under the Contract.
(e) When, in the judgment of the Engineer, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Engineer’s judgment the total amount of the Work done since the last estimate amounts to less than one thousand dollars ($1,000.00), no pay estimate will be prepared and no progress payment will be made. (f) No progress estimate or payment shall be considered to be an approval or Acceptance of any work, materials or equipment. Estimated amounts and values of work done and materials and equipment furnished will be conformed with actual amounts and values as they become available in subsequent progress estimates, progress payments and the final estimate and payment. All estimates and payments will be subject to correction in subsequent progress estimates and payments and the final estimate and payment. (g) It is mutually agreed between the parties to the Contract that no payments made under the Contract, including progress payments and the final payment shall be evidence of the Attachment 3
325
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-71
performance of the Contract, either wholly or in part, and no payment shall construed to be an Acceptance of any defective or incomplete work or improper materials.

7.05. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
See Part 2, "Federal Provisions."
A prime Contractor or Subcontractor shall pay any Subcontractor not later than seven (7) days of receipt of each progress payment in accordance with the provisions in Section 7108.5 of the California Business and Professions Code concerning prompt payment to Subcontractors. The seven (7) days is applicable unless a longer period is agreed to in writing.

Any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of Section 7108.5 shall subject the violating Contractor or Subcontractor to the penalties, sanctions and other remedies of that section. This requirement shall not 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. This provision applies to both DBE and non-DBE Subcontractors.

7.06. LIENS AND STOP NOTICES
The Contractor agrees to keep the Work, the site of the Work and all monies held by the City free and clear of all liens and stop notices related to labor and materials furnished in connection with the Work, if permitted by law. Furthermore, the Contractor waives any right it may have to file any type of lien or stop notice in connection with the Work. Notwithstanding anything to the contrary contained in the Contract Documents, if any such lien or stop notice is filed or there is evidence to believe that lien or stop notice may be filed at any time during the progress of the Work or within the duration of this Contract, the City may refuse to make any payment otherwise due the Contractor or may withhold any payment due the Contractor a sum sufficient in the opinion of the City to pay all obligations and expenses necessary to satisfy such lien or stop notice. The City may withhold such payment unless or until the Contractor, within ten days after demand therefor by the City, shall furnish satisfactory evidence that the indebtedness and any lien or stop notice in respect thereof has been satisfied, discharged and released of record, or that the Contractor has legally caused such lien or stop notice to be released of record pending the resolution of any dispute between the Contractor and any person or persons filing such lien or stop notice. If the Contractor shall fail to furnish such satisfactory evidence within ten days of the demand therefor, the City may discharge such indebtedness and deduct the amount thereof, together with any and all losses, costs and damages suffered or incurred by the City from any sum payable to the Contractor under the Contract Documents, including but not limited to final payment and retained percentage. This section shall be specifically included in all Subcontracts and purchase orders entered into by the Contractor.

7.07. FINAL ACCEPTANCE AND DATE OF COMPLETION
Whenever the Contractor shall deem all Work under this Contract to have been completed in accordance therewith, the Contractor shall so notify the Engineer in writing, and the Engineer shall promptly ascertain whether the Work has been satisfactorily completed and, if not, shall advise the Contractor in detail and in writing of any additional work required. When all the provisions of the Contract have been fully complied with, to the satisfaction of the Engineer, the Engineer shall proceed with all reasonable diligence to determine accurately the total value of all Work performed by the Contractor at the prices set forth in the Contract or fixed by Change Orders, and the total value of all extra work, all in accordance with the Contract.

Attachment 3
326
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-72
The Engineer will then certify to said final estimate and to the completion of the Work, and will file copies thereof with the City and the Contractor, and shall cause of Notice of Completion to be filed with the Yolo County Clerk-Recorder. The date of completion shall be the date of filing of the Notice of Completion. All guarantees, warranties, and securities securing said guarantees and warranties, shall commence on said date.

7.08. RIGHT TO WITHHOLD PAYMENTS
(a) In addition to all other rights and remedies of the City hereunder and by virtue of the law, the City may withhold or nullify the whole or any part of any partial or final payment to such extent as may reasonably be necessary to protect the City from loss on account of:
(1) Defective work not remedied, irrespective of when any such work be found to be defective;
(2) Claims or liens filed or reasonable evidence indicating probable filing of claims or liens including, but not limited to claims under Sections 1775, 1776, or 1777.7 of the Labor Code;
(3) Failure of the Contractor to make payments properly for labor, materials, equipment, or other facilities, or to Subcontractors and/or suppliers; (4) A reasonable doubt that the Work can be completed for the balance then unearned;
(5) A reasonable doubt that the Contractor will complete the Work within the agreed time limits;
(6) Costs to the City resulting from failure of the Contractor to complete the Work within the proper time; or
(7) Damage to work or property.
(b) Whenever the City shall, in accordance herewith, withhold any monies otherwise due the Contractor, written notice of the amount withheld and the reasons therefor will be given the Contractor. After the Contractor has corrected the enumerated deficiencies, the City will promptly pay to the Contractor the amount so withheld. When monies are withheld to protect the City against claims or liens of mechanics, material men, Subcontractors, etc., the City may at its discretion permit the Contractor to deliver a surety bond in terms and amount satisfactory to the City, indemnifying the City against any loss or expense, and upon Acceptance thereof by the City, the City shall release to the Contractor monies so withheld.

7.09. FINAL PAYMENT
Within ten (10) days after the date of completion, the City will file in the Office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. Within sixty (60) days of completion defined in Public Contract Code section 7107, the difference between said final estimate and all payments theretofore made to the Contractor shall be due and payable to the Contractor, subject to any requirements concerning the furnishings of a maintenance bond, and excepting only such sum or sums as may be withheld or deducted in accordance with the provisions of this Contract. All prior certifications upon which partial Payments may have been made, being merely estimates, shall be subject to correction in the final certificate.

Attachment 3
327
1919832.3 7203-038
General Conditions
Highway Safety Improvement Project Page | 5-73

7.10. FINAL RELEASE
Final payment to the Contractor in accordance with the final estimate is contingent upon the Contractor furnishing the City with a signed written release of all claims against the City arising by virtue of the Contract. Disputed Contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release. The release shall be in substantially the form specified in California Civil Code section 8138.

Attachment 3
328
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project
PART 6 SUPPLEMENTAL CONDITIONS
(SPECIAL PROVISIONS)
Attachment 3
329
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-1

SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS)
Except as modified by these Supplemental Conditions, the work shall be performed in accordance with Part 5 General Conditions. The numbering of these Supplemental Conditions coincides to the numbering in the General Conditions. The existence of a section in these Supplemental Conditions means that a corresponding section in the General Conditions is modified in some respect. Under these contract documents, Supplemental Conditions and Special Provisions have the same meaning.

The following Supplemental Conditions , if any, shall be used in conjunction with the City of West Sacramento Standard Specifications current edition including Standard Details and all revisions, and the current State of California Department of Transportation (Caltrans) Standard Specifications, in that order.

The following provisions apply to use of or reference to the Caltrans Standard Specifications:

1. None of the “General Provisions” of the Caltrans Standard Specifications, i.e., Sections 1 through 9, applies to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents. The City’s “General Conditions” shall govern.

2. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications and a provision of these Contract Documents, the provision in the Contract Documents will govern.

3. Any reference to the “Engineer” in the Caltrans Standard Specifications is deemed to mean “City”, “Owner” or “Architect/Engineer” or Owner’s designated representative.

4. Any reference to the “State” in the Caltrans Standard Specifications is deemed to mean “City” or “Owner.”
City Standard *Specifications are available online at:
http://cityofwestsacramento.org/city/depts/comdev/engineering/specs/default.asp Bound hardcopies may be purchased from City Hall at:
1110 West Capitol Avenue, 2nd Floor
West Sacramento, California 95691
or by calling (916) 617-4645 for purchase by mail.

State Standard Specifications are available online at:
http://www.dot.ca.gov/hq/esc/oe/standards.php
Attachment 3
330
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-2
SECTION 1

DEFINITIONS & TERMS

1.03 DEFINITIONS
Add the following to section 1.03:

Laboratory – Material Testing Laboratories authorized by the City Engineer, or representative of the City to test materials and the work completed during the course of completing the construction project.

Whenever in the State Standard Specifications, Special Provisions (Part 7), Notice to Bidders, Proposal, Contract, or other contract documents, the following terms are used, the intent and meaning must be interpreted as follows:

Agency: City of West Sacramento
State: City of West Sacramento
Department: City of West Sacramento
Director: City Council, City of West Sacramento
Engineer: The Director of Capital Projects and Transportation Department, City of West Sacramento, acting either directly or through properly authorized agent or consultants.

District: The Capital Projects Department, City of West Sacramento

1.04. GLOSSARY
abandon: Render unserviceable in place.
acts of God: Acts of God as defined in Pub Cont Code § 7105. activity: Task, event, or other project element on a schedule that contributes to completing the project. An activity has a description, start date, finish date, duration, and one or more logic ties. adjust: Raise or lower a facility to match a new grade line. aerially deposited lead: Lead primarily from vehicle emissions deposited within unpaved areas or formerly unpaved areas.
authorized laboratory: Independent testing laboratory (1) not employed or compensated by any subcontractor or subcontractor's affiliate providing other services for the Contract and (2) authorized by Caltrans.
base: Layer of specified material of planned thickness placed immediately below the pavement or surfacing.
basement material: Material in an excavation or embankment under the lowest layer to be placed.
bid item: Work unit for which the Bidder provides a price.

Bid Item List: List of bid items and the associated quantities. The verified Bid Item List is the Bid Item List with verified prices. The Contract Proposal of Low Bidder is the verified Bid Item List. After Contract award, interpret a reference to the Bid Item List as a reference to the verified Bid Item List.
borrow: Fill acquired from an excavation source outside the described cut area.

1. local borrow: Material obtained by widening cuts or excavating from sources outside the planned or authorized cross section on the job site. The location of the local borrow is described or designated by the Engineer.

Attachment 3
331
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-3

2. imported borrow: Borrow that is not local borrow.
bridge: Structure that:

1. Has a bridge number

2. Carries a (1) utility, (2) railroad, or (3) vehicle, pedestrian, or other traffic over, under, or around obstructions or waterways
building-construction contract: Contract that has Building Construction on the cover of the Notice to Bidders and Special Provisions.

California Test: Caltrans-developed test for determining work quality. For California Tests, go to the METS Web site.

Caltrans: California Department of Transportation as defined in St. & Hwy Code section 20 and authorized in St. & Hwy Code section 90; its authorized representatives. certificate of compliance: Certificate stating the material complies with the Contract.

Certified Industrial Hygienist: Industrial hygienist certified in comprehensive practice by the American Board of Industrial Hygiene.
change order work: Work described in a Change Order, including extra work and work described in the Contract as change order work.
closure: Closure of a traffic lane or lanes, including shoulder, ramp, or connector lanes, within a single traffic control system.
commercial quality: Quality meeting the best general practices. commercial source: Established business operating as a material source for the general public.

Contract: Written and executed contract between the Department and the Contractor.

Contract acceptance: Director's written acceptance of a completed Contract.

Contract documents: The Contract Documents consist of: Notice to Bidders, the prevailing rate of per diem wages as determined by the Department of Industrial Relations, the accepted Bid and Bid Schedule, List of Subcontractors, Non-Collusion Affidavit, Bid Security or Bid Bond, this Contract Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, Special Provisions, Standard Specifications, Revised Standard Specifications, Labor Surcharge and Equipment Rental Rates, Drawings, Addenda, Change Orders, Work Directives, and any other applicable documents not listed, including modifications incorporated in those documents.

Contract time: Number of original working days as adjusted by any time adjustment.

Contractor: Person or business or its legal representative entering into a Contract with the Department for performance of the work.
controlling activity: Construction activity that will extend the scheduled completion date if delayed.
critical path: Longest continuous chain of activities for the project that has the least amount of total float of all chains. In general, a delay on the critical path extends the scheduled completion date.
critical path method: Network-based planning technique using activity durations and relationships between activities to calculate a schedule for the entire project. culvert: Structure other than a bridge that provides an opening under a roadway.

Attachment 3
332
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-4
data date: Day after the date through which a schedule is current. Everything occurring earlier than the data date is as-built and everything on or after the data date is planned. day: 24 consecutive hours running from midnight to midnight; calendar day.

1. business day: Day on the calendar except a Saturday and a holiday.

2. working day: Time measure unit for work progress. A working day is any 24-consecutivehour period except:

2.1. Saturday and a holiday.

2.2. Day during which you cannot perform work on the controlling activity for at least 50 percent of the scheduled work shift with at least 50 percent of the scheduled labor and equipment due to any of the following:

2.2.1. Adverse weather-related conditions.

2.2.2. Traffic maintenance under the Contract.

2.2.3. Suspension of a controlling activity that you and the Engineer agree benefits both parties.

2.2.4. Unanticipated event not caused by either party, such as:

2.2.4.1. Act of God

2.2.4.2. Act of a public enemy.

2.2.4.3. Epidemic.

2.2.4.4. Fire.

2.2.4.5. Flood.

2.2.4.6. Governor-declared state of emergency.

2.2.4.7. Landslide.

2.2.4.8. Quarantine restriction.

2.2.5. Issue involving a third party, including:

2.2.5.1. Industry or area-wide labor strike.

2.2.5.2. Material shortage.

2.2.5.3. Freight embargo.

2.2.5.4. Jurisdictional requirement of a law enforcement agency.

2.2.5.5. Workforce labor dispute of a utility or nonhighway facility owner resulting in a nonhighway facility rearrangement not described and not solely for the Contractor's convenience. Rearrangement of a nonhighway facility includes installation, relocation, alteration, or removal of the facility.

2.3. Day during a concurrent delay.

3. original working days:

3.1. Working days to complete the work shown on the Notice to Bidders for a non-cost-plustime-based bid

3.2. Working days bid to complete the work for a cost-plus-time-based bid Where working days is specified without the modifier original in the context of the number of working days to complete the work, interpret the number as the number of original working days as adjusted by any time adjustment.

Attachment 3
333
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-5
deduction: Money permanently taken from a progress payment or the final payment.

Deductions are cumulative and are not retentions under Pub Cont Code § 7107. delay: Event that extends the completion of an activity.

1. excusable delay: Delay caused by the Department and not reasonably foreseeable when the work began, such as:

1.1. Change in the work

1.2. Department action that is not part of the Contract

1.3. Presence of an underground utility main not described in the Contract or in a location substantially different from that specified

1.4. Described facility rearrangement not rearranged as described, by the utility owner by the date specified, unless the rearrangement is solely for the Contractor's convenience

1.5. Department's failure to obtain timely access to the right-of-way

1.6. Department's failure to review a submittal or provide notification in the time specified

2. critical delay: Excusable delay that extends the scheduled completion date

3. concurrent delay: Occurrence of at least 2 of the following events in the same period of time, either partially or entirely:

3.1. Critical delay

3.2. Delay to a controlling activity caused by you

3.3. Non–working day
Department: City of West Sacramento
detour: Temporary route for traffic around a closed road part. A passageway through a job site is not a detour.

Director: City Council, City of West Sacramento.
disabled veteran business enterprise: Business certified as a DVBE by the Department of General Services, Office of Small Business and DVBE Services. disadvantaged business enterprise: Disadvantaged business enterprise as defined in 49 CFR 26.5. dispose of: Remove from the job site.
divided highway: Highway with separated traveled ways for traffic, generally in opposite directions.

Engineer: The Director of Capital Projects, City of West Sacramento, acting either directly or through properly authorized agent or consultants.
early completion time: Difference in time between an early scheduled completion date and the work completion date.
environmentally sensitive area: Area within or near construction limits where access is prohibited or limited to protect environmental resources. estimated cost: Estimated cost of the project as shown on the Notice to Bidders. extra work: Any work, desired or performed, but not included in the original Contract. federal-aid contract: Contract that has a federal-aid project number on the cover of the Notice to Bidders and Special Provisions.
final pay item: Bid item whose quantity shown on the Bid Item List is the quantity paid.

Attachment 3
334
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-6
finished grade: Final surface of the completed facility. If the work under the Contract includes stage construction, the relation between the finished grade and the work under the Contract is shown.
fixed cost: Labor, material, or equipment cost directly incurred by the Contractor as a result of performing or supplying a particular bid item that remains constant regardless of the item's quantity.
float: Difference between the earliest and latest allowable start or finish times for an activity.

1. Department-owned float: Time saved on the critical path by actions of the Department. It is the last activity shown on the schedule before the scheduled completion date. force account work: Work ordered on a construction project without an existing agreement on its cost, and performed with the understanding that the contractor will bill the owner according to the cost of labor, materials, and equipment, plus a certain percentage for overhead and profit. grading plane: Basement material surface on which the lowest layer of subbase, base, pavement, surfacing, or other specified layer is placed. highway: Whole right-of-way or area reserved for use in constructing the roadway and its appurtenances.
holiday: Holiday shown in the following table:

Holiday Date Observed
New Year's Day January 1st , 2024
Martin Luther King, Jr. Day January 15th, 2024
President’s Day February 19, 2024
Cesar Chavez Day March 31st, 202
Memorial Day May 27th, 2024
Juneteenth June 19, 2024
Independence Day July 4th, 2024
Labor Day 1st Monday in September
Veterans Day November 11th, 2024
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day Day after Thanksgiving Day
Christmas Day December 25th
If January 1st, February 12th, March 31st, July 4th, November 11th, or December 25th falls on a Sunday, the Monday following is a holiday. If November 11th falls on a Saturday, the preceding Friday is a holiday
hours of darkness: Hours of darkness as defined in Veh Code § 280. idle equipment: Equipment:

1. On the job site at the start of a delay

2. Idled because of the delay

3. Not operated during the delay
informal-bid contract: Contract that has Informal Bid Authorized by Pub Cont Code § 10122 on the cover of the Notice to Bidders and Special Provisions. job site: Area within the defined boundaries of a project.

Labor Surcharge and Equipment Rental Rates: Department publication that lists labor surcharge and equipment rental rates.

Attachment 3
335
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-7
landscaping: Practice of a landscaping contractor under 16 CA Code of Regs § 832.27. material: Any product or substance specified for use in the construction of a project. material shortage:

1. Shortage of raw or produced material that is area-wide and caused by an unusual market condition except if any of the following occurs:

1.1. Shortage relates to a produced, nonstandard material

1.2. Supplier's and the Contractor's priority for filling an order differs

1.3. Event outside the United States for a material produced outside the United States

2. Unavailability of water that delays a controlling activity material source facility audit: Self-audit and a Caltrans audit evaluating a facility's capability to consistently produce materials that comply with Caltrans standards. median: Portion of a divided highway separating the traveled ways including inside shoulders. milestone: Event activity that has zero duration and is typically used to represent the start or end of a certain stage of the project.
mobilization: Preparatory work that must be performed or costs incurred before starting work on the various items on the job site (Pub Cont Code § 10104). modify: Add to or subtract from an appurtenant part.
narrative report: Document submitted with each schedule that discusses topics related to project progress and scheduling.
near critical path: Chain of activities with total float exceeding that of the critical path but having not more than 10 working days of total float.
obliterate: Place an earth cover over or root, plow, pulverize, or scarify.

Office Engineer: City of West Sacramento Procurement Services pavement: Uppermost layer of material placed on a traveled way or shoulder. permanent erosion control establishment period: Number of working days shown on the Notice to Bidders for permanent erosion control establishment work. plans: Standard plans, revised standard plans, and project plans.

1. standard plans: Drawings standard to Caltrans’ construction projects

2. revised standard plans: New or revised standard plans

3. project plans: Drawings specific to the project, including authorized shop drawings plant establishment period: Number of working days shown on the Notice to Bidders for plant establishment work.

Project biologist: A USFWS-approved biologist provided by the Contractor quality characteristic: Characteristic of a material that is measured to determine conformance with a given requirement.
quality control plan: Contractor's plan to ensure QC.
reconstruct: Remove and disassemble and construct again at an existing or new location. relocate: Remove and install or place in a new location. remove: Remove and dispose of.

Attachment 3
336
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-8
reset: Remove and install or place laterally at the same station location. roadbed: Roadway portion extending from the curb line to curb line or the shoulder line to shoulder line. A divided highway has 2 roadbeds.
roadside: Area between the outside shoulder edge and the right-of-way limits. roadway: Portion of the highway within the outside lines of curbs, sidewalks, slopes, ditches, channels, or waterways. A roadway includes the structures and features necessary for safety, protection of facilities, and drainage.
salvage: Remove, clean, and haul to a specified location. schedule:

1. baseline schedule: Initial schedule showing the original work plan starting on the date of Contract approval. This schedule shows no completed work to date and no negative float or negative lag to any activity.

2. revised schedule: Schedule that incorporates a proposed or past change to logic or activity durations.

3. updated schedule: Current schedule developed from the accepted baseline and any subsequent accepted updated or revised schedules through regular monthly review to incorporate actual past progress.
scheduled completion date: Planned work completion date shown on the current schedule. shoulder: Roadway portion contiguous with the traveled way for accommodation of a stopped vehicle, emergency use, and lateral support of base and surface courses. small tool: Tool or piece of equipment not listed in Labor Surcharge and Equipment Rental Rates that has a replacement value of $500 or less.
specifications: Standard specifications, revised standard specifications, and special provisions.

1. standard specifications: Specifications standard to Caltrans’ construction projects. These specifications are in a book titled Standard Specifications 2018.

2. revised standard specifications: New or revised standard specifications. These specifications are in a section titled Revised Standard Specifications of these Special Provisions.

3. special provisions: Specifications specific to the project.

State: City of West Sacramento
Structure Design: City of West Sacramento Capital Projects and Transportation Department. subbase: Layer of material between a base and the basement material. subgrade: Roadbed portion on which pavement, surfacing, base, subbase, or a layer of any other material is placed.
submittal:

1. action submittal: Written and graphic information and samples that require the Department's response.

2. informational submittal: Written information that does not require the Department's response.
substantial defects: Defects plainly seen as damaged, displaced, or missing parts or improper functioning of materials, parts, equipment, or systems.

Attachment 3
337
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-9
substructure: Bridge parts below the bridge seats, pier tops, and haunches for rigid-framed bridges or spring lines for arched bridges; includes abutment backwalls, abutment parapets, and wingwalls.
superstructure: Bridge parts except the substructure.
supplemental project information: Information relevant to the project, specified as supplemental project information, and made available to bidders. surfacing: Uppermost layer of material placed on a traveled way or shoulders; pavement. time impact analysis: Analysis using a CPM schedule developed specifically to demonstrate the effect a proposed or past change or delay has on the current scheduled completion date. time-scaled network diagram: Graphic depiction of a CPM schedule comprised of activity bars with relationships for each activity represented by arrows. The tail of each arrow connects to the activity bar for the predecessor and points to the successor. total bid: Sum of the item totals as verified by the Department; original Contract price. total float: Amount of time that an activity or chain of activities can be delayed before extending the scheduled completion date.
traffic: Pedestrians, bicyclists, ridden or herded animals, vehicles, streetcars, and other conveyances either singularly or together while using any highway for purposes of travel. traffic break: Traffic operation performed by a California Highway Patrol officer or other law enforcement officer to slow or stop traffic within the traveled way. traffic lane: Portion of traveled way used for the movement of a single line of vehicles. traveled way: Portion of the roadway for the movement of vehicles, exclusive of the shoulders, berms, sidewalks, and parking lanes.
tunnel: Tunnel as defined in 8 CA Code of Regs § 8405 et seq. unauthorized work: Work performed beyond the lines and grades described in the Contract or established by the Engineer or extra work performed without Department authorization. unsuitable material: Material encountered below the natural ground surface in embankment areas or below the grading plane in excavation areas that the Engineer determines to be in any of the following conditions:

1. Of such unstable nature that it cannot be compacted to the specified density using ordinary methods at optimum moisture content.

2. Too wet to be properly compacted and cannot be dried before incorporating it into the work.

Excessive moisture alone is not sufficient cause for determining that the material is unsuitable.

3. Inappropriate for the planned use.
withhold: Money temporarily or permanently taken from a progress payment. work: Resources and activities required for Contract acceptance, including labor, materials, equipment, and the created product.
work plan: Detailed formulation of a program of action. work zone: Area of a highway with construction, maintenance, or utility work activities.

Attachment 3
338
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-10
SECTION 2

SCOPE OF WORK
Add the following to Section 2.01:

The proposed work to be performed under this contract consists of the furnishing of all labor, equipment, materials, and incidentals necessary to complete the work of the “Highway Safety Improvement Project” as shown on the plans and/or specified herein.

The proposed work consists of the following: installing pedestrian improvements including curb ramps, mid block crossings, curb, gutter, and sidewalks, rectangular rapid flashing beacons, traffic signal, striping, and signs.

The Contractor shall provide labor, materials, tools, equipment, and incidentals, and shall perform all work necessary to deliver a completed, workmanlike project ready for safe public use and economical maintenance by City forces.

The Contractor shall diligently execute the work to completion that is identified on the Contract Plans and specified herein regarding Highway Safety Improvement Project. All work shall be completed within One-Hundred-Twenty (120) working days for base bid items from the date designated on the Notice to Proceed. Additional working days for Alternative Bid Items if approved for contract award will be allotted for the contractor and will be included in the total number of contract working days for completion of project improvements.

Attachment 3
339
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-11
SECTION 3

CONTROL OF WORK
Add Section 3.24:

3.24. AREA FOR USE
If sufficient area is not available within the contract limits, you are responsible for securing, at your own expense, areas required for plant sites, storage of equipment for materials or for other purposes.

Attachment 3
340
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-12
SECTION 4

CONTROL OF MATERIALS
Attachment 3
341
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-13
SECTION 5

LEGAL RELATIONS AND RESPONSIBILITY

5.23. HISTORICAL, SCIENTIFIC AND ARCHEOLOGICAL DISCOVERIES Add the following to Section 5.23:

The Contractor shall stop work and report immediately to the Engineer in case of discovery of human remains and inadvertent discovery of archaeological resources.

The Contractor shall stop work and report immediately to the Engineer in case of inadvertent discovery of archaeological resources.

A pre-construction tribal cultural resources awareness training program may be required for all consultants and contractors involved in the project.

Attachment 3
342
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-14
SECTION 6

PROGRESS AND COMPLETION OF WORK

6.01. PROGRESS SCHEDULE
Revise Section 6.01 paragraph 1 to read:

The Contractor shall provide a schedule describing in sufficient detail the activities of the contractor or any subcontractors working at the project site within ten (10) days after execution of the Contract. The schedule shall incorporate the number of working days, critical path, project approval turn-around times, along with City and public notification requirements. The Contractor shall submit look ahead schedules for each month that work is in progress. If the project goes five (5) working days out of schedule, an updated schedule must be re-submitted to the Engineer for approval. No progress payments will be made until a satisfactory schedule has been submitted and approved by the Engineer. If the Work falls behind the accepted schedule, the Contractor shall promptly take whatever actions are necessary to put project back on schedule. For delays or portions of delays for which the Contractor is responsible, no payment will be made or time extension allowed for increase in work force, equipment, and working hours needed to put the project on schedule.

Submittals: The Contractor shall provide a work schedule to the Engineer a minimum of five (5) days prior to the start of work.

Attachment 3
343
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-15

SECTION 7.01 MEASUREMENT OF QUANTITIES
Add the following to this section:

DESCRIPTION (ITEM #)

UNIT OF

MEASUREMENT

INCLUDED WORK

MOBILIZATION
(1)
LS
Item must include furnishing all labor, materials, tools, equipment, incidentals and for doing all work involved as shown on the Plans, as specified in these Special Provisions.

Includes administrative portions of the work associated with mobilizing, such as staking, safety plan, public notifications, bonds, insurance, all required permits, establishment and maintenance of a contractor’s staging area and move in of related equipment, tools, supplies and personnel, and
establishing an onsite project office (including related utility services).

Includes work associated with de-mobilizing the above,
including cleanup and restoration of staging area and removal of all contractor’s equipment, materials and supplies from the project site.

Mobilization shall be measured and payment issued
according to Section 9 of the State Standard Specifications and Public Contract Code sections 10104 and 10264

PROJECT SCHEDULE
(CRITICAL PATH METHOD)
(2)
LS
The progress schedule (critical path method) bid item will be made progressively as follows:

1. A total of 25 percent of the item amount will be paid upon achieving all of the following:

1.1. Completion of 5 percent of all contract item work.

1.2. Acceptance of all schedules and approval of all time impact analysis (TIAs) required to the time when 5
percent of all contract item work is complete.

2. A total of 50 percent of the item amount will be paid upon completion of 25 percent of all contract item work and
acceptance of all schedules and approval of all TIAs
required to the time when 25 percent of all contract item work is complete.

3. A total of 75 percent of the item amount will be paid upon completion of 50 percent of all contract item work and
acceptance of all schedules and approval of all TIAs
required to the time when 50 percent of all contract item work is complete.

4. A total of 100 percent of the item amount will be paid upon completion of all contract item work, acceptance of all schedules and approval of all TIAs required to the time when all contract item work is complete, and submittal of the certified final update schedule.

The City does not adjust payment for any increased or
decreased work ordered in submitting schedules.

Project schedule shall conform to Section 9 of the State Standard Specifications.

Attachment 3
344
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-16

MONUMENT

PRESERVATION
(3)

CONSTRUCTION STAKING
(4)
LS The Contractor places stakes and marks conformance
with Chapter 12, "Construction Surveys," of the Caltrans's Surveys Manual.

The Contractor shall be responsible for providing all
necessary construction stakes and marks to establish the lines and grades for the construction and completion of the work, including but not limited to, control and base lines, offset lines, cut/fill grade stakes, temporary survey stakes, tie-out protection, corner records, records of survey, and resetting of monuments as required and as directed by the engineer. Tieouts to existing monuments are to be provided to the City by the Contractor prior to starting work.

The Contractor shall employ a person authorized to
perform Land Surveying in the State of California to perform all necessary construction staking and survey work. All
construction stakes and marks set by the Contractor’s Land Surveyor or Civil Engineer, shall be carefully preserved by the Contractor. In case such stakes and marks are destroyed or damaged, they shall be promptly replaced, at the direction of the Engineer, at no additional cost to the City.

The Contractor shall diligently and thoroughly search
for, locate, and preserve all existing monumentation,
horizontal control, and vertical control potentially affected by the work in accordance with Section 8771 of the Professional Land Surveyors Act in the Business and Professions Code of the State of California. Locations of existing monumentation, horizontal control, and vertical control within the area of work shall be completed and appropriate documentation submitted to the City Engineer prior to beginning work. Unless
otherwise specified, all construction staking, or survey work shall be performed by an appropriately licensed land surveyor or civil engineer.

The Contractor shall remove construction stakes and
any markings placed for the purpose of this project by the Contractor from the site of the work when no longer needed.

Full compensation for furnishing all labor, materials,
tools, equipment, and incidentals, and for doing all the work involved in performing monument preservation and
construction staking will be paid as lump sum.

TRAFFIC CONTROL
SYSTEM
(5)
LS
Item must include furnishing all labor, submittals, materials, tools, equipment, permits, including designing, providing, erecting and maintaining traffic control throughout the course of the work to meet public safety and convenience
requirements, including preparation of traffic control plans for stages of construction and individual construction activities, crash cushion modules, k-rail, temporary barriers, maintaining crash cushion modules, changeable message signs (CMS)
minimum of two for the duration of the project. Includes but is not limited to providing any necessary flagging for traffic control for work performed by the Contractor. Includes
maintaining access to all adjacent properties during
construction or providing approved alternate access or
arrangements. Payment will be pro-rated across the progress Attachment 3
345
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-17
payments based on the contract time including installation and removal of all temporary striping and delineation during all paving operations.

All work shall conform to the California MUTCD 2014
Revision 6.

PREPARE WATER

POLLUTION CONTROL

PROGRAM
(6)
LS
Item must include preparing SWPPP, obtaining Notice of
Intent (NOI), furnishing all labor, materials, tools, equipment, incidentals for related regulatory processing, City review and approval. Includes providing for temporary water pollution control work throughout the course of the work. The
Contractor must implement, monitor and maintain, for the entire construction period, the project-site specific SWPPP to minimize and control construction and post-construction storm water runoff. Contractor shall prepare necessary
documentation and testing for the SWPPP including sampling and analysis, and Notice of Termination (NOT), Storm Water Analysis Report, Rain Event Action Plan (as necessary).

Includes providing a QSD to prepare and modify SWPPP and QSP to implement and maintain the SWPPP throughout the
project. Includes input into SMARTS system as necessary throughout the project conducting water pollution control training, and monitoring, inspecting and correcting water pollution control practices, as specified in these Special Provisions.

All work shall conform to Section 5 of the State Standard Specifications and the 2022 Construction General Permit.

CLEARING AND GRUBBING
(7)
LS
All work shall conform to Division IV, Section 3 of the City Standard Specifications and Section 17 of the State Standard Specifications unless otherwise stated. Pay item includes full compensation for furnishing all materials, tools, equipment, and incidentals for performing all work involved in clearing and preparing the site for construction.

REMOVE PAVEMENT

MARKING
(8) LS
All work shall conform to Section 20 of the City Standard Specifications and Section 84 of the State Standard
Specification unless otherwise shown on the plans, specified in these specifications, or directed by the City Engineer.

Contractor is responsible for removing existing pavement markings by grinding, blasting, or other approved method and removing and disposing of pavement markers.

ROADWAY EXCAVATION
(9)
CY
All work shall conform to Section 12 of the City Standard Specifications and the following shall apply:

Contractor’s attention is directed to the Preliminary Site Investigation (PSI) prepared by WRECO, dated
December 2021 included as an appendix to these special
provisions.

Soil samples collected on the south side of Sacramento
Avenue at the intersection with Simon Terrace
were found to contain lead concentrations above the STLC regulatory limit (5 mg/L) are is pre-classified
as California Hazardous. Soil from these areas shall be segregated in stockpiles and disposed of at a
Class I Landfill (per Section 25117/25141 of the California Health and Safety Code).

Arsenic concentrations for all 13 composite samples
exceeded all RWQCB ESLs, and these areas will
need to be managed for worker safety during construction.

Attachment 3
346
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-18
Contractor shall develop a lead compliance plan in
accordance with Section 7-1.02K(6)(j)(ii) Lead
Compliance Plan of the Standard Specifications.

Contractor shall comply with the requirements of Section 14- 11 Hazardous Waste and Contamination of
the Standard Specifications.

Roadway excavation shall conform to the provisions in
Section 19-2, “Roadway Excavation” of the
Standard Specifications and these special provisions.

ROADWAY EXCAVATION
(CA HAZARDOUS)
(10)
CY
In addition to the requirements of Section 12 of the City Standard Specifications, the following shall apply:

Contractor’s attention is directed to the Preliminary Site Investigation (PSI) prepared by WRECO, dated
December 2021 included as an appendix to these special
provisions.

Soil samples collected on the south side of Sacramento
Avenue at the intersection with Simon Terrace
were found to contain lead concentrations above the STLC regulatory limit (5 mg/L) are is pre-classified
as California Hazardous. Soil from these areas shall be segregated in stockpiles and disposed of at a
Class I Landfill (per Section 25117/25141 of the California Health and Safety Code).

Arsenic concentrations for all 13 composite samples
exceeded all RWQCB ESLs, and these areas will
need to be managed for worker safety during construction.

Contractor shall develop a lead compliance plan in
accordance with Section 7-1.02K(6)(j)(ii) Lead
Compliance Plan of the Standard Specifications.

Contractor shall comply with the requirements of Section 14- 11 Hazardous Waste and Contamination of
the Standard Specifications.

Roadway excavation shall conform to the provisions in
Section 19-2, “Roadway Excavation” of the Standard
Specifications and these special provisions.

AGGREGATE BASE (CLASS
II)
(11)
CY
All work shall conform to Division IV, Section 7 of the City Standard Specifications and Section 94 of the State Standard Specifications unless otherwise shown on the plans, specified in these specifications, or directed by the City Engineer. Pay item includes full compensation for furnishing, placing, compacting, and grading Class 2 Aggregate Base and will be measured by the lines and grades shown in the plans and measured in the field. Aggregate Base used under roadway, sidewalks, ramps, medians, curb and gutter, and
decomposed granite shall be included in the measurement and payment of Class 2 Aggregate Base.

HOT MIX ASPHALT (TYPE
A)
(12) TON
All work shall conform to Division IV, Section 8 of the City Standard Specifications and Section 38 of the State Standard Specifications unless otherwise shown on the plans, specified in these specifications or directed by the City Engineer. Item must include furnishing all labor, materials, tools, equipment, and incidentals for performing all work involved in placing asphalt concrete (Type A, 1/2” maximum aggregate). This Item must include placing hot mix asphalt in new areas and include tack coat, temporary pavement, and temporary
tapers. Includes testing for compliance and quality control plan.

Attachment 3
347
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-19
Measurement of payment shall be based on the weight tickets provided by the Contractor to the City Inspector. All work shall conform to the City Standard Specifications, the Caltrans Standard Specifications, these Special Provisions, and as directed by the City Engineer. There shall be no payment adjustments for asphalt price index fluctuations.

MINOR CONCRETE (CURB
RAMP)
(13)
EA
All work shall conform to Division IV, Section 11 of the City Standard Specifications and Section 73 of the State Standard Specifications unless otherwise shown on the plans, specified in these specifications or directed by the City Engineer. Item must include installing ADA compliant ramp, furnishing all labor, materials, work to supply and place concrete pavement including removal of existing ramp, transporting and placing concrete pavement, subgrade preparation and compaction, base rock, dowelling into existing concrete, backfill,
excavation, curing, admixtures, sawcutting, weakened plane joints, score lines, expansion joints, truncated domes, surface treatments and finishing, tools, equipment, incidentals and for doing all work involved as shown on the Plans, as specified in the Special Provisions and complying with ADA requirements.

MINOR CONCRETE (TYPE

B CURB)
(14)
LF
All work shall conform to Division IV, Section 11 of the City Standard Specifications and Section 73 of the State Standard Specifications unless otherwise shown on the plans, specified in these specifications or directed by the City Engineer. Item must include furnishing all labor, materials, including removal of existing curb, excavation, subgrade preparation and
compaction, doweling into exiting concrete, base rock,
backfill, concrete, curb openings, joints, score lines and surface finishing, tools, equipment, incidentals and for doing all work involved as shown on the Plans, as specified in these Special Provisions

MINOR CONCRETE
(MODIFIED TYPE B CURB)
(15)
LF
All work shall conform to Division IV, Section 11 of the City Standard Specifications and Section 73 of the State Standard Specifications unless otherwise shown on the plans, specified in these specifications or directed by the City Engineer. Item must include furnishing all labor, materials, including removal of existing curb, excavation, subgrade preparation and
compaction, doweling into exiting concrete, base rock, epoxy agent, backfill, concrete, curb openings, joints, score lines and surface finishing, tools, equipment, incidentals and for doing all work involved as shown on the Plans, as specified in these Special Provisions.

MINOR CONCRETE
(VERTICAL CURB AND

GUTTER)
(16)
LF
All work shall conform to Division IV, Section 11 of the City Standard Specifications and Section 73 of the State Standard Specifications unless otherwise shown on the plans, specified in these specifications or directed by the City Engineer. Item must include furnishing all labor, materials, including removal of existing vertical cub and gutter, excavation, subgrade preparation and compaction, doweling into exiting concrete, base rock, backfill, concrete, curb openings, joints, score lines and surface finishing, tools, equipment, incidentals and for doing all work involved as shown on the Plans, as specified in these Special Provisions.

MINOR CONCRETE
(SIDEWALK)
(17)
SF
All work shall conform to Division IV, Section 11 of the City Standard Specifications and Section 73 of the State Standard Specifications unless otherwise shown on the plans, specified in these specifications or directed by the City Engineer. Item must include furnishing all labor, materials, work to supply and place concrete pavement including removal of existing Attachment 3
348
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-20
sidewalk, transporting and placing concrete pavement,
subgrade preparation and compaction, base rock, doweling into existing concrete, reinforcement, backfill, excavation, curing, admixtures, sawcutting, weakened plane joints, score lines, expansion joints, texturing, surface treatments and finishing, tools, equipment, incidentals and for doing all work involved as shown on the Plans, as specified in these Special Provisions.

DETECTABLE WARNING

SURFACE (SURFACE

APPLIED)
(18)
SF
All work shall conform to Division IV, Section 6 of the City Standard Specifications and State Standard Specifications unless otherwise shown on the plans, specified in these specifications or directed by the City Engineer. Detectable warning surface must be on the Authorized Material List for detectable warning surfaces and must match yellow color no. 33538 of AMS-STD-595. All work shall conform to Section 73 of the State Standard Specifications, as shown on the plans, Technical Specifications, and described in the Special
Provisions, or as directed by the City Engineer

DETECTABLE WARNING

SURFACE (CAST IN PLACE)
(19) SF
All work shall conform to Division IV, Section 6 of the City Standard Specifications and State Standard Specifications unless otherwise shown on the plans, specified in these specifications or directed by the City Engineer. Detectable warning surface must be on the Authorized Material List for detectable warning surfaces and must match yellow color no. 33538 of AMS-STD-595. All work shall conform to Section 73 of the State Standard Specifications, as shown on the plans, Technical Specifications, and described in the Special
Provisions, or as directed by the City Engineer

LANDSCAPE
(20)
SF
All work shall conform to Section 16 of the City Standard Specifications, Section 20 of State Standard Specifications and or as directed by the City Engineer. Landscaping installed where curb ramps or sidewalk is removed shall be of similar materials to match existing surrounding landscaping.

Contractor shall submit proposed materials to engineer for review and approval prior to ordering and installation of planting and landscaping materials.

Furnish and install all landscape soil preparation, all container plantings, groundcover, staking, and related work thereto as shown and specified. Work in this section also includes the growing and maintenance operations necessary to establish the shrubs, trees, and other plantings; to provide pest and disease control, and to maintain the irrigation system, and related construction elements.

Planting Areas: All areas to be planted, whether in container stock, flats, or otherwise, are defined as planting areas in these documents.

The maintenance period shall commence from the date of
substantial completion of
planting as defined below, and extend for a one hundred and eighty (180) day period thereafter, or until the acceptance of Final Completion.

All planting areas shall be kept weed-free at all times during the maintenance period. All
pest and disease control shall be the Contractors
responsibility. All planting areas shall
Attachment 3
349
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-21
be kept at optimum moisture for plant growth. Settlement of soil and plants and soil erosion shall be repaired, and areas replanted as required. Dying or deficient plants shall be replaced as soon as they become apparent.

DECOMPOSED GRANITE
(21)
SF
All work shall conform to Section 16 of the City Standard Specifications, Section 20 of State Standard Specifications and or as directed by the City Engineer.

Decomposed granite shall be measured by the lines and
grades as shown on the plans and measured in the field.

MINOR CONCRETE
(CONCRETE MEDIAN)
(22)
SF
All work shall conform to Division IV, Section 6 of the City Standard Specifications and State Standard Specifications unless otherwise shown on the plans, specified in these specifications or directed by the City Engineer. During construction, contractor shall place sidewalk/crosswalk closed signs until the RRFBs are activated and fully functional. Work shall include full compensation for all labor, materials, tools, placing concrete, stamping pattern, compaction, raising existing facilities to grade, incidentals and equipment required to complete these items of the work, as shown on the plans, as specified in Section 73 of the State Standard
Specifications and these special provisions, and as directed by the Engineer.
6" THERMOPLASTIC

STRIPING - WHITE
(23)
LF
Includes cleaning surface, furnishing, installing thermoplastic traffic stripe. Includes layout and placement of thermoplastic striping materials, including cleanup tools, equipment, incidentals and for doing all work involved as shown on the Plans, as specified in these Special Provisions. All work shall conform to Section 84 of the State Standard Specifications, as shown on the plans, Technical Specifications, and
described in the Special Provisions, or as directed by the City Engineer.

Pay item includes full compensation for all labor, materials, tools, equipment, and incidentals for placing traffic striping and markers of the detail types shown on the plans.

Measurement and payment shall be based on linear feet of roadway covered, without deduction for gaps, and including all elements of the detail type (e.g., payment for one foot of Detail 32 includes payment for all 4 lines making up the detail). Special curved and diagonal striping shall be
measured and paid for as the total lineal footage of all elements.
6" THERMOPLASTIC
STRIPING – YELLOW
(24) LF
Includes cleaning surface, furnishing, installing thermoplastic traffic stripe. Includes layout and placement of thermoplastic striping materials, including cleanup tools, equipment, incidentals and for doing all work involved as shown on the Plans, as specified in these Special Provisions. All work shall conform to Section 84 of the State Standard Specifications, as shown on the plans, Technical Specifications, and
described in the Special Provisions, or as directed by the City Engineer.

Pay item includes full compensation for all labor, materials, tools, equipment, and incidentals for placing traffic striping and markers of the detail types shown on the plans.

Measurement and payment shall be based on linear feet of roadway covered, without deduction for gaps, and including all elements of the detail type (e.g., payment for one foot of Attachment 3
350
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-22
Detail 32 includes payment for all 4 lines making up the detail). Special curved and diagonal striping shall be
measured and paid for as the total lineal footage of all elements.
12" THERMOPLASTIC
STRIPING – WHITE
(25) LF
Includes cleaning surface, furnishing and installing markings.

Includes layout and placement of thermoplastic striping materials, including cleanup tools, equipment, incidentals and for doing all work involved as shown on the Plans, as
specified in these Special Provisions. All work shall conform to Section 84 of the State Standard Specifications, as shown on the plans, Technical Specifications, and described in the Special Provisions, or as directed by the City Engineer.

Pay item includes full compensation for all labor, materials, tools, equipment, and incidentals for placing traffic striping and markers of the detail types shown on the plans.

Measurement and payment shall be based on linear feet of roadway covered, without deduction for gaps, and including all elements of the detail type (e.g., payment for one foot of Detail 32 includes payment for all 4 lines making up the detail). Special curved and diagonal striping shall be
measured and paid for as the total lineal footage of all elements.

THERMOPLASTIC

PAVEMENT MARKING -
WHITE
(26)
SF
Includes cleaning surface, furnishing and installing markings.

Includes layout and placement of thermoplastic striping materials, including cleanup tools, equipment, incidentals and for doing all work involved as shown on the Plans, as
specified in these Special Provisions. All work shall conform to Section 84 of the State Standard Specifications, as shown on the plans, Technical Specifications, and described in the Special Provisions, or as directed by the City Engineer.

Pay item includes full compensation for all labor, materials, tools, equipment, and incidentals for placing traffic striping and markers of the detail types shown on the plans.

Measurement and payment shall be based on linear feet of roadway covered, without deduction for gaps, and including all elements of the detail type (e.g., payment for one foot of Detail 32 includes payment for all 4 lines making up the detail). Special curved and diagonal striping shall be
measured and paid for as the total lineal footage of all elements.

THERMOPLASTIC

PAVEMENT MARKING -
YELLOW
(27) SF
Includes cleaning surface, furnishing and installing markings.

Includes layout and placement of thermoplastic striping materials, including cleanup tools, equipment, incidentals and for doing all work involved as shown on the Plans, as
specified in these Special Provisions. All work shall conform to Section 84 of the State Standard Specifications, as shown on the plans, Technical Specifications, and described in the Special Provisions, or as directed by the City Engineer.

Pay item includes full compensation for all labor, materials, tools, equipment, and incidentals for placing traffic striping and markers of the detail types shown on the plans.

Measurement and payment shall be based on linear feet of roadway covered, without deduction for gaps, and including all elements of the detail type (e.g., payment for one foot of Detail 32 includes payment for all 4 lines making up the Attachment 3
351
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-23
detail). Special curved and diagonal striping shall be
measured and paid for as the total lineal footage of all elements.

PAVEMENT MARKERS (D)
(28) EA
All work shall conform to Section 20 of the City Standard Specifications and Section 82 of the State Standard
Specifications unless otherwise shown on the plans, specified in these specifications, or directed by the City Engineer.

Includes cleaning surface, furnishing and installing pavement markers. Includes layout and placement of pavement markers including cleanup tools, equipment, incidentals and for doing all work involved as shown on the Plans, as specified in these Special Provisions.

OBJECT MARKER (TYPE K1)
(29) EA
All work shall conform to Section 20 of the City Standard Specifications and Section 82 of the State Standard
Specifications unless otherwise shown on the plans, specified in these specifications, or directed by the City Engineer.

Includes providing all the labor, material, tools, equipment, and incidentals for relocating existing signs and posts as indicated on the Plans, as specified in these Special
Provisions. Final location of Markers will be verified by City Engineer.

ROADSIDE SIGN
(RELOCATE)
(30)
EA
Includes furnishing all labor, tools, equipment and incidentals for furnishing the materials to complete the relocation as indicated on the Plans, described in these Special Provisions.

All work shall conform to Section 20 of the City Standard Specifications and Section 82 of the State Standard
Specifications unless otherwise shown on the plans, specified in these specifications, or directed by the City Engineer. Pay item includes full compensation for furnishing and installing mounting hardware and sign panel. Sign panel sheeting,
frame, and protective overlay shall be paid for by this pay item. Measurement and payment shall be based on each sign panel, regardless of how many signs are on the same post (e.g., payment for two signs on one post would be paid for as two signs).

ROADSIDE SIGN (INSTALL)
(31) EA
Includes furnishing all labor, tools, equipment and incidentals for furnishing the materials, complete in place, new sign plate, posts, concrete, aluminum extrusion, mounting brackets, straps, hardware, sheeting and graffiti film., as indicated on the Plans, described in these Special Provisions. All work shall conform to Section 20 of the City Standard
Specifications and Section 82 of the State Standard
Specifications unless otherwise shown on the plans, specified in these specifications, or directed by the City Engineer. Pay item includes full compensation for furnishing and installing mounting hardware and sign panel. Sign panel sheeting,
frame, and protective overlay shall be paid for by this pay item. Measurement and payment shall be based on each sign panel, regardless of how many signs are on the same post (e.g., payment for two signs on one post would be paid for as two signs).

ADJUST WATER VALVE

COVER TO GRADE
(32) EA
All work shall conform to Section 10 of the City Standard Specifications and Section 71 of the State Standard
Specifications unless otherwise shown on the plans, specified in these specifications, or directed by the City Engineer. Pay item includes full compensation for furnishing all labor, materials, steel reinforcement, tools, equipment, hardware Attachment 3
352
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-24
and incidentals for raising valve to match new grade as shown on the plans.

INSTALL CATCH BASIN
(33)
EA
All work shall conform to Section 13 of City Standard
Specifications, Section 71 of the State Standard
Specifications unless otherwise shown on the plans, specified in these specifications, or directed by the City Engineer. Pay item includes full compensation for furnishing all labor, materials, bracing, dewatering, all excavation and trench protection for workers and public safety, soil preparation, back fill, compaction, steel reinforcement, tools, equipment, hardware and incidentals for installing storm drain as shown on the plans.

Item shall be furnishing all labor, materials, (including galvanization and re-galvanization after cutting), excavation and backfill, connecting drains to new or existing facilities, concrete collars, excavation, backfill, for furnishing and placing reinforcement steel, trash rack, tools, equipment and incidentals as shown on the Drawings, as specified in these Special Provisions or as directed by the Engineer.

INSTALL STORM DRAIN
(12" RCP)
(34) LF
Item must include all labor, materials, backfill,
trench/excavation restoration, paving, shoring, bracing, dewatering. tools, equipment and incidentals and for doing all work involved in reinforced concrete pipe as shown on the plans, in accordance with the contract documents and these Special Provisions.

RECTANGULAR RAPID

FLAHSING BEACON (RRFB)

ASSEMBLY
(35)
EA
During construction, contractor shall place sidewalk/crosswalk closed signs until the RRFBs are activated and fully
functional. Includes furnishing all materials, labor, tools, equipment and incidentals, complete in place for Carmanah or approved equal RRFB including, solar panel, battery, push button, new sign plate, posts, concrete, aluminum extrusion, mounting brackets, straps, hardware, sheeting, graffiti film, and programming as indicated on the Plans, described in these Special Provisions.

Measurement shall be for each assembly and shall include all equipment as included in the contract prices paid for RRFB, and no separate compensation will be allowed therefor.

TRAFFIC SIGNAL –

HARBOR BLVD / REED AVE
(36)
LS
All work shall conform to Section 18 of the City Standard Specification, State Standard Specifications, and these technical specifications unless otherwise shown on the plans or directed by the City Engineer. Pay item includes full compensation for providing schedule of values, work plan, TCP, furnishing all labor, materials, tools, equipment, hardware and incidentals to install all improvements called out on the Plans and specified in the technical specifications.

Work includes layout and setting forms, concrete placement, consolidation, finishing, curing, controller, electrical components, conduit, wiring, all vehicle detection, poles, mast arms, signs, signal faces and other items or appurtenances to deliver a fully operational traffic signal.

TRAFFIC SIGNAL –

HARBOR BLVD /

RIVERPOINT CT
(37)
LS
All work shall conform to Section 18 of the City Standard Specification, State Standard Specifications, and these technical specifications unless otherwise shown on the plans or directed by the City Engineer. Pay item includes full compensation for providing schedule of values, work plan, TCP, furnishing all labor, materials, tools, equipment, hardware and incidentals to install all improvements called out on the Plans and specified in the technical specifications.

Attachment 3
353
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-25
Work includes layout and setting forms, concrete placement, consolidation, finishing, curing, controller, electrical components, conduit, wiring, all vehicle detection, poles, mast arms, signs, signal faces and other items or appurtenances to deliver a fully operational traffic signal.

Traffic Signal – Harbor
Boulevard/Duluth Street
(38)
LS
All work shall conform to Section 18 of the City Standard Specification, State Standard Specifications, and these technical specifications unless otherwise shown on the plans or directed by the City Engineer. Pay item includes full compensation for providing schedule of values, work plan, traffic control plan (TCP), furnishing all labor, materials, tools, equipment, hardware and incidentals to install all
improvements called out on the Plans and specified in the technical specifications. Work includes layout and setting forms, concrete placement, consolidation, finishing, curing, controller, electrical components, conduit, wiring, all vehicle detection, poles, mast arms, signs, signal faces and other items or appurtenances to deliver a fully operational traffic signal.

TRAFFIC SIGNAL –

HARBOR BLVD /

EVERGREEN AVE
(39)
LS
All work shall conform to Section 18 of the City Standard Specification, State Standard Specifications, and these technical specifications unless otherwise shown on the plans or directed by the City Engineer. Pay item includes full compensation for providing schedule of values, work plan, traffic control plan (TCP), furnishing all labor, materials, tools, equipment, hardware and incidentals to install all
improvements called out on the Plans and specified in the technical specifications. Work includes layout and setting forms, concrete placement, consolidation, finishing, curing, controller, electrical components, conduit, wiring, all vehicle detection, poles, mast arms, signs, signal faces and other items or appurtenances to deliver a fully operational traffic signal.

TRAFFIC SIGNAL –

JEFFERSON BLVD /

SACRAMENTO AVE
(40)
LS
All work shall conform to Section 18 of the City Standard Specification, State Standard Specifications, and these technical specifications unless otherwise shown on the plans or directed by the City Engineer. Pay item includes full compensation for providing schedule of values, work plan, traffic control plan (TCP), furnishing all labor, materials, tools, equipment, hardware and incidentals to install all
improvements called out on the Plans and specified in the technical specifications. Work includes layout and setting forms, concrete placement, consolidation, finishing, curing, controller, electrical components, conduit, wiring, all vehicle detection, poles, mast arms, signs, signal faces and other items or appurtenances to deliver a fully operational traffic signal.

TRAFFIC SIGNAL –

JEFFERSON BLVD /

MICHIGAN BLVD
(41)
LS
All work shall conform to Section 18 of the City Standard Specification, State Standard Specifications, and these technical specifications unless otherwise shown on the plans or directed by the City Engineer. Pay item includes full compensation for providing schedule of values, work plan, traffic control plan (TCP), furnishing all labor, materials, tools, equipment, hardware and incidentals to install all
improvements called out on the Plans and specified in the technical specifications. Work includes layout and setting forms, concrete placement, consolidation, finishing, curing, controller, electrical components, conduit, wiring, all vehicle detection, poles, mast arms, signs, signal faces and other Attachment 3
354
1919832.3 7203-038
Supplemental Conditions (Special Provisions)
Highway Safety Improvement Project Page | 6-26
items or appurtenances to deliver a fully operational traffic signal.

Attachment 3
355
1919832.3 7203-038
Highway Safety Improvement Project
PART 7 TECHNICAL SPECIFICATIONS
Attachment 3
356
City of West Sacramento 1 HSIPL-5447 (047, 049, 050)

CITY OF WEST SACRAMENTO

INTERSECTION SAFETY IMPROVEMENT PROJECTS
HSIPL-5447 (047, 049, 050)

FINAL TECHNICAL SPECIFICATIONS
Attachment 3
357
City of West Sacramento 2 HSIPL-5447 (047, 049, 050)

THE SPECIAL PROVISIONS CONTAINED HEREIN HAVE BEEN PREPARED BY OR UNDER THE DIRECTION OF THE FOLLOWING REGISTERED ENGINEER:

Civil:

Daniel Carley, Registered Civil Engineer, C 76304
Electrical:

Robert Paderna, Registered Civil Engineer, C 73262
Attachment 3
358
City of West Sacramento 3 HSIPL-5447 (047, 049, 050)

DIVISION IV STANDARD CONSTRUCTION SPECIFICATIONS
All work to be done under this Contract shall conform to the applicable requirements of the City of West Sacramento, Department of Public Works, Standard Construction Specifications, herein referred to as the City Standard Specifications. Any item not included in City Standard Specifications shall be constructed in accordance with the State Standard Specifications and Standard Plans, 2023 Edition, herein referred to as State Standard Specifications or Caltrans Standard Specifications.

Whenever reference is made to "Standard Specifications", " it shall be interpreted to mean the State of California Department of Transportation Standard Specifications 2023 issued by the State of California Department of Transportation. Here the term "Special Provisions" is used in the Standard Specifications, it shall be understood to mean these Specifications.

The Standard Specifications as amended by these special provisions will apply to this project.

Special provisions are under headings that correspond with the main-section headings of the City Standard Specifications. A main-section heading is a heading shown in the table of contents of the City Standard Specifications.

Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications.

Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications.

When the word "Department" appears in the Specifications, it refers to the “City.”

REVISIONS TO STANDARD SPECIFICATION AND REVISED STANDARD SPECIFICATIONS (RSS) In the event of conflict between the City Standard Specifications, the State Standard Specifications, and/or these Special Provisions, the order of precedence for conflicting portions is as follows:

Special Provisions
City Standard Specifications
State Standard Specifications
Attachment 3
359
City of West Sacramento 4 HSIPL-5447 (047, 049, 050)

GENERAL
The requirements specified in Section 5-1.26 of the Standard Specifications shall be replaced as follows:

The Contractor shall be responsible to provide all surveys to control the lines, elevations, and dimensions of the work in conformance with the plans. Any deviation from the lines, elevations and dimensions shown on the plans must receive prior approval from the Engineer.

The Contractor shall be responsible for accuracy of his/her own layout work and shall be responsible and liable for the preservation of all established lines, grades, and layout points. Stakes damaged or destroyed by the public or operations of the Contractor will be replaced by the Contractor at his/her expense.

The Contractor shall be responsible for preserving all existing monumentation. The Contractor shall be responsible for filing Record of Survey with the County, as required.

The contract lump sum price paid for “Construction Staking” shall include full compensation for furnishing all labor, tools, materials, equipment, and incidentals and for doing all work involved in Construction Staking, complete in place, including monument preservation, filing Record of Survey, and/or Corner Records, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

Temporary traffic control work shall confirm with Section 12 of the State Standard Specifications except as noted herein.

TRAFFIC CONTROL
This work includes flagging, furnishing, placing and maintaining construction area signs and temporary traffic control devices, maintaining traffic, performing temporary traffic control system for lane closures, and placing temporary pavement delineation.

Comply with Section 7-1.03, "Public Convenience," Section 7-1.04, "Public Safety," and Section 12, "Temporary Traffic Control," of the Standard Specifications.

CONSTRUCTION AREA SIGNS
Construction area signs for temporary traffic control must be furnished, installed, maintained, and removed when no longer required.

The term “Construction Area Signs” includes all temporary signs required for the direction of public traffic through or around the work during construction as shown or referred to in the latest revisions of the 2014 Edition, of the California Manual on Uniform Traffic Control Devices (MUTCD).

QUALIFIED INDIVIDUAL
Traffic controls through the construction zone must be designed and maintained by designated personnel qualified in this responsibility. Qualification of the individual must comply with Sections 6C and 6E of the MUTCD.

TRAFFIC CONTROL PLAN
The Traffic Control and Detour plan must be drawn to scale and complete for each significant portion of the work requiring lane closures, traffic detours, restriction of public on-street parking, and/or restriction of traffic movements. The Traffic Control and Detour plan must indicate the work area, all proposed signs, the spacing and location of all traffic control devices (flashing arrow signs, flaggers, barricades, cones, portable delineators, etc.), the limits of proposed parking prohibitions, the width and location of any rerouted traffic lanes, and pedestrian detours for sidewalk closures, including provisions for maintaining Attachment 3
360
City of West Sacramento 5 HSIPL-5447 (047, 049, 050)
an Americans with Disabilities Act (ADA) compliant path of travel. Traffic control during non-work hours must be addressed in the traffic control plans.

Do not start work that requires traffic control until the Traffic Control and Detour plan is approved.

TEMPORARY TRAFFIC CONTROL DEVICES
Adequately delineate all open trenches by using acceptable warning signs and devices during nonconstruction hours. Submit a typical plan indicating the type and spacing of barricades, signs, flashing arrow signs, warning lights, portable delineators, construction tape, etc. to be used during nonconstruction hours. Submit this plan as part of the Traffic Control and Detour plan.

Place advance construction warning signs on all streets leading into the construction area before any construction is started.

Speed limit advisories may be placed along the main traffic lanes.

Place directional signs at each end and along the road when detours or changes in traffic lanes are required.

Place warning signs, caution signs, and end construction signs at the beginning and end of each street within the work limits and along the route when conditions warrant their use. Flashing arrow signs are required for every lane closure.

The Contractor is responsible for proper placement and maintenance of all signs and barricades. Any additional signs, barricades, lights, etc., that may be required by the Engineer to ensure public safety must be installed and maintained by the Contractor at no additional cost.

Temporary signs on weighted barricades and post bases are allowable for stationary mounted construction area signs, and excavation for signs is not required.

MAINTAINING TRAFFIC
Nothing in these special provisions relieves the Contractor from responsibility for public safety under to Section 7-1.03, “Public Convenience,” Section 7-1.04, Public Safety,” and Section 12, “Temporary Traffic Control,” of the Standard Specifications.

Provide a flagger when the work impacts public traffic crossing at a driveway, at a signalized intersection, where trucks enter or exit lanes carrying public traffic, and as determined by the Engineer.

Personal vehicles of the Contractor’s employees must not park in a location or manner that causes inconvenience to the public.

If work vehicles or equipment are parked within 6 feet of a traffic lane, close the shoulder area with fluorescent orange traffic cones or portable delineators. Place the cones or delineators on a taper in advance of the parked vehicles or equipment and along the edge of the traveled way at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. Use at least 9 cones or delineators for the taper. Use a W20-1, "Road Work Ahead," W21-5b, "Right/Left Shoulder Closed Ahead," or C24(CA), "Shoulder Work Ahead," sign mounted on a crashworthy, portable sign support with flags. The sign must be 48 by 48 inches and placed as ordered by the Engineer. If a cone or delineator is displaced or overturned, immediately restore the device to its original position or location.

Do not block driveways for long periods of time. Maintain access to all driveways before and after road material is placed. Limit the time between the asphalt preparation, placing, curing, and cleanup times so that vehicles may return the roadway to use. Place sand at driveways as needed to allow vehicles to pass.

Attachment 3
361
City of West Sacramento 6 HSIPL-5447 (047, 049, 050)
The full width of the traveled way must be open for use by public traffic on city streets before and after work on working days, on weekends, designated legal holidays, and when construction operations are not actively in progress. A full lane of travel, in both directions must be provided at all times.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer public traffic will be better served and the work expedited. Do not adopt such deviations until the Engineer has approved such request in writing.

Comply with Section 2.9, Traffic Control System for Lane Closure, of Section 3.07 of these Special Provisions.

Limit work that interferes with public traffic to the hours when lane closures are allowed, except for work required under Sections 7-1.03, "Public Convenience," and Section 7-1.04, "Public Safety," of the Standard Specifications.

The Contractor shall schedule the work to limit the disruption of on-street parking for residences within the project limits. The Contractor shall arrange the work in such a manner that adequate parking and access to properties are provided to residents within the active work area. The Contractor shall not block or remove on-street parking unless necessary for active construction operations.

The Contractor shall accommodate deliveries to residents throughout the construction.

CLOSURE REQUIREMENTS AND CONDITIONS
A. Closure Schedule
Submit a written schedule of planned lane closures for the next week period to the City Traffic Department, defined as Sunday noon through the following Sunday noon, by noon each Monday. The Closure Schedule must show the locations and times of the proposed closures.

Unless otherwise approved by the City, lane closures will not be allowed between the peak hours of 7 AM to 9 AM or 2 PM to 5 PM.

B. Contingency Plan
Prepare a detailed contingency plan for reopening closures to public traffic and submit it to the Engineer before work at the job site begins.

TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE
A traffic control system for lane closure consists of closing traffic lanes in conformance with the provisions of Section 12-3, “Temporary Traffic Control Devices,” of the Standard Specifications, and “Maintaining Traffic” of Section 3.07 of these Special Provisions.

During traffic stripe operations and pavement marker placement operations using bituminous adhesive, control traffic with either stationary or moving lane closures. During other operations, control traffic with stationary lane closures.

Attachment 3
362
City of West Sacramento 7 HSIPL-5447 (047, 049, 050)
During the hours of darkness, portable signs shown on the plans to be illuminated must be, at the option of the Contractor, either; illuminated signs in conformance with the provisions in Section 12-3.11B(3), “Portable Signs,” of the Standard Specifications; or Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sheeting on aluminum substrate signs for Seibulite Brand Ultralite Grade Series, encapsulated lens retroreflective sheeting signs; or approved equal.

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

When lane closures are made for work periods only, remove all components of the traffic control system, except for portable delineators placed along the traveled way.

Each vehicle used to place, maintain, and remove components of a traffic control system on multilane highways must be equipped with a Type II flashing arrow sign which must be in operation when the vehicle is being used for placing, maintaining, or removing the components. Vehicles equipped with Type II flashing arrow sign not involved in placing, maintaining or removing the components when operated within a stationary type lane closure must only display the caution display mode. The sign must be controllable by the operator of the vehicle while the vehicle is in motion. The flashing arrow sign shown in the MUTCD must not be used on the vehicles which are doing the placing, maintaining, and removing of components of a traffic control system and must be in place before a lane closure requiring the sign's use is completed.

All lane and shoulder closures require flashing arrow signs.

MEASUREMENT AND PAYMENT
The contract unit price for Bid Item 4 “Traffic Control System” shall not exceed 7% of the total cost of Bid Items 6 thru 34.

Full compensation for conforming to the requirements of this section is included in the contract lump sum price paid for “Traffic Control System”, and no additional compensation will be allowed therefor.

The contract lump sum price paid for “Traffic Control System” includes full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in construction area signs and traffic control, complete in place, including signs, portable changeable message signs, flashing arrow signs, placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system, temporary pavement delineation, and flagging, as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer.

Attachment 3
363
City of West Sacramento 8 HSIPL-5447 (047, 049, 050)
SECTION 3

EARTHWORK

3.01 GENERAL
Work shall confirm with Section 19 of the State Standard Specifications except as noted herein.

Add section 3.06 to the City Standard Specifications:

3.06 MOBILIZATION

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 and other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site.

Obtaining permits and licenses and paying all related fees, notification to the public, preparation and update of construction schedules, coordination and cooperation, attendance of project meetings, preparation of daily reports, contractor/subcontractor insurance and bonds, and maintaining record documents shall all be classified as mobilization.

Comply with Section 9-1.16D, "Mobilization" of the Caltrans Standard Specifications.

MEASUREMENT AND PAYMENT
The contract unit price for “Mobilization (5%)” shall not exceed 5% of the total cost of Bid Items 2 through

34. The contract lump sum price paid for “Mobilization (5%)” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in mobilization as specified herein.

SECTION 11 CONCRETE CURB, GUTTER, SIDEWALK AND DRIVEWAYS In addition to the requirements of Section 11 of the City Standard Specifications, the following shall apply:
73-1.03A GENERAL In addition to the requirements of Section 73-1.03A of the State Standard Specifications, the following shall apply:

Construct new sidewalk and new curb monolithically.

Do not deviate the shape and design of curb ramps and driveways with sidewalk from the standard plans unless noted on the project plans or approved by the Engineer. Do not free form these facilities.

Clean all sawcuts by abrasive blasting or other methods approved by the Engineer.

If new curb, sidewalk or driveway is constructed adjacent to existing curb, sidewalk or driveway, dowel the existing concrete to the new concrete with #4 reinforcing bars.

For new curb ramps, detectable warning surfaces shall be prefabricated tiles set directly in newly poured concrete; surface applied tiles or stamped into surface detectable warning surfaces will not be allowed on curb ramps.

Attachment 3
364
City of West Sacramento 9 HSIPL-5447 (047, 049, 050)
Reference out and restore any curb markings (S-indicating sanitary sewer lateral; W-indicating water service lateral; arrows and Roman Numerals-indicating ties to water main valves; high-pressure gas main) that may be destroyed by its work. In the case of construction of curb ramps where the vertical curb is eliminated new ties to water valves shall be made on the closest available vertical curb with proper direction of arrows and proper distances from water valve to tie indicated in three-inch (3") high Roman Numerals.

WATER TEST – FLAT GUTTERS
Prior to final acceptance, or as part of the preliminary final inspection, the Contractor, as directed by the Engineer, shall water test curbs with gutters on slopes of 0.75% or flatter and paved surfaces to verify proper drainage. Any ponding of water greater than ¼ inch depth will be considered as evidence of poor work techniques and shall be corrected by removing and replacing those portions of curb and gutter as necessary to comply with the requirements of this special provision, at no additional expense to the Agency.

MEASUREMENT AND PAYMENT
The contract price paid for minor concrete items shall be in accordance with the City Standard Construction Specifications, and as modified herein.

The contract unit price paid per each "Minor Concrete (Curb Ramp)" shall include full compensation for furnishing all labor, materials, tools, and complying with ADA requirements, furnishing and installing detectable warning surface, incidentals and equipment required to complete these items of the work, complete in place, as shown on the plans, as specified in the City of West Sacramento Standard Construction Specifications and Standard Details, the State Standard Specifications and these special provisions and as directed by the Engineer. Furnishing and installing curb ramp detectable warning surfaces shall be considered as included in the contract price and no separate payment will be made therefor.

The contract unit price paid per square foot for "Detectable Warning Surface (Surface Applied)” shall include full compensation for furnishing all labor, materials, tools, and complying with ADA requirements, placing detectable warning surface on existing surface, incidentals and equipment required to complete these items of the work, complete in place, as shown on the plans, as specified in the City of West Sacramento Standard Construction Specifications and Standard Details, the State Standard Specifications and these special provisions and as directed by the Engineer.

The contract unit price paid per square foot for "Detectable Warning Surface (Cast-in-Place)" shall include full compensation for furnishing all labor, materials, tools, and complying with ADA requirements, placing detectable warning surface, incidentals and equipment required to complete these items of the work, as shown on the plans, as specified in the City of West Sacramento Standard Construction Specifications and Standard Details, the State Standard Specifications and these special provisions and as directed by the Engineer.

Minor concrete within the pedestrian passageway/refuge islands and under the associated detectable warning surface (cast-in-place) is measured and paid for as Minor Concrete (Sidewalk).

The contract unit price paid per square foot for "Minor Concrete (Modified Type B Curb)" shall include full compensation for all labor, materials, tools, placing concrete, compaction, incidentals and equipment required to complete these items of the work, including dowels and epoxy agent, as shown on the plans, as specified in the City of West Sacramento Standard Construction Specifications and Standard Details, the State Standard Specifications and these special provisions and as directed by the Engineer.

The contract unit price paid per square foot for "Minor Concrete (Concrete Median)" shall include full compensation for all labor, materials, tools, placing concrete, stamping pattern, compaction, raising existing facilities to grade, incidentals and equipment required to complete these items of the work, as shown on the plans, as specified in the City of West Sacramento Standard Construction Specifications and Standard Details, the State Standard Specifications and these special provisions and as directed by the Engineer.

Attachment 3
365
City of West Sacramento 10 HSIPL-5447 (047, 049, 050)
SECTION 12 EXCAVATIONS
In addition to the requirements of Section 12 of the City Standard Specifications, the following shall apply:

Contractor’s attention is directed to the Preliminary Site Investigation (PSI) prepared by WRECO, dated December 2021 included as an appendix to these special provisions.

Soil samples collected on the south side of Sacramento Avenue at the intersection with Simon Terrace were found to contain lead concentrations above the STLC regulatory limit (5 mg/L) and is pre-classified as California Hazardous. Soil from these areas shall be segregated in stockpiles and disposed of at a Class I Landfill (per Section 25117/25141 of the California Health and Safety Code).

Arsenic concentrations for all 13 composite samples exceeded all RWQCB ESLs, and these areas will need to be managed for worker safety during construction.

Contractor shall develop a lead compliance plan in accordance with Section 7-1.02K(6)(j)(ii) Lead Compliance Plan of the Standard Specifications.

Contractor shall comply with the requirements of Section 14-11 Hazardous Waste and Contamination of the Standard Specifications.

Roadway excavation shall conform to the provisions in Section 19-2, “Roadway Excavation” of the Standard Specifications and these special provisions.

MEASUREMENT AND PAYMENT
The contract price paid per cubic yard for “Roadway Excavation” shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for performing all work necessary to complete roadway excavation work as described or specified in the contract documents, as shown on the plans, and as specified in these Special Provisions, and as directed by the engineer.

The contract price paid per cubic yard for “Roadway Excavation (CA Hazardous Waste)” shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for performing all work necessary to complete roadway excavation work as described or specified in the contract documents, including hauling to and disposal at a Class I landfill, as shown on the plans, and as specified in these Special Provisions, and as directed by the engineer.

SECTION 16 LANDSCAPING
In addition to the requirements of Section 16 of the City Standard Specifications, the following shall apply:

Landscaping installed where curb ramps or sidewalk is removed shall be of similar materials to match existing surrounding landscaping. Contractor shall submit proposed materials to engineer for review and approval prior to ordering and installation of planting and landscaping materials.

Contractor shall modify the existing irrigation system, as needed and to the satisfaction of the engineer according to the requirements of Section 17 of the City Standard Specifications, to serve the newly installed landscaping materials. Modification may include cutting and capping existing facilities no longer needed. Contractor shall submit irrigation modification plans to engineer for review and approval prior to ordering and installation of irrigation materials.

Decomposed Granite (DG) shall conform to the provisions in Section 20-5.03D, "Decomposed Granite", of the Standard Specifications and these Special Provisions. Contractor to provide material submittal for City approval prior to construction.

Attachment 3
366
City of West Sacramento 11 HSIPL-5447 (047, 049, 050)

MEASUREMENT AND PAYMENT
The contract price paid per square foot for “Decomposed Granite” shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for performing all work necessary to complete installation of decomposed granite work as described or specified in the contract documents, including furnishing all materials, as shown on the plans, as specified in Section 20, "Landscape" of the Standard Specifications, these specifications, and as directed by the Engineer The contract price paid per square foot for “Landscape” shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for performing all work necessary to complete landscaping work as described or specified in the contract documents, including planting and corrective irrigation work, as required by the engineer, as shown on the plans, as specified in Section 20, "Landscape" of the Standard Specifications, these specifications, and as directed by the Engineer. Provide a schedule of values for Landscape and irrigation materials within 10 days of notification of award of bid by creating a complete cost break-down for this contract item and quantities.

SECTION 21 TRAFFIC SIGNAL
In addition to the requirements of Section 21 of the City Standard Specifications, the following shall apply:

Add to the end of section 87-1.03T of the State Standard Specifications:

A manufacturer's representative must program the accessible pedestrian signals with messages at:

1. All Rectangular Rapid Flashing Beacon (RRFB) locations.

A manufacturer's representative must program the accessible pedestrian signals for a rectangular rapid flashing beacon crosswalk with the message “Yellow lights are Flashing”.

Replace Reserved in section 87-9 of the State Standard Specifications with:
87-9 RECTANGULAR RAPID FLASHING BEACON SYSTEMS
87-9.01 GENERAL
Section 87-9 includes specifications for constructing rectangular rapid flashing beacon (RRFB) systems.

RRFB system includes:

1. Foundations

2. Standards

3. RRFB assembly

4. Conductors

5. Standards

6. Signage

7. Enclosure

8. Solar panel assembly
The components of a RRFB system are shown on the project plans.

Rectangular Rapid Flashing Beacon (RRFB) shall comply with FHWA Interim Approval for the Optional Use of Pedestrian-Actuated Rectangular Rapid Flashing Beacons at Uncontrolled Marked Crosswalks (IA-21), dated March 20, 2018. The assembly shall be pedestrian push button activated.

Submit manufacturer’s Solar Energy Balance Report as an informational submittal. 87-9.02 MATERIALS
The RRFB housing shall contain two primary light bars mounted in compliance with MUTCD requirements. The housing shall have side emitting pedestrian confirmation lights. The LEDs used shall Attachment 3
367
City of West Sacramento 12 HSIPL-5447 (047, 049, 050)
be rated for a minimum 15-year life. The RRFB shall meet SAE J595 class 1 intensity and SAE J578 chromaticity.

The RRFB housing shall be made of powder-coated aluminum with a minimum thickness of 0.125”, and shall provide a mounting mechanism allowing for directional rotation of the primary light bars toward oncoming traffic at curves, corners, and roundabouts.

The controller shall auto-adjust RRFB brightness based on ambient light levels, and dim during night operations.

Flash duration shall be field-configurable to one second increments.

RRFB bars mounted on a pole shall be able to be independently aimed to optimize performance in each direction.

The controller enclosure (if required by manufacturer) shall be a NEMA 3R enclosure with a dead front panel and a hasp with a 7/16-inch hole for a padlock. The enclosure shall be powder coated, hot-dip galvanized, or factory-applied rust resistant prime coat and finish coat.

Push buttons for RRFB assembly shall be accessible pedestrian signals. 87-9.03 CONSTRUCTION
Perform the conductor and operational tests for the system. 87-9.04 PAYMENT
The contract price paid per each for "Rectangular Rapid Flashing Beacon (RRFB) Assembly" shall include full compensation for furnishing all labor, materials, tools, transportation, equipment, and incidentals and for doing all the work involved in RRFB assembly, complete in place, including concrete foundations, poles, solar panels, PPB, controller, signs, pull boxes, conduit, trenching, backfill, and connections to existing and proposed electrical service, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.

Attachment 3
368
City of West Sacramento 4 HSIPL-5447 (048)

GENERAL
The requirements specified in Section 5-1.26 of the Standard Specifications shall be replaced as follows:

The Contractor shall be responsible to provide all surveys to control the lines, elevations, and dimensions of the work in conformance with the plans. Any deviation from the lines, elevations and dimensions shown on the plans must receive prior approval from the Engineer.

The Contractor shall be responsible for accuracy of his/her own layout work and shall be responsible and liable for the preservation of all established lines, grades, and layout points. Stakes damaged or destroyed by the public or operations of the Contractor will be replaced by the Contractor at his/her expense.

The Contractor shall be responsible for preserving all existing monumentation. The Contractor shall be responsible for filing Record of Survey with the County, as required.

The contract lump sum price paid for “Construction Staking” shall include full compensation for furnishing all labor, tools, materials, equipment, and incidentals and for doing all work involved in Construction Staking, complete in place, including monument preservation, filing Record of Survey, and/or Corner Records, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

Attachment 3
369
City of West Sacramento 5 HSIPL-5447 (048)
SECTION 3

EARTHWORK

3.01 GENERAL
Work shall confirm with Section 19 of the State Standard Specifications except as noted herein.

Add section 3.06 to the City Standard Specifications:

3.06 MOBILIZATION

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 and other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site.

Obtaining permits and licenses and paying all related fees, notification to the public, preparation and update of construction schedules, coordination and cooperation, attendance of project meetings, preparation of daily reports, contractor/subcontractor insurance and bonds, and maintaining record documents shall all be classified as mobilization.

Comply with Section 9-1.16D, "Mobilization" of the Caltrans Standard Specifications.

MEASUREMENT AND PAYMENT
The contract unit price for “Mobilization (5%)” shall not exceed 5% of the total cost of Bid Items 4 through

9. The contract lump sum price paid for “Mobilization (5%)” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in mobilization as specified herein.

3.07 TRAFFIC CONTROL
SCOPE
This work includes flagging, furnishing, placing and maintaining construction area signs and temporary traffic control devices, maintaining traffic, performing temporary traffic control system for lane closures, and placing temporary pavement delineation.

Comply with Section 7-1.03, "Public Convenience," Section 7-1.04, "Public Safety," and Section 12, "Temporary Traffic Control," of the Standard Specifications.

CONSTRUCTION AREA SIGNS
Construction area signs for temporary traffic control must be furnished, installed, maintained, and removed when no longer required.

The term “Construction Area Signs” includes all temporary signs required for the direction of public traffic through or around the work during construction as shown or referred to in the latest revisions of the 2014 Edition, of the California Manual on Uniform Traffic Control Devices (MUTCD).

Attachment 3
370
City of West Sacramento 6 HSIPL-5447 (048)

PROJECT CONSTRUCTION ADVISORY
Provide a minimum of two (2) portable changeable message signs, for the area of work, conforming to the requirements in Section 12-3.32, “Portable Changeable Message Signs,” of the Standard Specifications placed at locations designated by the Engineer. Portable changeable message signs must be capable of displaying alphanumeric and numeric texts. The purpose of the portable changeable message signs is to convey to the public, a minimum of ten (10) calendar days in advance and during all lane closures, of upcoming and current construction work. Portable changeable message signs must be on a quiet operation system (no combustion engine). Portable changeable message signs, message, and placement must be addressed in the traffic control plans. The actual message will be modified as the work progresses to provide accurate, useful information to the public.

QUALIFIED INDIVIDUAL
Traffic controls through the construction zone must be designed and maintained by designated personnel qualified in this responsibility. Qualification of the individual must comply with Sections 6C and 6E of the MUTCD.

TRAFFIC CONTROL PLAN
The Traffic Control and Detour plan must be drawn to scale and complete for each significant portion of the work requiring lane closures, traffic detours, restriction of public on-street parking, and/or restriction of traffic movements. The Traffic Control and Detour plan must indicate the work area, all proposed signs, the spacing and location of all traffic control devices (flashing arrow signs, flaggers, barricades, cones, portable delineators, etc.), the limits of proposed parking prohibitions, the width and location of any rerouted traffic lanes, and pedestrian detours for sidewalk closures, including provisions for maintaining Attachment 3
371
City of West Sacramento 7 HSIPL-5447 (048)
an Americans with Disabilities Act (ADA) compliant path of travel. Traffic control during non-work hours must be addressed in the traffic control plans.

Do not start work that requires traffic control until the Traffic Control and Detour plan is approved.

TEMPORARY TRAFFIC CONTROL DEVICES
Adequately delineate all open trenches by using acceptable warning signs and devices during nonconstruction hours. Submit a typical plan indicating the type and spacing of barricades, signs, flashing arrow signs, warning lights, portable delineators, construction tape, etc. to be used during nonconstruction hours. Submit this plan as part of the Traffic Control and Detour plan.

Place advance construction warning signs on all streets leading into the construction area before any construction is started.

Speed limit advisories may be placed along the main traffic lanes.

Place directional signs at each end and along the road when detours or changes in traffic lanes are required.

Place warning signs, caution signs, and end construction signs at the beginning and end of each street within the work limits and along the route when conditions warrant their use. Flashing arrow signs are required for every lane closure.

The Contractor is responsible for proper placement and maintenance of all signs and barricades. Any additional signs, barricades, lights, etc., that may be required by the Engineer to ensure public safety must be installed and maintained by the Contractor at no additional cost.

Temporary signs on weighted barricades and post bases are allowable for stationary mounted construction area signs, and excavation for signs is not required.

MAINTAINING TRAFFIC
Nothing in these special provisions relieves the Contractor from responsibility for public safety under to Section 7-1.03, “Public Convenience,” Section 7-1.04, Public Safety,” and Section 12, “Temporary Traffic Control,” of the Standard Specifications.

Provide a flagger when the work impacts public traffic crossing at a driveway, at a signalized intersection, where trucks enter or exit lanes carrying public traffic, and as determined by the Engineer.

Personal vehicles of the Contractor’s employees must not park in a location or manner that causes inconvenience to the public.

If work vehicles or equipment are parked within 6 feet of a traffic lane, close the shoulder area with fluorescent orange traffic cones or portable delineators. Place the cones or delineators on a taper in advance of the parked vehicles or equipment and along the edge of the traveled way at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. Use at least 9 cones or delineators for the taper. Use a W20-1, "Road Work Ahead," W21-5b, "Right/Left Shoulder Closed Ahead," or C24(CA), "Shoulder Work Ahead," sign mounted on a crashworthy, portable sign support with flags. The sign must be 48 by 48 inches and placed as ordered by the Engineer. If a cone or delineator is displaced or overturned, immediately restore the device to its original position or location.

Attachment 3
372
City of West Sacramento 8 HSIPL-5447 (048)
Do not block driveways for long periods of time. Maintain access to all driveways before and after road material is placed. Limit the time between the asphalt preparation, placing, curing, and cleanup times so that vehicles may return the roadway to use. Place sand at driveways as needed to allow vehicles to pass.

The full width of the traveled way must be open for use by public traffic on city streets before and after work on working days, on weekends, designated legal holidays, and when construction operations are not actively in progress. A full lane of travel, in both directions must be provided at all times.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer public traffic will be better served and the work expedited. Do not adopt such deviations until the Engineer has approved such request in writing.

Comply with Section 2.9, Traffic Control System for Lane Closure, of Section 3.07 of these Special Provisions.

Limit work that interferes with public traffic to the hours when lane closures are allowed, except for work required under Sections 7-1.03, "Public Convenience," and Section 7-1.04, "Public Safety," of the Standard Specifications.

The Contractor shall schedule the work to limit the disruption of on-street parking for residences within the project limits. The Contractor shall arrange the work in such a manner that adequate parking and access to properties are provided to residents within the active work area. The Contractor shall not block or remove on-street parking unless necessary for active construction operations.

The Contractor shall accommodate deliveries to residents throughout the construction.

CLOSURE REQUIREMENTS AND CONDITIONS
A. Closure Schedule
Submit a written schedule of planned lane closures for the next week period to the City Traffic Department, defined as Sunday noon through the following Sunday noon, by noon each Monday. The Closure Schedule must show the locations and times of the proposed closures.

Unless otherwise approved by the City, lane closures will not be allowed between the peak hours of 7 AM to 9 AM or 2 PM to 5 PM.

B. Contingency Plan
Prepare a detailed contingency plan for reopening closures to public traffic and submit it to the Engineer before work at the job site begins.

Attachment 3
373
City of West Sacramento 9 HSIPL-5447 (048)

TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE
A traffic control system for lane closure consists of closing traffic lanes in conformance with the provisions of Section 12-3, “Temporary Traffic Control Devices,” of the Standard Specifications, and “Maintaining Traffic” of Section 3.07 of these Special Provisions.

During traffic stripe operations and pavement marker placement operations using bituminous adhesive, control traffic with either stationary or moving lane closures. During other operations, control traffic with stationary lane closures.

During the hours of darkness, portable signs shown on the plans to be illuminated must be, at the option of the Contractor, either; illuminated signs in conformance with the provisions in Section 12-3.11B(3), “Portable Signs,” of the Standard Specifications; or Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sheeting on aluminum substrate signs for Seibulite Brand Ultralite Grade Series, encapsulated lens retroreflective sheeting signs; or approved equal.

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

When lane closures are made for work periods only, remove all components of the traffic control system, except for portable delineators placed along the traveled way.

Each vehicle used to place, maintain, and remove components of a traffic control system on multilane highways must be equipped with a Type II flashing arrow sign which must be in operation when the vehicle is being used for placing, maintaining, or removing the components. Vehicles equipped with Type II flashing arrow sign not involved in placing, maintaining or removing the components when operated within a stationary type lane closure must only display the caution display mode. The sign must be controllable by the operator of the vehicle while the vehicle is in motion. The flashing arrow sign shown in the MUTCD must not be used on the vehicles which are doing the placing, maintaining, and removing of components of a traffic control system and must be in place before a lane closure requiring the sign's use is completed.

All lane and shoulder closures require flashing arrow signs.

MEASUREMENT AND PAYMENT
The contract unit price for Bid Item 2 “Traffic Control” shall not exceed 7% of the total cost of Bid Items 4 thru 9.

Full compensation for conforming to the requirements of this section is included in the contract lump sum price paid for “Traffic Control”, and no additional compensation will be allowed therefor.

The contract lump sum price paid for construction area signs & traffic control includes full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in construction area signs and traffic control, complete in place, including signs, portable changeable message signs, flashing arrow signs, placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system, temporary pavement delineation, and flagging, as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer.

Attachment 3
374
City of West Sacramento 10 HSIPL-5447 (048)