HomeMy WebLinkAbout2019-04-16; City Council; Resolution 2019-051RESOLUTION NO. 2019-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING TERMINATING A CONTRACT WITH PAL GENERAL
ENGINEERING, INC., APPROVING THE PLANS AND SPECIFICATIONS AND
AUTHORIZING THE CITY CLERK TO RE-ADVERTISE FOR BIDS, ALL RELATING
TO THE 2018 PAVEMENT OVERLAY, CAPITAL IMPROVEMENT PROGRAM
(CIP) PROJECT NO. 6001-18OL.
Exhibit 1
WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary,
desirable, and in the public interest to resurface city streets in accordance with the city's ongoing
Pavement Management Program (Program); and
WHEREAS, staff determined that a previously awarded construction contract with PAL for the
2018 Pavement Overlay, Capital Improvement Program (CIP) Project No. 6001-18OL (Project), was no
longer feasible due to material availability issues and that re-advertising for bids with a different material
provides the best value to the city; and
WHEREAS, PAL General Engineering, Inc. has requested that their contract be terminated and
has signed a Mutual Rescission of Contract Amendment; and
WHEREAS, staff is recommending that the prior contract with PAL for the 2018 Pavement
Overlay, CIP Project No. 6001-18OL be terminated; and
WHEREAS, the new plans, specifications, and contract documents for the Project, have been
prepared and are on file in the city clerk's office and are incorporated herein by reference; and
WHEREAS, sufficient Program funds are available to complete the Project; and
WHEREAS, the Project is exempt from the California Environmental Quality Act (CEQA) pursuant
to CEQA Guidelines Section 15301(c).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad hereby terminates the prior contract with
PAL General Engineering, Inc. for the 2018 Pavement Overlay, Capital Improvement
Program (CIP) Project No. 6001-18OL.
3. That the Mayor of the City of Carlsbad is authorized and directed to execute the Mutual
Rescission of Contract Agreement.
April 16, 2019 Item #3 Page 4 of 146
4. That the plans, specifications, and contract documents for the Project, incorporated
herein and on file in the city clerk's office, are hereby approved by the City Council of
the City of Carlsbad.
5. The city clerk of the City of Carlsbad is hereby authorized and directed to publish, in
accordance with State law, a notice to contractors inviting bids for the construction of
the Project, in accordance with the plans, specifications, and contract documents
referred to herein.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 16th day of April 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None.
(SEAL)
April 16, 2019 Item #3 Page 5 of 146
Revised 6/12/18 Contract No. 6001-18OL Page 1 of 118 Pages
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS,
GENERAL PROVISIONS,
SUPPLEMENTAL PROVISIONS, AND
TECHNICAL SPECIFICATIONS
FOR
2018 PAVEMENT OVERLAY
CONTRACT NO. 6001-18OL
BID NO. PWS19-754TRAN(RE-BID)
Exhibit 3
April 16, 2019 Item #3 Page 7 of 146
Revised 6/12/18 Contract No. 6001-18OL Page 2 of 118 Pages
TABLE OF CONTENTS
Item Page
NOTICE INVITING BIDS ..................................................................................................................... 6
CONTRACTOR'S PROPOSAL .......................................................................................................... 11
BID SECURITY FORM ...................................................................................................................... 16
BIDDER'S BOND TO ACCOMPANY PROPOSAL ............................................................................ 17
GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTORS” FORM .................... 18
DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS .... 20
BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ......................................... 21
BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY,
AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION ...................................................... 22
BIDDER'S STATEMENT RE DEBARMENT ...................................................................................... 23
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD ...................................................................... 24
NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 26
CONTRACT PUBLIC WORKS .......................................................................................................... 27
LABOR AND MATERIALS BOND ..................................................................................................... 33
FAITHFUL PERFORMANCE/WARRANTY BOND ............................................................................ 35
OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION ........ 37
GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS ............................................................................................................................ 40
1-3 ABBREVIATIONS ............................................................................................................ 44
1-4 UNITS OF MEASURE. .................................................................................................... 47
1-5 SYMBOLS ........................................................................................................................ 49
SECTION 2 – SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT .................................................................. 49
2-2 ASSIGNMENT ................................................................................................................. 49
2-3 SUBCONTRACTS ........................................................................................................... 49
2-4 CONTRACT BONDS ....................................................................................................... 50
2-5 PLANS AND SPECIFICATIONS ...................................................................................... 52
2-6 WORK TO BE DONE ....................................................................................................... 55
2-7 SUBSURFACE DATA ...................................................................................................... 55
2-8 RIGHT-OF-WAY .............................................................................................................. 55
2-9 SURVEYING .................................................................................................................... 56
2-10 AUTHORITY OF BOARD AND ENGINEER .................................................................... 57
2-11 INSPECTION ................................................................................................................... 57
SECTION 3 – CHANGES IN WORK
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3-1 CHANGES REQUESTED BY THE CONTRACTOR. ....................................................... 57
3-2 CHANGES INITIATED BY THE AGENCY. ...................................................................... 58
3-3 EXTRA WORK. ................................................................................................................ 59
3-4 CHANGED CONDITIONS ............................................................................................... 61
3-5 DISPUTED WORK ........................................................................................................... 63
SECTION 4 – CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. .............................................................................. 69
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. .................................. 74
SECTION 5 – UTILITIES 5-1 LOCATION ....................................................................................................................... 75
5-2 PROTECTION ................................................................................................................. 75
5-3 REMOVAL ....................................................................................................................... 76
5-4 RELOCATION .................................................................................................................. 76
5-5 DELAYS ........................................................................................................................... 77
5-6 COOPERATION .............................................................................................................. 77
SECTION 6 – PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK ............................ 78
6-2 PROSECUTION OF WORK ............................................................................................ 82
6-3 SUSPENSION OF WORK. .............................................................................................. 82
6-4 DEFAULT BY CONTRACTOR ........................................................................................ 83
6-5 TERMINATION OF CONTRACT ..................................................................................... 83
6-6 DELAYS AND EXTENSIONS OF TIME .......................................................................... 83
6-7 TIME OF COMPLETION. ................................................................................................. 84
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY ........................................................ 85
6-9 LIQUIDATED DAMAGES ................................................................................................ 86
6-10 USE OF IMPROVEMENT DURING CONSTRUCTION ................................................... 86
SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES ......................................................... 87
7-2 LABOR ............................................................................................................................. 87
7-3 LIABILITY INSURANCE .................................................................................................. 87
7-4 WORKERS’ COMPENSATION INSURANCE ................................................................. 87
7-5 PERMITS ......................................................................................................................... 88
7-6 THE CONTRACTOR’S REPRESENTATIVE ................................................................... 88
7-7 COOPERATION AND COLLATERAL WORK ................................................................. 88
7-8 PROJECT SITE MAINTENANCE .................................................................................... 89
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS ........................ 91
7-10 PUBLIC CONVENIENCE AND SAFETY ......................................................................... 91
7-11 PATENT FEES OR ROYALTIES ..................................................................................... 98
7-12 ADVERTISING ................................................................................................................. 98
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7-13 LAWS TO BE OBSERVED .............................................................................................. 98
7-14 ANTITRUST CLAIMS ...................................................................................................... 98
SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
SECTION 9 – MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. ..................................... 99
9-2 LUMP SUM WORK .......................................................................................................... 99
9-3 PAYMENT ........................................................................................................................ 99
9-4 BID ITEMS ..................................................................................................................... 103
SUPPLEMENTAL PROVISIONS
TO
“GREEN BOOK”
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS .................................................................................. 104
SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE .................................................................................................. 104
203-16 POLYMER MODIFIED ASPHALT CONCRETE (PMAC) ............................................. 106
SECTION 206 - MISCELLANEOUS METAL ITEMS
206-7 PORTABLE CHANGEABLE MESSAGE SIGN (PCMS) ............................................ 107
SECTION 213 - ENGINEERING GEOSYNTHETICS 213-5 GEOTEXTILES AND GEOGRIDS .................................................................................. 108
SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT
MARKERS
214-4 PAINT FOR STRIPING AND MARKINGS ...................................................................... 108
214-6.4 RETROREFLECTIVE PAVEMENT MARKERS .......................................................... 108
PART 3, CONSTRUCTION METHODS
SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT ............................................................................. 113
302-15 ASPHALT PAVEMENT REPAIRS AND REMEDIATION ............................................. 114
SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT
MARKERS
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS ......... 115
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKERS .... 116
314-5 PAVEMENT MARKERS ................................................................................................. 117
SECTION 315 - TEMPORARY TRAFFIC CONTROL DEVICES
315-1 TEMPORARY TRAFFIC PAVEMENT MARKERS ......................................................... 117
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315-2 TEMPORARY TRAFFIC SIGNING ................................................................................ 118
315-4 MEASUREMENT AND PAYMENT ................................................................................. 118
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 11am on May 20, 2019, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened
and read, for performing the work as follows: Cold mill, pave, and stripe various streets.
2018 PAVEMENT OVERLAY
CONTRACT NO. 6001-18OL
BID NO. PWS19-754TRAN (RE-BID)
INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS
This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable
offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security
of the second and third next lowest responsive bidders may be withheld until the Contract has been
fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law
(Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this
Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited
with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the
handling of retentions under this section in an amount not less than $100,000 per contract.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a
contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
The work shall be performed in strict conformity with the plans, provisions, and specifications as
approved by the City Council of the City of Carlsbad on file with the City Clerk’s Office at 1200 Carlsbad Village Drive, Carlsbad, CA 92008-7314. The specifications for the work include City of Carlsbad
Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3,
current edition at time of bid opening and the supplements thereto as published by the
"Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated “SSPWC”, as
amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly
executed including notarization, where indicated.
1. Contractor's Proposal
2. Bidder's Bond
April 16, 2019 Item #3 Page 12 of 146
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3. Noncollusion Declaration
4. Designation of Subcontractor and Amount of Subcontractor’s Bid
5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a)
7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may
be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract.
8. Bidder’s Statement Re Debarment
9. Bidder's Disclosure of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to
use the Escrow Agreement for Security)
ENGINEER’S ESTIMATE
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
$2,248,869.
TIME OF COMPLETION
The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7.
SPECIALTY CONTRACTORS:
ACCEPTABLE LICENSE TYPES
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with California law. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in
the proposal, under penalty of perjury. This invitation to bid does not include federal funds. The
following classifications are acceptable for this contract: Classification A - General Engineering, or
C12: Earthwork and Paving.
ESCROW AGREEMENT
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date.
OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at from the
City’s website http://www.carlsbadca.gov/services/depts/finance/contracting/bids.asp. Paper copies
will not be sold.
INTENT OF PLANS AND SPECIFICATIONS
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Contract Administrator a written request for clarification or
correction. Any response will be made only by a written addendum duly issued by the Contract Administrator and distributed via PlanetBids. No oral response will be made to such inquiry. Prior to
the award of the contract, no addition to, modification of or interpretation of any provision in
the contract documents will be given by any agent, employee or contractor of the City of
Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any
agent, employee or contractor of the City of Carlsbad except as hereinbefore specified.
April 16, 2019 Item #3 Page 13 of 146
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REJECTION OF BIDS
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
PREVAILING WAGE TO BE PAID
The general prevailing rate of wages for each craft or type of worker needed to execute the Con- tract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of
applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed
by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any
contract for public work, unless currently registered and qualified to perform public work pursuant to
Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which
generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with
Section 1776.
PRE-BID MEETING
A pre-bid meeting and tour of the project site will not be held.
UNIT PRICES AND COMPUTATION OF BIDS
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and
figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected
extension shall be calculated, and the bids will be computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
BIDDER’S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely
to:
Graham Jordan, Contract Administrator pwcontractadmin@carlsbadca.gov
Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details
or specification sheets.
The cutoff date to submit questions regarding this project is Wednesday, May 8, 2019. No questions
will be entertained after that date.
April 16, 2019 Item #3 Page 14 of 146
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The answers to questions submitted during the bidding period will be published in an addendum and
made available via PlanetBids by Tuesday, May 14, 2019.
ADDENDUMS
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
BOND AND INSURANCE REQUIREMENTS
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect
and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to
or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the
insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled.
Workers' compensation insurance required under this contract must be offered by a company meeting
the above standards with the exception that the Best's rating condition is waived. The City does accept
policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor
fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
April 16, 2019 Item #3 Page 15 of 146
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BUSINESS LICENSE
The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad
Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. ______________,
adopted on the ________day of ______________________, 20_____.
Date Deputy Clerk
April 16, 2019 Item #3 Page 16 of 146
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CITY OF CARLSBAD
2018 PAVEMENT OVERLAY
CONTRACT NO. 6001-18OL
CONTRACTOR'S PROPOSAL
City Council
City of Carlsbad 1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and
addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 6001-18OL in accordance with the Plans,
Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will
take in full payment therefore the following unit prices for each item complete, to wit:
Item No.
Description
Approximate
Quantity And Unit
Unit Price (Figures)
Total Amount (Figures)
1 Mobilization at 1 Stipulated $ 25,000 $ 25,000
(Price in Words)
2 Public Notification of Work at 1 Lump Sum $
(Price in Words)
3 Traffic Control & Traffic Control
Plan at
1 Lump Sum $
(Unit Price in Words)
4 2" AC Cold Milling and
Disposal of Grindings at
114,372
Square Feet
$ $
(Price in Words)
5 2.5" AC Cold Milling and Disposal of Grindings at 888,620 Square Feet $ $
(Price in Words)
April 16, 2019 Item #3 Page 17 of 146
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Item
No.
Description
Approximate
Quantity
And Unit
Unit Price
(Figures)
Total Amount
(Figures)
6 4.5" AC Cold Milling and
Disposal of Grindings at
19,000
Square Feet
$ $
(Price in Words)
7 PG 64-28PM C2 at 16,142 Tons $ $
(Unit Price in Words)
8 PG 76-22PM C2 at 550 Tons $ $
(Unit Price in Words)
9 Replace Traffic Signal Detector
Loops Type E at
13 Each $ $
(Unit Price in Words)
10 Install Blue Fire Hydrant Markers at 32 Each $ $
(Unit Price in Words)
11 Install Temporary Pavement
Markers at
1 Lump Sum $
(Unit Price in Words)
12 Signing, Striping, Thermo, and
RPM's per Plans and MUTCD
at
1 Lump Sum $
(Unit Price in Words)
13 Replace water valve boxes and
adjust to grade at
137 Each $ $
(Unit Price in Words)
April 16, 2019 Item #3 Page 18 of 146
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Item
No.
Description
Approximate
Quantity
And Unit
Unit Price
(Figures)
Total Amount
(Figures)
14 Replace monument boxes and
adjust to grade at
10 Each $ $
(Unit Price in Words)
Total amount of bid in words (Item No.(s) 1-14):
Total amount of bid in numbers (Item No.(s) 1-14): $
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). ____________________ has/have been received and is/are included in this
proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not
be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under
license number _________________________, classification ________________ which expires on _______________________, and Department of Industrial Relations PWC registration number
________________________ which expires on _______________________, and that this statement
is true and correct and has the legal effect of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business
and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by
the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested,
directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter
into this Contract, excepting only those contained in this form of Contract and the papers made a part
hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for
the same work, and is in all respects fair and without collusion or fraud.
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Accompanying this proposal is ______________________________(Cash, Certified Check, Bond or
Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract is
complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to
the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number) City and State
(4) Zip Code Telephone No.
(5) E-Mail
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)
(3) Place of Business
(Street and Number) City and State
(4) Zip Code Telephone No.
(5) E-Mail
April 16, 2019 Item #3 Page 20 of 146
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IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted
(2)
(Signature)
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of
(4) Place of Business
(Street and Number) City and State
(5) Zip Code Telephone No.
(6) E-Mail
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
_____________________________________ _____________________________________
_____________________________________ _____________________________________
_____________________________________ _____________________________________
_____________________________________ _____________________________________
_____________________________________ _____________________________________
_____________________________________ _____________________________________
_____________________________________ _____________________________________
_____________________________________ _____________________________________
April 16, 2019 Item #3 Page 21 of 146
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BID SECURITY FORM
(Check to Accompany Bid)
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CONTRACT NO. 6001-18OL
PWS19-754TRAN (RE-BID)
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of __________________________________________________________
______________________________________________________ dollars ($________________),
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder.
_______________________________________
_______________________________________ BIDDER
_________________
*Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
April 16, 2019 Item #3 Page 22 of 146
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we, _______________________________, as Principal, and __________________________, as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows:
(must be at least ten percent (10%) of the bid amount) __________________________ for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for:
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CONTRACT NO. 6001-18OL
PWS19-754TRAN (RE-BID)
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award,
then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City.
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond.
SIGNED AND SEALED, this day of , 20
(SEAL) (Principal)
By: (Signature)
(Print Name/Title)
(SEAL) (Surety)
(Signature)
(Print Name/Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE)
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorney
By: Deputy City Attorney
April 16, 2019 Item #3 Page 23 of 146
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GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTORS” FORM
REFERENCES Prior to preparation of the following “Subcontractor Disclosure Form” Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Own
Organization”, “Subcontractor”, and “Work”. Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions.
CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information
may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than
50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so
designated by the Engineer on the “Contractor’s Proposal” are not included in computing the
percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California
whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets
and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be
set forth and included as an integral part of the bid offer.
The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid. Failure
to provide complete and correct information may result in rejection of the bid as non-responsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid
item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to
be performed by the Subcontractor installing said item.
When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The
explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract amounts for purposes of award of the contract shall be deter- mined
by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final.
April 16, 2019 Item #3 Page 24 of 146
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Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible
to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated.
April 16, 2019 Item #3 Page 25 of 146
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DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
(To Accompany Proposal)
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CONTRACT NO. 6001-18OL
PWS19-754TRAN (RE-BID)
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this
bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100
et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in
excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for
construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors
listed work will be made except upon the prior approval of the Agency.
SUBCONTRACTOR’S BID ITEMS
Portion
of Work
Subcontractor Name
and
Location of Business
Phone No.
and Email
Address
DIR
Registration
No.
Subcontractor’s
License No. and
Classification
Amount of
Work by
Subcontract
or in Dollars*
Page _____ of _____ pages of this Subcontractor Designation form
_________________
* Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.”
April 16, 2019 Item #3 Page 26 of 146
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BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
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CONTRACT NO. 6001-18OL
PWS19-754TRAN (RE-BID)
The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will
enable the City to judge his/her responsibility, experience and skill. An attachment can be used.
Date
Contract
Completed
Name and Address
of the Employer
Name and Phone No.
of Person to
Contract
Type of Work
Amount
of
Contract
April 16, 2019 Item #3 Page 27 of 146
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BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
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CONTRACT NO. 6001-18OL
PWS19-754TRAN (RE-BID)
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer’s Liability
2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s
Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled.
April 16, 2019 Item #3 Page 28 of 146
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BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
2018 PAVEMENT OVERLAY
CONTRACT NO. 6001-18OL
PWS19-754TRAN (RE-BID)
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another
jurisdiction in the State of California?
______ ______
yes no
2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred
agency
period of debarment
party debarred
agency
period of debarment
BY CONTRACTOR:
(name of Contractor)
By: (sign here)
(print name/title)
Page _____ of _____ pages of this Re Debarment form
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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
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CONTRACT NO. 6001-18OL
PWS19-754TRAN (RE-BID)
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the
alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period?
______ ______ yes no
2) Has the suspension or revocation of your contractor’s license ever been stayed?
______ ______ yes no
3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period?
______ ______
yes no
4) Has the suspension or revocation of the license of any subcontractor’s that you propose to perform
any portion of the Work ever been stayed?
______ ______ yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefore.
(If needed attach additional sheets to provide full disclosure.)
Page _____ of _____ pages of this Disclosure of Discipline form
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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED) (To Accompany Proposal)
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CONTRACT NO. 6001-18OL
PWS19-754TRAN (RE-BID)
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who’s
discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the
nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
(name of Contractor)
By:
(sign here)
(print name/title)
Page _____ of _____ pages of this Disclosure of Discipline form
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NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
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CONTRACT NO. 6001-18OL
PWS19-754TRAN (RE-BID)
The undersigned declares:
I am the ____________ of ______________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid,
and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby represents
that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________________________, 20____ at _________ [city], ________ [state].
________________________________________________
Signature of Bidder
April 16, 2019 Item #3 Page 32 of 146
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CONTRACT
PUBLIC WORKS
This agreement is made this ____________ day of ________________________________, 20___, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and ________________________________________________ whose principal place of business is ______________________________________________________________________________
(hereinafter called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents for:
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CONTRACT NO. 6001-18OL
PWS19-754TRAN (RE-BID)
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors,
Technical Ability and Experience, Bidder’s Statement Re Debarment, Escrow Agreement, Release
Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in
accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of
which are incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of
this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code
Section 9203.
April 16, 2019 Item #3 Page 33 of 146
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5. Independent Investigation. Contractor has made an independent investigation of the jobsite,
the soil conditions at the jobsite, and all other conditions that might affect the progress of the work,
and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or other
job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and
has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall promptly,
and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as
defined in section 25117 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.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated.
C. Unknown Physical Conditions. Unknown physical 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.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under
the contract. Contractor shall retain any and all rights provided either by contract or by law which
pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of
the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors
to comply with Section 1776.
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9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City.
(B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its
officials, employees or volunteers. All additional insured endorsements must be evidenced using
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separate documents attached to the certificate of insurance; one for each company affording general
liability, and employers’ liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that 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.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public
Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included
in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter
1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204
and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract,
all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
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Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections 12650
et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims
Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor
from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County, California.
I have read and understand all provisions of Section 11 above. ________ init ________ init
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City,
upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of
the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the
return of this Contract. Contractor shall notify the City by certified mail of any change of address of
such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract.
15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it
April 16, 2019 Item #3 Page 37 of 146
Revised 6/12/18 Contract No. 6001-18OL Page 32 of 118 Pages
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 the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.
16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
(CORPORATE SEAL)
CONTRACTOR:
(name of Contractor)
By: (sign here)
(print name and title)
By: (sign here)
(print name and title)
CITY OF CARLSBAD a municipal corporation of the State of California
By: Matt Hall, Mayor
ATTEST:
Barbara Engleson, City Clerk
President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM: CELIA A. BREWER
City Attorney
By:
Deputy City Attorney
April 16, 2019 Item #3 Page 38 of 146
Revised 6/12/18 Contract No. 6001-18OL Page 33 of 118 Pages
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.
___________________, adopted _______________________________________, has awarded to
________________________________________________________________________________ (hereinafter designated as the "Principal"), a Contract for:
2018 PAVEMENT OVERLAY
CONTRACT NO. 6001-18OL
PWS19-754TRAN (RE-BID) in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for
any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, ________________________________________________________, as Principal, (hereinafter designated as the "Contractor"), and ______________________________
__________________________________ as Surety, are held firmly bound unto the City of Carlsbad
in the sum of _____________________________________________________________________ _______________________________________________________ Dollars ($_______________),
said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail
to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 9100, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with California Civil Code section 9554.
This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100,
so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
April 16, 2019 Item #3 Page 39 of 146
Revised 6/12/18 Contract No. 6001-18OL Page 34 of 118 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this
day of , 20 .
CONTRACTOR:
(name of Contractor)
By:
(sign here)
(print name here)
(title and organization of signatory)
By: (sign here)
(print name here)
(title and organization of signatory)
Executed by SURETY this day
of , 20 .
SURETY:
(name of Surety)
(address of Surety)
(telephone number of Surety)
By:
(signature of Attorney-in-Fact)
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power
of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate
seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorney
By:
Deputy City Attorney
April 16, 2019 Item #3 Page 40 of 146
Revised 6/12/18 Contract No. 6001-18OL Page 35 of 118 Pages
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
No.______________, adopted ________________________________________, has awarded to
_____________________________________________________________________, (hereinafter designated as the "Principal"), a Contract for:
2018 PAVEMENT OVERLAY
CONTRACT NO. 6001-18OL
PWS19-754TRAN (RE-BID) in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other
Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, _______________________________________________, as Principal, (hereinafter designated as the "Contractor"), and _________________________________________
_____________________________, as Surety, are held and firmly bound unto the City of Carlsbad,
in the sum of _____________________________________________________________________ ______________________________________________________ Dollars ($________________),
said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be
paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of
time, alterations or addition to the terms of the contract or to the work or to the specifications.
April 16, 2019 Item #3 Page 41 of 146
Revised 6/12/18 Contract No. 6001-18OL Page 36 of 118 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this
day of , 20 .
CONTRACTOR:
(name of Contractor)
By:
(sign here)
(print name here)
(Title and Organization of Signatory)
By:
(sign here)
(print name here)
(Title and Organization of signatory)
Executed by SURETY this day of
, 20 .
SURETY:
(name of Surety)
(address of Surety)
(telephone number of Surety)
By:
(signature of Attorney-in-Fact)
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current
power of attorney.)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: CELIA A. BREWER
City Attorney
By:
Deputy City Attorney
April 16, 2019 Item #3 Page 42 of 146
Revised 6/12/18 Contract No. 6001-18OL Page 37 of 118 Pages
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address
is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
________________________________________________________________whose address is
__________________________________________________________________hereinafter called "Contractor" and ___________________________________________________ whose address is
______________________________________________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the
City and Contractor for
2018 PAVEMENT OVERLAY
CONTRACT NO. 6001-18OL
PWS19-754TRAN (RE-BID)
in the amount of ___________________________ dated ______________ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of
the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a
substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash
amount then required to be withheld as retention under the terms of the contract between the City and
Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow
Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All
terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally
applicable and binding when the City pays the Escrow Agent directly.
4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
April 16, 2019 Item #3 Page 43 of 146
Revised 6/12/18 Contract No. 6001-18OL Page 38 of 118 Pages
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the
Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less
escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold
Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities
and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice
on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City: Title FINANCE DIRECTOR
Name
Signature
Address 1635 Faraday Avenue, Carlsbad, CA 92008
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
April 16, 2019 Item #3 Page 44 of 146
Revised 6/12/18 Contract No. 6001-18OL Page 39 of 118 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
For City:
Title MAYOR Name
Signature
Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008
For Contractor: Title
Name
Signature
Address
For Escrow Agent:
Title
Name
Signature
Address
April 16, 2019 Item #3 Page 45 of 146
Revised 11/24/10 Contract No. 6001-18OL Page 40 of 118
GENERAL PROVISIONS
FOR
2018 PAVEMENT OVERLAY
CONTRACT NO. 6001-18OL
PWS19-754TRAN (RE-BID)
CITY OF CARLSBAD
BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1,
GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION
SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND
SYMBOLS
1-1 TERMS – Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or
words of like meaning, refer to actions, expressions, and prerogatives of the Engineer.
1-1.1 Reference to Drawings. Where words "shown”, "indicated”, "detailed”, "noted”,
"scheduled”, or words of similar import are used, it shall be understood that reference is made to
the plans accompanying these provisions, unless stated otherwise.
1-1.2 Directions. Where words "directed”, "designated”, "selected”, or words of similar import
are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be
understood to mean "as required to properly complete the work as required and as approved by
the Engineer," unless stated otherwise.
1-1.3 Equals and Approvals. Where the words "equal”, "approved equal”, "equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer”, unless otherwise stated. Where the words
"approved”, "approval”, "acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended.
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation.
April 16, 2019 Item #3 Page 46 of 146
Revised 11/24/10 Contract No. 6001-18OL Page 41 of 118
1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the
definitions assigned to them herein.
Addendum – Written or graphic instrument issued prior to the opening of Bids which clarifies,
corrects, or changes the bidding or Contract Documents. The term Addendum shall include
bulletins and all other types of written notices issued to potential bidders prior to opening of Bids.
Agency – The City of Carlsbad, California.
Agreement – See Contract.
Assessment Act Contract – A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County.
Base – A layer of specified material of planned thickness placed immediately below the pavement or surfacing.
Bid – The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices
for the Work.
Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid
for the Work, acting directly or through a duly authorized representative.
Board – The officer or body constituting the awarding authority of the Agency, which is the City
Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District.
Bond – Bid, performance, and payment bond or other instrument of security.
City Council – the City Council of the City of Carlsbad.
City Manager – the City Manager of the City of Carlsbad or his/her approved representative.
Cash Contract – A Contract financed by means other than special assessments.
Change Order – A written order to the Contractor signed by the Agency directing an addition,
deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued
after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor.
Code – The terms Government Code, Labor Code, etc., refer to codes of the State of California.
Construction Manager– the Project Inspector’s immediate supervisor and first level of appeal
for informal dispute resolution.
Contract – The written agreement between the Agency and the Contractor covering the Work.
Contract Documents – Including but not limited to; the Contract, any Addendum (which pertain
to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including
documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions,
April 16, 2019 Item #3 Page 47 of 146
Revised 11/24/10 Contract No. 6001-18OL Page 42 of 118
permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications
issued after the execution of the Contract.
Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a
Contract with the Agency to perform the Work. In the case of work being done under permit issued
by the Agency, the permittee shall be constructed to be the Contractor. The term “prime contractor” shall mean Contractor.
Contract Price – The total amount of money for which the Contract is awarded.
Contract Unit Price – The amount stated in the Bid for a single unit of an item of work.
County Sealer – The Sealer of Weights and Measures of the county in which the Contract is let.
Days – Days shall mean consecutive calendar’s days unless otherwise specified.
Deputy City Engineer, Construction Management & Inspection – The Construction Manager’s immediate supervisor and second level of appeal for informal dispute resolution.
Dispute Board – Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims
submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager
for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution.
Electrolier – Street light assembly complete, including foundation, standard, luminaire arm,
luminaire, etc.
Engineer – The City Engineer of the City of Carlsbad or his/her approved representative. The
Engineer is the third level of appeal for informal dispute resolution.
Geotextile – Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration.
House Connection Sewer – A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer.
House Sewer – A sewer, wholly within private property, proposed to connect any building to a house connection sewer.
Luminaire – The lamp housing including the optical and socket assemblies (and ballast if so specified).
Luminaire Arm – The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire.
Minor Bid Item – A single contract item constituting less than 10 percent (10%) of the original Contract Price bid.
Modification – Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract.
April 16, 2019 Item #3 Page 48 of 146
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Notice of Award – The written notice by the Agency to the successful Bidder stating that upon
compliance by it with the required conditions, the Agency will execute the Contract.
Notice to Proceed – A written notice given by the Agency to the Contractor fixing the date on
which the Contract time will start.
Own Organization - When used in Section 2-3.1 – Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work.
Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used
in Section 2-3.1 “own organization” means construction equipment that the Contractor owns or
leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the
purpose of compliance with Section 2-3.1.
Person – Any individual, firm, association, partnership, corporation, trust, joint venture, or other
legal entity.
Plans – The drawings, profiles, cross sections, working drawings, and supplemental drawings, or
reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work.
Private Contract – Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency.
Project Inspector – The Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution.
Proposal – See Bid.
Reference Specifications – Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and
published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date.
Roadway – The portion of a street reserved for vehicular use.
Service Connection – Service connections are all or any portion of the conduit, cable, or duct,
including meter, between a utility distribution line and an individual consumer.
Sewer – Any conduit intended for the reception and transfer of sewage and fluid industrial waste.
Specifications – General Provisions, Standard Specifications, Technical Specifications,
Reference Specifications, Supplemental Provisions, and specifications in Supplemental
Agreements between the Contractor and the Board.
Standard – The shaft or pole used to support street lighting luminaire, traffic signal heads, mast
arms, etc.
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Standard Plans – Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number.
Standard Specifications – The Standard Specifications for Public Works Construction (SSPWC), the “Greenbook”.
State – State of California.
Storm Drain – Any conduit and appurtenances intended for the reception and transfer of storm
water.
Street – Any road, highway, parkway, freeway, alley, walk, or way.
Subbase – A layer of specified material of planned thickness between a base and the subgrade.
Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work.
Subgrade – For roadways, that portion of the roadbed on which pavement, surfacing, base,
subbase, or a layer of other material is placed. For structures, the soil prepared to support a
structure.
Supervision – Supervision, where used to indicate supervision by the Engineer, shall mean the
performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision
by the Agency shall not mean active and direct superintendence of details of the Work.
Supplemental Agreement – A written amendment of the Contract Documents signed by both
parties.
Supplemental Provisions – Additions and revisions to the Standard Specifications setting forth
conditions and requirements peculiar to the work.
Surety – Any individual, firm, or corporation, bound with and for the Contractor for the acceptable
performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred.
Tonne – Also referred to as “metric ton”. Represents a unit of measure in the International System of Units equal to 1,000 kilograms.
Utility – Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private
easement.
Work – That which is proposed to be constructed or done under the Contract or permit, including
the furnishing of all labor, materials, equipment, and services.
1-3 ABBREVIATIONS
1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents.
April 16, 2019 Item #3 Page 50 of 146
Revised 11/24/10 Contract No. 6001-18OL Page 45 of 118
All abbreviations and symbols used on Plans for structural steel construction shall conform to
those given by the “Manual of Steel Construction” published by the American Institute of Steel
Construction, Inc.
1-3.2 Common Usage
Abbreviation Word or Words ABAN ............................................................ Abandon
ABAND ....................................................... Abandoned ABS ........................ Acrylonitrile – butadiene – styrene AC .................................................... Asphalt Concrete
ACP ........................................... Asbestos cement pipe ACWS ..................... Asphalt concrete wearing surface ALT ................................................................Alternate
APTS ................................. Apartment and Apartments AMER STD ................................... American Standard AWG ............... American Wire Gage (nonferrous wire)
BC .................................................. Beginning of curve BCR ....................................... Beginning of curb return
BDRY ............................................................Boundary BF ..................................................... Bottom of footing BLDG ........................................ Building and Buildings
BM ............................................................. Bench mark BVC .................................... Beginning of vertical curve B/W ........................................................... Back of wall
C/C ..................................................... Center to center CAB ...................................... Crushed aggregate base CAL/OSHA ............ California Occupational Safety and
Health Administration CalTrans ....... California Department of Transportation CAP .................................... Corrugated aluminum pipe
CB ............................................................. Catch Basin Cb ........................................................................ Curb CBP ............................... Catch Basin Connection Pipe
CBR ....................................... California Bearing Ratio CCR ............................ California Code of Regulations CCTV ............................................... Closed Circuit TV
CES .......................... Carlsbad Engineering Standards CF ................................................................ Curb face CF ................................................................ Cubic foot C&G .................................................... Curb and gutter CFR ................................ Code of Federal Regulations
CFS ......................................... Cubic Feet per Second CIP ......................................................... Cast iron pipe CIPP ................................................ Cast-in place pipe
CL ............................................. Clearance, center line CLF .................................................... Chain link fence CMB ............................... Crushed miscellaneous base
CMC ......................................... Cement mortar-coated CML ............................................ Cement mortar-lined CMWD .................... Carlsbad Municipal Water District
CO .................................................... Cleanout (Sewer) COL ................................................................. Column COMM ....................................................... Commercial
CONC ........................................................... Concrete CONN ........................................................ Connection CONST .................................. Construct, Construction
COORD ...................................................... Coordinate
CSP ............................................ Corrugated steel pipe
CSD ............................... Carlsbad Standard Drawings CTB ............................................ Cement treated base CV ............................................................ Check valve
CY ............................................................... Cubic yard D .............................................................. Load of pipe dB ................................................................... Decibels
DBL .................................................................. Double DF ............................................................... Douglas fir DIA ................................................................ Diameter
DIP ..................................................... Ductile iron pipe DL ................................................................Dead load
DR ...................................................... Dimension Ratio DT .................................................................Drain Tile DWG ............................................................... Drawing
DWY .............................................................. Driveway DWY APPR ................................... Driveway approach E ....................................................................... Electric
EA ........................................................................ Each EC ............................................................ End of curve ECR ................................................ End of curb return
EF ................................................................ Each face EG ......................................................... Edge of gutter EGL .................................................. Energy grade line
EI ................................................................... Elevation ELC ..................................... Electrolier lighting conduit ELT ........................................................ Extra long ton
ENGR ....................................... Engineer, Engineering EP ................................................... Edge of pavement ESMT ........................................................... Easement
ETB .......................................... Emulsion-treated base EVC ............................................... End of vertical curb EWA ............................... Encina Wastewater Authority EXC ............................................................ Excavation EXP JT ................................................. Expansion joint
EXST ............................................................... Existing F .................................................................. Fahrenheit F&C ................................................... Frame and cover
F&I .................................................. Furnish and install FAB ............................................................... Fabricate FAS ............................................... Flashing arrow sign
FD ............................................................... Floor drain FDN ............................................................ Foundation FED SPEC ................................. Federal Specification
FG ........................................................ Finished grade FH ............................................................. Fire hydrant FL ................................................................... Flow line
FS ...................................................... Finished surface FT-LB ......................................................... Foot-pound FTG .................................................................. Footing
FW ............................................................ Face of wall
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G ........................................................................... Gas GA ..................................................................... Gauge
GAL ............................................... Gallon and Gallons GALV ......................................................... Galvanized GAR ........................................... Garage and Garages
GIP .............................................. Galvanized iron pipe GL ........................................ Ground line or grade line GM .............................................................. Gas meter
GNV ............................................... Ground Not Visible GP ..................................................................Guy pole GPM ................................................ gallons per minute
GR ...................................................................... Grade GRTG ............................................................... Grating GSP ........................................... Galvanized steel pipe
H ............................................................ High or height HB .................................................................. Hose bib
HC ................................................... House connection HDWL ........................................................... Headwall HGL .............................................. Hydraulic grade line
HORIZ .......................................................... Horizontal HP ............................................................. Horsepower HPG ................................................ High pressure gas
HPS ................................ High pressure sodium (Light) HYDR ............................................................ Hydraulic IE ......................................................... Invert Elevation
ID ........................................................ Inside diameter INCL ...............................................................Including INSP .............................................................Inspection
INV ...................................................................... Invert IP .................................................................... Iron pipe JC ..................................................... Junction chamber
JCT ................................................................ Junction JS ..................................................... Junction structure JT ......................................................................... Joint
L ........................................................................ Length LAB ............................................................. Laboratory LAT ................................................................... Lateral LB ...................................................................... Pound LD ..................................................... Local depression
LF ................................................................ Linear foot LH ............................................................... Lamp hole LL ...................................................................Live load
LOL .............................................................Layout line LONG ........................................................ Longitudinal LP ................................................................ Lamp post
LPS ................................. Low pressure sodium (Light) LS ................................................................ Lump sum LTS .................................................... Lime treated soil
LWD ............................... Leucadia Wastewater District MAINT ..................................................... Maintenance MAX ............................................................. Maximum
MCR ............................................ Middle of curb return MEAS ............................................................. Measure MH ................................... Manhole, maintenance hole
MIL SPEC .................................... Military specification MISC ..................................................... Miscellaneous MOD ................................................... Modified, modify MON ............................................................ Monument MSL .. Mean Sea Level (Reg. Standard Drawing M-12)
MTBM ......................... Microtunneling Boring Machine MULT .............................................................. Multiple MUTCD .....Manual on Uniform Traffic Control Devices
MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District
NRCP .............................. Nonreinforced concrete pipe OBS ...............................................................Obsolete OC ................................................................ On center
OD ..................................................... Outside diameter OE .............................................................. Outer edge OHE ................................................ Overhead Electric
OMWD ................. Olivenhain Municipal Water District OPP ...............................................................Opposite ORIG ............................................................... Original
PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point
of compound curvature PCVC ....................... Point of compound vertical curve PE ........................................................... Polyethylene PI .................................................. Point of intersection PL ............................................................. Property line
PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve POT .................................................... Point on tangent
PP .............................................................. Power pole PRC .......................................... Point of reverse curve PRVC ............................ Point of reverse vertical curve
PSI ......................................... Pounds per square inch PT .................................................... Point of tangency PVC .................................................. Polyvinyl chloride
PVMT ........................................................... Pavement PVT R/W ....................................... Private right-of-way Q ........................ Rate of flow in cubic feet per second
QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius R&O ......................................................... Rock and oil
R/W .......................................................... Right-of-way RA ...................................................... Recycling agent RAC ................................... Recycled asphalt concrete
RAP ................................ Reclaimed asphalt pavement RBAC ............................. Rubberized asphalt concrete
RC ................................................ Reinforced concrete RCB ...................................... Reinforced concrete box RCE ...................................... Registered civil engineer
RCP ..................................... Reinforced concrete pipe RCV ........................................... Remote control valve REF ............................................................. Reference
REINF .............................. Reinforced or reinforcement RES ...............................................................Reservoir RGE ........................ Registered geotechnical engineer
ROW ....................................................... Right-of-Way RR .................................................................. Railroad RSE .............................. Registered structural engineer
RTE .................................... Registered traffic engineer S .................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe
SD ............................................................. Storm drain SDNR .............................. San Diego Northern Railway SDR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD ......... San Diego Regional Standard Drawings
SE ...................................................... Sand Equivalent SEC .................................................................. Section SF ............................................................. Square foot
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SFM ................................................ Sewer Force Main SI ....................... International System of Units (Metric)
SPEC ..................................................... Specifications SPPWC .......................................... Standard Plans for Public Works Construction
ST HWY ................................................ State highway STA ................................................................... Station STD ............................................................... Standard
STR ................................................................. Straight STR GR ................................................ Straight grade STRUC .......................................... Structural/Structure
SW .................................................................Sidewalk SWD ...................................................... Sidewalk drain SY ............................................................ Square yard
T .................................................................. Telephone TAN ................................................................. Tangent
TC .............................................................. Top of curb TEL ............................................................. Telephone TF ........................................................... Top of footing
TOPO ........................................................ Topography TR ........................................................................ Tract TRANS ......................................................... Transition
TS ......................... Traffic signal or transition structure TSC ............................................. Traffic signal conduit
TSS ........................................... Traffic signal standard TW .............................................................. Top of wall TYP .................................................................. Typical
UE .............................................. Underground Electric USA .................................... Underground Service Alert VAR ..................................................... Varies, Variable
VB ................................................................ Valve box VC .......................................................... Vertical curve VCP ................................................... Vitrified clay pipe
VERT ............................................................... Vertical VOL .................................................................. Volume VWD ....................................... Vallecitos Water District
W ........................ Water, Wider or Width, as applicable WATCH .............. Work Area Traffic Control Handbook
WI ............................................................ Wrought iron WM ........................................................... Water meter WPJ .......................................... Weakened plane joint
XCONN ............................................ Cross connection XSEC ..................................................... Cross section
1-3.3 Institutions.
Abbreviation Word or Words
AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction
ANSI American National Standards Institute
API American Petroleum Institute AREA American Railway Engineering Association
ASTM American Society for Testing and Materials
AWPA American Wood Preservers Association AWS American Welding Society
AWWA American Water Works Association
FHWA Federal Highway Administration GRI Geosynthetic Research Institute
NEMA National Electrical Manufacturers Association
NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters’ Laboratories Inc.
USGS United States Geological Survey
1-4 UNITS OF MEASURE.
1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test
requirements contained herein use SI units specifically and conversions to U.S. Standard
Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S.
Standard Measures in parenthesis may or may not be exactly equivalent.
Reference is also made to ASTM E 380 for definitions of various units of the SI system and a
more extensive set of conversion factors.
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1-4.2 Units of Measure and Their Abbreviations.
U.S. Customary Unit (Equal To) SI Unit
(Abbreviations) (Abbreviations)
1 mil (=0.001 in) 25.4 micrometer (m) 1 inch (in) 25.4 millimeter (mm)
1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m)
1 yard (yd) 0.9144 meter (m) 1 mile (mi) 1.6093 kilometer (km)
1 square foot (ft2) 0.0929 square meter (m2) 1 square yard (yd2) 0.8361 square meter (m2)
1 cubic foot (ft3) 0.0283 cubic meter (m3) 1 cubic yard (yd3) 0.7646 cubic meter (m3) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L)
1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass (lb) (avoirdupois) 0.4536 kilogram (kg)
1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) 0.9072 Tonne (= 907 kg)
1 Poise 0.1 pascal . second (Pa . s) 1 centistoke (cs) 1 square millimeters per
second (mm2/s) 1 pound force (lbf) 4.4482 Newton (N)
1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J)
1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L)
Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 °C = (°F – 32)/1.8
SI Units (abbreviation) Commonly Used in Both Systems
1 Ampere (A) 1 Volt (V)
1 Candela (cd) 1 Lumen (lm)
1 second (s)
Common Metric Prefixes kilo (k) 103
centi (c) 10-2
milli (m) 10-3
micro () 10-6 nano (n) 10-9
pico (p) 10-12
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1-5 SYMBOLS
Delta, the central angle or angle between tangents
Angle
% Percent
‘ Feet or minutes “ Inches or seconds
1 Number
/ per or (between words) ° Degree
PL Property line
CL Centerline SL Survey line or station line
SECTION 2 – SCOPE AND CONTROL OF WORK
2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be
as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids.
2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the
Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent
permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of
the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should
the Contractor be in default.
2-3 SUBCONTRACTS.
2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements
of this Chapter are included below for information:
The Bidder shall set forth in the Bid, as provided in 4104:
“(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the
construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates
and installs a portion of the work or improvement according to detailed drawings
contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid, or, in the case of bids or offers for the
construction of streets or highways, including bridges, in excess of one-half of 1
percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.”
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“(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion
as is defined by the prime contractor in his bid.”
If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the
same portion of the work to be performed under the Contract (in excess of one-half of 1 percent
of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code.
As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by
procedures established in Section 4107.5. This section provides procedures to correct a clerical
error in the listing of a Subcontractor.
Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after
a public hearing.
Should the Contractor fail to adhere to the provisions requiring the Contractor to complete
50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work
performed in excess of 50 percent of the contract price by other than the Contractor’s own
organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing
before the Board and shall be notified ten (10) days in advance of the time and location of said
hearing. The determination of the City Council shall be final.
2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment
of the Contract and shall keep the Work under its control.
The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract, and the amount of any such “Specialty Items” so performed may be deducted
from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or Proposal.
Where an entire item is subcontracted, the value of work subcontracted will be based on the
Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from
information submitted by the Contractor, and subject to approval by the Engineer.
Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for
approval a written statement showing the work to be subcontracted giving the name and business
of each Subcontractor and description and value of each portion of the work to be so subcontracted.
2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work.
2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted
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below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by
the Contract shall be deemed to be approved unless specifically rejected by the Agency.
Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals.
Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized.
The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not
less than one hundred percent of the total amount payable by the terms of this contract.
The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract.
Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount
30 days after recordation of the Notice of Completion and will remain in full force and effect for
the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six
months plus 30 days after recordation of the Notice of Completion if all claims have been paid.
All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the
business of insurance in California and whose assets exceed their liabilities in an amount equal
to or in excess of the amount of the bond. The bonds are to contain the following documents:
1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement
may be verified by the oath of the principal officer or manager residing within the United States.
Should any bond become insufficient, the Contractor shall renew the bond within 10 days after
receiving notice from the Agency.
Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor
to that effect. No further payments shall be deemed due or will be made under the contract until
a new Surety shall qualify and be accepted by the Board.
Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release
the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety.
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2-5 PLANS AND SPECIFICATIONS.
2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and
Specifications, to which the Engineer shall have access at all times. The construction plans consist of one set. The plan set is designated as City of Carlsbad Drawing No. 510-1 and consists of 14 sheets.
The specifications for the work include the General Provisions, Supplemental Provisions, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction,
(SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter
designated "SSPWC", as amended.
The standard drawings used for this project are the latest edition of the San Diego Area Regional
Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County
Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and
the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively.
The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract
Documents are intended to be complementary and cooperative. Anything specified in the
Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both.
The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work.
The Contractor shall ascertain the existence of any conditions affecting the cost of the Work
through a reasonable examination of the Work site prior to submitting the Bid.
Existing improvements visible at the Work site, for which no specific disposition is made on the
Plans, but which interfere with the completion of the Work, shall be removed and disposed of by
the Contractor.
The Contractor shall, upon discovering any error or omission in the Plans or Specifications,
immediately call it to the attention of the Engineer.
2-5.2 Precedence of Contract Documents.
If there is a conflict between Contract Documents, the document highest in precedence shall
control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence:
1) Permits from other agencies as may be required by law.
2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last.
4) Contract
5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans.
7) Standards plans.
a) City of Carlsbad Standard Drawings.
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b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans.
g) State of California Department of Transportation Standard Specifications.
h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended.
9) Reference Specifications.
10) Manufacturer’s Installation Recommendations
Detail drawings shall take precedence over general drawings.
Plan details shall have precedence over general plans.
2-5.3 Submittals.
2-5.3.1 General. Submittals shall be provided, at the Contractor’s expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested
by the Engineer.
Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are
required by performed, before the required submittals have been reviewed and accepted by the
Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such
deviations were specifically called to the attention of the Engineer in the letter of transmittal. The
Contractor shall be responsible for the correctness of the submittals.
The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise
specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal.
Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth submittal had been given to the Engineer). Each
sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor’s letterhead.
The Letter of Transmittal shall contain the following:
1) Project title and Agency contract number. 2) Number of complete sets.
3) Contractor’s certification statement.
4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals
for the same materials.)
6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are
in conformance with the requirements of the Contract Documents. The Contractor shall subscribe
to and shall place the following certification on all submittals:
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"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed
to be incorporated into this Project, is in compliance with the Contract Documents, can be installed
in the allocated spaces, and is submitted for approval.”
By: Title:
Date:
Company Name:
2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the
Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details.
Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one
copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible.
Working drawings are required in the following sections:
TABLE 2-5.3.2 (A)
Item Section
Number
Title Subject
1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe
3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe
5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework
7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction
9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel
11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations
13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations
15 306-6 Remodeling Existing Sewer Facilities Polyethylene Liner Installation 16 306-8 Microtunneling Microtunneling Operations
17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction
Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a
Civil or Structural Engineer registered by the State of California.
2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or
assembled products proposed to be incorporated into the Work. Shop drawings required shall be
as specified in the Special Provisions.
2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of
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conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the
Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the
start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items
for the system. If resubmittal is not required, three copies will be returned to the Contractor.
Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions:
1) List of Subcontractors per 2-3.2.
2) List of Materials per 4-1.4. 3) Certifications per 4-1.5.
4) Construction Schedule per 6-1.
5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1.
7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer’s brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to
describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product,
manufactured item, or system.
2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from
the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for
this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the
job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall
be included in the various bid items and no additional payment will be made therefore.
2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the
Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all
materials, equipment, tools, labor, and incidentals necessary to complete the Work.
2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil
analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are
available for inspection at the office of the Engineer. Any additional subsurface exploration shall
be done by Bidders or the Contractor at their own expense.
The indicated elevation of the water table is that which existed on the date when test hole data
was determined. It is the Contractor’s responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater
shown in soil boring logs and groundwater actually encountered during construction will not be
considered as a basis for extra work.
2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be
provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas
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and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey
monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to
practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced
by the Surveyor no later than thirty (30) days after construction at the site of the replacement is
completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and
cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise.
Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer.
2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking,
records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the
site during all surveying operations and shall personally supervise and certify the surveying work.
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections
2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made. Payment for
the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said
monuments and no additional payment will be made.
2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the
quality and practice required by the Engineer.
2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the
Plans.
Three consecutive points set on the same slope shall be used together so that any variation from
a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the
finished work.
Grades for underground conduits will be set at the surface of the ground. The Contractor shall
transfer them to the bottom of the trench.
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2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all
matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with
instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities;
acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board.
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the
Engineer may request.
2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and
interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time
during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all
of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of
personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s
ongoing business operations. Contractor and all subcontractors to this contract shall maintain
such data and records for as long as may be required by applicable laws and regulations.
2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The
Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized
representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for
ascertaining that the materials and workmanship are in accordance with these specifications.
Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract.
SECTION 3 – CHANGES IN WORK
3-1 CHANGES REQUESTED BY THE CONTRACTOR.
3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the
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interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes.
3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency.
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or
quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to
exceed this limitation, the change shall be by written Supplemental Agreement between the
Contractor and Agency, unless both parties agree to proceed with the change by Change Order.
Change Orders shall be in writing and state the dollar value of the change or established method
of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor’s signature indicating acceptance.
3-2.2 Payment.
3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract
Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be
made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price.
If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less,
payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies
from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate.
If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified
in the Specifications, an adjustment in payment will be made per Section 3-2.4.
3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work
covered by a Contract Unit Price and constructed in conformance with the Plans and
Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the
Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of
payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by
the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price.
3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work
covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be
made unless so requested in writing by the Contractor. If the Contractor so requests, payment
will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per
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Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the
Contract Unit Price.
3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in
the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor.
Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions.
3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor
and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor
to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3.
3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices
shall be valid for the purpose of change orders to the project.
3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made
to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the
Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the
date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case,
the material shall become the property of the Agency. Payment will be made to the Contractor for
its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier
for returning the material and for handling by the Contractor. Actual costs, as used herein, shall
be computed on the basis of Extra Work per Section 3-3.
3-3 EXTRA WORK.
3-3.1 General. New or unforeseen work will be classified as “extra work” when the Engineer
determines that it is not covered by Contract Unit Prices or stipulated unit prices.
3-3.2 Payment.
3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein.
3-3.2.2 Basis for Establishing Costs.
(a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship
funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements.
The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for
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equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their
assigned work and only that applicable to extra work will be paid.
Nondirect labor costs, including superintendence, shall be considered part of the markup of
Section 3-3.2.3 (a).
(b) Materials. The cost of materials reported shall be at invoice or lowest current price at which
such materials are locally available and delivered to the job site in the quantities involved, plus
sales tax, freight, and delivery.
The Agency reserves the right to approve materials and sources of supply, or to supply materials
to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency.
(c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less.
Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental
and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates”
published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the
value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates
published therein are not a part of this contract.
The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary
attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work
shall be included.
If equipment is used intermittently and, when not in use, could be returned to its rental source at
less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency.
All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer’s ratings and approved modifications shall be
used to classify equipment and it shall be powered by a unit of at least the minimum rating
recommended by the manufacturer.
The reported rental time for equipment already at the Work site shall be the duration of its use on
the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site.
(d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their
nature from those required for the Work, and be of a type not ordinarily available from the
Contractor or Subcontractors.
Invoices covering all such items in detail shall be submitted with the request for payment.
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(e) Invoices. Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices
or other documentation, the Agency may establish the cost of the item involved at the lowest price
which was current at the time of the report.
3-3.2.3 Markup.
(a) Work by Contractor. The following percentages shall be added to the Contractor's costs
and shall constitute the markup for all overhead and profits:
1) Labor ............................................... 20
2) Materials .......................................... 15
3) Equipment Rental ............................ 15
4) Other Items and Expenditures ......... 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the
Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the
subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency.
Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that
day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting
documents to the Engineer. Failure to submit the daily report by the close of the next working day
may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes
shall be entered by each party to explain points which cannot be resolved immediately. Each party
shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor.
The report shall:
1. Show names of workers, classifications, and hours worked.
2. Describe and list quantities of materials used.
3. Show type of equipment, size, identification number, and hours of operation, including
loading and transportation, if applicable.
4. Describe other services and expenditures in such detail as the Agency may require.
3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the
following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed:
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1. Subsurface or latent physical conditions differing materially from those represented in the Contract;
2. Unknown physical conditions of an unusual nature differing materially from those
ordinarily encountered and generally recognized as inherent in work of the character being performed; and
3. Material differing from that represented in the Contract which the Contractor believes
may be hazardous waste, as defined in Section 25117 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.
The Engineer will promptly investigate conditions which appear to be changed conditions. If the
Engineer determines that conditions are changed conditions and they will materially affect
performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6.
If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to
notify the Engineer in writing if the Contractor disagrees.
The Contractor’s failure to give notice of changed conditions promptly upon their discovery and
before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall not be entitled to the payment of any additional compensation for any act, or
failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first
given the Engineer due written notice of potential claim as hereinafter specified. Compliance with
this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of
computation as to contract quantities. The written notice of potential claim for changed conditions
shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure
to give written notice of potential claim for changed conditions to the agency upon their discovery
and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within
20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655.
“The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further
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understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.”
By: Title:
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim
prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all
claims in connection therewith. If the contractor and the agency are unable to reach agreement
on disputed work, the Agency may direct the contractor to proceed with the work.
Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified
hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector 2. Construction Manager
3. Deputy City Engineer, Construction Management & Inspection
4. City Engineer 5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or
request that the Contractor meet and present its report. When additional information or a meeting
is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s
position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract.
All claims by the -Contractor shall be resolved in accordance with Public Contract Code section
9204, which is set forth below:
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9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state
that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with
Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2,
and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section: (1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with
return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct
contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state
agency, department, office, division, bureau, board, or commission, the California State University,
the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political
subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency
and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that
department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the
Penal Code. (v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority. (4) “Public works project” means the erection, construction, alteration, repair, or improvement of
any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct
contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim
applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days,
shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual
agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
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(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the
governing body does not meet within the 45 days or within the mutually agreed to extension of
time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the
governing body after the 45-day period, or extension, expires to provide the claimant a written
statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within
60 days after the public entity issues its written statement. If the public entity fails to issue a written
statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to
respond to a claim issued pursuant to this section within the time prescribed, the claimant may
demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt
requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the
claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that
is undisputed. Any payment due on an undisputed portion of the claim shall be processed and
made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation,
with the public entity and the claimant sharing the associated costs equally. The public entity and
claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party
shall select a mediator and those mediators shall select a qualified neutral third party to mediate
with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is
unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures
outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not
limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to
mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section
does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result
in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public
entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the
responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a
public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request
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in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier
subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be
presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as
to whether the contractor presented the claim to the public entity and, if the original contractor did
not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing,
mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as
the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants
available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that
date.
In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the
local agency.
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(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article.
This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the
filing of claims.
(b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to
this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time
no greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt
of the claim, any additional documentation supporting the claim or relating to defenses to the
claim the local agency may have against the claimant. If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time
no greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any
period of time utilized by the meet and confer process.
This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims
subject to this article:
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(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both
parties. The mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant
to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article
3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure)
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly
rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines
a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but
does not obtain a more favorable judgment shall, in addition to payment of costs and fees under
that chapter, pay the attorney's fees of the other party arising out of the trial de novo. The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is
undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed
in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor
shall keep and furnish records of disputed work in accordance with Section 3-3.
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SECTION 4 – CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall
be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer’s
approval.
Materials and work quality not conforming to the requirements of the Specifications shall be
considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer.
If the Contractor fails to replace any defective or damaged work or material after reasonable
notice, the Engineer may cause such work or materials to be replaced. The replacement expense
will be deducted from the amount to be paid to the Contractor.
Used or secondhand materials, parts, and equipment may be used only if permitted by the
Specifications.
4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage
facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The
Contractor shall also adequately protect new and existing work and all items of equipment for the
duration of the Contract.
The Contractor shall not, without the Agency’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract.
4-1.3 Inspection Requirements.
4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal
fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and
similar shop or plant operations.
Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are
acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators,
plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment
such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require
inspection at the source for other items not typical of those listed in this section.
The Contractor shall provide the Engineer free and safe access to any and all parts of work at
any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in
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the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety
regulations as may apply. Contractor shall furnish Engineer with such information as may be
necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials
incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to
purchase materials, fabricated products, or equipment from sources located more than 50 miles
outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the
materials, equipment or process. This approval shall be obtained before producing any material
or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required
by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract
requirements.
4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory
services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee.
4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its
expense, shall deliver the materials for testing to the place and at the time designated by the
Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing,
it will be stated in the Specifications. For private contracts, the testing expense shall be borne by
the permittee.
The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material.
If the notice of intent to use is sent before the materials are available for testing or inspection, or
is sent so far in advance that the materials on hand at the time will not last but will be replaced by
a new lot prior to use on the Work, it will be the Contractor’s responsibility to renotify the Engineer when samples which are representative may be obtained.
Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the
requirements indicated in the Standard Specifications, Technical Specification, and any
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by
the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the
Work, it is found that sources of supply that have been approved do not furnish a uniform product,
or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after
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improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense.
Compaction or any tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at
any place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
If the Contractor chooses to dispute the Agency’s test results, the Contractor shall conduct
additional testing of their own, at no additional cost to the Agency. The additional testing shall be
done by a third-party certified testing lab agreed upon by the Agency and the Contractor, and at project locations selected by the Agency. Testing and sampling shall be conducted in the
presence of the Engineer or designee.
4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer’s written certification that the materials to be supplied
meet those requirements. Material test data may be required as part of the certification.
4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or
offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination.
Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its
description and shall be deemed to be followed by the words or equal. A listing of materials is
not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation
of offers shall be submitted as provided in the contract documents.
The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to
those specified. The Contractor shall have the material tested as required by the Engineer to
determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its
intended function.
Test methods shall be subject to the approval of the Engineer. Test results shall be reported
promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer’s findings shall be final. Installation and use of a substitute item shall
not be made until approved by the Engineer.
If a substitute offered by the Contractor is not found to be equal to the specified material, the
Contractor shall furnish and install the specified material.
The specified Contract completion time shall not be affected by any circumstance developing from
the provisions of this section.
The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole
opinion of the Engineer, the substitution is determined to be unsatisfactory in performance,
appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the
originally specified item at no cost to the Agency.
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4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for
proportioning materials shall be inspected for accuracy and certified within the past 12 months by
the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County.
The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of
Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior
to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency.
All scales shall be arranged so they may be read easily from the operator’s platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales
shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will
not exceed 2 percent for any setting nor 1.5 percent for any batch.
4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to
pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at
intervals not to exceed 12 months and following repairs, modification, or relocation of the
equipment. Calibration certificates shall be provided when requested by the Engineer.
4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar
and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and
Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises
to contradict the test values of materials, the Agency and the Contractor will initiate an immediate
and cooperative investigation. Test values of materials are results of the materials’ tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible
evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The
investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and
additional information in an attempt to determine the validity, the cause, and if necessary, the
remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved
and the cooperative investigation concluded. Whenever the cooperative investigation is unable to
reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process
by committee. The continuance of the investigation shall be contingent upon recipient’s
agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall
consist of three State of California Registered Civil Engineers. Within 7 calendar days after the
written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third
engineer. The goal in selection of the third member is to complement the professional experience
of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar
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days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance
of the cooperative investigation and will re-consider all available information and if necessary
gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the
material(s) using standard engineering principles and practices and to ensure public value, the
committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit
their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped
and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall
continue to full conclusion unless:
1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an
acceptable resolution mechanism; or
2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or
3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until
resolution. Should the investigation discover assignable causes for the contradiction, the
assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the
investigation will assign costs cooperatively with each party or when necessary, equally.
Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally.
Should the investigation be unable to substantiate a contradiction, the initiator of the
investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is
concluded.
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4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall
be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which
have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such
materials are stored. The lease agreement shall clearly state the term of the lease, the description
of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws
and ordinances that may pertain to the materials stored and to preparation of the storage site and
the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this
section, both within and outside the limits of work are a part of the Work. The Engineer shall have
the right to verify the suitability of materials and their proper storage at any time during the Work.
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SECTION 5 – UTILITIES
5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits
of the work. However, the accuracy and/or completeness of the nature, size and/or location of
utilities indicated on the Plans is not guaranteed.
Where underground main distribution conduits such as water, gas, sewer, electric power,
telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility.
As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center
(Underground Service Alert of Southern California) and obtain an inquiry identification number.
The California Department of Transportation is not required by Section 4216 to become a member
of the regional notification center. The Contractor shall contact it for location of its subsurface installations.
The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its
operations. If no pay item is provided in the Contract for this work, full compensation for such work
shall be considered as included in the prices bid for other items of work.
5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the
support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff.
Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place
the necessary protection at its expense.
Upon learning of the existence and location of any utility omitted from or shown incorrectly on the
Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the
Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3.
The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed
or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1.
When placing concrete around or contiguous to any non-metallic utility installation, the Contractor
shall at its expense:
1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or
2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular
space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete.
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Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic
protection system is exposed or damaged by the Contractor’s operations, the Contractor shall
notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system.
5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from
the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals.
5-4 RELOCATION. When feasible, the owners responsible for utilities within the area
affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications
indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor,
except for manhole frame and cover sets to be brought to grade as provided in the Standard
Specifications for Public Works Construction, Section 301-1.6, 2012 Edition, and the supplements thereto. Utilities which are relocated in order to avoid interference shall be protected in their
position and the cost of such protection shall be included in the Bid for the items of work
necessitating such relocation.
After award of the Contract, portions of utilities which are found to interfere with the Work will be
relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2.
When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such
work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for
its convenience shall be its responsibility and it shall make all arrangements and bear all costs.
The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and
property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of
Section 3-3. Payment will include the restoration of all existing improvements which may be
affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement.
In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any
utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter
that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others.
In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission
is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
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Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with
the temporary omission. The portion thus omitted shall be constructed by the Contractor
immediately following the relocation of the utility involved unless otherwise directed by the Engineer.
5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer
in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities.
The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with
Section 5-1.
The Contractor may be given an extension of time for unforeseen delays attributable to
unreasonably protracted interference by utilities in performing work correctly shown on the Plans.
The Agency will assume responsibility for the timely removal, relocation, or protection of existing
main or trunkline utility facilities within the area affected by the Work if such utilities are not
identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection
of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or
alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the
Engineer may find to be fair and reasonable compensation for such part of the Contractor’s actual
loss as was unavoidable and the Contractor may be granted an extension of time.
5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to
permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work.
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SECTION 6 – PROSECUTION, PROGRESS,
AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as
otherwise provided herein and unless otherwise prohibited by permits from other agencies as may
be required by law the Contractor shall begin work within seven (7) calendar days after receipt of the "Notice to Proceed".
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per Section 6-4. No separate payment will be made for the Contractor’s
attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting.
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the
Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3
Electronic Media.
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities
required to represent the complete performance of all project work as well as periods where work
is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration.
The Baseline Construction Schedule shall include detail of all project phasing, staging, and
sequencing, including all milestones necessary to define beginning and ending of each phase or stage.
6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram
showing all of the activities, logic relationships, and milestones comprising the schedule.
6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall
prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late
start, the late finish, the total float, and all predecessor and successor activities for the activity
described.
6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare
and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing
texture patterns or distinctive line types to show the critical path.
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6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed
by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project
milestones and equipment and material deliveries. The number of activities will be sufficient, in
the judgment of the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of
time impacts. Each activity’s description shall accurately define the work planned for the activity
and each activity shall have recognizable beginning and end points.
6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation
to whatever party or contingency first exhausts it.
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction
of submittals shall be included in the schedule.
6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4.
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual time span of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the
Contractor’s proposal of a project duration shorter than the duration specified; provided the
Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the
provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated
damages in accordance with the revised duration.
6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition
precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that
the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the
Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial
Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction
meeting shall be grounds for termination of the contract per Section 6-4. Days used by the
Engineer to review the initial Construction Schedule will not be included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline
Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3.
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6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1.
6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work
upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating
the comments prior to receipt of payment per Section 6-1.8.1.
6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not
submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the
Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the
changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer.
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity’s schedule status and
shall submit monthly updates of the Baseline Construction Schedule confirming the agreements
no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per
the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-
1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7.
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed
during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update.
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity.
6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor’s name and the date of preparation of the schedule data disk.
The schedule data disk shall be readable by the software specified in Section 6-1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that would impede full
access of all data stored on it.
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting
logic, with an explanation for each change.
6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their
durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path.
6-1.4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
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days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments”
or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon
resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit
a monthly updated construction schedule will invoke the same consequences as the Engineer
returning a monthly updated construction schedule marked “Not Accepted”.
6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment
for the schedule in accordance with Section 6-1.8.2.
6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work.
The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per
Section 6-1.8.2.
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to
the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may
be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY
CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If
the Contractor fails to submit the corrected Updated Construction Schedule as required herein
the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the
Contractor’s responsibility.
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion
or contractually required milestone date later than the properly adjusted contract or milestone
duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated
portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the “Accepted” schedule.
6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a
list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and
acceptance requirements of Section 6-1, including but not limited to the acceptance and payment
provisions. As used in this section “substantially different” means a time variance greater than 5 percent of the number of days of duration for the project.
6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor’s Final
Schedule Update must accurately represent the actual dates for all activities. The final schedule
update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the
final schedule update is required for completion of the project and release of any and all funds
retained per Section 9-3.2.
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6-1.8 Measurement and Payment of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefore.
6-2 PROSECUTION OF WORK.
To minimize public inconvenience and possible hazard and to restore street and other work areas
to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the
Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor’s Bid. Should the Contractor fail to take the
necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may
suspend the work in whole or part, until the Contractor takes said steps.
As soon as possible under the provisions of the Specifications, the Contractor shall backfill all
excavations and restore to usefulness all improvements existing prior to the start of the Work.
If Work is suspended through no fault of the Agency, all expenses and losses incurred by the
Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension,
the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such
actions will not relieve the Contractor from liability.
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications.
6-2.3 Project Meetings. The Engineer will establish the time and location of Project Meetings
whenever necessary. The Contractor’s Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, “The Contractor’s
Representative”. No separate payment for attendance of the Contractor, the Contractor’s
Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made.
6-3 SUSPENSION OF WORK.
6-3.1 General. The Work may be suspended in whole or in part when determined by the
Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without
liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3.
6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of
archaeological or paleontological interest, the Contractor shall immediately cease excavation in
the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer.
Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils.
The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6.
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6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and
equipment, to commence the Work within the time specified, to maintain the rate of delivery of
material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency’s interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety
on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board’s
opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board’s consent. In the event of such cancellation,
the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums
bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed
to have waived any and all claims for damages because of cancellation of Contract for any such
reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume
control and perform the Work as successor to the Contractor.
If the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for
that part, and shall be paid by the Agency for all work performed by it in accordance with the
Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the
Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice
of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the
Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination
of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the
Agency. If the sums due under the Contract are insufficient for completion, the Contractor or
Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due.
The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law.
6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable
to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by
law, or by official action of a public authority.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor,
such delays will entitle the Contractor to an extension of time as provided herein, but the
Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor
disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work,
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inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications.
No extension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be
provided in a timely manner in accordance with the sequence of the Contractor’s operations and
the approved construction schedule.
If delays beyond the Contractor’s control are caused by events other than those mentioned above,
the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as
provided in Section 6-6.3.
If delays beyond the Contractor’s control are caused solely by action or inaction by the Agency,
such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2.
6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of
delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work.
6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined
by the Engineer. The Agency will not be liable for damages which the Contractor could have
avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer.
6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or
equipment on standby for any reason that the Contractor has determined to be caused by the
Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of
the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section
the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore.
6-7 TIME OF COMPLETION.
6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed working days.
The Contractor shall diligently prosecute the work to completion within fifty (50) working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by
the Engineer for all work provided for in the Contract, whichever occurs first, other than:
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1. Saturday, 2. Sunday,
3. any day designated as a holiday by the Agency,
4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association,
5. any day the Contractor is prevented from working at the beginning of the workday for
cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least
60 percent of the normal work force for cause as defined in Section 6-6.1.
The section of La Costa Avenue west of El Camino Real, and the intersection of La Costa Avenue
and Rancho Santa Fe Road shall be cold-milled and paved in their entirety at night time between
the hours of 8:00 p.m. and 5:00 a.m. The milling operation shall cease by 11 p.m., and all lanes shall be opened no later than 5 a.m.
Unless superseded by the above paragraph or the approved Traffic Control Plan, the normal hours of work shall be between the hours of 8:30 a.m. and 3:30 p.m. on Mondays through Friday,
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours, night work, or at any time during weekends and/or
holidays. This written permission must be obtained at least 48 hours prior to such work. The
Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency.
The Contractor shall pay the inspection costs of such work. The Contractor shall submit a
schedule including a daily work plan to the Engineer reflecting the specified working hours and approved traffic control plan.
The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid
prices or adjustment of contract time of completion will be allowed as a consequence of the
prohibition of work being performed within the dates, areas and/or types of work prohibited in this section.
6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and
the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also
indicate the number of working days charged during the reporting period and the number of
working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest.
Otherwise, the statement will be deemed to have been accepted.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by
the Engineer for acceptance upon receipt of the Contractor’s written assertion that the Work has
been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer
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will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of
Completion” to be filed in the office of the San Diego County Recorder. The date of recordation
shall be the date of completion of the Work.
All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and
any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be
retained as a warranty bond for the one year warranty period. The Contractor shall replace or
repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such
replacement or repairs within the time specified in the notice, the Agency may perform this work
and the Contractor’s sureties shall be liable for the cost thereof.
6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the
time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section
6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred
dollars ($500). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.
Execution of the Contract shall constitute agreement by the Agency and Contractor that five hundred dollars ($500) per day is the minimum value of costs and actual damaged caused by the
Contractor to complete the Work within the allotted time. Any progress payments made after the
specified completion date shall not constitute a waiver of this paragraph or of any damages.
With respect to the public right-of-way, failure of the Contractor to restore and open all travel lanes
within designated working hours shall result in damages being sustained by the Agency. For every 15-minute increment (or portion of time thereof) beyond the hours of work stated in the
Contract Documents or superseded by the approved traffic control plans, the Contractor shall pay
to the Agency, or have monies due to it, the sum of One Thousand Dollars ($1,000). Such sum is liquidated damages and shall not be construed as a penalty, and will be deducted from monthly
progress payments due the Contractor if such delay occurs.
6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the
Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause,
except Contractor operations or negligence. The Contractor will not be required to reclean such
portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full
responsibility for correcting defective work or materials.
In the event the Agency exercises its right to place into service and utilize all or part of any
completed facility or appurtenance, the Agency will assume the responsibility and liability for injury
to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or
omission by the Contractor, Subcontractor, their officers, employees, or agents.
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SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and
inspection of the Work. Such equipment and facilities shall meet all requirements of applicable
ordinances and laws.
7-2 LABOR.
7-2.1 General. Only competent workers shall be employed on the Work. Any person employed
who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable,
or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work.
7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor.
The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and
nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall
forfeit to the Agency the penalties prescribed in the Labor Code for violations.
In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing
wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates.
Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations.
The Contractor’s attention is directed to Section 1776 of the Labor Code which imposes
responsibility upon the Contractor for the maintenance, certification, and availability for inspection
of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the
remaining provisions of the Labor Code.
7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the
Public Works Contract.
The cost of this insurance shall be included in the Contractor’s Bid.
7-4 WORKERS’ COMPENSATION INSURANCE. Before execution of the Contract by the
Board, the Contractor shall file with the Engineer the following signed certification:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of this contract.”
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The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for,
and maintaining in full force and effect for the duration of the contract, complete Workers’
Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any
claims in law or equity occasioned by failure of the Contractor to comply with this paragraph.
All compensation insurance policies shall bear an endorsement or shall have attached a rider
whereby it is provided that, in the event of expiration or proposed cancellation of such policies for
any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective.
All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of
the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance.
7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the
Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way.
Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor
shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no
additional compensation will be allowed therefore. The Contractor shall obtain and pay for all
costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor
shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements.
The Contractor shall pay all business taxes or license fees that are required for the work.
7-5.1 Resource Agency Permits. No Resource agency permits are required for the work.
7-6 THE CONTRACTOR’S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be
present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property.
Any order or communication given to this representative shall be deemed delivered to the
Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to
the superintendent or person in charge of the specific work to which the order applies. Such order
shall be complied with promptly and referred to the Contractor or its representative.
In order to communicate with the Agency, the Contractor’s representative, superintendent, or
person in charge of specific work shall be able to speak, read, and write the English language.
7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for
ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or
adjacent to the Work site during the performance of such work.
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The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate
their operations and cooperate to minimize interference.
The Contractor shall include in its Bid all costs involved as a result of coordinating its work with
others. The Contractor will not be entitled to additional compensation from the Agency for
damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of
the Work.
Should the Contractor be delayed by the Agency, and such delay could not have been reasonably
foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the
effect on the project, and any extension of time.
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from
rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and
sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods.
When required by the Plans or Specifications, the Contractor shall furnish and operate a self-
loading motor sweeper with spray nozzles at least once each working day for the purpose of
keeping paved areas acceptably clean wherever construction, including restoration, is incomplete.
Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish
so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in
the Contractor’s Bid.
Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed
immediately and the area cleaned.
Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping.
Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to
suspend work until the condition is corrected. No additional compensation will be allowed as a
result of such suspension.
Cleanup and dust control required herein shall also be executed on weekends and other
non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the
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Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public.
Cleanup and dust control shall be considered incidental to the items of work that they are
associated with and no additional payment will be made therefore.
7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air
contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority.
7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall
be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall
be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the
elimination of offensive odors resulting from extermination operations.
7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of
employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations
pertaining to public health and sanitation of dwellings and camps.
Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities,
sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage
shall not be permitted to flow in trenches or be covered by backfill.
7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and
remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from
any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency
concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to
this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered
incidental to the items of work that they are associated with and no additional payment will be made therefore.
7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule
operations so as to minimize or avoid muddying and silting of said channels, drains, and waters.
Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution.
The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General
Permit Number CAS000002, Waste Discharge Requirements (WDR’s) for Discharges of
Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and
Monitoring Plans for this project in accordance with these regulations.
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7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic
concrete, or other acceptable material will be permitted when necessary. Such dams shall be
removed from the site as soon as their use is no longer necessary.
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the
Work and shall exercise due caution to avoid damage to such property.
The Contractor shall repair or replace all existing improvements within the right-of-way which are
not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility
installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the
remaining lines shall be capped. Repairs and replacements shall be at least equal to existing
improvements and shall match them in finish and dimension.
Maintenance of street and traffic signal systems that are damaged, temporarily removed or
relocated shall be done in conformance with 307-1.5.
Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor’s operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and
covered with suitable mulch.
The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit
them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work.
All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. The Contractor’s operations shall cause no unnecessary
inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be
provided.
Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire
hydrants; commercial and industrial establishments; churches, schools and parking lots; service
stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the
Engineer.
Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian
crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer.
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Vehicular access to residential driveways shall be maintained to the property line except when
necessary construction precludes such access for reasonable periods of time. If backfill has been
completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access.
The work shall be conducted by the Contractor in a manner to provide a satisfactory surface for traffic.
The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services.
The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup.
The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Management at 760-929-9417.
During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved
parking within an 800 foot distance from their homes or businesses.
Public Notification of Work:
See Section 302-4.4 “Public Convenience and Traffic Control” for details about the notification
letter to residences and businesses which is required to be mailed at least 2 weeks prior to the work. In addition to the two-week notification letter, a 72-hr notification door hangar shall be given
to all residences and businesses on the affected streets at least 72 hours prior to resurfacting.
Seventy-two (72) hours prior to the start of any construction in the public right-of-way that affects
vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification
of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway
repairs, the residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and
its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field
office and the other number shall be a 24-hour number answered by someone who is
knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also
give a brief description of the work and simple instructions to the home or business owner on what
they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the
Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall
be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An
example of such notice is provided in Appendix “A”.
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In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction
for a duration not to exceed the time necessary to complete the work at that location. Failure of
the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs
shall be removed and re-posted 72 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
The contractor shall replace all street markings and striping damaged by construction activities.
The Contractor shall include in its Bid all costs for the above requirements.
7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or
equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time.
Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of
equipment may be authorized by the Engineer.
Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be
stored in public streets unless otherwise permitted. After placing backfill, all excess material shall
be removed immediately from the site.
The Contractor shall secure approval, in advance, from authorities concerned for the use of any
bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering “signs” as set forth in the
Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required.
All costs involved shall be included in the Bid.
Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic
Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to
operate or function as specified, from any cause, during the progress of the work, the Contractor
shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install
and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be
required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign
or device, or the actual cost of providing such traffic control facility, whichever is the greater.
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and
control devices shall be maintained throughout the duration of work in good order and according
to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions
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of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb
marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint
shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to
provide traffic control, direction and/or warning shall be furnished, installed and maintained by the
Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight
shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be
removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to
existing conditions. Care shall be used in performing excavation for signs in order to protect
underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs
that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code,
portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type
delineators are used during the hours of darkness, they shall be affixed or covered with reflective
cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 7” long. Personal vehicles of the Contractor's employees shall not be parked within the traveled
way, including any Section closed to public traffic. Whenever the Contractor’s vehicles or
equipment are parked on the shoulder within 6’ 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 not less than 25’ intervals to a point
not less than 25’ past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder
Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree
with flags. The signpost or flag tree shall be placed where directed by the Engineer.
7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall maintain a safe buffer distance from any traffic lane occupied by traffic. The Contractor’s equipment shall maintain a safe distance from any traffic or pedestrians.
A minimum of one (1) paved traffic lane shall remain open and unobstructed for use by public
traffic in each direction of travel at all times. If this is not possible due to road width constraints in
certain areas, the Contractor shall submit a traffic control plan to the Engineer for review and approval prior to implementation. The contractor shall pave all cold-milled areas within the same
work day. The contractor shall not allow public traffic to drive on the cold-milled surface. See
Section 6-7 for details on working hours and traffic control.
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use
in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The
provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the
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traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by
the Engineer, within the limits of the right-of-way.
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control
System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not
start traffic striping operations using an alternative plan until the Contractor has submitted its plan
to the Engineer and has received the Engineer's written approval of said plan.
7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012 as amended for use
in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at
all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the
Contractor. When temporary pavement delineation is removed, all lines and marks used to
establish the alignment of the temporary pavement delineation shall be removed by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose
material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained
until superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic. When
temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed.
7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control
Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included
in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work
for any and all construction activities that are located within the traveled way. The Contractor
shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit
the TCP for the Engineer’s review in conformance with the requirements of Section 2-5.3, et seq.
and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each
submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP
submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve
radii, stationing of features affecting the traffic control plan and the methodology proposed to
transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such
modifications, supplements and/or new design of TCP shall meet the requirements of the
Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012, as amended for use in California as published by CALTRANS. Such modification, addition,
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supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the
suitability and quality of any such modifications, supplements, and/or new designs to TCP. The
Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer’s sole opinion, such modifications, supplements, and/or new designs to the
TCP prepared by the registered professional engineer retained by the Contractor will be beneficial
to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval
until the changed TCP are approved by the Engineer. The preparation of such modification,
addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications,
supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop
Drawings and Submittals.’
7-10.3.7 Payment The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including
flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying
traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining,
moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these
supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and
review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs
will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and
material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental
to the work being performed and no additional payment will be made therefore. Progress
payments for "Traffic Control" will be based on the percentage of the improvement work completed.
7-10.4 Safety.
7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued
by the State Division of Industrial Safety. The Contractor shall comply with provisions of these
and all other applicable laws, ordinances, and regulations.
Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan
to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If
the plan varies from the shoring system standards, the plan shall be prepared by a registered
Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit
shall be submitted to the Engineer.
Payment for performing all work necessary to provide safety measures shall be included in the
prices bid for other items of work except where separate bid items for excavation safety are
provided, or required by law.
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7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and
stored in accordance with all applicable regulations.
The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for
claims caused by blasting operations.
7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous
substances or mixtures may be required on the Work. A Material Safety Data Sheet as described
in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used.
Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the
Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe
conditions.
7-10.4.4 Confined Spaces.
(a) Confined Space Entry Program. The Contractor shall be responsible for implementing,
administering and maintaining a confined space entry program (CSEP) in accordance with
Sections 5156, 5157 and 5158, Title 8, CCR.
Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to
the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following:
1. Training of personnel
2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow
4. Controlled access to the space
5. Atmospheric testing of the space 6. Ventilation of the space
7. Special hazards consideration 8. Personal protective equipment
9. Rescue plan provisions
The Contractor’s submittal shall include the names of its personnel, including subcontractor
personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and
their specific assignment and responsibility in carrying out the CSEP.
(b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in
Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-
required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor
shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and
Agency personnel at the Work site.
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(c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required.
7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions
of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to
persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and
progress of the work, all necessary safeguards for the protection of workers and public, and shall
use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials.
7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall
indemnify and hold the Agency harmless from any legal action that may be brought for
infringement of patents.
7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors,
architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer’s approval.
Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades.
7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect
those employed in the Work or the materials used in the Work or in any way affect the conduct of
the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and
Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel
beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601
et seq. of the Fish and Game Code shall become conditions of the contract.
7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides:
“In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign
to the awarding body all rights, title, and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C. Sec 15) or 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.
The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties.”
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SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL. Facilities are not required for agency personnel.
SECTION 9 – MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.
9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling,
fencing and timber shall be considered as being the true length measured along longitudinal axis.
Unless otherwise provided in Specifications, volumetric quantities shall be the product of the
mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension.
The planimeter shall be considered an instrument of precision adapted to measurement of all areas.
9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular
sections involved.
9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing
shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with
duplicate licensed weighmaster’s certificates showing actual net weights. The Agency will accept
the certificates as evidence of weights delivered.
9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard
Measures.
9-2 LUMP SUM WORK. Items for which quantities are indicated “Lump Sum”, “L.S.”, or
“Job”, shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto.
When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used
only as a basis for determining progress payments on a lump sum contract or designated lump
sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the
lump sum.
9-3 PAYMENT
9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in
accordance with the Plans and Specifications. Upon completion of construction, if the actual
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quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1.
The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals.
Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it
has been placed, and material placed outside of the Plan lines. No compensation will be allowed
for disposing of rejected or excess material.
Payment for work performed or materials furnished under an Assessment Act Contract will be
made as provided in particular proceedings or legislative act under which such contract was awarded.
Whenever any portion of the Work is performed by the Agency at the Contractor’s request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due
or becoming due from the Agency.
Whenever immediate action is required to prevent injury, death, or property damage, and
precautions which are the Contractor’s responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause
such precautions to be taken and shall charge the cost thereof against the Contractor, or may
deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety
from liability.
Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such
payment be construed to be acceptance of any of the Work. Payment shall not be construed as
the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially
completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section
6-10.
Guarantee periods shall not be affected by any payment but shall commence on the date of
recordation of the “Notice of Completion.”
If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency,
due to the Contractor’s failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with
applicable laws.
At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed
by law, the amount deducted from the final estimate and retained by the Agency will be paid to
the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained.
9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing
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that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency’s payment procedure.
Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based
on contract unit prices, completed change order work and as provided for in Section 9-2 of these
General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall
complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s
information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request
to the Engineer with adequate justification supporting the amount of supplemental payment
request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper
payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document
setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within
thirty (30) days after receipt of an undisputed and properly submitted supplemental payment
request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then 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.
From each progress estimate, 5 percent will be deducted and retained by the Agency, and the
remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from
remaining progress estimates and from the final estimate may be limited to $500 or 5 percent of
the first half of total Contract amount, whichever is greater.
No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9.
As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the
Contract.
After final inspection, the Engineer will make a Final Payment Estimate and process a
corresponding payment. This estimate will be in writing and shall be for the total amount owed
the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or
to be made for prior payments and amounts to be deducted under provisions of the contract.
All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount.
The Contractor shall provide all documentation at the time of submitting the statement supporting
its position. Should the Contractor fail to submit the statement and supporting documentation
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within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by
the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable
time such further information and details as may be required by the Engineer to determine the
facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written
statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted
no later than 30 days after receipt of the Final Payment estimate. No claim will be considered
that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed
Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and
Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s
claims and it will be the responsibility of the Contractor to furnish within a reasonable time such
further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute.
9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into
the Work will be included in the progress estimate.
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the work will not be included in the progress estimate.
9-3.4.1 Mobilization and Preparatory Work. Payment for Mobilization and preparatory work will
be made at the stipulated lump-sum price of $25,000, and includes full compensation for
furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and
operations, including, but not limited to, those necessary for the movement of personnel,
equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and
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operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of
these specifications. The Contractor hereby agrees that the stipulated lump sum amount is
sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work.
Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%)
of the amount bid for Mobilization and Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory
work will be allowed therefore.
9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed
in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract
Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping,
irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible
to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense.
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SUPPLEMENTAL PROVISIONS
TO
“GREENBOOK”
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General. Add the following: Aggregate base shall be Crushed Aggregate Base per
Greenbook Section 200-2 and as specified herein.
200-2.2 Crushed Aggregate Base. Add the following: Crushed Aggregate Base shall be free
from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. The aggregate shall not be treated with lime, cement or other chemical material before tests are
performed.
Samples for testing shall represent every 500 cubic yards or one day's production, whichever is
smaller. If the results of the aggregate grading tests do not meet the requirements for Percentage Passing Sieve as specified in Table 200-2.2.2, but meet the Quality Requirements as specified in
Table 200-2.2.3, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until test results indicate to the satisfaction
of the Engineer that the next material to be used in the work will comply with the requirements
specified for Percentage Passing Sieve.
If the results of both the aggregate grading and Sand Equivalent tests do not meet the
requirements of Section 200-2.2, the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor, and approved at the sole discretion of the
Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $50
per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may be come due, to the Contractor under the contract.
SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
203-6.3 Job Mix Formula (JMF) and Mix Designs. Add the following: Asphalt concrete shall be
class C2-PG 64-28PM and PG 76-22PM. No more than 15% reclaimed asphalt pavement (RAP)
shall be allowed in any asphalt concrete (AC) mix.
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203-6.4.4 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be
determined from samples of final asphalt concrete material. In addition to evaluation of the final
asphalt material, samples of aggregate, RAP, and asphalt binder will be taken for testing. In case of dispute between the contractor and the Agency, the Engineer has the authority to request core
samples for analysis from the placed asphalt concrete for any of the acceptance criteria, at the
locations determined by the Engineer. All samples shall be taken in accordance with California Test 125, and the following table:
Sampling Location
Asphalt Concrete Trucks, or
Mat behind the paver
Aggregate Cold feed belts, or
Hot bins prior to addition of asphalt binder
RAP RAP system, or
RAP feed belts
Asphalt Binder Asphalt binder supplier, or
Storage tanks at the plant during production
When behind the paver or core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material
for the required testing.
When using core samples, the samples must be properly prepared to safeguard against influx of
outside contaminates and so that the cut surfaces do not influence the test results.
Material samples of the asphalt concrete shall be on a lot basis. A standard lot shall be equal to
one day’s production or 750 tons, whichever is smaller. The samples and testing results shall be
representative of their entire sample lot.
Table 203-6.4.4, design criteria, shall be modified per the following table, the gradation shall stay
the same:
TABLE 203-6.4.4 – MODIFIED (DESIGN CRITERIA)
B C1 C2
Dense Medium
Coarse
Coarse
Medium
Dense
Medium
Asphalt Binder % 5.0-6.5 5.0-6.5 5.0-6.5
Hveem Stability "S
Value" (min) 35 35 35
Air Voids 4% 4% 4%
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203-6.8 Asphalt Concrete Storage. Replace existing section with the following: Storage of asphalt concrete shall not be allowed.
203-16 POLYMER MODIFIED ASPHALT CONCRETE (PMAC).
203-16.1 General.
Modify with the following: PMAC shall be the product of mixing mineral aggregate and up to 15% RAP with polymer modified paving asphalt at a central mixing plant.
203-16.3 Job Mix Formulas and Mix Designs.
Add the following:
Contractor shall submit for approval an asphalt concrete mix design per Greenbook Section 203-6.3. The asphalt concrete mix design method shall be Hveem with the optimal binder content
determined by California Test 367. The mix design shall conform to Greenbook Table 203-6.4.4
for gradation, and the above MODIFIED (DESIGN CRITERIA) table.
203-16.4.3 Composition and Grading.
Add the following: Polymer modified concrete shall be class PG 64-28PM and PG 76-22PM, C2 Dense Medium, as
specified on the plans and contract documents.
203-16.9 Acceptance.
Modify the second and third sentences, and add the following table: The asphalt binder content shall be within +/-0.4 percent of that shown on the respective job mix formula or mix design. In addition, air voids will also be used as an acceptance criteria. Air voids
shall be 4% +/- 2%.
MODIFIED ACCEPTANCE CRITERIA
B C1 C2
Dense Medium
Coarse
Coarse
Medium
Dense
Medium
Asphalt Binder % Optimum Binder Content +/- 0.4%
Hveem Stability "S Value" (min) 35 35 35
Air Voids 4% +/- 2% 4% +/- 2% 4% +/- 2%
Add the following:
Material samples of the asphalt concrete shall be on a lot basis. A standard lot shall be equal to one day’s production or 750 tons, whichever is smaller. The samples and testing results shall be
representative of their entire sample lot.
SECTION 206 - MISCELLANEOUS METAL ITEMS
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Add the following section:
206-7 PORTABLE CHANGEABLE MESSAGE SIGN (PCMS)
Add the following section:
206-7.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer.
The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -
20ºC (-4ºF) to +70ºC (158ºF) and shall not be affected by unauthorized mobile radio transmissions.
The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4
m (14.5') above the ground. After initial placement, PCMS shall be moved from location to
location as directed by the Engineer
As part of the bid item “Traffic Control,” at least one PCMS will be required in each direction of
travel affected by the work on the major streets and intersection work. The traffic control plans shall clearly show the PCMS’ locations. The PCMS shall warn motorists of the work one (1) week
prior to start of the work and for the entire duration of the work.
Add the following section:
206-7.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display
not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a
method which does not interfere with the clarity of the sign message. The sign shall be raised and
lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection.
Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting
conditions. The sign shall have manual dimming operation modes of 3 or more different lamp
intensities.
Matrix signs not utilizing lamps shall be either internally or externally illuminated at night.
The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing
the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre-
programmed stored messages. The keyboard shall be equipped with a security lockout feature
to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not
activated. The controller shall provide for a variable message display rate which allows the
operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet.
Add the following section:
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206-7.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The
PCMS will be diligently maintained and repaired by the Contractor throughout the project in
accordance with the manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the
provisions of these specifications, including current registration.
Add the following section:
206-7.4 Measurement and Payment. The cost for PCMS shall be included in the bid item Traffic
Control and include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining,
repairing, replacing, transporting from location to location, and delivery of the signs to the City at
the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made.
SECTION 213 - ENGINEERING GEOSYNTHETICS
213-5 GEOTEXTILES AND GEOGRIDS.
Add the following: Geogrid used for base stabilization shall be Tensar TriAx. Pavement reinforcement shall be Tensar GlasGrid. Contractor shall follow manfuacturer’s installation
instructions and recommendations.
SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT
MARKINGS, AND PAVEMENT MARKERS
214-4 PAINT FOR STRIPING AND MARKINGS.
Add the following section:
214-4.3 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines,
chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01R2. Paint for pavement legends, pavement symbols, pavement arrows, cross walks,
parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS
Specification No. PTH-02ALKYD. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of
CALTRANS Specification No. 8010-004 (Type II). CALTRANS Specifications for water borne
paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916)
227-7000.
214-6.4 RETROREFLECTIVE PAVEMENT MARKERS
Add the following section:
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214-6.5 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-6.4.2,
or equal thereto.
TABLE214-6.4.2
TEMPORARY REFLECTIVE PAVEMENT MARKERS
Type Manufacturer of Distributor
TOM- Temporary Overlay
Markers
Davidson Traffic Control Products, 3110 70th Avenue East, Tacoma,
WA 98424,
(877) 335-4638
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SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 302 - ROADWAY SURFACING
302-4.5 Scheduling, Public Convenience and Traffic Control. Add the following: The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work
so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste
Management at (760) 929-9400. The Contractor shall accommodate mail delivery to residences and businesses during the work.
At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all property addresses on which resurfacing shall occur. Obtaining the appropriate addresses shall be
the contractor’s responsibility. A sample letter shall be provided by the city and the Contractor shall use the city’s sample letter with appropriate street names, dates, times, and phone numbers specific
to the work inserted in the letter.
During resurfacing operations, the Contractor’s schedule shall be designed to provide residents and
business owners sufficient paved parking within a 900 foot distance from their homes or businesses.
Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contract shall give written notification of the impending
disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences
and/or businesses directly affected by the work shall be notified.
The Contractor shall deliver the 72-hour advance notification door hangar which shall state the date
and time the work will begin and its anticipated duration. The notification shall list two telephone
numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24 hour number answered by a
representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the 760 area code. An answering machine shall not be connected to either
number. The notification shall also give a brief description of the work and simple instructions to the
home or business owner on what they need to do to facilitate the construction. The Contractor shall use the sample door hangar provided by the city and submit door hangars to the Inspector for
approval. Notices shall not be distributed until approved by the Inspector.
The notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without
adhesives. It shall be a minimum size of 3 ½ inches by 8 ½ inches and shall be brightly colored with
contrasting printing. The material shall be equivalent in strength and durability to 65 lb card stock. The printing on the notice shall be no smaller than 12 point. The door hangars shall show the street
name, date, time, phone numbers, and appropriate information specific to the work inserted.
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The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for “Public Notification of Work” and the Contractor will not be entitled to any additional
compensation for work outlined in this section.
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(Name of Contractor)
(Address of Contractor)
(Contractor’s License Number)
(Date)
As part of the City of Carlsbad’s ongoing program to maintain our roadways, streets in your neighborhood
are scheduled for resurfacing in the coming weeks. The resurfacing work will require traffic control to be
put in place in those areas. The work will take place between the hours of 8:30 a.m. and approximately
3:30 p.m., or until the traffic control devices are removed.
Residents located on the streets scheduled for resurfacing will be notified 72 hours in advance of the work.
Look for a brightly colored 3 ½” x 8 ½” card attached to your doorknob. You will also notice temporary “no
parking” signs on your street with a specific “no parking” date written on it.
PLEASE NOTE: weather conditions and other factors outside our control can sometimes cause work to be
rescheduled at the last minute. If this happens, we will notify you as soon as possible of the new date.
To prepare for this road work, we are asking neighbors to help. Here’s how:
Park your car outside the area of work unless you plan to leave before 8 a.m. the morning the
work starts. Watch for “no parking” signs.
Park your car in your driveway or garage (off the street) if you aren’t going to need it between
8:30 a.m. and 3:30 p.m.
Avoid walking, biking and skate boarding on new roads until construction signs are removed.
Please keep kids and pets off the new roadway on the day of the resurfacing.
Do not walk on the newly resurfaced street or you may get black residue on the bottom of your
shoes. The residue may damage or mark surfaces and be very difficult to remove.
Please try to keep the work area and new road dry until construction signs are removed.
Monitor sprinklers, hoses and other water sources around your home.
Please note that mail could be delayed on the day of the resurfacing if your postal carrier cannot
reach your mailbox.
Work will be coordinated with trash pick‐up.
If you have a special concern or need reasonable accommodations, please call the City of
Carlsbad at 760‐602‐2780.
(Contractor Name) will be performing the resurfacing work for the city. You may call a
contractor representative at (XXX) XXX‐XXXX for more information about the project and to answer
questions. For a map of all streets scheduled for resurfacing throughout the city, please visit the city
website at www.carlsbadca.gov, click on City Services> Streets and Traffic> Maintenance> Street
Resurfacing.
The City of Carlsbad has some of the most well‐maintained streets in the region thanks to the cooperation
of community members like you. We appreciate your patience and understanding, and we will do
everything we can to get this work done quickly and efficiently.
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302-5 ASPHALT CONCRETE PAVEMENT.
302-5.1 General. Add the following: The Contractor shall treat all vegetation within the limits of the
paved area to receive asphalt concrete paving in accordance with the City’s Integrated Pest Management (IPM) plan. The document can be found on the City’s website. Allowance for the
vegetation treatment period shall be shown in the schedule required per section 6-1.
302-5.2 Pavement Transitions. add the following: The Contractor shall ramp the approaches and
termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic
with temporary asphalt concrete pavement as specified in section 306-13.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp
dimensions and compaction shall be as approved by the Engineer.
302-5.4 Tack Coat. Add the following: The Contractor shall place a tack coat between the successive
interfaces of existing pavement and new asphalt concrete.
302-5.5 Distribution and Spreading. Modify as follows: After second sentence of sixth paragraph,
add: The Contractor shall provide the self-propelled spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control. The automatic screed control
shall be 5.5 m (18’) minimum length. The paving machine shall be operated by an operator and two
full-time screed men during all paving. The Contractor shall provide an on-site backup paving machine during all paving operations.
No conveyor belt systems will be allowed for moving the AC. No AC windrows will be allowed. Only a surge volume/remix material transfer vehicle (MTV) is allowed to receive the AC from the haul trucks and
then place it in the self-propelled spreading and finishing machine. If the Engineer determines the use of
the MTV is not practical for a portion of the project, the Engineer may waive its requirement for that portion.
302-5.6.1 General. Modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise
directed by the Engineer.
Add the following section:
302-5.8 Manholes and Valve Boxes (and other structures). The Contractor must locate and record locations of all appurtenances in the roadway including, but
not limited to, manholes, access holes, valve boxes, blow-offs, air releases, sewer cleanouts, and
survey monument boxes. Prior to grinding or paving adjacent to any structure, Contractor shall install plywood shelves or umbrella devices in order to prevent debris from falling into structures. Prior to
placing the overlay, the Contractor shall install rubber nipples/risers on top of all appurtenances in the
roadway and pave over the rubber nipples/risers. Each manhole cover shall be treated or covered to prevent adhesion of the overlay. Each City-owned manhole and cleanout shall be located and raised
to grade within 72 hours after the overlay is placed and shall be thoroughly cleaned of any construction
debris which may have entered due to the Contractor’s operation. Each valve box shall be replaced per CMWD Standard Drawing No. W-13. Each 2” Blow-off/Manual Air Release box shall be replaced
per CMWD Standard Drawing W-6. The contractor shall be responsible for matching the finish grades of the new pavement to match the
existing manholes, as to create a smooth finish surface, and not have any abrupt changes in or around the manholes.
In the event of any damage to existing manholes during construction activities, the contractor shall
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replace them at the contractor’s expense, and no extra payment shall be made to the contractor. All City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. S1. All storm
sewer access covers shall be adjusted per SDRSD D-10. For all non-City owned appurtenances, manholes, valve boxes, or other structures in the roadway or
in conflict with the proposed improvements, the contractor shall coordinate with the proper agency contact. For Leucadia Wastewater District, contact Ian Riffel at (760) 753-0155 ext.3002. For Olivenhain Municipal Water District, contact Dan Bean at (760) 415-8548.
For all non-City owned appurtenances, manholes, valve boxes, or other structures in the roadway or
within the project limits, if the contractor and the owner of the non-City owned utilities mutually agree
to contract with one another to adjust or replace the appurtenances, the contractor shall extend them the same bid prices as offered in this contract, with up to 10% markup only.
Survey monument boxes shall be replaced and adjusted to grade per SDRSD M-10.
Riser rings or extensions shall not be used for the adjustment of City-owned appurtenances.
Replacing and adjusting to grade all City-owned appurtenances in the roadway shall be paid for at the contract unit price per each as shown in the Bid. Such price shall constitute full compensation for all
labor, materials, and equipment necessary for completing the work as described in these
specifications, including traffic control and prevention from debris falling into structures. Other Agencies may adjust their own appurtenances or other Agencies may contract with a third party to
raise their appurtenances.
302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete placed and
compacted shall be at the unit price bid per ton. No additional payment shall be made for any tack coat, material transfer vehicle, compaction, traffic control, or other incidentals.
Add the following section:
302-15 ASPHALT PAVEMENT REPAIRS AND REMEDIATION
Add the following section.
302-15.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of cold milling or
saw cutting, removal and disposal of existing asphalt pavement in conformance with section 400, compaction of existing subgrade, if applicable, in conformance with section 301-1, grading and
compaction of base material, if applicable, in conformance with section 301-2, application of grade
SS-1h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein. Damage to existing traffic loops caused by pavement repairs or grinding will require
immediate replacement of the traffic loops unless video detection has been set up and the loops are
unnecessary. If pavement fabric or petromat is encountered during any pavement repairs or grinding, the Contractor shall remove and dispose of it. The cost of the work described in this section shall be
included in the bid price for the repair itself or cold milling (grinding).
302-15.3 AC Cold Milling and Disposal of Grindings. Cold Milling or grinding shall be in accordance
with the provisions of Section 404 of the Greenbook, latest edition. The Contractor shall cold mill or
diamond grind the existing AC to the width and depth as shown on the plans. In the field, the Engineer may change the width and depth of the cold milling at his discretion. If the Contractor’s cold milling
severs any traffic detection loops, the Contractor shall replace them immediately at the Contractor’s expense. Existing advance traffic signal loop detectors shall be replaced by the Contractor and paid for per the bid item Traffic Signal Detector Loops, even when video detection has been installed at the
intersection. Contractor shall install Type E Loop Detector per Caltrans Revised Standard Plan RSP
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ES-5B. Contractor shall construct temporary AC ramps at the cold-milled edges which are perpendicular to the direction of travel. Payment for construction, removal, and disposal of temporary
asphalt concrete ramps shall be included in the bid item for cold milling. As shown on the plans, some cold milling may require tapering of milled thickness.
An asphalt core sample on La Costa Avenue near Calle Madero showed the presence of pavement fabric approximately 2” below the finish surface. Other core samples on La Costa Avenue west of El Camino Real, and near Romeria Street did not show pavement fabric. The limits and extent of the
pavement fabric are unknown. If and when the Contractor encounters pavement fabric or petromat during cold milling, the Contractor shall remove and dispose of the pavement fabric or petromat.
The cost of removing and disposing pavement fabric or petromat shall be included in the Contractor’s
bid price for cold milling and no additional payment will be made therefore.
Add the following section.
302-15.4 Crack Sealing. Not included in this project.
Add the following section.
302-15.5 Measurement and Payment. Quantities of pavement repairs as set forth in the bid items are for estimating purposes only. Final quantities will be as designated and measured in the field.
The Engineer will designate and mark the limits of the repairs. The Contractor shall provide Traffic
Control for the Engineer to walk in the street and mark the limits of the repairs. The cost of the Traffic Control for the Engineer shall be included in the lump sum bid price for “Traffic Control.” Full
compensation for conforming to the requirements of constructing pavement repairs shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work as outlined in the appropriate section, including but not limited to, cold milling, saw cutting, removing and
disposing of existing asphalt concrete, removing and disposing of roots beneath the pavement, removing and disposing of aggregate base/subbase and basement soil as designated by the engineer,
placement of aggregate base, asphalt concrete, compaction of subbase, aggregate base, and asphalt
concrete, placement of tack coats and all other work incidental to the pavement repairs shall be considered as included in the contract unit price bid and no additional compensation will be allowed
therefore.
The bid prices for pavement repairs and cold milling shall include removing and disposing of pavement
fabric or petromat when encountered.
SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS,
AND PAVEMENT MARKERS
310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth
paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision
necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Striping Plans, or for approved temporary traffic
control essential for safe control of traffic through and around the construction site. The Contractor
shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed
prior to painting the new traffic stripes or markings.
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS.
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314-2.1 General. Add the following paragraph: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that
conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (1/8”) in 3 m (10’) when
measured parallel to the centerline of the street or more than 6 mm (1/4”) in 3 m (10’) when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of
providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction.
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKERS.
314-4.1 General. Add the following paragraph: The Contractor shall furnish all equipment, materials,
labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Striping Plans, or for
approved temporary traffic control essential for safe control of traffic through and around the
construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no
longer required, they shall be removed prior to painting the new traffic stripes or markings.
314-4.2.1 General. Modify the first paragraph as follows: The Contractor shall establish the necessary
control points for all required pavement striping and markings by surveying methods. No layout of
traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other
method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the
specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall
lay out (cat track) immediately behind installation of surface course asphalt and as the work
progresses.
314-4.3.2 Surface Preparation. Add the following paragraph: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that
conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be
permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course
and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from
high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement
surface. Surface variation limitations for high velocity water jet striping removal shall be the same as
for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint,
light emulsion oil or any other masking method other than a minimum 30mm (0.10’) thick asphalt
concrete overlay is not permitted.
314-4.3.5 Application. Add the following paragraphs: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer and within 72 hours of pavement resurfacing. After one week, a second coat of paint shall be applied to all final, approved striping. The
Contractor shall paint the ends of each median nose yellow.
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If required by the approved traffic control plans, the Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly
visible both day and night.
314-4.3.7 Payment. Modify the section as follows: Final and temporary traffic striping, curb markings
and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for temporary and final traffic striping, and no additional compensation will be allowed therefore. Reapplication of temporary stripes and markings shall be repainted at the
Contractor's expense, and no additional compensation will be allowed therefore. The lump sum prices bid and shall include all labor, tools, equipment, materials, and incidentals for doing all work in
installing the final and temporary traffic striping.
314-5 PAVEMENT MARKERS.
Add the following section:
314-6.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove
reflective channelizers the same as for pavement marker placement and removal. The Contractor
shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 314-4.3.5.
The Contractor shall perform all layout work necessary to place the channelizers to the proper
alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor.
When reflective channelizers are removed, the pavement surface shall be restored to the same color
and surface finish as the adjacent pavement.
SECTION 315 - TEMPORARY TRAFFIC CONTROL DEVICES
Add the following section:
315-1 TEMPORARY TRAFFIC PAVEMENT MARKERS.
Add the following section:
315-1.1 General. The Contractor shall supply and install temporary traffic pavement markers,
channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way
served by said final and temporary traffic pavement markers, signing, railing (type K) and
appurtenances to public traffic.
315-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be
placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer,
except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in
areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The
Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the
removable-type pavement markers shall conform to the section 314-5 "Pavement Markers", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as
specified in section 314-5.4 “Placement”, shall not apply; and epoxy adhesive shall not be used to
place pavement markers in areas where removal of the markers will be required.
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Add the following section:
315-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions.
The reflective sheeting shall be 75 mm x 300 mm (3” x 12”) in size. The reflective sheeting shall be visible at 300 m (1000’) at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same
manner as provided for cementing pavement markers to pavement in section 314-5.4, “Placement.” Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the
alignment and location shown on the plans and as directed by the Engineer. The channelizers shall
be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the
Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause,
the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the
provisions of section 4-1.5, "Certification”. Said certificate shall certify that the channelizers comply
with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program
approved by the Engineer.
Add the following section:
315-2 TEMPORARY TRAFFIC SIGNING.
Add the following section:
315-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers,
markings, and delineators at locations shown on plans and specified herein.
Add the following section:
315-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace
the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking
being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking.
Add the following section:
315-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary
channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary
appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing,
maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the
Standard Specification and these special provisions, and as directed by the Engineer. Payment for
temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-
painting, replacement of damaged units and removal and shall also be included in the lump-sum price
bid for traffic control. Payment for installation and/or relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work,
SSPWC.
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