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Home My WebLink AboutHPS Mechanical Inc; 2020-05-01; JOC20-935CA' ' CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT San Dieg·o County California CONTRACT DOCUMENTS, GENERAL PROVISIONS AND SUPPLEMENTAL PROVISIONS FOR JOB ORDER CONTRACT JOB ORDER CONTRACTS JOC20-933CA, JOC20-934CA, JOC20-935CA {'\ •ff Job Order Contract (JOC) (Rev.Nov.2019) Page 1 of 59 Pages TABLE OF CONTENTS SECTION PAGE 1. NOTICE INVITING BIDS............................................................................................................ 3 2. INSTRUCTIONS TO BIDDERS.................................................................................................... 5 3. ATTACHMENTS........................................................................................................................ 12 a. SCOPE OF WORK................................................................................................... 13 b. SUPPLEMENTARY SPECIAL PROVISIONS .............................................................. 15 c. JOB ORDER CONTRACT SPECIAL CONDITIONS...................................................... 16 d. JOB ORDER CONTRACT TECHNICAL SPECIFICATIONS........................................... 26 e. CONSTRUCTION TASK CATALOG........................................................................... 27 f. CONTRACTOR'S PROPOSAL................................................................................... 28 g. CERTIFICATION AND FORMS................................................................................ 34 h. CONTRACT PUBLIC WORKS .................................................................................. 45 ,, •,;' Job Order Contract (JOC) (Rev.Nov.2019) Page 2 of 59 Pages NOTICE INVITING BIDS The City of Carlsbad (City) and the Carlsbad Municipal Water District (District), a subsidiary of the Agency shall be hereafter referred to as the "Agency". Until 2 p.m. on December 16, 2019, the Agency shall accept sealed bids. Submit bids on the attached bid proposal form in a sealed enveloped plainly marked "BID OPENING" and with the following information: December 16, 2019, 2 p.m. JOB ORDER CONTRACT (Refer to Table 1 on pg. 4) (Date of Bid Opening) (Project) (Bid Number) as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Eleida Felix Yackel, Senior Contract Administrator, 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 of: JOB ORDER CONTRACTS JOC20-933CA, JOC20-934CA, JOC20-93SCA This Notice of Inviting Bids is for the intent to award up to three (3) Job Order Contracts (JOC) for the contract types listed on Table 1 (Refer to page 4). Each bidder may only submit one and only one bid per contract type. If a bidder submits more than one bid for a contract type, then that bidder will be disqualified for all bids submitted and those bids will be returned to the bidder unopened. SUMMARY OF WORK: For additional information refer to Attachment A. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract 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 Agency 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 Agency Engineer is the Agency'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 en- forcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which ,, •+; Job Order Contract (JOC) (Rev.Nov.2019) Page 3 of 59 Pages generally requires keeping accurate payroll records, verifying and certifying payroll records, and mak- ing them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. LICENSE REQUIREMENTS Except as provided herein a bid submitted to the Agency 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 Agency. The Contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. To be eligible for award of a contract, Prime contractor must possess a valid contractor's license for the required Contract Type (Refer to Table 1 on page 4 for requirements). AWARD PROCESS The Agency may award a Job Order Contract to the lowest, responsive, and responsible bidder for each Contract Type described below in Table 1. The award of these Contracts is contingent upon the Contractors' compliance with all conditions of Award as stated within these documents and within the Notice of Intent to Award. Upon acceptance of bids and determination of the apparent low bidder, the Agency will prepare the Contract documents for execution. The Agency will then award the Contract upon receipt of properly signed Contract Documents. The Contracts will be deemed executed and effective only upon the ap- proval of Council / Board of Directors, the signing of the Contract by the Mayor/President or his designee and the Agency Attorney's Office/ Deputy General Counsel. The Agency intends to award one (1) contract for each contract type as identified in the table below. License Contract Contract Type Required No. JOC20-Mechanical/ C-20 933CA HVAC Sewer Pipeline JOC20-Rehab & Replace- 934CA ment and Access A Hole Replacement Water Pipeline JOC20-Repair & Replace- 935CA ment & Valve A Replacement ('\ •+; Job Order Contract (JOC) (Rev.Nov.2019) Additional Preferred Licenses C-4, C-36, C-38 & C-43 C-31, C-34 & C-42 C-31 & C-34 TABLE 1 Maximum Payment Bid Minimum Maximum Contract and Deposit Contract Contract Duration Perfor- Value Value (Sum of mance Terms) Bonds (ea.) $25,000 $25,000 $1,000,000 5 years $1,000,000 $25,000 ' $25,000 $1,000,000 5 years $1,000,000 $25,000 $25,000 $1,000,000 5 years $1,000,000 Page 4 of 59 Pages SUBMISSION OF QUESTIONS Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Eleida Felix Yackel, Senior Contract Administrator Eleida.felixyackel@carlsbadca.gov Questions or clarifications deemed by the Agency to be material shall be answered via issuance of an addendum and posted to the Agency's online bidding service. Only questions answered by formal written addenda shall be binding. Oral and other interpretations or clarifications shall be without legal effect. It is the Bidder's responsibility to be informed of any addenda that have been issued and to include all such information in its Bid. AGENCY'S RESPONSES AND ADDENDA The Agency, at its option, may respond to any or all questions submitted in writing via the Agency's eBidding web site in the form of an Addendum. No other responses to questions, oral or written shall be of any force or effect with respect to this solicitation. The changes to the Contract Documents through addendum are made effective as though originally issued with the Bid. The Bidders shall acknowledge the receipt of addenda at the time of Bid submission. Bidders are advised to verify the issuance of all Addenda and receipt thereof one day prior to bid- ding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. AGENCY'S RIGHTS RESERVED The Agency reserves the right to cancel the Notice Inviting Bids at any time, and further reserves the right to reject submitted Bids, without giving any reason for such action, at its sole discretion and without liability. Costs incurred by the Bidder(s) as a result of preparing Bids under the Notice Inviting Bids shall be the sole responsibility of each Bidder. The Notice Inviting Bids creates or imposes no obligation upon the Agency to enter a Contract. MANDATORY PRE-BID CONFERENCE As a condition of bidding, prospective bidders must attend a Mandatory Pre-Bid Conference. The Mandatory Pre-Bid Conference will be held on November 25, 2019 at 9 a.m. at the Faraday Center, Room 173A, located on 1635 Faraday Avenue, Carlsbad, CA 92008-7314, for the purpose of discussing the JOC concept, documents, bid considerations and to discuss JOC from a contractor's viewpoint. INSTRUCTION TO BIDDERS INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents including the General Provisions, and Supplemental Provisions, Job Order Contracting Special Provisions, the Construction Task Catalog" and the Technical Specifications 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 Agency and the Bidder. {'\ •+;' Job Order Contract (JOC) (Rev.Nov.2019) Page 5 of 59 Pages A JOC is an indefinite delivery / indefinite quantity contract pursuant to which the Contractor may perform an ongoing series of individual Tasks at different locations within the Agency. The bid docu- ments include a Construction Task Catalog® containing construction tasks with preset Unit Prices. All Unit Prices shall be based on local labor, material and equipment prices and are for the direct cost of construction. The Contractor will bid two Adjustment Factors to be applied to the Unit Prices. One Adjustment Factor for performing work during Normal Working Hours and a second Adjustment Factor for per- forming work during Other Than Normal Working Hours. The same two Adjustment Factors shall apply to every Pre-priced Task in the Construction Task Catalog®. TERM OF CONTRACT(S) AND OPTION PERIODS The Base Term of a Contract is three (3) years with two (2) additional One (1) year Option Terms to extend for time only. Under no circumstance shall the contract exceed the Maximum Contract Value. Both parties must agree in writing to extend the Contract for an Option Term. The duration of each Option Term is one year. All Job Orders issued during the term of the Contract shall be valid and in effect not withstanding that the Scope of Work may be performed, payments may be made, and the guarantee period may continue, after the Contract term has expired. All terms and conditions of the Contract shall continue to apply to the performance of each Job Order, payments thereunder, and applicable guarantee periods. REQUEST FOR JOB ORDER PROPOSALS Thereafter, as projects are identified the Contractor will jointly scope the work with the Agency. The Agency will prepare a Detailed Scope of Work and issue a Request for Proposal to the Contractor. The Contractor will then prepare a Job Order Proposal for the Project including a Job Order Price Proposal that shall equal the value of the approved Job Order Price Proposal, drawings and sketches, a list of subcontractors and materialmen, construction schedule, and other requested documentation. If re- quired a Scope Meeting to take place on-site between the Agency and the JOC Contractor will be scheduled. The value of the Job Order Price Proposal shall be calculated by summing the total of the calculation for each Pre-priced Task (Unit Price x quantity x Adjustment Factor) plus the value of all Non-Pre- priced Tasks. The Contractor will be required to obtain at least 3 competitive quotes from outside sources for all Non-Pre-priced Items. If the Job Order Proposal is found to be complete and reasonable, a Job Order may be issued. A Job Order issued by the Agency will include a Detailed Scope of Work from the agreed upon Job Order Proposal and set forth the Job Order Completion Time, and the Job Order Price. The Job Order Price shall be a lump sum, fixed price for the completion of the Scope of Work. A separate Job Order will be issued for each construction work Project. Extra work, credits, and deletions will be contained in a Supplemental Job Order. ,., •+' Job Order Contract (JOC) (Rev.Nov.2019) Page 6 of 59 Pages The JOC Contractor must accept and complete ALL Job Orders assigned to them by the Agency. JOC Contractors may not opt-out or decline to accept a Job Order. JOC Contractors who decline to accept a Job Order will be considered in breach of this Contract and may be default. The Agency selected The Gordian Group's (Gordian) Job Order Contracting (JOC) Solution for their JOC program. The Gordian JOC Solution TM includes Gordian's proprietary JOC Software Applications, construction cost data, and Construction Task Catalog®, which shall be used by the Contractor solely for the purpose of fulfilling its obligations under this Contract, including the preparation and submis- sion of Job Order Proposals, subcontractor lists, and other requirements specified by the Agency. The Contractor shall be required to execute Gordian's JOC System License and Fee Agreement and pay a 1% JOC System License Fee to obtain access to the Gordian JOC Solution™. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE WORK The work shall be performed in strict conformity with the plans, provisions, and specifications asap- proved by the Agency Council/ Board of Directors of the Agency on file with the City Clerk/ Secretary Office. The specifications for the work include the Standard Specifications for Public Works Construc- tion, 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 Agency encourages the participation of minority and women-owned businesses. The Agency en- courages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. MINIMUM AND MAXIMUM CONTRACT VALUES The Minimum Contract Value for each Contract is $25,000. The Contractor is guaranteed to receive the opportunity to perform Job Orders totaling at least $25,000 during the Base Term of the Contract. The Maximum Contract Value for each Contract is $1,000,000. The Contractor is not guaranteed to receive this volume of Job Orders. The Agency has no obligation to give the Contractor the oppor- tunity to perform Job Orders whose total value is in excess of the Minimum Contract Value. ADJUSTMENT FACTORS There are two Adjustment Factors for the Contract(s). When preparing a Job Order Price Proposal, the Contractor shall select the appropriate Adjustment Factor for each task. The Adjustment Factors are as follows: 1. Normal Working Hours: Monday through Friday 7:00 a.m. to 5:00 p.m. except Agency holi- days. 2. Other Than Normal Working Hours: Monday through Friday after 5:00 p.m. and before 7:00 a.m. and all-day Saturday, Sunday and Agency holidays. l'\ •+;' Job Order Contract (JOC) (Rev.Nov.2019) Page 7 of 59 Pages The Other Than Normal Working Hours Adjustment Factor must be equal to or greater than the Nor- mal Working Hours Adjustment Factor. All Adjustment Factors 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 Con- tractor. BID EVALUATION For bid evaluation purposes only, the following work distributions shall be used to determine the Award Criteria Figure: Adjustment % Weight (For Low Bid Evaluation Factor Only) Normal Working Hours (AF 1) 70% Other Than Normal Working Hours (AF 2) 30% All Unit Prices listed in the Construction Task Catalog"' are priced at a net value of 1.0000. The Adjust- ment Factors shall be an increase or decrease to all the Unit Prices listed in the Construction Task Catalog'". For example, an Adjustment Factor of 1.1000 would be a 10% increase to the Unit Prices and an Adjustment Factor of 0.9500 would be a 5% decrease to the Unit Prices. Bidders who submit separate Adjustment Factors that do not apply to all the Unit Prices will be considered non-respon- sive and their bid will be rejected. The bidder with the lowest Award Criteria Figure that meets all the bid requirements will be considered the apparent low bidder. The Award Criteria Figure will be calculated using the following formula: Award Criteria Figure= (AF 1 x 0. 70) + (AF 2 x 0.30) The Bidder's Adjustment Factors shall include allowances for all costs associated with and incidental to either self-performed or subcontracted Work in accordance with 2-6, "WORK TO BE DONE." Exam- ples of costs included in the Bidder's Adjustment Factors as follows: 1. Overhead, profit, bond premiums, insurance, mobilization, the cost of doing business in and for the Agency Preparation of all required forms, reports, or documents. 2. Preparation of all required forms, reports, or documents. 3. Attendance at Site, Contract, or Project meetings for all staff whether Contractor, Sub- contractor, Supplier, or truckers. 4. Compliance with laws. 5. Costs to prepare estimates, proposals, submittals, and Shop Drawings. 6. Purchase and review of Construction Task Catalog, CTC software, or both, code books, The GREENBOOK, and any other codes or manuals referenced in the Contract Docu- ments. 7. Labor not directly related to construction such as foreman, superintendent, office staff, safety staff, estimation staff, and project management staff. ,., •f' Job Order Contract (JOC) (Rev.Nov.2019) Page 8 of 59 Pages 8. Review Contract and Job Order Proposal documents, order materials prepare submit- tals, and prepare, negotiate, and finalize proposals. 9. Site visits to collect information, daily Site cleanup and protection. 10. Public information or public interface. 11. Other costs not directly related to installation or construction of a Job Order Proposal line item. The Agency may disqualify a contractor or subcontractor from participating in bidding when a con- tractor or subcontractor has been debarred by the Agency or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Agency. 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 Agency to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the Agency 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 re- tentions under this section in an amount not less than $100,000 per contract. BID DOCUMENTS The documents which comprise the Bidder's proposal and that must be completed and properly exe- cuted including notarization where indicated are: 1. Contractor's Proposal (Notarization Required) 7. Certificate of Insurance. The riders covering the 2. Bidder's Bond (Notarization Required) Agency, its officials, employees and volunteers 3. Designation of Subcontractors may be omitted at the time of bid submittal but and Amount of Subcontractor Bid (Due with shall be provided by the Bidder prior to award each Job Order Proposal) of this contract. 4. Bidder's Statement of Financial Responsibility 8. Bidder's Statement Re Debarment 5. Bidder's Statement of Technical Ability and Ex-9. Bidder's Disclosure of Discipline Record perience 10.Noncollusion Declaration 6. Acknowledgement of Addendum(a) 11.Escrow Agreement for Security Deposits -(op- OBTAINING CONTRACT DOCUMENTS tional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) Contract Documents may be obtained from the Agency's website http://www.carlsbadca.gov/ser- vices/depts/finance/contracting/bids.asp. Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS ,, •+;' Job Order Contract (JOC) (Rev.Nov.2019) Page 9 of 59 Pages Any prospective bidder who is in doubt as to the intended meaning of any part of the Contract Docu- ments or finds discrepancies or omissions may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the Contract Documents. 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 Agency except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the Agency except as hereinbefore specified. PREQUALIFICATION Contractors submitting a Bid must be pre-qualified with a Maximum Bidding Capacity of at least half of the Maximum Contract Amount prior to the Bid submittal date. Bids from Contractors who have not been pre-qualified as applicable may be deemed non-responsive and ineligible for award. The completed application must be submitted to Eleida Felix Yackel, Senior Contract Administrator via e-mail at eleida.felixyackel@carlsbadca.gov no later than 2 weeks prior to the Bid Opening. Complete prequalification application will become available no later than by November 8, 2019 via PlanetBids at the following link: https://www.planetbids.com/portal/portal.cfm?Company1D=27970. Due to the Agency's responsibility to protect the confidentiality of the Contractors' information, Agency staff will not be able to provide information regarding Contractors' prequalification status over the telephone. Contractors may request information about their prequalification status via email at eleida.felixyackel@carlsbadca.gov. 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. 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 Maximum Contract Value. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the Maximum Contract Value. These bonds shall be kept in full force and effect during the course of this contract, and shall extend in full force and effect and be retained by the Agency 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 busi- ness 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 Agency 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 {'\ •fi Job Order Contract (JOC) (Rev.Nov.2019) Page 10 of 59 Pages 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 meet- ing the above standards with the exception that the Best's rating condition is waived. The Agency 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 Agency Council/ Board of Directors is contingent upon the Contrac- tor 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 Agency may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be for- feited. 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. Date ,, .., Job Order Contract (JOC) (Rev.Nov.2019) Page 11 of 59 Pages ., f.+r Job Order Contract (JOC) (Rev.Nov.2019) ATTACHMENTS Page 12 of 59 Pages ., f.+; Job Order Contract (JOC) (Rev.Nov.2019) ATTACHMENT A SCOPE OF WORK Page 13 of 59 Pages SCOPE OF WORK 1. SCOPE OF WORK: a. Contract No. JOC20-933CA -Mechanical/ HVAC: Work may include a variety of de- tailed repair, replacement, installation services and related tasks. b. Contract No. JOC20-934CA -Sewer Pipeline Rehab & Replacement and Access Hole Replacement: The Work may involve the repair, alteration, modernization, rehabilita- tion, reconstruction, or minor construction of Agency streets, utilities and other Right of Way Pipeline included in a JOC -Job Order Request for Proposal. c. Contract No. JOC20-935CA -Water Pipeline Repair & Replacement & Valve Replace- ment: The Work may involve the repair, alteration, modernization, rehabilitation, reconstruction, or minor construction of Agency streets, utilities and other Right of Way Pipeline included in a JOC -Job Order Request for Proposal. 1.1 The Contractor shall furnish all management, documentation, design, and incidental drawings (as required), labor, materials, and equipment needed to perform the Work. 1.2 The Work shall be performed in accordance with the JOC -Job Order Request for Pro- posal Scope of Work and other requirements. 2. LOCATION OF WORK: The location of the Work is as follows: All Work pursuant to this Contract will be performed for the City of Carlsbad and/or Carlsbad Municipal Water District. Refer to the Job Order Proposal Documents. 3. CONTRACT TERM: The Base Term of a Contract is three (3) years with two (2) additional one (1) year option terms to extend. Under no circumstance shall the contract exceed the Maxi- mum Contract Value. All work pursuant to any Job Order issued shall be completed within the time frame specified on the Job Order Notice to Proceed. The total time for the issuance of Job Order Request for Proposal and completion of the associated Work shall not exceed five (5) years. ,, •ff Job Order Contract (JOC) (Rev.Nov.2019) Page 14 of 59 Pages ATTACHMENT B SUPPLEMENTARY SPECIAL PROVISIONS ATTACHED AS A SEPARATE DOCUMENT IN PLANETBIDS ,, •f" Job Order Contract (JOC) (Rev.Nov.2019) Page 15 of 59 Pages GENERAL PROVISIONS FOR JOB ORDER CONTRACT CONTRACT NO. JOC20-935CA CARLSBAD MUNICIPAL WATER DISTRICT 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 The following clarifications and modifications apply to the Carlsbad Municipal Water District Provisions, and the Standard Specifications for Public Works Construction: Whenever the term "Contract Time" is used to describe the duration associated with an individual project, the term "Contract Time" shall be replaced with "Job Order Completion Time". Whenever the term "Contract Sum or Price" is used to describe the value associated with an individual project, the term "Contract Sum or Price" shall be replaced with "Job Order Price" The Job Order Price shall set forth the fixed price, lump sum amount for which the Contractor is paid to complete the Detailed Scope of Work. Unless specifically stated in a Job Order, the measuring of materials as related to payment shall not apply, estimated quantities, lists of materials and bid prices shall not apply, the descriptions as related to costs and payment shall not apply, and the payment sections within the individual sections shall not apply. All references to "change order work", "extra work", "force account work", and any other descriptions to changes to the Detailed Scope of Work shall be intrepreted to mean work described in a Detailed Scope of Work of a Supplemental Job Order. Wherever 'Total Bid" is used to refer to a sum related to performance of a project, the term "Total Bid" shall be replaced with "Job Order Price". The Construction Task Catalog® shall govern the work included in the Unit Price of a Pre-Priced Task. 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. ,., •+; Revised 6/15/17 Page 1 of 170 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. l'\ •+' Revised 6/15/17 Page 2 of 170 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 Carlsbad Municipal Water District. 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 Adjustment Factors 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, the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. Cash Contract - A Contract financed by means other than special assessments. Change Order -Changes to the Contract may be accomplished after execution of the Contract and without invalidating the Contract, by Change Order. 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. ,, •fi' Revised 6/15/17 Page 3 of 170 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 Job Order Special Provisions, the General Provisions, permits from other agencies, the Construction Task Catalog®, 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. 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. Modification -Includes Change Orders, Supplemental Agreements and Supplemental Job Orders. A Modification may only be used after the effective date of the Contract. 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. l'\ •+' Revised 6/15/17 Page 4 of 170 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. 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. l'\ .,,. Revised 6/15/17 Page 5 of 170 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. l'\ •+;' Revised 6/15/17 Page 6 of 170 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. 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 COMM ...................................................... Commercial ABAND ...................................................... Abandoned CONC ............................................................ Concrete ABS ........................ Acrylonitrile -butadiene -styrene CONN ........................................................ Connection AC ..................................................... Asphalt Concrete CONST ................................... Construct, Construction ACP .......................................... Asbestos cement pipe COORD ...................................................... Coordinate ACWS ..................... Asphalt concrete wearing surface CSP ........................................... Corrugated steel pipe ALT ................................................................ Alternate CSD ............................... Carlsbad Standard Drawings APTS ................................ Apartment and Apartments CTB ............................................. Cement treated base AMER STD ................................... American Standard CV ............................................................. Check valve AWG ............... American Wire Gage (nonferrous wire) CY ............................................................... Cubic yard BC .................................................. Beginning of curve D .............................................................. Load of pipe BCR ....................................... Beginning of curb return dB .................................................................. Decibels BORY ............................................................ Boundary DBL ................................................................... Double BF ..................................................... Bottom of footing OF ............................................................... Douglas fir BLDG ........................................ Building and Buildings DIA ................................................................. Diameter BM ............................................................ Bench mark DIP ..................................................... Ductile iron pipe BVC ................................... Beginning of vertical curve DL ................................................................ Dead load BNV ........................................................... Back of wall DR. ..................................................... Dimension Ratio CIC ..................................................... Center to center DT ................................................................. D~nTI~ CAB ...................................... Crushed aggregate base DWG ............................................................... Drawing CAUOSHA ............ California Occupational Safety and DWY ............................................................. Driveway Health Administration DWY APPR ................................... Driveway approach CalTrans ....... California Department of Transportation E ...................................................................... Electric CAP ................................... Corrugated aluminum pipe EA ........................................................................ Each CB ............................................................. Catch Basin EC ............................................................ End of curve Cb ........................................................................ Curb ECR ................................................ End of curb return CBP ............................... Catch Basin Connection Pipe EF ................................................................ Each face CBR ....................................... California Bearing Ratio EG .......................................................... Edge of gutter CCR ............................. California Code of Regulations EGL. ................................................. Energy grade line CCTV ............................................... Closed Circuit TV El .................................................................. Elevation CES ......................... Carlsbad Engineering Standards ELC ..................................... Electrolier lighting conduit CF ................................................................. Curb face EL T ........................................................ Extra long ton CF ................................................................ Cubic foot ENGR ....................................... Engineer, Engineering C&G .................................................... Curb and gutter EP ................................................... Edge of pavement CFR ................................ Code of Federal Regulations ESMT ........................................................... Easement CFS .......................................... Cubic Feet per Second ETB .......................................... Emulsion-treated base CIP ......................................................... Cast iron pipe EVC .............................................. End of vertical curb CIPP ............................................... Cast-in place pipe EWA ............................... Encina Wastewater Authority CL ............................................. Clearance, center line EXC ............................................................ Excavation CLF ..................................................... Chain link fence EXP JT ................................................. Expansion joint CMB ............................... Crushed miscellaneous base EXST ............................................................... Existing CMC ......................................... Cement mortar-coated F .................................................................. Fahrenheit CML ............................................ Cement mortar-lined F&C ................................................... Frame and cover CMWD .................... Carlsbad Municipal Water District F&I .................................................. Furnish and install CO ................................................... Cleanout (Sewer) FAB ............................................................... Fabricate COL ................................................................. Column FAS ............................................... Flashing arrow sign ., \ii;, Revised 6/15/17 Page 7 of 170 FD ............................................................... Floor drain MH ................................... Manhole, maintenance hole FON ................... , ....................................... Foundation MIL SPEC .................................... Military specification 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 G ........................................................................... GM GA ..................................................................... Gauge GAL. ............................................... Gallon and Gallons 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 .............................. Non reinforced concrete pipe OBS ............................................................... Obsolete OC ............................................................... On center GAL V ......................................................... Galvanized OD .................................................... Outside diameter GAR ........................................... Garage and Garages OE .............................................................. Outer edge GIP .............................................. Galvanized iron pipe OHE ................................................. Overhead Electric GL ......................................... Ground line or grade line OMWD .................. Olivenhain Municipal Water District GM .............................................................. Gas meter OPP ............................................................... Opposite GNV ............................................... Ground Not Visible ORIG ................................................................ Original GP .................................................................. Guy pole GPM ................................................ gallons per minute GR ..................................................................... Grade PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point GRTG .............................................................. Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib HC ................................................... House connection HOWL ........................................................... Headwall HGL ............................................. Hydraulic grade line HORIZ .......................................................... Horizontal HP ............................................................. Horsepower of compound curvature PCVC ....................... Point of compound vertical curve PE ............................................................ Polyethylene Pl .................................................. Point of intersection PL ............................................................ Property line PMB ............................ Processed miscellaneous base POC ....................................................... Pointon curve POT ................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve HPG ................................................ High pressure gas PRVC ............................ Point of reverse vertical curve HPS ............................... High pressure sodium (Light) HYDR ............................................................ Hydraulic PSI ......................................... Pounds per square inch PT .................................................... Point of tangency IE ........................................................ Invert Elevation PVC ................................................. Polyvinyl chloride ID ......................................................... Inside diameter PVMT ........................................................... Pavement INCL. ....... , ...................................................... Including PVT R/W ....................................... Private right-of-way INSP ............................................................ Inspection Q ........................ Rate of flow in cubic feet per second INV ...................................................................... Invert QUAD ....................................... Quadrangle, Quadrant IP ................................................................... Iron pipe R ....................................................................... Radius JC .................................................... Junction chamber R&O ......................................................... Rock and oil JCT ................................................................. Junction R/W .......................................................... Right-of-way JS ..................................................... Junction structure RA ....................................................... Recycling agent JT .......................................................................... Joint RAC ................................... Recycled asphalt concrete L ........................................................................ Length RAP ............................... Reclaimed asphalt pavement LAB ............................................................. Laboratory RBAC .............................. Rubberized asphalt concrete LAT ................................................................... Lateral RC ................................................ Reinforced concrete LB ...................................................................... Pound RCB ...................................... Reinforced concrete box LD ..................................................... Local depression RCE ...................................... Registered civil engineer LF ................................................................ Linear foot RCP ..................................... Reinforced concrete pipe LH ............................................................... Lamp hole RCV ........................................... Remote control valve LL ................................................................... Live load REF .............................................................. Reference LOL ............................................................. Layout line REINF .............................. Reinforced or reinforcement LONG ........................................................ Longitudinal RES .............................................................. Reservoir LP ............................................................... Lamp post RGE ........................ Registered geotechnical engineer LPS ................................. Low pressure sodium (Light) ROW ....................................................... Right-of-Way ~ ............................................................... ~mp~m RR ................................................................... Railroad L TS .................................................... Lime treated soil RSE ............................. Registered structural engineer LWD ............................... Leucadia Wastewater District RTE .................................... Registered traffic engineer MAI NT ...................................................... Maintenance S ................................... Sewer or Slope, as applicable MAX .............................................................. Maximum SCCP ............................... Steel cylinder concrete pipe MCR ............................................ Middle of curb return SD .............................................................. Storm drain MEAS ............................................................. Measure SDNR .............................. San Diego Northern Railway l'\ •,;' Revised 6/15/17 Page 8 of 170 SOR ....... Standard thermoplastic pipe dimension ratio TT .......................................................... Top~fo~~ (ratio of pipe 0.0. to minimum wall thickness) TOPO ........................................................ Topography SDRSD ......... San Diego Regional Standard Drawings TR ........................................................................ Tract SE ...................................................... Sand Equivalent TRANS ......................................................... Transition SEC ................................................................. Section TS ......................... Traffic signal or transition structure SF .............................................................. Square foot TSC ............................................. Traffic signal conduit SFM ................................................ Sewer Force Main TSS ........................................... Traffic signal standard SI ...................... International System of Units (Metric) TW .............................................................. Top of wall SPEC ..................................................... Specifications TYP ................................................................... Typical SPPWC .......................................... Standard Plans for UE .............................................. Underground Electric Public Works Construction USA ................................... Underground Service Alert SSPWC ............................. Standard Specifications for VAR .................................................... Varies, Variable Public Works Construction VB ................................................................ Valve box ST HWY ................................................. State highway VC .......................................................... Vertical curve ST A ................................................................... Station VCP .................................................. Vitrified clay pipe STD ................................................................ Standard VERT ............................................................... Vertical STR .................................................................. Straight VOL. ................................................................. Volume STR GR ................................................. Straight grade VWD ...................................... Vallecitos Water District STRUC ......................................... Structural/Structure W ....................... Water, Wider or Width, as applicable SW ................................................................. Sidewalk WATCH .............. Work Area Traffic Control Handbook SWD ..................................................... Sidewalk drain WI ............................................................ Wrought iron SY ............................................................. Square yard WM .......................................................... Water meter T .................................................................. Telephone WPJ ........................................... Weakened plane joint TAN ................................................................. Tangent XCONN ............................................ Cross connection TC .............................................................. Top of curb XSEC ..................................................... Cross section TEL ............................................................. Telephone 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 ,, • ., Revised 6/15/17 Page 9 of 170 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. 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 (µm) 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 (Im) 1 second (s) ,, •+' Revised 6/15/17 Page 10 of 170 Common Metric Prefixes ~~/\~L • •••• • •••• • ••• • •••• • •••• •••• •••• ••• •••• • •••• • ••• • ••• ••• • • ••• • •••• ••• • •••• •••• ••••• • ••• • ••• • ••• • l 8~~ [{~~ ~~~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ g:~ 2 1-5 SYMBOLS ~ L % ' I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line l'\ • ., Revised 6/15/17 Page 11 of 170 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 each Job Order Proposal, 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." "(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 Job Order Price), 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 Job Order Proposal is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Job Order Proposal, 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. ,., •,;' Revised 6/15/17 Page 12 of 170 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 Job Order 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 Job Order 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 Board 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 Job Order 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 Job Order 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 Job Order. Where an entire item is subcontracted, the value of work subcontracted will be based on the Job Order Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Job Order 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 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 Maximum Contract Value 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 Maximum Contract Value of this contract. l'\ •;; Revised 6/15/17 Page 13 of 170 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. l'\ •+' Revised 6/15/17 Page 14 of 170 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Job Order Detailed Scope of Work including any Plans and Specifications, to which the Engineer shall have access at all times. The Job Order for the work includes the Detailed Scope of Work, the General Provisions, project technical specifications, 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, as issued by the San Diego County Department of Public Works, hereinafter designated SDRSD, 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. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. 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 Job Order Proposal. l'\ •,; Revised 6/15/17 Page 15 of 170 Existing improvements visible at the Work site, for which no specific disposition is made in the Detailed Scope of Work, 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 Detailed Scope of Work , 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) Job Orders (including Detailed Scopes of Work and Requests for Proposals) 6) Notice Inviting Bids 7) Construction Task Catalog® 8) Technical Specifications 9) Carlsbad General Provisions, and Supplemental Provisions. 10) Plans. 11) Standards plans. a) City of Carlsbad Standard Drawings. 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). 12) Standard Specifications for Public Works Construction, as amended. 13) Reference Specifications. 14) Manufacturer.'s Installation Recommendations l'\ •+' Revised 6/15/17 Page 16 of 170 Detail drawings shall take precedence over general drawings. 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 Job Order 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 Job Order. 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. {'\ •;;' Revised 6/15/17 Page 17 of 170 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: "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 Title Subject Number 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 Polyethylene Liner Installation Facilities 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wirinq Diaqrams 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. ,., • ., Revised 6/15/17 Page 18 of 170 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 Job Order and Special Provisions. ,, • ., Revised 6/15/17 Page 19 of 170 2-5.3.4 Supporting Information. Supporting information is information required by the Job Order for the purposes of administration of the Contract, analysis for verification of 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 Job Order or 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 Job Order or 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 Job Order Price 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 Job Order 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 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. ,, •ff Revised 6/15/17 Page 20 of 170 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. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8½" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CAL TRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 -8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-1 0 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. l'\ • ., Revised 6/15/17 Page 21 of 170 Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. l'\ • ., Revised 6/15/17 Page 22 of 170 TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake Centerline or Parallel to Centerline Lateral Setting Tolerance Description Spacing©,@ Spacing®,@ (Within) a) Street Centerline SDRS M-10 :<,1000', Street Intersections, Begin and end of on street 0.02' Monument curves, only when shown on the plans centerline Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, lath -lntervisible, :<, 50' on tangents at clearing line 1' Horizontal painted line & :<, 25' on curves, Painted line -continuous on PCC &AC surfaces Slope RP+ Marker lntervisible and :<, 50' Grade Breaks 0.1' Vertical & Stake &:<,25' Horizontal Fence RP+ Marker :<, 200' on tangents, :<, 50' on curves when N/A 0.1' Horizontal Stake R2'. 1000' & 25' on curves when R:<, 1000' ( constant offset) Rough Grade Cuts RP+ Marker :', 50' N/A 0.1' Vertical & or Fills 2'.10 m Stake Horizontal (33') Final Grade RP+ Marker ~ 50' on tangents & curves when R2'. 1000' & ~ 22' 3/a" Horizontal & ¼" (includes top of: Stake, Blue-:<, 25' on curves when R :<, 1000' Vertical Basement soil, top in grading subbase and area base) Asphalt Pavement RP, paint on :<, 25' or as per the intersection grid points edge of 3/a" Horizontal & ¼" Finish Course previous shown on the plan whichever provides the pavement, Vertical course denser information paving pass width, crown line & grade breaks Drainage RP+ Marker intervisible & :<, 25', beginning and end, BC & as appropriate 3/a" Horizontal & ¼" Structures, Pipes Stake EC of facilities, Grade breaks, Alignment Vertical & similar breaks, Junctions, Inlets & similar facilities, FacilitiesCD, 0 Risers & similar facilities (except plumbing), Skewed cut-off lines Curb RP+ Marker :<, 25', BC & EC, at¼~.½~ & ¾~ on curb ( constant 3/a" Horizontal & ¼" Stake returns & at beoinnino & end offset) Vertical Traffic Signal CD Vertical locations shall be based on the ultimate elevation of curb and sidewalk Signal Poles & RP+ Marker at each pole & controller location as appropriate 3/a" Horizontal & ¼" Controller CD Stake Vertical Junction Box CD RP+ Marker at each junction box location as appropriate 3/a" Horizontal & ¼" Stake Vertical Conduit CD RP+ Marker ~ 50' on tangents & curves when R2'. 1000' & as appropriate 3/a" Horizontal & when Stake ~ 25' on curves when R ~ 1000' or where depth cannot be grade :', 0.30% measured from existing pavement ¼" Vertical Minor Structure CD RP+ Marker for catch basins: at centerline of box, ends of as appropriate 3/a" Horizontal & ¼" Stake+ Line box & wings & at each end of the local Vertical (when vertical Stake depression ® data needed) Abutment Fill RP+ Marker :<, 50' & along end slopes & conic transitions as appropriate 0.1' Vertical & Stake+ Line Horizontal Stake ,, •+;' Revised 6/15/17 Page 23 of 170 Feature Staked Stake Centerline or Parallel to Centerline Lateral Setting Tolerance Description Spacing©,@ Spacing®,@ (Within) Q) Wall CD RP+ Marker s 50' and at beginning & end of: each wall, BC as appropriate ¼" Horizontal & ¼" Stake+ Line & EC, layout line angle points, changes in Vertical Point +Guard footing dimensions &/or elevation & wall Stake heiaht Major Structure ~ Footings, Bents, RP+ Marker 1 O' to 33' as required by the Engineer, BC & as appropriate 3/s" Horizontal & ¼" Abutments & Stake+ Line EC, transition points & at beginning & end. Vertical Wingwalls Point +Guard Elevation points on footings at bottom of Stake columns Superstructures RP 1 O' to 33' sufficient to use string lines, BC & as appropriate 3/s" Horizontal & ¼" EC, transition points & at beginning & end. Vertical Elevation points on footings at bottom of columns Miscellaneous ~ Contour Grading RP+ Marker s 50' along contour 0.1' Vertical & CD Stake line Horizontal Utilities CD, 0 RP+ Marker s 50' on tangents & curves when R~ 1000' & as appropriate 3/s" Horizontal & ¼" Stake s 25' on curves when R s 1000' or where Vertical arade s 0.30% Channels, Dikes RP+ Marker intervisible & s 100', BC & EC of facilities, as appropriate 0.1' Horizontal & ¼" & Ditches CD Stake Grade breaks, Alignment breaks, Junctions, Vertical Inlets & similar facilities Signs CD RP+ Marker At sign location Line point 0.1' Vertical & Stake+ Line Horizontal Point +Guard Stake Subsurface RP+ Marker intervisible & s 50', BC & EC of facilities, as appropriate 0.1' Horizontal & ¼" Drains CD Stake Grade breaks, Alignment breaks, Junctions, Vertical Inlets & similar facilities, Risers & similar facilities Overside Drains RP+ Marker longitudinal location At beginning & 0.1' Horizontal & ¼" CD Stake end Vertical Markers CD RP+ Marker for asphalt street surfacing s 50' on tangents At marker ¼" Horizontal Stake & curves when R~ 1000' & s 25' on curves location(s) when Rs 1000'. Railings & RP+ Marker At beginning & end and s 50' on tangents & at railing & 3/s" Horizontal & Barriers CD Stake curves when R ~ 1000' & s 25' on curves barrier Vertical when R s 1000' location(s) AC Dikes CD RP+ Marker At beginning & end as appropriate 0.1' Horizontal & Stake Vertical Box Culverts 1 O' to 33' as required by the Engineer, BC & as appropriate 3/a" Horizontal & 1/4" EC, transition points & at beginning & end. Vertical Elevation ooints on footinas & at invert Pavement RP 200' on tangents, 50' on curves when at pavement ¼" Horizontal MarkersCD R ~ 1000' & 25' on curves when R s 1000'. marker For PCC surfaced streets lane cold joints will location(s) suffice CD Staking for feature may be omitted when adJacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature @ Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table ® Perpendicular to centerline. © Some features are not necessarily parallel to centerline but are referenced thereto ~ Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature @ ~ means greater than, or equal to, the number following the symbol. s means less than, or equal to, the number following the symbol. 0 The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(8) {'\ •+;' Revised 6/15/17 Page 24 of 170 TABLE 2-9.2.2(8) s urvev e o or 0 e or ons ruction Stak C I C d f C t ta ma S k' Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, centerline, White/Red alignments, etc. Vertical Control Bench marks White/OranQe Clearing Limits of clearinq Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow arade, etc. Structure Bridges, sound and retaininQ walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm Blue drains, slooe orotection, curbs, cutters, etc. Right-of-Way Fences, R/ W lines, easements, orooertv monuments, etc. White/Yellow Miscellaneous Siqns, railinqs, barriers, liQhtinq, etc. Oranae * Flagging and marking cards, 1f used. 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 Job Order Price 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. 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 Job Order including any 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. ,, •+;' Revised 6/15/17 Page 25 of 170 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. ,, •ti Revised 6/15/17 Page 26 of 170 SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Detailed Scope of Work requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the 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 by Supplemental Job Order or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency, without invalidating the Job Order, may order changes in the Work by altering, adding to or deducting from the Work, by issuing a Supplemental Job Order. Credits for Pre-priced and Non Pre-priced Tasks shall be calculated at the pre-set Unit Prices and multiplied by the appropriate Adjustment Factors. The result is that a credit for Tasks that have been deleted from the Detailed Scope of Work will be given at 100% of the value at which they were included in the original Job Order Price Proposal. 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 the Job Order and a Supplemental Job Order may be issued. 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. 3-4 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: 1. Subsurface or latent physical conditions differing materially from those represented in the Job Order; 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 Job Order 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 Ill disposal site in accordance with provisions of existing law. ,, •+' Revised 6/15/17 Page 27 of 170 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 Supplemental Job 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 District 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 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. ,., •ti' Revised 6/15/17 Page 28 of 170 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. General Manager {'\ •ti' Revised 6/15/17 Page 29 of 170 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 District 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 District 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 General 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 General Manager. Actual approval of the claim is subject to the Supplemental Job 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: 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 (8), 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. (8) "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. {'\ •tr Revised 6/15/17 Page 30 of 170 (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. (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 ,, •f' Revised 6/15/17 Page 31 of 170 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 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 ,., •tr Revised 6/15/17 Page 32 of 170 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. (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. (d) 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. l'\ • ., Revised 6/15/17 Page 33 of 170 (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. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period 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. (f) 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: (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. ,, •+; Revised 6/15/17 Page 34 of 170 (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 nova 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 nova. (c) 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. {'\ •ff Revised 6/15/17 Page 35 of 170 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 Job Order. 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 Job Order. 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 the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, l'. •ti Revised 6/15/17 Page 36 of 170 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 Job Order. 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 the Job Order or 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 improper storage, handling or for any other reason it shall be rejected, not incorporated into the l'\ • ., Revised 6/15/17 Page 37 of 170 work and shall be removed from the project site all at the Contractor's expense. Compaction 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. 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 Job Order 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. 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. {'\ •;; Revised 6/15/17 Page 38 of 170 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 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, ., \i+; Revised 6/15/17 Page 39 of 170 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. 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. SECTION 5 -UTILITIES l'\ •+; Revised 6/15/17 Page 40 of 170 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. Full compensation for such work shall be considered as included in the Job Order Price. 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. 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 ,, • ., Revised 6/15/17 Page 41 of 170 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 Job Order Price. 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 Detailed Scope of Work including any 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, 2006 Edition, and any additional 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 Job Order Price. After award of the Job Order, 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 Detailed Scope of Work including any Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Job Order Price. 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. 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 ,., • ., Revised 6/15/17 Page 42 of 170 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 . . , \.ti Revised 6/15/17 · Page 43 of 170 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 the specified calendar days of the Job Order after receipt of the "Notice to Proceed" or as agreed to in writing. 6-1.1 Pre-Construction Meeting. After, or upon, notification of Job Order 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 Job Order 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. {'\ •;;' Revised 6/15/17 Page 44 of 170 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on- site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 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 Job Order duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. l'\ • .,-Revised 6/15/17 Page 45 of 170 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 Job Order 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 Supplemental Job 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. 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. ,, •+' Revised 6/15/17 Page 46 of 170 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 Supplemental Job Orders. Each monthly update will include the addition of the network revisions reflecting the Supplemental Job Orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Supplemental Job 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 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 . . , ~., Revised 6/15/17 Page 47 of 170 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. 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 Job Order Price. 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. ,, •ff Revised 6/15/17 Page 48 of 170 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 Detailed Scope of Work or each Job Order as specified in the Contract Documents. 6-2.3 Project Meetings. The Engineer will establish the time and location of Project Meetings. 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. ,, • ., Revised 6/15/17 Page 49 of 170 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 the Job Order Price 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 a Job Order or 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 Job Order or Contract by act of God, by law, or by official action of a public authority. l'\ • ., Revised 6/15/17 Page 50 of 170 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, 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. l'\ •+f Revised 6/15/17 Page 51 of 170 6-7 TIME OF COMPLETION. 6-7 .1 General. The Contractor shall complete the Work within the time set forth in the Job Order. The Contractor shall complete each portion of the Work within such time as set forth in the Job Order for such portion. The time of completion of each Job Order shall be indicated in the Notice to Proceed for each Job Order. l'\ •+' Revised 6/15/17 Page 52 of 170 6-7.2 Working Day. A working day is any day within the period between the start of the Job Order 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 Job Order, whichever occurs first, other than: 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 . Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours 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. If specific areas of work are prohibited during specific dates and/or times of day it will be indicated in the Job Order. The Contractor shall incorporate the dates, areas and types of work prohibited in the Construction Schedule required by Section 6.1. No additional payment will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in the Job Order. ,, •+;' Revised 6/15/17 Page 53 of 170 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Job Order Completion Time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Job Order Completion 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 Job Order Completion 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 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. {'\ •+;' Revised 6/15/17 Page 54 of 170 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, in accordance with the following table: Value of Job Order Liquidated Damages $0 to $10,000 $100/Day $10,001 to $50,000 $250/Dav Over $50,000 $500/Day 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 the amounts per day listed above is the minimum value of costs and actual damages 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. 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. ,., afi' Revised 6/15/17 Page 55 of 170 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: ,., •+;' Revised 6/15/17 Page 56 of 170 "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." 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. Resource agency permits for the Work will be referenced in the Job Order are included in Appendix 'A' of these supplemental provisions. Resource agency permits pertaining to this project include: 1) California Coastal Commission permit number NNNN issued on (date)*. 2) California Department of Fish and Game permit number NNNN issued on (date)*. 3) California Water Quality Control Board permit number NNNN issued on (date)*. 4) United States Army Corps of Engineers permit number NNNN issued on (date)*. 5) United States Fish and Wildlife Service permit number NNNN issued on (date)*. * Information to be provided at Task Order time. 7-5.2 Relations with the Railroad. (Information will be provided at Task Order time.) 7-5.2.1 General. The Contractor shall cooperate with the North County Transit District (NCTD), the Burlington Northern and Santa Fe Railway (BNSF) and the National Railway Passenger Corporation (AMTRAK), herein after collectively referred to as Railroad. It is understood the l'\ •+; Revised 6/15/17 Page 57 of 170 Railroad shall have absolute authority and right to cause the Contractor's work on the Railroad Property to cease. 7-5.2.2 Right of Entry Permit. It shall be the responsibility of the Contractor to obtain a "Right. of Entry" Permit from the North County Transit District Board, (The Board), prior to the commencement of any work. A Sample Permit is included in Appendix 'X' (Provided at Job Order time), of these supplemental provisions. All fees and costs associated with obtaining and complying with the terms of this permit, including but not limited to engineering review, submittal review, railway flaggers and construction inspection, shall be the responsibility of the Contractor, and no other payment will be allowed, except as specified herein. All fees and costs associated with obtaining and complying with the terms of the Right of Entry permit shall be the responsibility of the Contractor. Contractor shall be required to make an $XX,XXX (XXXX) (Information provided at Job Order time), deposit to NCTD. The deposit to NCTD will be required prior to the issuance of the Right of Entry permit. Any portion of the deposit remaining after acceptance of the contract by the City will be returned to the Contractor. Payment to the Contractor for all costs associated with obtaining and complying with the Right of Entry permit shall be considered as included in various items of work and no additional compensation will be allowed therefore. The Contractor after receipt of the Right of Entry Permit approved by the Board shall furnish the Engineer with two copies of the executed Right of Entry permit. 7-5.2.3 Railroad Requirements The Contractor shall notify NCTD in writing at least ten (10) working days prior to commencement of work on Railroad Right of Way at: North County Transit District 810 Mission Avenue Oceanside, CA 92504 (760) 966-6504 (760) 754-9403 FAX The details of construction, including proposed method of setup to perform the work shall be submitted to the railroad for approval and shall not be undertaken without approval and shall not be undertaken until approval by the Railroad is given. All persons entering into the railroad right of way will be required to attend a preconstruction Railroad Safety Training course conducted by NCTD. No additional compensation to Contractor will be allowed for attendance at a Railroad Safety Training course. 7-5.2.4 Requirements for use of Railway Flaggers Railway Flaggers will be required on this Project (If required per the Job Order). The presence of equipment, materials, or manpower will not be allowed within 25 feet of the centerline of any track without the presence of Railway Flaggers. The Contractor shall be responsible for coordination with NCTD to schedule Railway Flaggers. Costs for Railway Flaggers shall be the responsibility of the Contractor and subtracted from the deposit made to NCTD. The current cost for Railway flaggers average $XX.XX, (Information will be provided at Job Order time if it applies), per hour. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative for this Contract who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall l'\ •ff Revised 6/15/17 Page 58 of 170 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. 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 Adjustment Factors all costs involved as a result of coordinating its work with others. Unless otherwise specified in a Job Order. 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 Job Order, 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 Adjustment Factor unless otherwise specified in a Job Order . . , \i.,, Revised 6/15/17 Page 59 of 170 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 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 unless otherwise specified in a Job Order. 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 Job Order Completion 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. {'\ •tr Revised 6/15/17 Page 60 of 170 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. To obtain coverage under general permit of Order Number 99-08-DWQ the landowner, which is typically the City, must file a NotiGe of Intent (NOi) with the SWRCB. A copy of this NOi is to be included in the Project SWPPP. If the project requires the preparation of a SWPPP the project engineer may decide to have the Contractor prepare the Project SWPPP in which case the following paragraph should be included. If required by a Job order, a model Storm Water Pollution Prevention Plan (SWPPP) will be provided to the Contractor for use in preparing the Project SWPPP for approval by the City. The Contractor shall be responsible for the preparation and implementation of the SWPPP and coordination with the City and the Regional Water Quality Control Board. All costs for preparing and implementing the Storm Water Pollution Prevention and Monitoring Plans and coordination with the City and the Regional Water Quality Control Board shall be included as part of the Job Order Price. If required by a Job Order, the Notice of Intent (NOi) shall be filed for the project. The NOi shall be filed by CMWD per requirements of the latest NPDES Construction Permit before a Notice to Proceed is issued ' 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 . . , \..,, Revised 6/15/17 Page 61 of 170 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. 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 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. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. 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 ,, •,; Revised 6/15/17 Page 62 of 170 company, Coast Waste Management at 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. 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 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". 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 Job Order Price 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. l'\ ■;; Revised 6/15/17 Page 63 of 170 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. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 602-2720 2) Carlsbad Fire Department Dispatch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 931-2197 3) Carlsbad Police Department Dispatch............................................ (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (extension 2937) ................. (760) 438-2980 5) Carlsbad Traffic Signals Operations............................................... (760) 602-2752 6) North County Transit District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 967-2828 7) Waste Management....................................................................... (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. 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 Job Order Price. Traffic controls shall be in accordance with the Job Order including any 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 {'\ •,; Revised 6/15/17 Page 64 of 170 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 not work closer than the minimum acceptable lateral safety buffer distance, eg. 1.8 m (6')), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment other than (insert minimum acceptable shy distance, eg. 0.6 m (2')) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of number of paved traffic lanes, not less than the specified width, shall be open for use by public traffic in each direction of travel as directed by the Engineer. 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 l'\ • ., Revised 6/15/17 Page 65 of 170 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 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 2003 Revision 1, as amended for use in California) published by CAL TRANS. 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 ,., •,;' Revised 6/15/17 Page 66 of 170 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 2003 Revision 1, as amended for use in California) as published by CAL TRANS. Such modification, addition, 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. As required by a Job Order, the Contractor shall provide traffic control in the Job Order Price. The Job order Price 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 Job Order Price and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Job Order Price The cost of labor and material for portable concrete barriers will be included in the Job Order Price. 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 Job Order Price. l'\ ■,; Revised 6/15/17 Page 67 of 170 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 ,, •+' Revised 6/15/17 Page 68 of 170 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. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the Job Order Price 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 Adjustment Factors 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." ., ~,;' Revised 6/15/17 Page 69 of 170 SECTION 8 -FACILITIES FOR AGENCY PERSONNEL (applicable only as identified in a Job Order) 8-1 GENERAL. All facilities provided for Agency personnel shall be at suitable locations approved by the Engineer. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. A Class "A" Field Office in accordance with Section 8-2.1 shall be provided at any offsite plant facility furnishing pipe subject to Agency inspection during manufacture. A Field Laboratory in accordance with Section 8-3.1 shall be provided at any offsite or project site plant facility furnishing Portland cement concrete or asphalt paving material. Any other facilities for Agency personnel shall be provided only when required by the Specifications. Offices and laboratories at plants may be used concurrently by inspection personnel of other agencies provided such use does not seriously conflict with Agency use. When facilities are shared in this manner, at least one locker provided with a hasp for a padlock must be available for the exclusive use of Agency inspectors. Otherwise any facilities furnished are for the exclusive use of Agency personnel. All facilities shall conform to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California, and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. The Contractor shall provide janitorial and other maintenance services in all types of facilities provided. Such services shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed from the project site. All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the Job Order Price. The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications. 8-2 FIELD OFFICE FACILITIES. 8-2.1 Class "A" Field Office. Contractor shall furnish the Engineer a "Class A" Field Office. The field office shall be for the exclusive use of the Engineer and such other individuals that the Engineer may designate. The field office shall be a separate structure from any other office facility. The Contractor shall maintain the field office throughout the entire duration of the contract unless the Engineer shall otherwise direct. This office shall have a minimum floor space of 600 ft2. All doors and windows shall be provided with screens. {'\ •+;' Revised 6/15/17 Page 70 of 170 Furniture shall be provided as follows: one plan table, one standard 5 feet long double-pedestal desk with a drawer suitable for holding files, two chairs, one drafting stool, and one plan rack. Electric power shall be provided to include a minimum of four duplex convenience outlets. The office shall be illuminated at the tables and desk. An outdoor lighting fixture with a 300-watt bulb shall be installed. Heating and air conditioning of sufficient capacity shall be provided at no expense to the Agency. The Contractor shall provide drinking water within the office and integral sanitary facilities directly adjoining. Sanitary facilities shall include a toilet and wash basin with hot and cold running water. Extended area, non-coin-operated telephone service shall be provided within the office area. The installation shall include sufficient extension cord to serve the plan table and desk. Additionally the "Class A" Field Office shall be provided with: one (1) additional standard 5' double pedestal desk with two chairs, one (1) electrostatic copier and supplies, copier shall be Xerox Model Document Centre 545, or equal, one (1) FAX machine, Canon Model Faxphone 8640 Bubble Jet Facsimile, or equal, one (1) refrigerator, one (1) microwave oven, and one (1) additional plan rack shall be provided. Water cooler to have hot and chilled water. The integral sanitary facilities may be separate enclosed toilets per Section 7-8.4. Furnishings are subject to agency approval. The field office shall be located at a site satisfactory to the Engineer and within or immediately adjacent to the limits of work. Access and three parking spaces for the exclusive use of the Engineer and his/her designees that are convenient and satisfactory to the Engineer shall be provided by the Contractor. The field office shall have a 24" by 36" sign affixed near the entry door. The sign text shall be proportioned as shown below. The Contractor shall affix a City seal to the sign in a centered location. The City seal will be supplied by the Engineer. CITY OF CARLSBAD ENGINEERING INSPECTION 8-2.2 Class "B" Field Office. This office shall be the same as class "A" except that integrated sanitary facilities and air conditioning are not required. A chemical toilet facility shall be provided adjacent to the office. 8-2.3 Class "C" Field Office. The office shall be of suitable proportions with 120 ft2 of floor area. It shall be equipped with one 3 by 5 foot table, four chairs and one plan rack. It shall be adequately heated, ventilated, and lighted and two duplex convenience outlets shall be provided. Air conditioning, telephones, and sanitary facilities are not required. 8-3 FIELD LABORATORIES. (' +' Revised 6/15/17 Page 71 of 170 8-3.1 Offsite at Manufacturing Plant. Field laboratories shall conform to the requirements for a Class "C" Field Office specified in Section 8-2.3 except for the following: 1. Telephone service per Section 8-2.1. 2. Chair. 3. Work table, 4 by 10 feet, 3 feet high. 4. Sieves per Section 203-6. 5. Scales and weights. 6. Burner plate for heating supplies. 7. Thermometer, with 90 to 260°C (200 to 400°F) degree range (Asphalt Plants only). 8. Air meter for all concrete in accordance with ASTM C 231 of the type that indicates percentage of air directly (Precast Concrete Plants only). All sampling and testing equipment shall be maintained in satisfactory operating condition by Contractor or plant owner. Laboratories shall be located immediately adjacent to and with full view of batching and loading operations. 8-3.2 At Project Site. Field laboratories shall be in accordance with Section 8-3.1, except that sieves, scales, weights, burner plates, sampling devices, pans, and thermometers will be furnished by the Agency at no expense to the Contractor. If air entraining agents are being used in the Concrete on the project, an air meter of the type described in Section 8-3.1 shall be furnished by the Contractor. 8-4 BATHHOUSE FACILITIES. When the Plans or Specifications require bathhouse facilities, the following shall be provided: 1. One lavatory with hot and cold water. 2. One toilet in a stall. 3. One 1 m (3 feet) trough-type urinal. 4. One enclosed shower at least 3 by 3 feet with hot and cold water. 5. One bench, 2 m (6 feet) long. 6. Soap dispensers. 7. Toilet paper holders. 8. Paper towel cabinet. 9. Wastepaper receptacle. These facilities shall be serviced and provided with necessary sanitary supplies. These facilities shall be for the exclusive use of Agency personnel. However, a separate building need not be provided for this purpose if such facilities are located in a separate room in a building which includes other facilities. 8-5 REMOVAL OF FACILITIES. Field offices, laboratories, and bathhouse facilities at the project site shall be removed upon completion of the Work. Buildings and equipment furnished by the Contractor at the project site under the provisions of this section are the property of the Contractor. ,, •+' Revised 6/15/17 Page 72 of 170 8-6 BASIS OF PAYMENT. All costs incurred in furnishing, maintaining, servicing, and removing field offices laboratories, or bathhouse facilities required at the project site shall be included in the Job Order Price. Such costs incurred in connection with offices and laboratories at plants shall be borne by the plant owners. Payment for field office will be made monthly and will include full compensation for installing and removing the field office, relocating it as may be necessary to facilitate the project, obtaining all permits, property rental, providing utilities including, but not limited to, high speed internet service, electrical, telephone, potable water and sanitary facilities, and maintenance. The monthly rate will be paid for each full calendar month throughout the duration of the contract that the field office, complete with all facilities and utilities, is available to the Engineer and on the project excepting when the Engineer has ordered that the field office be removed from the project. ,, • ., Revised 6/15/17 Page 73 of 170 SECTION 9 -MEASUREMENT AND PAYMENT (applicable only as specified in a Job Order) 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 Job Order Price Proposal. 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 Detailed Scope of Work 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 quantities show either an increase or decrease from the quantities given in the Detailed Scope of Work, a Supplemental Job Order will be issued. The 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 ,, •+' Revised 6/15/17 Page 74 of 170 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 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 Supplemental Job 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 (' ., Revised 6/15/17 Page 75 of 170 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, 1 O 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 10 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 Job Order Price Proposal item and Supplemental Job 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 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 ,., •ff Revised 6/15/17 Page 76 of 170 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 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefore in the bid schedule OR The Contract lump- sum price paid for mobilization shall not exceed XXXXXXXX dollars ($NN00.00)(lnformation shall be provided at Job Order time), 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 operations which must be performed or costs l'\ • .., Revised 6/15/17 Page 77 of 170 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. l'\ •+;' Revised 6/15/17 Page 78 of 170 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 -ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200- 1.2.2(8). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(8). Sieve Sizes 50-mm (2") 37.5-mm (1 ½") 19-mm (¾") 12.5-mm (½") 9.5-mm {3/a") 4.75-mm (No. 4) 2.36-mm (No. 8) 75-um (no. 200) Sieve Sizes 25-mm (1") 19-mm (¾") 9.5-mm {3/a") 4.75-mm (No. 4) 2.36-mm (No. 8) 600-um (No. 30) 300-um (No. 50) 75-um (no. 200) {'. •;;' Revised 6/15/17 TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Percentage Passing Type A --- --- 100 95-100 70-100 0-55 0-10 0-3 TABLE 200-1.2.2(8) CLASS 2 PERMEABLE MATERIAL Type 8 100 95-100 50-100 --- 15-55 0-25 0-5 0-3 PercentaQe Passing 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 Page 79 of 170 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2. 7 Class 2 Aggregate Base. Aggregate for Class 2 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. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11 /2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. Sieve Sizes 2" ···················· 11/2" ................ . 1'' ...................... . 3/4" ······················ No. 4 ......... . No. 30 .............. . No. 200 ............... . AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum Operating Range Operating Range 100 90-100 50-85 25-45 10-25 2-9 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Tests Resistance (R-value) Sand Equivalent Durability Index Operating Range 78 Min. 25 Min. 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. ,., •ff Revised 6/15/17 Page 80 of 170 SECTION 201 -CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) (3l PORTLAND CEMENT CONCRETE Type of Construction Concrete Class All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250} (1l Trench Backfill Slurry 115-E-3 (190-E-400} Street Light Foundations and Survey Monuments 330-C-23 (560-C-3250} Traffic Signal Foundations 350-C-27 (590-C-3750} Concreted-Rock Erosion Protection 31 0-C-17 (520-C-2500P) Maximum Slump mm (Inches} (2) 200 (8") 100 (4") 100 (4") per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2 Materials. 201-1.2.4(a) Integral Colored Concrete. Add the following: Integral color shall consist of colored admixtures developed for use in ready mixed concrete. The product shall be made of the highest quality pigments, as well as other ingredients designed to enhance the color and improve the pigment dispersion, workability and finishing performance of the concrete. Integral color pigments shall meet or exceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of architectural concrete. Pigment shall be a permanent coloration, uniform throughout the concrete surface and interior, and shall be highly UV and fade resistant. Integral colored concrete shall be cured with QC Color Cure color matched to the concrete (see product information bulletin). Provide sample panel submittals of all colors to be used in the installation on identical surfaces for approval by Resident Engineer. Contractor shall provide a maintenance schedule for integral colored concrete. Admixture for all integral colored concrete paving in medians and other integral colored concrete shall be the following: l'\ • ., Revised 6/15/17 Page 81 of 170 Color: Curing: Porcelain Gray (match existing paving) Scofield Colorcure Concrete Sealer ( or approved equal). See Section 201 of these Supplemental Provisions for Concrete Curing Materials. Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 Admixture products and procedures for installation shall be in strict accordance with the manufacturer's specifications and recommendations, and those published by the American Concrete Institute (ACI) and the Portland Cement Association (PCA). 201-1.2.4 Chemical Admixtures. (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. Add the following: 201-1.6 Finish: Add the following: 201-1. 7 Miscellaneous Concrete Finishing Products. 201-1. 7.1 Water Base Penetrating Sealer for Integral Colored Concrete. (Scofield Colorcure Concrete Sealer or approved equal) Water base penetrating sealer shall be a sealer designed for the protection of imprinted and natural concrete. Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the masonry without darkening or adding gloss to the surface. It shall preserve the natural slip resistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance. Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install per manufacturer's directions. Seal shall be compatible with the surfaces and materials which it is applied. Concrete sealer shall conform to the following specifications: Color: Clear, non-yellowing Odor: Mild Flash Point: None (C.O.C. method) Specific Grav.: 1.03 Density: 8.6 pounds per gallon Drying Time: 30 minutes to 60 minutes Cure Time: 24 to 48 hours voe Content: None (0 g/I) excluding water Polymer Type: Proprietary Reactive Resin System Coverages (approximate): Smooth Concrete: 300 to 400 square feet per gallon Rough Concrete: 200 to 300 square feet per gallon ,, •f' Revised 6/15/17 Page 82 of 170 Note: Method of: Application Coverages vary depending on porosity and condition of surface and method of application. Airless sprayer. Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 All materials shall be furnished, prepared, applied, cured, and stored according to the product manufacturer's direction. 201-1.2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1 /2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT,SEALANTS 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a ½" continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. l'\ •,;' Revised 6/15/17 Page 83 of 170 Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: "Sonneborn NPII"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. 201-3.7 Type "D" Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot- melt rubberized asphalt shall be as per Table 201-3.7(A). TABLE 201-3. 7(A) CURED HOT-MELT RUBBERIZED ASPHALT Property Measuring Standard (ASTM Results Desianation) Cone Penetration ASTM D 3407, Sec. 5 3.5 mm, max. Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max. Resilience ,ASTM D 3407, Sec. 8 25%, min. Softeninq Point, ASTM D 36 82 °C, min. Ductility, ASTM D 113 300 mm, min. Flash Point, COC, °C ASTM D 92 288 °C, min. Viscosity, Brookfield ASTM D 4402 2.5-3.5 Pa·s Thermosel, SECTION 203 -BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. ADD the following: Conditions 25°C, 150 Q, 5 s 25°C 25°C, 50 mm/min No. 27 Spindle, rom, 190°C, 203-6.2.1 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the Asphalt Binder content is within +/-0.5% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.3 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.4.3 (A) Plant inspected asphalt concrete will be considered in conformance with the mix design when l'\ • ., Revised 6/15/17 Page 84 of 170 20 visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.4.3 (A). 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10-RAP for surface course, and B-PG64-10-RAP for base course. Asphalt concrete shall be class D2-PG?0-10 for dikes and class E-PG?0-10 ditches. 203-6.4.3 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (\Net Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix 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: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values or b. Marshall Stability1 in accordance with the Asphalt lnstitute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. 1Only use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +/-5. When using core sample analysis, 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. 203-6.8 Asphalt Concrete Storage. add the following: Open graded or Gap graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 10 hours, shall not be used in the work. 203-11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS 203-11.3 Composition and Grading. Add the following: Asphalt Rubber Hot Mix shall be Gap Graded class ARHM-GG-C. SECTION 204 -LUMBER AND TREATMENT WITH PRESERVATIVES 204-1 LUMBER AND PLYWOOD TABLE 204-1.2(A) add the following: TABLE 204-1.2(A) {'\ •fi' Revised 6/15/17 Page 85 of 170 USES Headers for bituminous pavement up to 50 mm x 100 mm (2"x4") Headers for bituminous pavement larger than 50 mm x 100 mm (2"x4") GRADES Construction grade Redwood or preservative treated construction orade Douglas Fir Number 1 grade Redwood, or preservative treated number 1 arade Doualas Fir SECTION 206 -MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. 206-7 .1 Roadside Signs. This work shall consist of furnishing and installing roadside signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins,. excessive adhesive overspray, and aluminum marks. 206-7.1.2 Sign Identification. The following notation shall be placed on the lower right side of the back of each sign where the notation shall not be blocked by the sign post or frame: A. PROPERTY OF THE CITY OF CARLSBAD, B. Name of the sign manufacturer, C. Month and year of fabrication, D. Type of retroreflective sheeting, and E. Manufacturer's identification and lot number of retroreflective sheeting. The above notation shall be applied directly to the aluminum sign panels in 1/4-inch upper case letters and numerals by die-stamp and applied by similar method to the fiberglass reinforced plastic signs. Painting, screening, or engraving of the notation will not be allowed. The notation shall be applied without damaging the finish of the sign. 206-7.1.3 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.1.5 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminium shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion {'\ • ., Revised 6/15/17 Page 86 of 170 coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. 206-7.2.1 General. This work shall consist of furnishing and installing temporary signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation 8209. Sheet aluminium shall be pretreated in accordance to ASTM Designation 8449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation Standard Plans RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: ,, •,;' Revised 6/15/17 Page 87 of 170 a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7'). d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5 ft2)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements of these special provisions. 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted . signs shall consist of reflective sheeting applied to a sign substrate. 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11 mm (7/16") holes on 25 mm (1 ") centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011", -0.005"). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.01 0") applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16" in 3'). Tolerance for corner radius is 4.0mm (5/32"), plus or minus 0.40 mm (1/64"). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64") radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1 m (1 0'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(8). l'\ • ., Revised 6/15/17 Page 88 of 170 TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions Outside Tolerance for All Sides at Corners mm (inches) mm (inches) 25 X 25 (1 X 1) 0.13 0.005 32 X 32 (1¼x1¼) 0.15 0.006 38 X 38 (1½x1½) 0.15 0.006 44 X 44 (1¾ X 1¾) 0.20 0.008 51 X 51 (2 X 2) 0.20 0.008 56 X 56 (23/15 X 23/15) 0.25 0.010 57 X 57 (2¼ X 2¼) 0.25 0.010 64 X 64 (2½ X 2½) 0.25 0.010 51 X 76 (2 X 3) 0.25 0.010 TABLE 206-8.2(8) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension Squareness(1l Twist Permissible in 900 mm (3") mm (Inches) mm (Inches) mm(2l (lnches)(2l 25 X 25 (1 X 1) 0.15 0.006 1.3 0.050 32 X 32 (1-¼ X 1-¼) 0.18 0.007 1.3 0.050 38 X 38 (1-½ X 1-½) 0.20 0.009 1.3 0.050 44 x44 (1-¾ X 1-¾) 0.25 0.010 1.6 0.062 51 X 51 (2 X 2) 0.30 0.012 1.6 0.062 56 X 56 (2-3/16 X 2-3/15) 0.36 0.014 1.6 0.062 57 X 57 (2-¼ X 2-¼) 0.36 1.014 1.6 0.062 64 x64 (2-½ X 2-½) 0.38 0.015 1.9 0.075 51 X 76 (2 X 3) 0.46 0.018 1.9 0.075 (1l Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. (2l Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel "pull-through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (7/8") diameter head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to ASTM B-633, Type Ill Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 206-9.1 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 - {"\ •;;' Revised 6/15/17 Page 89 of 170 20°C (-4°F) to + 70°C (158°F) 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 Add the following section: 206-9.2 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: 206-9.3 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: 206-9.4 Measurement and Payment. The contract unit price PCMS shall 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 207 -PIPE 207-2 REINFORCED CONCRETE PIPE. ,., •+; Revised 6/15/17 Page 90 of 170 SECTION 207 -PIPE 207-2 REINFORCED CONCRETE PIPE. 207-2.5 Joints. Add the following: When watertight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C 361-95 and C 443-94. Pipe designated in the plans as "pressure pipe" or with a 100-year hydraulic grade line at or above the soffit shall be bell and groove spigot joint with "O" rings conforming to ASTM C-443 and C- 361 for the limits shown on the plans. 207-9 IRON PIPE AND FITTINGS 207-9.2.2 Pipe Joints Unless otherwise shown on the Plans, all joints shall be the push-on type joint. Joints and accessories shall conform to the requirements and dimensions specified in ANSI A21.11, AWWA C111. Rubber gasket material shall conform to 208-1.2 and AWWA C111 and ANSI A21.11-90. 207-9.2.3 Fittings. Add the following: Ductile iron pipe and fittings shall be manufactured in accordance with ANSI 21.50, AWWA C150 and ANSI 21.51, AWWA C151, and shall be of the size and thickness classes shown on the Plans. Unless otherwise specified, size 4-inches through 6-inches DIP shall be thickness Class 52, while size 8-inches and larger shall be thickness Class 50. 207-9.2.4 Lining and Coating. Replace with the following: Unless otherwise specified, all iron pipe and fittings shall be lined with double thickness, cement motor lining with cement conforming to ASTM C150 Type II, AWWA C104/A21.4.90 and outside coating of bituminous coating a minimum of 2 mils. thick in accordance with AWWA C151 or C100. 207-10 STEEL PIPE add the following: 207-10.1 General Fabricated Steel Pipe and Fittings shall conform in all respects to Carlsbad Municipal Water District Rules and Regulations for Construction of (Potable or Reclaimed) Water Mains, latest edition. 207-10.1.2 Submittals. The Contractor shall furnish submittals in accordance with Section 2-5.3, Submittals Shop Drawings. Submittals are required for the following: Welding Shop Drawings Manufacturer's tests Fabrication Details Protective Coatings Layout Drawings Mill Reports or Plant Test Reports Dimensional Checks Welding Procedures/Certification for Field Shop Drawings shall be submitted and approved prior to manufacture of pipe. 207-10.1.3 Quality Assurance. Field welders shall be certified under Section IX, Part A of the ASME Boiler and Pressure Vessel Code or in accordance with AWWA C206, Section 3. Welders shall submit a copy of their certification to the District prior to performing any field welding. Certifications shall be dated within three (3) years of the job to be performed. The top of all pipe and specials shall be clearly identified by marking the top with "T.O.P." for easy identifications in the field. Plainly mark each length of pipe at the bell end to identify the proper location of the pipe item by reference to the layout schedule. {'\ •ff Revised 6/15/17 Page 91 of 170 207-10.1.4 Protective Coatings and Linings. All steel pipe and fittings exposed within a vault or above ground shall be cement-mortar lined in accordance with AWWA C205 and C602 and painted in accordance with CMWD Approved Materials List. All steel pipe and fittings for underground service shall be cement-mortar lined, taped wrapped and cement-mortar coated in accordance with AWWA C205, C214 and C602 unless otherwise specified on the Drawings. Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207- 25(A) and 207-25 (B). TABLE 207-25.1 (A) DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Method Value Thickness ASTM D2103 0114 mm (0.0056") Tensile strength ASTM D882 4500a/cm (25 lbs/inch) (5 500 PSI) Elonaation ASTM D882-88 <50 percent at break Printability ASTM D2578 >50 dynes/square centimeter Flexibility ASTM D671-81 Pliable hand Inks Manufacturina specifications Heat-set Mylex Message repeat Manufacturing specifications Every 500 mm(20") Foil Manufacturina specifications Dead soft/annealed Top layer Manufacturing specifications Virgin PET Bottom layer Manufacturina soecifications Virain LOPE Adhesives Manufacturing specifications >30 percent solid 1.5#/R Bond strength Boilina H20 at 100 degrees Celsius Five hours without oeel Colors APWA Code See Table 207-25.1 (B) TABLE 207-25.1(8) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Utility Marked Red Electric power, distribution, transmission, and municipal electric systems. Yellow Gas and oil distribution and transmission, dangerous materials, product and steam. Orange Telephone and telegraph systems, police and fire communications, and cable television. Blue Water systems. Green Sanitary and storm sewer systems, nonpotable. Brown Force mains. Purple Reclaimed water lines. Add the following section: 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. l'\ •+;' Revised 6/15/17 Page 92 of 170 A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321 (e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 197 4. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines -APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment -PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 209 -ELECTRICAL COMPONENTS 209 ELECTRICAL COMPONENTS. Modify as follows: Section 86, "Signals, Lighting and Electrical Systems", of the Caltrans Standard Specifications replaces Section 209, "Electrical Components", and Section 307, "Street Lighting and Traffic Signals", of the SSPWC, in all matters pertaining to the specifications for measurement, payment, warranty, materials and methods of construction of street lighting and traffic signals. Section 86 of the Caltrans Standard Specifications is unmodified excepted as specified herein. For electrical components provided and installed in systems NOT including street lighting and traffic signals, Section 209 SSPWC is unmodified except as specified in sections other than Section 209, herein. SECTION 86 -SIGNALS, LIGHTING AND TRAFFIC ELECTRICAL SYSTEMS 86-2 MATERIALS AND INSTALLATION Replace Section 86-2.02 with the following: 86-2.02 Removing and Replacing Improvements. In addition to the requirements of sections 7-9, "Protection and Restoration of Existing Improvements" and 306-1.5, "Trench Resurfacing", improvements such as sidewalks, curbs, gutters, portland cement concrete and asphalt concrete pavement, underlying material, lawns and plants, and any other improvements removed, broken or damaged by the Contractor's operations, shall be replaced or reconstructed with the same kind of material as found on the work or with materials of equal quality. The new work shall be left in a serviceable condition. Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the entire square, section or slab shall be removed and the concrete reconstructed as above specified. The outline of all areas to be removed in portland cement concrete sidewalks and driveways and in pavements shall be cut to a minimum depth of 0.17 foot (2") with an abrasive type saw prior to removing the sidewalk, driveways and pavement material. Cuts shall be neat and true along score lines, with no shatter outside the removal area. Replace Section 86-2.05B with the following: 86-2.058 Use. Exposed conduit installed on a painted structure shall be painted the same color as the structure. Unless otherwise indicated, the minimum metric trade size of conduit shall be: 1) From an electrolier to the adjacent pull box shall be Size 41 (1 ½" dia). l'\ • ., Revised 6/15/17 Page 93 of 170 2) From a pedestrian push button post to the adjacent pull box shall be Size 27 (1" dia). 3) From a signal standard to the adjacent pull box shall be Size 53 (2" dia). 4) From a controller cabinet to the adjacent pull box shall be Size 78 (3" dia). 5) For detector runs shall be Size 78 (3" dia). 6) Not otherwise specified shall be Size 78 (3" dia). Add the following: 86-2.08 Conductors. Signal cable shall be used for all new traffic signal installations. Individual conductors shall not be used. Add the following: 86-2.09B Installation. All conductors shall be pulled directly from the spool into the conduit and shall not be dragged on the ground as to cause damage to the conductors. 86-3 CONTROLLER ASSEMBLIES Add the following: 86-3.04A Cabinet Construction. Controller cabinets shall be fabricated from aluminum sheet. Controller cabinets shall have a single front door equipped with a Best Company lock core and lock. No other manufacturers shall be accepted. Add the following section: 86-3.0SF Document Tray. Controller cabinets shall have a pull-out type document tray. Add the following section: 86-3.0SG Uninterruptible Power System. An uninterruptible power system (UPS) shall be installed in each controller cabinet. The UPS shall be Clary SP 1000 series (or approved equal)and shall provide a minimum of eight (8) hours of continuous red flash operation at intersections using red LED signal indications and provide power conditioning to the controller. Batteries for the UPS shall be housed in a NEMA 3R rated cabinet mounted to the side of the Model 332 cabinet per Caltrans specifications. The battery cabinet door shall be equipped with a Best Company lock core and lock. 86-4 TRAFFIC SIGNAL FACES AND FITTINGS Replace Section 86-4.06 with the following: 86-4.06 Pedestrian Signal Faces. Message symbols for pedestrian signal faces shall be white WALKING PERSON, Portland orange UPRAISED HAND and COUNTDOWN DIGITS. Pedestrian signal faces shall conform to definitions and practices described in "Pedestrian Traffic Control Signal Indications" published in the Equipment and Materials Standards of the Institute of Transportation Engineers, (referred to in this document as "PTCSI") and in the Applicable Sections of Manual on Uniform Traffic Control Devices (MUTCD) 2003 Section 4E. Add the following section: 86-4.06A Physical and Mechanical Requirements. Add the following section: 86-4.06A(1) General. Modules shall not require special tools for installation and shall fit into existing pedestrian signal housings built for the PTCSI sizes stated in Section 1 of the "walking person" and "hand" icon pedestrian signal indication Standard without modification to the housing. l'\ •ti' Revised 6/15/17 Page 94 of 170 Installation of a retrofit replacement module into an existing pedestrian signal housing shall only require the removal of the existing optical unit components, i.e., lens, lamp module, gaskets, and reflector; shall be weather tight and fit securely in the housing; and shall connect directly to existing electrical wiring. Add the following section: 86-4.06A(2) The Module under Physical and Mechanical Requirements. a. The LED module shall have a visual appearance similar to that of an incandescent lamp (ie: Smooth and non-pixilated). b. The module lens shall not be a replaceable part. Screwed on lenses are not allowed. Only modules with internal mask shall be utilized. No external silk-screen shall be permitted. c. The dividers inside the module that make up the icons and digits shall be black so as to eliminate sun phantom effect. When not illuminated with the sun shining into the module, the WALKING PERSON and UPRAISED HAND and COUNTDOWN DIGITS shall not be readily visible. d. The countdown digits of the pedestrian signal module shall be located adjacent to the associated UPRAISED HAND (symbolizing DON'T WALK). When displaying a number "1" for both digits, the number "1" shall use the two segments furthest to the right. The digits shall remain on during the entire count down cycle. Flashing digits are not allowed. e. The display of the number of remaining seconds shall begin only at the beginning of the pedestrian change interval. After the countdown displays zero, the display shall remain dark until the beginning of the next countdown. f. The walking person, hand icons and countdown digits (16"x18" size only) shall be incandescent looking. The configurations of the walking person icon, hand icon and numbers icons are illustrated in Figures 1, 2 (per PTCSI Part 2 Specification) and Figure 3 respectively. Figure 1 Figure 2 Figure 3 Dimensions for Figures 1, 2 and 3 For each nominal message bearing surface (module) size, use the corresponding minimum H (height) and W (width) measurements: Module Size Icon Icon Countdow Countdow Countdown Height Width n Height n Width Segment Width ., ~., Revised 6/15/17 Page 95 of 170 406 x457 mm 16 X 18 in 297 mm 178 mm 229 mm 11 in 7 in 9 in 178mm 7in 17.78 mm 0.7 in Note: The units shall not have any external attachments, dip switches, toggle switches or options that will allow the mode to be changed from counting the clearance cycle, to the full walk/don't walk cycle or any other modification to the icons or digits. Add the following section: 86-4.06A(3) Environmental Requirements. a. All exposed components of a module shall be suitable for prolonged exposure to the environment, without appreciable degradation that would interfere with function or appearance. As a minimum, selected materials shall be rated for service for a period of a minimum of 60 months in a south-facing installation. b. The module shall be rated for use in the ambient operating temperature range, measured at the exposed rear of the module, of -40°C to +74°C. (-40°F to +165°F). c. A module shall be protected against dust and moisture intrusion, including rain and blowing rain. Shall be sealed and meet MIL-STD-810F Procedure I, Rain & Blowing Rain specifications. d. The module lens shall not crack, craze or yellow due to solar UV irradiation typical for a south-facing Arizona Desert installation after a minimum of 60 months in service. Add the following section: 86-4.06A(4) Construction. a. To prevent water seepage between the back cover and the electrical wires, or between the copper and insulation of the wires, the electrical wires shall not penetrate the LED module housing. b. The module shall be a single, self-contained device, not requiring on-site assembly for installation into an existing pedestrian signal housing. The power supply shall be designed to fit and mount inside the pedestrian signal module. c. The assembly and manufacturing process for the module shall be designed to assure all internal LED and electronic components are adequately supported to withstand mechanical shock and vibration from high winds and other sources. Add the following section: 86-4.06A(5) Materials. a. Materials used for the lens and LED module construction shall conform to ASTM specifications where applicable. b. Enclosures containing the power supply and electronic components of the LED module shall be made of UL94 flame retardant materials. The lens of the LED module is excluded from this requirement. c. The front window shall be a transparent polycarbonate material with internal masking to prevent the icons and digits from being visible when not in operation. External masking or silk-screen technology shall not be permitted. When not illuminated, the Walking Person, Hand and Countdown Digits shall not be readily visible. Add the following section: 86-4.06A(6) Module Identification. l'\ •;;' Revised 6/15/17 Page 96 of 170 a. Each module shall be identified on the backside with the manufacturer's name, model, serial number and operating characteristics of each symbol. The operating characteristics identified shall include the nominal operating voltage and stabilized power consumption, in watts and Volt-Amperes. b. Modules conforming to this specification (WALKING PERSON, UPRAISED HAND only), may have the following statement on an attached label: "Manufactured in Conformance with the ITE Pedestrian Traffic Control Signal Indications -Part 2: Light Emitting Diode (LED) Pedestrian Signal Modules". Add the following section: 86-4.068 Photometric Requirements. Add the following section: 86-4.068(1) Luminance, Uniformity and Distribution. a. For a minimum period of 60 months, the maintained minimum luminance values for the modules under the operating conditions defined in Sections 2.3.1 and 4.2.1, when measured normal to the plane of the icon surface, shall not be less than: • Walking person: 2,200 cd/m2; • Hand: 1,400 cd/m2. • Countdown digits: 1,400 cd/m2; The luminance of the emitting surface, measured at angles from the normal of the surface, may decrease linearly to a value of 50% of the values listed above at an angle of 15 degrees. The light output requirements in this specification apply to pedestrian signal heads without any visors, hooded or louvered (egg-crate). b. The LED module shall have a visual appearance similar to that of an incandescent lamp (i.e., smooth and non-pixilated). c. Maximum permissible luminance: When operated within the temperature range specified in Section 2.3.2, the actual luminance for a module shall not exceed three times the required peak value of the minimum maintained luminance. d. Luminance uniformity: The uniformity of the signal output across the emitting section of the module lens (i.e. the hand, person or countdown icon) shall not exceed a ratio of 5 to 1 between the maximum and minimum luminance values (cd/m2). Add the following section: 86-4.068(2) Chromaticity. a. The standard colors for the LED Pedestrian Signal Module shall be White for the walking person and Portland Orange for the hand icon and the countdown digits. The colors for these icons shall conform to the following color regions, based on the 1931 CIE chromaticity diagram: ,, •+r' Revised 6/15/17 Page 97 of 170 Walking Person -White: Blue boundary: X = 0.280. st 1 Green boundary: 0.280 s X y = 0.7917•x + 0.0983. nd 2 Green boundary: 0.400 s X y = 0.4600•x + 0.2310. Yellow boundary: X = 0.450 st 1 Purple boundary: 0.450 s X y = 0.4600•x + 0.1810. nd 2 Purple boundary: 0.400 s X y = 0.7917•x + 0.0483. White Point X V 1 0.280 0.320 2 0.400 0.415 3 0.450 0.438 4 0.450 0.388 5 0.400 0.365 6 0.280 0.270 Hand and Countdown Digits-Portland Orange: Yellow boundary: y = 0.390 White boundary: 0.600 s x y=0.990-x Red boundary: y = 0.331. Portland Orange Point X y 1 0.609 0.390 2 0.600 0.390 3 0.659 0.331 4 0.669 0.331 < 0.400 < 0.450 < 0.400 < 0.280 0.659 b. Color Uniformity: Walking Person-White: .J(Af2 )+ (i:1y 2 ) ~ 0.04 where 6.x and 6.y are the differences in the chromaticity coordinates of the measured colors to the coordinates of the average color, using the CIE 1931 Chromaticity Diagram and a 2 degree Standard Observer. Hand and Countdown Digits-Portland Orange: The dominant wavelength for any individual color measurement of a portion of the emitting surface of a module shall be within ±3nm of the dominant wavelength for the average color measurement of the emitting surface as a whole. l'\ • ., Revised 6/15/17 Page 98 of 170 Add the following section: 86-4.06C Electrical. Add the following section: 86-4.06C(1) General. All wiring and terminal blocks shall meet the requirements of Section 13.02 of the VTCSH Standard. Maximum of three secured, color coded, 1 meter (39 in) long 600 V, 16 AWG minimum, jacketed wires, conforming to the National Electrical Code, rated for service at +105°C, are to be provided for electrical connection. The conductors shall be color coded with orange for the hand, blue for the walking person and white as the common lead. Add the following section: 86-4.06C(2) Voltage. a. LED modules shall operate from a 60 ±. 3 Hertz ac line power over a voltage range from 80 to 135 VAC RMS. b. Nominal operating voltage for all measurements shall be 120 ±. 3 VAC RMS. c. Fluctuations in line voltage over the range of 80 to 135 VAC RMS shall not affect luminous intensity by more than ±. 10 %. d. Catastrophic failure of one LED light source in Man & Hand icons shall not result in the loss of more than the light from that one LED. e. To prevent the appearance offlicker, the module circuitry shall drive the LEDs at frequencies greater than 100 Hz when modulated, or at DC, over the voltage range specified in Section 4.2.1. f. Low Voltage Turn Off: There should be no illumination of the module when the applied voltage is less than 35 VAC RMS. To test for this condition, each icon must first be fully illuminated at the nominal operating voltage. The applied voltage shall then be reduced to the point where there is no illumination. This point must be greater than 35 VAC RMS. g. Turn-ON and Turn-OFF Time: A module shall reach 90% of full illumination (turn-ON) within 75 msec of the application of the nominal operating voltage. The signal shall cease emitting visible illumination (turn-OFF) within 75 msec of the removal of the nominal operating voltage. h. Default Condition: For abnormal conditions when nominal voltage is applied to the unit across the two-phase wires (rather than being applied to the phase wire and the neutral wire) the pedestrian signal unit shall default to the hand symbol. i. Icon Power Supplies: LED pedestrian countdown modules shall have two separate power supplies for powering the Walking Person and Upraised Hand icons. The circuitry shall be unrelated to power the LED Walking Person icon and the LED Upraised Hand icon, in order to virtually eliminate the risk of displaying the wrong icon Add the following section: 86-4.06C(3) Transient Voltage Protection. The on-board circuitry of a module shall include voltage surge protection: • To withstand high-repetition noise transients and low-repetition high-energy transients as specified in NEMA Standard TS-2 2003; Section 2.1.8 • Section 8.2 IEC 1000-4-5 & Section 6.1.2 ANSI/IEEE C62.41.2-2002, 3kV, 2 ohm • Section 8.0 IEC 1000-4-12 & Section 6.1.1 ANSI/IEEE C62.41.2-2002, 6kV, 30 ohm Add the following section: l'\ •,;' Revised 6/15/17 Page 99 of 170 86-4.06C(4) Electronic Noise. The LED signal and associated on-board circuitry shall meet the requirements of the Federal Communications Commission (FCC) Title 47, Subpart B, Section 15 regulations concerning the emission of electronic noise by Class A digital devices. Add the following section: 86-4.06C(5) Power Factor (PF) and AC Harmonics. a. The modules shall provide a power factor of 0.90 or greater when operated at nominal operating voltage, and 25°C (77°F). b. Total harmonic distortion induced into an AC power line by the module, operated at nominal operating voltage, and at 25°C (77°F) shall not exceed 20%. Add the following section: 86-4.06C(6) Controller assembly Compatibility. a. The current draw shall be sufficient to ensure compatibility and proper triggering and operation of load current switches and conflict monitors in signal controller units. b. Off State Voltage Decay: When the module is switched from the On state to the Off state the terminal voltage shall decay to a value less than 10 VAC RMS in less than 100 milliseconds when driven by a maximum allowed load switch leakage current of 10 milliamps peak (7.1 milliamps AC) Add the following section: 86-4.06C(7) Constant Current Drive. The countdown digits shall be driven by constant current to improve LED efficiency and lifespan. Add the following section: 86-4.06C(8) Power Consumption. Maximum power consumption requirements for the modules are as follows: "Hand" "Walking Person" "Count-Down Display" Add the following section: 86-4.06D Module Functions. Add the following section: 2s0 c 11.0 Watts 8.0 Watts 6.0 Watts (when display shows "88") 86-4.06D(1) Cycle. The module shall operate in one mode: Clearance Cycle Countdown Mode Only. The module shall start counting when the flashing don't walk turns on and will countdown to "O" and turn off when the steady "Don't Walk" signal turns on. The module shall not have user accessible switches or controls for the purpose of modifying the cycle, icons or digits. Add the following section: 86-4.06D(2) Learning Cycle. At power on, the module enters a single automatic learning cycle. During the automatic learning cycle, the countdown display shall remain dark. Add the following section: l'\ •+;' Revised 6/15/17 Page 100 of 170 86-4.060(3) Cycle Modification. The unit shall re-program itself if it detects any increase or decrease of Pedestrian Timing. The digits shall go blank once a change is detected and then take one complete pedestrian cycle (with no counter during this cycle) to adjust its buffer timer. Add the following section: 86-4.060(4) Recycling. The module shall allow for consecutive cycles without displaying the steady Hand icon ("Don't Walk"). Add the following section: 86-4.060(5) Pre-Emption. The module shall recognize preemption events and temporarily modify the crossing cycle accordingly. • If the controller preempts during the walking man, the countdown shall follow the controller's directions and shall adjust from walking man to flashing hand. It shall start to count down during the flashing hand. • If the controller preempts during the flashing hand, the countdown shall continue to count down without interruption. The next cycle, following the preemption event, shall use the correct, initially programmed values. This specification is worded such that the flashing don't walk time is not modified. Add the following section: 86-4.060(6) "Don't Walk" Steady. If the controller output displays Don't Walk steady condition or if both the hand /person go dark and the unit has not arrived to zero, the unit suspends any timing and the digits shall go dark. Add the following section: 86-4.060(7) Power Outage. The digits will go dark for one pedestrian cycle after loss of power of more than 2.0 seconds. Add the following section: 86-4.060(8) Digit Operation. The digits shall remain continuously lit during the clearance cycle and shall not flash in conjunction with the Hand/Don't Walk icon. Add the following section: 86-4.06E Quality Assurance. Add the following section: 86-4.06E(1) General. Unless otherwise specified all of the test will be conducted at an ambient temperature of 25°C and at the nominal operating voltage of 120 VAC RMS. a. The modules shall be manufactured in accordance with a vendor quality assurance (QA) program. b. QA process and test result documentation shall be kept on file for a minimum period of seven years Add the following section: 86-4.06E(2) Conformance. The module designs not satisfying design qualification testing and the production quality assurance testing performance requirements shall not be labeled, advertised, or sold as conforming to this specification. Add the following section: l'\ •+' Revised 6/15/17 Page101of 170 86-4.06E(3) Production Tests & Inspections. All lamps manufactured shall be affixed with an lntertek ETL Verified label (or other 3rd Party "Nationally Recognized Testing Laboratory/NRTL") to demonstrate compliance to Section 6.3 (Production Tests & Inspections) of the latest ITE PTCSI Pedestrian specification, dated March 19, 2004. a. All new LED modules tendered for sale shall undergo the following Production Test and Inspection prior to shipment. Failure of a module to meet requirements of these Production Test and Inspection shall be cause for rejection. Test results shall be maintained for a period of 5 years following the production of the last production unit. b. All LED modules shall be tested for maintained minimum luminous intensity. A single point measurement with a correlation to the intensity requirements referred to in Section 3.0 may be used. The LED module shall be operated at nominal operating voltage and at an ambient temperature of 25°C (77°F). c. All LED modules shall be tested for power factor per the requirements of Section 4.6.1. A commercially available power factor meter may be used to perform this measurement. d. All LED modules shall be measured for current flow in Amperes. The measured current values shall be compared against those resulting from design qualification measurements in Section 5.4.6.1. Measured current values in excess of 120% of the design qualification current values shall be cause for rejection. e. All LED modules shall be visually inspected for any exterior physical damage or assembly anomalies. Add the following section: 86-4.06E(4) Design Qualification Testing. a. Design Qualification testing shall be performed on new module designs, and when a major design change has been implemented on an existing design. b. High Temperature High Humidity (HTHH): 1000 hours at +60°C (+140°F), 90% Relative Humidity with cycling starting at 30 down to 0. This will ensure that each symbol is properly tested. c. Unless otherwise specified, all of the tests shall be conducted on the same set of randomly selected modules, hereafter called the sample set, at an ambient temperature of 25°C and at the nominal operating voltage of 120 VAC RMS. d. Testing shall be performed once every 5 years or when the module design or LED technology has been changed. The module manufacturer shall retain test data for a minimum period of 7 years and for a period of at least 5 years beyond the last date of manufacture of that model type. e. Conditioning: The module shall be energized for a minimum of 24 hours in an ambient temperature of +60°C (+140°F), 0% Relative Humidity with cycling starting at 99 down to 0. This will ensure that each symbol is properly conditioned. f. Mechanical Vibration: Mechanical vibration testing shall be performed per MIL-STD-883, Test Method 2007. g. Temperature Cycling: Temperature cycling shall be performed per MIL-STD-883, Test method 1010. The temperature range shall include the full ambient operating temperature range specified in Section 2.3.2. h. Moisture Resistance: Moisture resistance testing shall be performed per MIL-STD-810F, Test Method 506.4, Procedure I, Rain and Blowing Rain. The test shall be conducted on stand-alone modules, without a protective housing. The modules shall be vertically oriented, such that the lens is directed towards the wind source when at a zero rotation angle. The modules shall be energized throughout the test. The water shall be at 25° ± 5°C (77° ± 9°F). The wind velocity shall be 80 km/hr (50 mph). ,, •+; Revised 6/15/17 Page 102 of 170 Add the following section: 86-4.06E(5) Warranty. Manufacturers will provide the following warranty provIsIons. Replacement or repair of an LED signal module that fails to function as intended due to workmanship or material defects within the first 5 years (60 months) from the date of delivery. Add the following: 86-4.09 Flashing Beacons. Reflective sheeting for W3-3 SIGNAL AHEAD signs, mounted on flashing beacons, shall be Type IX prismatic cube-corner reflective sheeting (Diamond Grade VIP or equal). 86-5 DETECTORS Replace Section 86-5.01A(5) with the following: 86-5.01A(5) Installation Details. Installation and tests shall conform to the details and notes shown on the plans. Unless shown otherwise each loop shall consist of 3 turns of conductor as specified in Section 86-5.01A(4), "Construction Materials." Slots cut in the pavement shall be washed clean, blown out and thoroughly dried before installing conductors. Residue resulting from slot cutting operations shall not be permitted to flow across shoulders or lanes occupied by public traffic and shall be removed from the pavement surface before any residue flows off of the pavement surface. Residue from slot cutting operations shall be disposed of outside the highway right of way in accordance with Section 7-8.1, "Cleanup and Dust Control." After conductors are installed in the slots cut in the pavement, the slots shall be filled with sealant to within 1/ a inch of the pavement surface. The sealant shall be at least one inch thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents. The sealant for filling slots shall conform to the following: Hot-Melt Rubberized Asphalt Sealant. Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as follows: Property ASTM Designation Requirement Cone Penetration, 25°C, 150 g, 5 s D 5329, Sec. 6 3.5 mm, max. Flow, 60°C D 5329, Sec. 8 5 mm, max. Resilience, 25°C D 5329, Sec. 12 25%, min. Softening Point D 36 82 °C, min. Ductility, 25°C, 50 mm/min D 113 300 mm, min. Flash Point, COC, °C D 92 288 °C, min. Viscosity, Brookfield Thermosel, D4402 2.5-3.5 Pa·s No. 27 Spindle, 20 rpm, 190°C The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot- melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 4°C (40°F). Hot-melt sealant shall be packaged in containers clearly marked "Detector Loop Sealant" and specifying the batch and lot number of the manufacturer. {'\ .;, Revised 6/15/17 Page 103 of 170 Loop conductors shall be installed without splices and shall terminate in the nearest pull box. The loops shall be joined in the pull box in combination of series and parallel so that optimum sensitivity is obtained at the sensor unit. Final splices between loops and lead-in cable shall not be made until the operation of the loops under actual traffic conditions is approved by the Engineer. All loop conductors for each direction of travel for the same phase of a traffic signal system, in the same pull box, shall be spliced to a detector lead-in cable which shall be run from the pull box adjacent to the loop detector to a sensor unit mounted in the controller cabinet. All loop conductors for traffic monitoring shall terminate in a pull box or terminal strip in the traffic monitor station cabinet when a cabinet of that type is installed. Conductors for inductive loop traffic signal and traffic monitoring installations shall be identified and banded, in pairs, by lane, in the pull box adjacent to the loops and near the termination of the conductors in the controller or traffic monitoring station cabinet. Bands shall conform to the provisions in Section 86-2.09, "Wiring." If asphalt concrete surfacing is to be placed, the loop conductors shall be installed prior to placing the uppermost layer of asphalt concrete. The conductors shall be installed, as shown on the plans, in the compacted layer of asphalt concrete immediately below the uppermost layer. Installation details shall be as shown on the plans, except the sealant shall fill the slot flush to the surface. Add the following section: 86-5.01 B Emergency Vehicle Pre-Emption Detector System. Each emergency vehicle pre-emption detector system shall conform to the details shown on the plans and these special provisions and shall consist of an optical emitter assembly or assemblies located on the appropriate vehicle and an optical detector/discriminator assembly or assemblies located at the traffic signal. Each system shall permit detection of Class II emergency vehicles. Class II emergency vehicles shall be capable of being detected at any range up to 2,500 feet from the optical detector. Add the following section: 86-5.018(1) Optical Emitter Assembly. Each optical emitter assembly shall consist of an emitter unit, an emitter control unit and connecting cables and shall conform to the following: Each optical emitter assembly, including lamp, shall be designed to operate over an ambient temperature range of -34°C to 74°C at both modulation frequencies and to operate continuously at the higher frequency for a minimum of 3,000 hours at 25°C ambient before failure of lamp or any other component. Each emitter unit shall be controlled by a single, maintained-contact switch on the respective emitter control unit. The switch shall be capable of being positioned in a readily accessible location to the vehicle driver. The control unit shall contain a pilot light to indicate that the emitter power circuit is energized and shall be capable of generating only Class II modulating code. Functional Requirements. Each emitter unit shall transmit optical energy in one direction only. The signal from each emitter unit shall be capable of being detected at a distance of 2,500 feet when used with a standard optical detection/discriminator assembly. The modulation frequency for Class II signal emitters shall be 14.035 Hz ± 0.003 Hz. The standard optical detection/discriminator assembly to be used in conducting the range tests shall be available from ,, • ., Revised 6/15/17 Page 104 of 170 the manufacturer of the system. A certified performance report shall be furnished by the contractor with each assembly. The emitter unit shall be configured with a grating to provide precise directionality control. Electrical Requirements. Each optical emitter assembly shall be capable of providing full light output with input voltages between 10 and 16 volts DC. An optical emitter assembly shall not be damaged by input voltages up to 7.5 volts DC about the supply voltage. The optical emitter assembly shall not generate voltage transient, on the input supply, which exceeds the supply voltage by more than 4 volts. Each optical emitter assembly shall not consume more than 100 watts at 17.5 volts DC and shall have a power input circuit breaker rated at 10 to 12 amperes, 12 volts DC. The design and circuitry of each emitter unit shall permit its use on vehicles with either negative or positive ground without disassembly or rewiring of the unit. Mechanical Requirements. Each emitter unit shall be housed in a weatherproof, corrosion- resistant housing. The housing shall be provided with facilities to permit mounting on various types of vehicles and shall have provision for proper alignment of the emitter unit and for locking of the emitter unit into proper alignment. Each emitter control unit shall be provided with appurtenant hardware to permit its mounting in or on an emergency vehicle or mass transit vehicle. Where required for certain emergency vehicles, the emitter control unit and all exposed controls shall be weatherproof. Each emitter shall include a multi-purpose port compliant with the SAE J1708 communication standard to enable unit configuration to be set into the emitter and read from the emitter. Add the following section: 86-5.018(2) Optical Detection/Discriminator Assembly. Optical detection/discriminator assembly shall consist of one or more optical detectors, connecting cable and a discriminator module and conform to the following: Each such assembly, when used with standard emitters, shall have a range of up to 2,500 feet for Class II signals. Standard emitters for Class II signals shall be available from the manufacturer of the system. Range measurements shall be taken with all range adjustments on the discriminator module set to "maximum". Add the following section: 86-5.018(3) Optical Detector. Each optical detector shall be a waterproof unit capable of receiving optical energy from one or two separately aimable directions. The horizontal angle between the two directions shall be variable from 5 degrees to 180 degrees. The reception angle for each photocell assembly shall be a maximum of 8 degrees in all directions about the aiming axis of the assembly. Measurements of reception angle will be taken at a range of 2,500 feet for a Class II emitter. All internal circuitry shall be solid state and electrical power shall be provided by the associated discriminator module. Each optical detector shall be contained in a housing, which shall include one or two rotatable photocell assemblies, an electronic assembly and a base. The base shall have an opening to l'\ •+;' Revised 6/15/17 Page 105 of 170 permit its mounting on a mast arm. Each optical detector shall weigh no more than 2.5 pounds and shall present a maximum wind load area of 36 square inches. The housing shall be provided with weep holes to permit drainage of condensed moisture. Each optical detector shall be installed, wired and aimed as specified by the manufacturer. Add the following section: 86-5.018(4) Optical Detector Cable. Optical detector cable shall meet the requirements of IPCEA-S-61-402/NEMA WC 5, Section 7.4, 600 volt control cable, 75°C, Type B and the following: The cable shall contain three conductors, each of which shall be AWG #20 (7x28) stranded, tinned copper with low-density polyethylene insulation. Minimum average insulation thickness shall be 25 mils. The insulation of individual conductors shall be color coded as follows: Yellow Blue Orange Bare (Drain) - Detector Signal #1 Detector Signal #2 Power(+) Common or Ground The shield shall be either tinned copper braid or aluminized polyester film with a nominal 20 percent overlap. Where the film is used, a AWG #20 (7x28) standard, tinned, bare drain wire shall be place between the insulated conductors and the shield and in contact with the conductive surface of the shield. The jacket shall be black polyvinyl chloride with a minimum rating of 600 volts and 80°C and a minimum average thickness of 45 mils. The jacket shall be marked as required by IPCEA/NEMA. The finished outside diameter of the cable shall not exceed 0.3 inches. The capacitance of the optical detector cable, as measured between any conductor and the other conductors and the shield, shall not exceed 14.3 microfarads per 1000 feet. The characteristic impedance of the optical detector cable shall be 0.6 ohms per 1000 feet. Add the following section: 86-5.018(5) Discriminator Module. Each discriminator module shall be designed to be compatible and usable with Model 170 controller unit and to be mounted in the input file of a Model 332 controller cabinet, and shall conform to the requirements of Chapter 1 of the State of California, Department of Transportation, "Traffic Signal Control Equipment Specifications", dated January 1989, and to all addenda thereto current at the time of project advertisement. Each discriminator module shall be capable of operating one or two channels and shall be capable of: 1. Receiving Class II signals at a range of up to 2,500 feet. 2. Decoding the signal on the basis of frequency at 14.035 Hz± 0.003 Hz for Class II signals. 3. Establishing the validity of received signals on the basis of frequency and length of time received. A signal shall be considered valid only when received for more than 0.50 seconds. No combination of Class I signals shall be recognized as a Class II signal regardless of the number of signals being received, up to a maximum of ten signals. Once a valid signal has been recognized, its effect shall be held by the module in the event of temporary loss of the ,., •ti' Revised 6/15/17 Page 106 of 170 signal for a period adjustable from 4.5 seconds to 11 seconds in at least 2 steps at 5 ± 0.5 seconds and 10 ± 0.5 seconds. 4. Providing an output for each channel that will result in "low" or grounded condition of the appropriate input of a Model 170 controller unit. For Class II signals the output shall be steady. Each discriminator module shall be powered from 115 volt (95 volts AC to 135 volts AC), 60 Hz mains and will contain an internal, regulated power supply that supports up to twelve optical detectors. Electric power, one detector input for each channel and one output for each channel, shall terminate at the printed circuit board edge connector pins listed below. Board edge connector pin assignments shall be as follows: Pins A D E F H J K L M N Function Ground Channel A primary detector input Detector 24 voe power output Channel A output, collector ( +) Channel A output, emitter(-) Channel B primary detector input Detector ground Earth ground AC -(in) AC+ (in) Pins p R s T u V w X y z Function Not used Detector 24 voe power output Not used Not used Not used Detector ground Channel B output collector ( +) Channel B output emitter (-) Not used Not used Two auxiliary inputs for each channel shall enter each module through the front panel connector. Pin assignment for the connector shall be as follows: Pins Function 13 Auxiliary detector 2 input, Channel A 14 Auxiliary detector 1 input, Channel B 15 Auxiliary detector 2 input, Channel B 28 Auxiliary detector 1 input, Channel A Each channel output shall be an optically isolated NPN open collector transistor capable of sinking 50 milliamperes at 30 volts and shall be compatible with Model 170 controller unit inputs. Each discriminator module shall be provided with means of preventing transients received by the detector from affecting the Model 170 controller assembly. Each discriminator module shall have a single connector board, shall be capable of being inserted into the input file of a Model 332 cabinet and shall occupy one slot width of the input file. The front panel of each module shall have a handle to facilitate withdrawal and the following controls and indicators for each channel: 1. A Command (High) and Advantage (Low) solid-state LED indicator for each channel to display active calls. 2. A test switch for each channel to test proper operation of Command or Advantage priority. 3. A single confirmation light control output for each channel. These outputs shall be user configurable through software for a variety of confirmation light sequences. {'\ •ti Revised 6/15/17 Page 107 of 170 The front panel shall be provided with a single circular, bayonet-captured, multi-pin connector for two auxiliary detector inputs for each channel. Connector shall be a mechanical configuration equivalent to a D-Shell 44-Pin front panel. Wiring for a Model 332 cabinet shall conform to the following: Slots 12 and 13 of the input file "J" shall be wired to accept a two-channel module. Field wiring for the primary detectors, except 24-volt DC power, shall terminate on either terminal board TB-9 in the controller cabinet or on the rear of input file "J", depending on cabinet configuration. Where TB-9 is used, position assignments shall be as follows: Position 4 5 7 8 Assignment Channel A detector input, 1st module (Slot J-12) Channel B detector input, 1st module (Slot J-12) Channel A detector input, 2nd module (Slot J-13) Channel B detector input, 2nd module (Slot J-13) The 24 volt cabinet DC power shall be available at Position 1 of terminal board TB-1 in the controller cabinet. All field wiring for the auxiliary detectors shall terminate on terminal board TB-0 in the controller cabinet. Position assignments are as follows: Position 7 8 9 10 11 12 Assignment +24VDC from (J-13E) Detector ground from (J-13K) Channel A auxiliary detector input 1 Channel A auxiliary detector input 2 Channel B auxiliary detector input 1 Channel B auxiliary detector input 2 The contractor shall demonstrate that all of the components of the system will perform satisfactorily as a system. Satisfactory performance shall be determined using the following test procedure: 1. Each system to be used for testing shall consist of an optical emitter assembly, an optical detector, at least 200 feet of optical detector cable and a discriminator module. 2. The discriminator modules shall be installed in the proper input file slot of Model 332 controller cabinet. The controller cabinet, together with a Model 170 controller unit with the appropriate operating program, a Model 210 monitor unit and 120 volt AC power, will be available as shown on the plans and as indicated elsewhere in these special provisions. 3. One test shall be conducted using a Class II signal emitter and a distance of 2,500 feet between the emitter and the detector. All range adjustments on the module shall be set to "Maximum" for each test. 4. Each test shall be conducted for a period of one hour, during which the emitter shall be operated for 30 cycles, each consisting of a one minute "on" interval and a one minute "off' interval. During the total test period: (A) the emitter signal shall cause the proper response from the Model 170 controller unit during each "on" interval and (B) there shall be no improper operation of either the Model 170 controller unit or the monitor during each "off' interval. Add the following section: ,, •ff Revised 6/15/17 Page 108 of 170 86-5.01 D Video Detection System. The video detection system shall consist of one (1) video camera and one (1) video detection processor (VDP) for each vehicle approach. A video monitor and a pointing device shall be housed in the controller cabinet. The system shall include software that detects vehicles in multiple lanes using only the video image. Detection zones shall be defined using only a video menu and a pointing device to place zones on a video image. A minimum of 24 detection zones per camera shall be available. All video detection hardware furnished by the contractor shall be new and video detection software shall be latest available version. Add the following section: 86-5.01 D(1) Functional Requirements. The VDP shall process video from a single source. The source can be a video camera or a video tape player. The video shall be input to the VDP in RS 170 format and shall be digitized and analyzed in real time. The VDP shall detect the presence of vehicles in up to 24 detection zones per camera. A detection zone shall be approximately the width and length of one car. Detection zones shall be programmed via a menu displayed on a video monitor and a pointing device connected to the VDP. The menu shall facilitate placement of the detection zones and setting of zone parameters. A separate computer shall not be required for programming detection zones or to view system operations. The VDP shall store up to three different detection zone patterns. The VDP shall be able to switch to any one of the three different detection zone patterns within one second of user request via menu selection with the pointing device. The VDP shall detect vehicles in real time as they travel across each detection zone. The VDP shall have an RS-232 port for communications with an external computer. The VDP shall accept new detector patterns from an external computer through the RS-232 port when that computer uses the appropriate communications protocol for downloading detector patterns. The VDP shall send its detector patterns to an external computer through the RS-232 port when requested when that computer uses the appropriate communications protocol for uploading detector patterns. A Windows-based software program designed for local or remote connection and providing video capture, real-time detection indication and detection zone modification capability shall be provided with the system. The camera system shall be able to transmit an NTSC video signal, with minimal signal degradation, up to 300m (1000 ft). The VDP shall default to a safe condition, such as a constant call to each active detection channel, in the event of unacceptable interference in the video signal. The system shall be capable of automatically detecting a low visibility condition such as fog and respond by placing all defined detection zones in a constant call mode. A user-selected output shall be active during the low visibility condition that can be used to modify the controller operation if connected to the appropriate controller input modifier(s). The system shall automatically revert to normal detection mode when the low visibility condition no longer exists. Add the following section: 86-5.01 D(2) Operational Requirements. A minimum of 24 detection zones per camera shall be supported and each detection zone can be sized to suit the conditions and the desired vehicle detection region. A single detection zone shall be capable of replacing multiple loops and the detection zone may be AND'ed or OR'ed together to indicate vehicle presence on a single phase of traffic movement. Placement of detection zones shall be done by using a pointing device and a graphical interface built into the VDP and displayed on a video monitor. No separate computer shall be required to program the detection zones. Up to three detection zone patterns shall be saved within the VDP memory and this memory shall be preserved during power outages. The selection of the detection zone pattern for current use shall be done through a menu system. It ,, •ff Revised 6/15/17 Page 109 of 170 shall be possible to activate a detection zone pattern for a camera from VDP memory and have the detection zone pattern displayed within one second of activation. When a vehicle is detected crossing a detection zone, the detection zone will flash a symbol on the screen to confirm the detection of the vehicle. Detection shall be at least 98% accurate in good weather conditions and at least 96% accurate under adverse weather conditions (rain, snow or fog). Detector placement shall not be more distant from the camera than a distance of fifteen times the mounting height of the camera. The VDP shall provide up to eight channels of vehicle presence detection through a NEMA TS1 port. The VDP shall provide dynamic zone reconfiguration (DZR) to enable normal detector operation of existing zones except the one being added or modified during the setup process. The VDP shall output a constant call on any detection channel when the corresponding zone is being modified. Detection zone outputs shall be configurable to allow the selection of presence, pulse, extend and delay outputs. Timing parameters of pulse, extend, and delay outputs shall be user definable between 0.1 and 25.0 seconds. Up to six detection zones shall be capable of counting the number of vehicles detected. The count value shall be internally stored for later retrieval through the RS- 232 port. The data collection interval shall be user definable in periods of five, fifteen, thirty or sixty minutes. Add the following section: 86-5.01 D(3) Hardware Requirements. The VDP shall be housed in a durable metal enclosure suitable for shelf mounting in the side rails of the controller cabinet. The VDP enclosure shall not exceed 180mm (7 .1 in) in length and 157mm (6.2 in) in depth. The VDP shall operate satisfactorily in a temperature range of -34°C to +74°C (-29°F to +165°F) and a humidity range of 0%RH to 95% RH, non-condensing. The VDP shall be powered by 24 volts DC. VDP power consumption shall not exceed 10 watts. The VDP shall include an RS-232 port for serial communications with a remote computer. This port shall be a 9-pin "D" subminiature connector on the front of the VDP. The front of the VDP shall include one BNC video input connection suitable for RS170 video inputs. The video input shall include a switch-selectable 75-ohm or high impedance termination to allow camera video to be routed to other devices, as well as input to the VDP for vehicle detection. The front of the VDP sha.II include one BNC video output providing real time video output that can be routed to other devices. Add the following section: 86-5.01 D(4) Video Detection Camera. The video camera shall be furnished by the VDP supplier and shall be qualified by the supplier to ensure proper system operation. The camera shall produce useable video image of the bodies of vehicles under all roadway lighting conditions, regardless of time of day. The minimum range of scene luminance over which the camera shall produce a useable video image shall be the minimum range of night time to day time but not less than the range of 0.1 lux to 10,000 lux. The camera shall use a CCD sensing element and shall output monochrome video with resolution of not less than 380 lines vertical and 380 lines horizontal. The camera shall include an electronic shutter control based upon average scene luminance and shall be equipped with a factory adjusted manual iris. The camera shall include a variable focal length lens with variable focus that can be adjusted, without opening the camera housing, to suit the site geometry by means of a portable interface device designed for that purpose and manufactured by the detection system supplier. The horizontal field of view shall be adjustable from 8.1 ° to 45. 9°. A single camera configuration l'\ • .., Revised 6/15/17 Page 110 of 170 shall be used for all approaches in order to minimize setup time and spares required by the user. The camera electronics shall include AGC to produce a satisfactory image at night. The camera shall be housed in a weather-tight sealed enclosure. The camera enclosure shall be able to rotate to allow proper alignment between the camera and the traveled road surface. The camera enclosure shall be equipped with a sun shield. The sun shield shall include a provision for water diversion to prevent water from flowing in the camera's field of view. The camera enclosure with sun shield shall be less than 170mm (6 in) in diameter, less than 380mm (15 in) long, and shall weigh less than 13.3kg (6 pounds) when the camera and lens are mounted inside the enclosure. The camera enclosure shall include a thermostatically controlled heater to assure proper operation of the lens at low temperatures and to prevent moisture condensation on the optical faceplate of the enclosure. When mounted outdoors in the enclosure, the camera shall operate satisfactorily in a temperature range of -34°C to +60°C (-29°F to +140°F) and a humidity range of 0% RH to 100% RH. The camera shall be powered by 120/240 VAC, 50/60 Hz. Power consumption shall be 15 watts or less under all conditions. Recommended camera placement height shall be 1 Om (33 ft) above the roadway, and over the traveled way on which vehicles are to be detected. For optimum detection, the camera should be centered above the traveled roadway. The camera shall view approaching vehicles at a distance not to exceed 1 OOm (350 ft) for reliable detection (height distance ration of 10: 100). Camera placement and field of view shall be unobstructed and as noted in the installation documentation provided by the supplier. The camera enclosure shall be equipped with separate, weather-tight connections for power and video cables at the rear of the enclosure. These connections may also allow diagnostic testing and viewing of the video signal at the camera while the camera is installed, using a lens adjustment module supplied by the VDP supplier. Video and power shall not be connected within the same connector. The video signal output by the camera shall be black and white in RS 170 or CCIR format. The video signal shall be fully isolated from the camera enclosure and power cabling. Add the following section: 86-5.01 D(5) Installation Requirements. The coaxial cable to be used between the camera and th~ VDP in the controller cabinet shall be Belden 8281 or a 75 ohm, precision video cable with 20 gauge solid bare copper conductor (9.9 ohms/M), solid polyethylene insulating dielectric, 98% (min) tinned copper double-braided shield and black polyethylene outer covering. The signal attenuation shall not exceed 0.78 dB per 30m (100 ft) at 10 MHz. Nominal outside diameter shall be 8mm (0.304 in). The coaxial cable shall be a continuous, unbroken run from the camera to the VDP. This cable shall be suitable for installation in conduit or overhead with appropriate span wire. 75 ohm BNC plug connectors shall be used at both the camera and controller. The coaxial cable, BNC connector and crimping tool shall be approved by the supplier of the video detection system, and the manufacturer's instructions must be followed to ensure proper connection. The power cabling shall be 16 AWG three conductor cable. The cabling shall comply with the National Electric Code, as well as local electrical codes. Cameras may acquire power from the luminaire if necessary. The video detection system shall be installed by supplier factory certified installers and as recommended by the supplier and documented in the installation materials provided by the supplier. Proof of factory certification shall be provided . . , \i+;' Revised 6/15/17 Page 111 of 170 Add the following section: 86-5.010(6) Warranty. The supplier shall provide a limited two year warrant on the video detection system. See supplier's standard warranty included in the Terms and Conditions of Sale documentation. During the warranty period, technical support shall be available from the supplier via telephone within four hours of the time a call is made by the user. This support shall be made available from factory certified personnel or factory certified installers. During the warranty period, updates to the VDP software shall be made available from the supplier without charge. Add the following section: 86-5.010(7) Maintenance and Support. The supplier shall maintain an adequate inventory of parts to support maintenance and repair of the video detection system. These parts shall be made available for delivery within 30 days of placement of an acceptable order at the supplier's current pricing and terms of sale for said parts. The supplier shall maintain an ongoing program of technical support for the video detection system. This technical support shall be available via telephone, or via personnel sent to the installation site upon placement of an acceptable order at the supplier's current pricing and terms of sale for on-site technical support services. Installation or training support shall be provided by . a factory authorized representative. All product documentation shall be written in the English language. The contractor shall ensure the presence of a factory authorized representative at the time of traffic signal turn-on. 86-6 LIGHTING Replace Section 86-6.01 with the following: 86-6.01 Luminaires for Street Lighting. Luminaires for street lighting shall be 5,500 pupil lumen (40 watt) or 13,700 pupil lumen (100 watt) high efficiency induction lamps . Street lighting luminaires shall be US Lighting Tech catalog number HA-120/277V-040W-5K-01 and HA- 120/277V-100W-5K-01 or approved equal. Replace Section 86-6.02 with the following: 86-6.02 Luminaires for Safety Lighting. Luminaires for safety lighting on traffic signal standards shall be 20,665 lumen (150 watt) or 27,540 lumen (250 watt) high efficiency induction lamps. Safety lighting luminaires shall be US Lighting Tech catalog number HA-120/277V-150W-5K-01 or HR-120/277V-200W-5K-01 or approved equal. Replace Section 86-6.03 with the following: 86-6.03 Mission Bell Luminaires. The contractor shall be responsible for furnishing and installing all components of the Mission Bell fixture and light standard in accordance to manufacturer's specifications and these special provisions. The Contractor's responsibility shall include, but is not limited to, mounting adaptor to mast arm, mounting bracket for use with photoelectric control and suspension method for conductors. Dissimilar metals shall not be used for mounting the Mission Bell to the fixture adapter (plumberizer). The 50 mm (2") diameter close aluminum nipples used between the plumberizer and Mission Bell casting shall be fabricated from bar stock aluminum conforming to ASTM designation 6061-T6 or6063-T1 and shall be bored through along their central axis with a 25 mm (1") diameter hole to accommodate the lighting conductors. All aluminum incorporated in the fixture shall be clear anodized in accordance with Aluminum Association designation AA-M12C22A41. The minimum anodic coating thickness shall be not less than 0.03 mm (1.0 mil). Mission Bell luminaires shall conform to the requirements of section 86-6.01 of these special provisions except as noted in this section (86-6.02). Mission bell luminaires shall use 100 watt high efficiency induction lamps featuring a color temperature of 5,000 Kelvin and shall be US Lighting Tech or approved equal. All Mission Bell luminaires from any source shall be modified as specified herein. The Contractor shall submit shop drawings for the mounting design for approval by the Engineer prior to fabrication in accordance with Section 2-5.3 Shop Drawings. {'\ •ff Revised 6/15/17 Page 112 of 170 Add the following: 86-6.07 Photoelectric Controls. Type IV photoelectric control shall be used unless otherwise shown on the plans or required by these special provisions and shall be installed in a receptacle integral with the luminaire. SECTION 210 -PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.5(A) TABLE 210-1.5 (A) Surface to be Painted Pre-reatment I Surface Primer Finish Coats Preparation Temporary Railing type Abrasive Blast Cleaning to a None Two coats white Acrylic (K) RouQhened, Textured Aooearance Emulsion Paint (1l (1) acrylic emulsion paint designed for use on exterior masonry. This paint shall comply 1n all respects to Federal Spec1ficat1on TT-P- 19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. 210-1.6 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 CAL TRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS Specification No. 8010-19A. 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 CAL TRANS Specification No. 8010-004 {Type II). CAL TRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CAL TRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. 210-3 GALVANIZING. Add the following section: 210-3.6 Galvanizing for Traffic Signal Facilities. The requirements of this section shall pertain only to the preparation and galvanizing of traffic signal facilities. Galvanizing of products fabricated from rolled, pressed and forged steel shapes, plates, bars and strip 3.2 mm (1/8") thick or thicker, shall conform to the specifications of ASTM Designation: A 123, except that complete seal welding of tightly contacting surfaces of these products prior to galvanizing is required only where seal welding is shown on the plans or specified in these special provisions. Except for pre-galvanized standard pipe, galvanizing of material 3.2 mm (1/8") thick or thicker shall be performed after fabrication into the largest practical sections. l'\ •+;' Revised 6/15/17 Page 113 of 170 At the option of the Contractor, material thinner than 3.2 mm (1/8") shall be galvanized either before fabrication in conformance with the requirements of ASTM Designation: A 525M, Coating Designation Z600, or after fabrication in conformance with the requirements of ASTM Designation: A 123, except that the weight of zinc coating shall average not less than 365 g per square meter (1.2 oz. per ft2) of actual surface area with no individual specimen having a coating weight of less than 305 g per square meter (1.0 oz. per ft2). Galvanizing of standard pipe shall conform to the requirements of ASTM Designation: A 53. Galvanizing will not be required for stainless steel, monel metal and similar corrosion resistant parts. Fabrication shall include all operations such as shearing, cutting, punching, forming, drilling, milling, bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvanizing to remove all slab or other material that would interfere with the adherence of the zinc. When it is necessary to straighten any sections after galvanizing, the work shall be performed without damage to the zinc coating. Galvanizing of iron and steel hardware and nuts and bolts, when specified or shown on the plans, shall conform to the specifications of ASTM Designation: A 153, except whenever threaded studs, bolts, nuts, and washers are specified to conform to ASTM Designation: A 307, A 325, A 325M, A 449, A 563, A 563M, or F 436 and zinc coating is required, they shall be hot-dip zinc coated or mechanically zinc coated in accordance with the requirements of the ASTM Designations. Unless otherwise specified, galvanizing shall be performed after fabrication. Components of bolted assemblies shall be galvanized separately before assembly. Tapping of nuts or other internally threaded parts to be used with zinc coated bolts, anchor bars or studs shall be done after galvanizing and shall conform to the requirements for thread dimensions and overtapping allowances in ASTM Designation: A 563 or A 563M. When specified, painting of zinc coated surfaces shall be in accordance with the procedures in Section 210.1 "Paint". Galvanized surfaces that are abraded or damaged at any time after the application of the zinc coating shall be repaired by thoroughly wire brushing the damaged areas and removing all loose and cracked coating, after which the cleaned areas shall be painted with two applications of unthinned zinc-rich primer (organic vehicle type) conforming to the provisions in Section 210-3.5, "Repair of Damaged Zinc Coating." Aerosol cans shall not be used. ,, •ff Revised 6/15/17 Page 114 of 170 SECTION 212 -LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. 212-1.2.3 Commercial Fertilizer. add the following: Preplant fertilizer shall be granular commercial fertilizer 7-7-7 or approved equal. Postplant fertilizer shall be 12-4-6 or approved equal with Ca, Fe, Zn, and Mn and with the majority of nitrogen in nonammoniac form to prevent acidification of soil. Planting tablets shall be compressed fertilizer tablets with a 20-10-5 analysis. Hydroseed fertilizer shall be long-lasting, controlled-release, plastic-coated, uniform in composition, free-flowing, suitable for application with approved equipment, and shall contain the minimum available percentages of nitrogen, phosphoric acid, potash and sulfur required by tables 212-1.2.5.1(A) through 212-1-2-5-3(A). 212-1.2.4 Organic Soil Amendment. Add the following: For all types of Organic Soil Amendment mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz or San Mateo Counties shall not be used in the Work. Type 1A Organic Soil Amendment shall conform to the requirements for type 1 Organic Soil Amendment except as modified hereinafter. Type 1A Organic Soil Amendment shall be a wood or rice residual product derived from the bark of pine, white fir, or red fir or cedar or redwood shavings or rice hulls. Type 1A Organic Soil Amendment shall be manufactured from clean wood, free from clods coarse objects and rocks and shall conform to the properties shown in Table 212-1.2.4(8): Table 212-1.2.4(8) SOIL AMENDMENT PROPERTIES Minimum Maximum 1 1 Sieve 100% 100% 95% 100% 45% 65% 30% 40% 0% 10% 0% 2% 1 1 ht basis 0.08% 0% 6.0% 6.0 7.0 1 1 (1) (As Required by Table 212-1.2.4(A) SSPWC) For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the proposed amendment accompanied by an analytical analysis from a qualified agricultural laboratory certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an on-going quality assurance program that fulfills the requirements of the most recent version of the "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Certificates of compliance shall contain a statement attesting that the organic soil amendment meets the requirements of these specifications and that the testing agricultural laboratory does fulfill the requirements of "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Said submittal shall be in accordance with Section 2-5.3.3. l'\ • .., Revised 6/15/17 Page 115 of 170 212-1.2.5 Mulch for Hydraulic Method Seed Lawn Planting. Add the following: The terms Hydroseeding and Hydroseed shall be synonymous with Hydraulic for the purposes of Section 212. Disturbed Areas, Southern Willow Scrub and Riparian Scrub and Upland Transition Zone planting areas shall be mulched, fertilized and seeded using method B. Mulch shall be manufactured from virgin wood cellulose fiber mulch and shall not contain growth or germination inhibitors. When mixed with water, the mulch shall remain in uniform suspension and when blended with the seed, fertilizer, and other approved additives, shall form a homogeneous slurry. When applied, the fibers shall form a moisture absorbing membrane with adequate percolation properties sufficient to allow one hundred percent of water applied at the rate of 3.1 liters per minute per square meter (0.075 gallons per minute per square foot) onto a surface inclined at a 2: 1 (horizontal: vertical) slope to pass through the membrane. A non-phyto-toxic wetting agent shall be added to the slurry mixture. A water soluble, non-toxic green dye shall be added in sufficient quantity to clearly delineate the planted areas. When required, binder shall be added to the slurry mixture and shall be "CPA 4000", "AZTAC", "Ecology Control", "M-Binder", or approved equal. Add the following section: 212-1.2.5.1 Disturbed Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Disturbed Areas the slurry mixture shall be applied at the rates shown in Table 212-1.2.5.1(A) Table 212-1.2.5.1 (A) DISTURBED AREA MULCH FERTILIZER AND ADDITIVES Component Application Rate Qrams per sq. meter (pounds per acre) Virgin Wood Cellulose Fiber Mulch 225 (2000) Binder (1) 7 (60) Fertilizer (16-20-0) Ammonium 35 (300) Phosphate Sulfate, Plus 15% Soil Sulfur Wetting Agent Per Mfg. Recommendation Green Colorant Per Mfg. Recommendation (1) Required to be incorporated only when applied between the months of Nov. through Feb. Add the following section: 212-1.2.5.2 Southern Willow Scrub and Riparian Scrub Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Southern Willow Scrub and Riparian Scrub Areas the slurry mixture shall be applied at the rates shown in Table 212-1.2.5.2(A) l'\ •+;' Revised 6/15/17 Page 116 of 170 Table 212-1.2.5.2(A) SOUTHERN WILLOW SCRUB AND RIPARIAN SCRUB AREA MULCH FERTILIZER AND ADDITIVES Component Application Rate grams per sq. meter (pounds per acre) Virgin Wood Cellulose Fiber Mulch 225 (2000) Binder (1) 7 (60) Fertilizer (38-0-0) Urea Formaldehyde 6 (50) Fertilizer (0-45-0) Triple Super Phosphate, Plus 15% Soil 30 (250) Sulfur Wetting Agent Per Mfg. Recommendation Green Colorant Per Mfg. Recommendation (1) (Required to be incorporated only when applied between the months of Nov. through Feb.) Add the following section: 212-1.2.5.3 Riparian Scrub and Upland Transition Zone Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Riparian Scrub and Upland Transition Zone Areas the slurry mixture shall be applied at the rates shown in Table 212-1.2.5.3(A) Table 212-1.2.5.3(A) RIPARIAN SCRUB AND UPLAND TRANSITION ZONE AREA MULCH FERTILIZER AND ADDITIVES Component Application Rate grams per sq. meter (pounds per acre) Virgin Wood Cellulose Fiber Mulch 225 (2000) Stabilizing Emulsion (1) 7 (60) Fertilizer (38-0-0) Urea Formaldehyde 6 (50) Fertilizer (0-45-0) Triple Super 11 (100) Phosphate, Plus 15% Soil Sulfur Wetting Aaent Per Mfg. Recommendation Green Colorant Per Mfg. Recommendation (1) (Required to be incorporated only when applied between the months of Nov. through Feb.) Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer's specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. Add the following section: 212-1.2. 7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium sulfate (CaSQ4 H20) product -94.3 percent. 90 percent shall pass a 50-mesh screen. Control of dust during application is mandatory. Iron Sulfate shall be ferrous sulfate in pelletized or granular form containing not less than 20.0 percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent is retained on a 10-mesh screen . .,., •,;' Revised 6/15/17 Page 117 of 170 Add the following section: 212-1.2.8 Stabilizing Emulsion. Stabilizing emulsion shall be a concentrated liquid chemical that forms a plastic film upon drying and allows water and air to penetrate. The film shall be nonflammable and shall have an effective life of at least one year. Stabilizing emulsion shall be nontoxic to plant and animal life and nonthinking to concrete or painted surfaces. In the cured state the stabilizing emulsion shall not be re-emulsifiable. The material shall be registered with, and licensed by the California, Department of Food and Agriculture, as an "auxiliary soil chemical". Stabilizing emulsion shall be miscible with water at time of mixing and application. 212-1.3 Seed. Add following: The quantity of pure live seed supplied shall meet or exceed the quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by volume Seed types shall be as specified on the plans and planting legends, and shall be applied at the rates indicated. All brand-name, patented seed must be received by Contractor in original manufacturer's bag. Seed shall be received by Contractor in separate containers specifying kind, quantity, purity, and germination. Contractor shall provide the Engineer with each seed bag label used in the Work. Add the following section: 212-1.3.1 Seed for Disturbed Areas. Hydroseeding mix for Disturbed Areas (all areas excepting Southern Willow Scrub and Riparian Scrub and Upland Transition Zone seeded areas) shall consist of no less than the seed varieties shown in Table 212-1.3.1 (A). Table 212-1.3.1 (A) SEED FOR DISTURBED AREAS Seed Variety Application Rate grams per sq. meter (pounds per acre) Rose Clover 2.5 20 (1) Festuca Megalura, Zorro Fescue 2.5 20 Eschscholzia Californica 0.35 3 Achillea Millefolia 0.45 4 Alvssum (Carpet Of Snow) 0.35 3 Dimorpholeca 0.25 2 (1) Rose Clover shall be inoculated with a nitrogen fixing bacteria and be applied dry either by drilling or broadcasting immediately before hydraulic application of the remaining seed mix and mulch. Add the following section: 212-1.3.2 Seed for Southern Willow Scrub and Riparian Scrub Areas. Hydroseeding mix for the Southern Willow Scrub and Riparian Scrub area shall consist of no less than the seed varieties shown in Table 212-1.3.2(A). l'\ •+; Revised 6/15/17 Page 118 of 170 Table 212-1.3.2(A) SEED FOR SOUTHERN WILLOW SCRUB AND RIPARIAN SCRUB AREAS Seed Variety Application Rate arams oer sa. meter (oounds per acre) Ambrosia Psilostachya 0.35 3 Artemesia Douglasiana 0.35 3 Artemesia Dracunculus 0.25 2 Atriplex Patula SSP, Hastata Halberd Leaf Saltbrush 0.25 2 Encelia Californica, California Sunflower 0.25 2 Festuca Megalura, Zorro Fescue 0.25 2 lsocoma Venetus, Coastal Goldenbrush 0.45 4 Leymus Condensatus, Giant Wild Rye 0.45 4 Oenothera Hookerii, Hooker's Primrose 0.10 1 Add the following section: 212-1.3.3 Seed for Riparian Scrub and Upland Transition Zone Areas. Hydroseeding mix for the Riparian Scrub and Upland Transition Zone area shall consist of not less than the seed varieties shown in Table 212-1.3.2(A). Table 212-1.3.3(A) SEED FOR RIPARIAN SCRUB AND UPLAND TRANSITION ZONE AREAS Seed Variety Application Rate arams oer sa. meter (oounds per acre) Encelia Californica 0.45 4 Eschscholzia Californica, California Pooov 0.25 2 Festuca Meaalura, Zorro Fescue 0.25 2 lsocoma Venetus, Coastal Goldenbrush 0.45 4 Leymus Condensatus, Giant Wild Rye 0.45 4 Lotus Scoparius, Deerweed 0.45 4 Lupinus Succulentus, Arroyo Lupine 0.35 3 Phacelia Tanacetifolia 0.25 2 212-1.4.1 General. Add the following: Plants shall be the variety and size shown on the plans or in the special provisions and shall conform to the requirements of these specifications. Contractor shall notify the Engineer 48 hours before each plant delivery so that the Engineer can inspect the plants. The scientific and common names of plants herein specified shall conform to the approved names given in "A Checklist of Woody Ornamental Plants in California, Oregon and Washington" published by the University of California, Division of Agriculture Sciences, Publication 4091 (1979). Each group of plant materials delivered on site shall be labeled clearly as to species and variety. All patented plants (cultivars) required by the plant list shall be delivered with a proper plant patent attached. The Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside the County in which they are to be planted. Evidence that clearance has been obtained shall be filed with the Engineer. All plants furnished by the Contractor shall be true to type or name as shown on the plans and shall be tagged identifying the plants by species or variety; however, determination of plant species or variety will be made by the Engineer and the Engineer's decision shall be final. Plants shall be individually tagged or tagged in groups by species or variety. Carpobrotus cuttings need not be tagged. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the Engineer. Plants furnished by the Contractor shall be healthy, shapely, and well-rooted, and roots shall show ,., •ff Revised 6/15/17 Page 119 of 170 no evidence of having been restricted or deformed at any time. Plants shall be well-grown, free from insect pests and disease, and shall be grown in nurseries which have been inspected by the State Department of Food and Agriculture and have complied with the regulations thereof. The Engineer is the sole judge as to acceptability of each plant. Vigorous, healthy, well-proportioned plants are the intent of this specification. Plants which are even moderately "overgrown", or are showing signs of decline or lack of vigor, are subject to rejection. The size of the plants will be as shown on the plans. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will make no change in contract price. If the use of larger plants is approved, soil amendments shall be increased proportionately. All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected, and immediately removed from the site and replaced with new plants by the Contractor at the Contractor's expense. The Engineer reserves the right to change the species, variety, and/or sizes of plant material to be furnished, provided that the cost of such plant changes do not exceed the cost of plants in the original bid, and with the provision that the Contractor shall be notified in writing, at least 60 days before the planting operation has commenced. No plant shall be transported to the planting area that is not thoroughly wet throughout the ball of earth surrounding the roots. Any plant that, in the opinion of the Engineer, has a damaged root ball or is dry or in a wilted condition when delivered to the planting area will not be accepted, and shall be replaced by the Contractor at the Contractor's expense. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to ensure that the plants will arrive at the site of the work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Root condition of plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than 2 plants nor more than 2 percent of the total number of plants of each species or variety, except when container-grown plants are from several sources, the roots of not less than 2 plants of each species or variety from each source will be inspected by the Engineer. In case the sample plants inspected are found to be defective, the Agency reserves the right to reject the entire lot or lots of plants represented by the defective samples. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will not be paid for. The Contractor shall notify the Engineer when plants are to be shipped to the project site. The notification shall be given not less than 10 days prior to the actual shipment date. Carpobrotus cuttings shall be 250 mm (1 0") or more in length and shall not be rooted. Delosperma cuttings shall be 150 mm (6") or more in length and shall not be rooted. Cuttings shall be tip cuttings from healthy, vigorous and strong-growing plants and shall be insect and disease free. Mature or brown-colored stem growths or cuttings which have been trimmed will not be accepted. Cuttings shall be planted not more than 2 days after cutting and shall not be allowed to dry or wither. Carpobrotus cuttings shall not be taken from any plants that indicate the presence of ice plant scale (Pulvinaria species). The Contractor shall notify the Engineer of the location where cuttings are to be taken at least 1 0 days prior to taking the cuttings and shall be responsible for all permit and inspection fees involved ,, •+;' Revised 6/15/17 Page 120 of 170 in obtaining cuttings. 212-1.5.3 Tree Stakes. Modify as follows: Tree stakes shall be 50mm (2") diameter turned lodgepole pine, pointed on their driven end. Add the following section: 212-1.6 Erosion Control Matting. Erosion control matting shall be made of 100-percent- biodegradable, weed-free wheat straw of thickness and density yielding 270 grams per square meter (0.50 lb./sy) with photodegradable polypropylene netting with a density of 0.89 grams per square meter (1.64 lb/1000 sy) having an approximate mesh interval of 50 mm x 50 mm (2" x 2") on each face of the straw mat. The straw mat shall be sewn together with unidirectional lines of cotton or polypropylene thread spaced approximately 50 mm (2") apart. Erosion control matting shall be "North American Green, DS150", "BonTerra S2", or approved equal. Add the following section: 212-1. 7 Erosion Control Mat Staples. Erosion control mat staples shall be 25 mm x 150 mm (1" x 6"), U-shaped 11-gauge mild steel staples. Add the following section: 212-1.8 Root Barriers. Root barriers shall be no less than 1 m (39") in width. Root barriers shall be "Biobarrier", as manufactured by Reemay, Inc., 70 Old Hickory Boulevard, Old Hickory, TN 97138, Phone 615-847-7000, no substitutes will be accepted. 212-2 IRRIGATION SYSTEM MATERIALS. 212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings, add the following: Except as provided in this section, all buried piping in the irrigation system shall be installed with underground utility marking tape conforming to the requirements of section 207-21 and identifying it as reclaimed water. Intermittent pressure lines (lines on the downstream side of a controller valve that will not be subject to constant pressure) will not require underground utility marking tape. All PVC pipe used for irrigation systems shall be colored purple by the addition of a dye integral to the PVC. Painted pipe will not be accepted. Pressure mainline piping for sizes 50 mm (2") and larger shall be PVC having a pressure rating of 2170 kPa (315 PSI), S.D.R. 13.5. Stenciled pipe is required for all irrigation system piping including portions not required to be marked with underground utility marking tape. All pipe shall have stenciling appearing on both sides of the pipe with the marking "Reclaimed Water" in 16 mm (5/a") high letters repeated every 300 mm (12"). PVC non-pressure buried lateral line piping shall be PVC Schedule 40. Add the following section: 212-2.1.7 Brass Pipe and Fittings. Brass pipe shall be IPS standard weight 125 LB 85 percent copper and 15 percent zinc, trade designation seamless red brass pipe conforming to the requirements of ASTM B43-91. Brass pipe fittings and connections shall be Standard 125 LB class 85 percent red brass fittings and connections. 212-2.2.7 Valve Boxes. Add the following: All valve boxes shall be marked "RCV", "BV" or "QC", "PB" respectively. Remote control valves shall be marked with station numbers embossed on the valve cover with a brass tag. (RCV boxes shall have locking covers.) Other boxes such as pull boxes, etc., shall be marked with appropriate identification. Add the following section: l'\ •+;' Revised 6/15/17 Page 121 of 170 212-2.2.8 Ball Valves. Ball valves shall have bottom-loaded pressure-retaining stems, glass- reinforced seats, and reinforced TFE stem packing seals. Valves sizes 13 mm (½") to 50 mm (2") shall be pressure rated at 4140 kPa (600 PSI) WOG and 1030 kPa (150-PSI) saturated steam. Each valve shall be tested, air under water, in the opened and closed position by the manufacturer. Ball valve must conform to Federal Specification WW-V-35B, Type II, Class A, Style 3, End Connection A or C. Add the following section: 212-2.2.9 Pressure Regulator Valve. Pressure regulator valve shall be bronze body with screw fitting. Add the following section: 212-2.2.9 Wye Strainers. Wye strainers shall have a cast iron or all-bronze body with a removable stainless steel or monel strainer. Wye strainers shall be capable of withstanding a cold water working pressure of 1034 kPa (150 psi). Wye strainers at backflow preventer assemblies shall be equipped with a gate valve at the outlet. All other wye strainers shall be equipped with a garden valve at the outlet. The strainer screen for the wye strainer in a backflow preventer assembly shall have an open area equal to at least 3 times the cross-sectional area of the pipe based on an iron pipe size and shall be woven wire fabric with 850-µm mesh or perforated sheet with 1.14 mm (0.045") diameter holes. All other wye strainers shall be equipped with 425-µm strainer screens. 212-2.4 Sprinkler Equipment. Add the following: All sprinkler heads are to have factory built-in check valves or a check valve under each head. Drip assemblies shall meet the following requirements: The drip emitter shall be Pepco Quadra or Rain bird XERI-Bird-8 or approved equal as called on drawings, with four ports. Drip tubing for emitter outlets shall be Rain bird (RBT-160V), Salce, or approved equal. Drip tubing stakes shall be Rainbird No. RS-13, Salce, or approved equal. Bug cap for drip tubing shall be manufactured by Rainbird, Pepco, or approved equal. The drip pressure regulator shall be Rain bird, Netafim PVR, or approved equal. Drip emitter filter shall be Amiad, Rainbird, or approved equal. Drip emitter access boxes shall be Rainbird No. SEB-6X, Salce Subterranean Emitter Box, or approved equal. Check valves shall be of heavy-duty virgin PVC construction with FIP thread inlet and outlet. Internal parts shall be stainless steel and neoprene. Antidrain valves shall be field adjustable against drain out from 1.5 m to 12 m (5' to 40') of head. All sprinkler heads that are without valves in the heads are to have an antidrain valve feature and shall have an excess flow feature, which will automatically stop the flow of water when it exceeds the GPM preset by the manufacturer. Check valves shall be King Bros., Rainbird, or approved equal. 212-2.3 Backflow Preventer Assembly. Add the following: Backflow preventers shall be one of the approved reduced pressure principle devices listed by the California Department of Health Services, Division of Drinking Water and Environmental Management, 601 North 7th Street, Mailing Station (MS) 92, P.O. Box 942732, Sacramento, CA 94234-7320. l'\ •ff Revised 6/15/17 Page 122 of 170 Backflow preventers shall be factory assembled and shall include 2 check valves, one pressure differential relief valve, 2 shut-off valves and 4 test cocks. Backflow preventer and valves shall be the same size as the pipeline in which they are installed, unless otherwise shown on the plans. Backflow preventer shut-off valves shall be manufactured from iron or bronze and shall be either resilient wedged gate valves, resilient seated and fully ported ball valves, or resilient seated butterfly valves. Threaded type shut-off valves shall be provided with a union on one side of each valve. Unions shall be brass or malleable iron. Add the following section: 212-2.4.1 Additional Equipment. Contractor shall provide the following items to the Engineer: 1. Two control valve keys. 2. Two wrenches for removing each different type of sprinkler head. 3. Two quick coupler keys. The keys and hose ells shall be of the same manufacturer as 4. the coupling valve. 5. Five keys for opening and locking each automatic controller and enclosure. Add the following section: 212-2.5 Flexible Hose.-Flexible hose shall be nonrigid polyvinyl chloride (nonrigid PVC) hose conforming to the specifications of ASTM Designation: D 2287, Cell-type 6464500. Wall thicknesses of nonrigid PVC hose shall conform to Table 212-2.5(A) when determined in accordance with ASTM Designation: D 2122. Hose Size-Nominal (Millimeters) (Inches) 15 51a 20 ¾ 25 1 TABLE 212-2.S(A) FLEXIBLE HOSE Minimum Wall Thickness* (Millimeters) (Inches) 3.73 0.147 3.91 0.154 4.55 0.179 *as measured at any point on the cross section. Range (Percent) 12 12 12 The hose shall provide leak-free, non-separating connections suitable for the purpose intended when connected to the fittings specified herein. Fittings for flexible hose shall be injection molded PVC, Schedule 40, conforming to the specifications of ASTM Designation: D 2466. Fittings shall be solvent cemented type. Solvent cement for flexible hose and fittings shall be of commercial quality specifically manufactured for use with nonrigid PVC hose. Primer for flexible hose fittings shall be the same as specified for plastic pipe supply line fittings. 212-3 ELECTRICAL MATERIALS. 212-3.1 General. Add the following: All electrical materials shall conform to the requirements of the 1996 National Electrical Code. 212-3.2.2 Conductors. Add the following: Low voltage electric wiring running from controller to the automatic control valves shall be no smaller than No. 14 solid single conductor, copper wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial), or equal, color code wires to each valve. Neutral wires shall be white, no smaller than No. 12 solid single conductor wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial). l'\ • ., Revised 6/15/17 Page 123 of 170 212-3.3 Controller Unit. Add the following: All controllers shall be grounded by one 19 mm (5/8") diameter by 3 m (1 O') long stainless steel grounding rod and a 50-ohm resistance lightning arrestor. Add the following section. 212-3.4 Irrigation Electrical Service Equipment and Enclosures. equipment shall incorporate the following elements: Electrical service 1. One 100-amp, 120/240-volt, single-phase load center, as approved by the Engineer; 2. One 100-amp rated commercial meter socket suitable for the San Diego Gas and Electric Company meter, with provision for test block bypass having a UL listing and EUSERC approval; 3. One 15-amp circuit breaker for each irrigation controller energized by the service; 4. One 20-amp circuit breaker for the duplex receptacle. 5. The design, assembly, grounding, wiring, and components of the irrigation electrical service equipment and enclosure shall meet the requirements of the 1996 edition of the National Electrical Code. 6. Electrical service equipment shall be enclosed in a cabinet constructed entirely of 14-gage, or heavier, 304 stainless steel. The cabinet shall be of welded construction with a brushed finish; anchoring points shall be inside the enclosure. 7. The cabinet shall be HYDROSAFE Model No. HS9, Strong Box, or approved equal. 8. The cabinet shall have a 304 stainless steel interior bulkhead separating the 120/240-volt electrical service section from the irrigation controller section. 9. No wood components shall be used in the enclosure. 10. Each section of the cabinet shall have full front opening doors with piano hinges, integral keylock and hasp and staple, or other provision, for padlock. 11. The cabinet shall be provided with cross-flow ventilation. Ventilation openings shall be located and designed to preclude rain, irrigation splash, vermin, and insects from entering the cabinet. 12. The controller side door shall have provision for mounting control schematics without the use of adhesives or fasteners. The service side door shall have a clear acrylic plastic window to allow the electrical meter to be read. 13. The cabinet shall have a duplex 15-amp, 120-volt receptacle with ground fault interrupter protection mounted on the interior service side. 14. Concrete footings and pads supporting the Electrical service equipment shall be 560-C- 3250 and shall be no less than 150 mm (6") thick. 15. Anchor bolts to secure the service equipment to the concrete pad shall be 10 mm (3'8") diameter by 150 mm (6") long hot dip galvanized or stainless steel headed bolts with washers, without sleeves, conforming to section 304-1.7. Anchor bolts to secure the service equipment to the concrete pad shall be embedded in the concrete slab between 65 mm and 100 mm (2½" and 4"). ,, •+; Revised 6/15/17 Page 124 of 170 SECTION 213 -ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) Table 213-2.1 (A) GEOTEXTILE APPLICATIONS Aoolication of Geotextile Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aaareqate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainaqe at the Interface of Soil Structures Drainaqe at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg(¼ Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg(¼ Ton) Plant Protection Coverinq Erosion Control Fence with 14 AWG -150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing Add the following section: 213-3 EROSION CONTROL SPECIAL TIES. Add the following section: Type Desianation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N 90WS 200WS 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 lbs) of 19 mm (¾") crushed rock and securely tied closed. Plastic bags are not acceptable. SECTION 214 PAVEMENT MARKERS 214-5 REFLECTIVE PAVEMENT MARKERS Add the following section: 214-5.1 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 214-5.1 (A), or equal thereto. l'\ • ., Revised 6/15/17 Page 125 of 170 TABLE 214-5.1 (A) TEMPORARY REFLECTIVE PAVEMENT MARKERS Type Manufacturer of Distributor TOM-Temporary Overlay Davidson Traffic Control Products, 3110 70th Avenue East, Tacoma, Markers WA 98424, 877 335-4638 Add the following section: 14-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface- mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto. Type Safe-Hit SH336SMA Carsonite "Super Duck" SDR3036 Repo "The Replaceable Post" TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Manufacturer of Distributor Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100 Chicago, IL 60602 (800) 537-8958 Carsonite Composites, LLC 605 Bob Gifford Boulevard Early Branch, SC 29916 (800) 648-7916 Western Highway Products 10680 Fern Avenue Stanton, CA 90680 (800) 854-3360 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective 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 the approved quality control program. SECTION 215 -FENCING Add the following section: 215-1 ENVIRONMENTAL FENCING Add the following section: 215-1.1 Materials. Environmental fence shall be minimum 4' high, orange colored plastic construction fencing installed prior to performing any work. Environmental fence shall be l'\ •+' Revised 6/15/17 Page 126 of 170 constructed of non-toxic, non-conductive polyethylene capable of withstanding temperatures from -58F degrees to 194F degrees. Color shall be non-fading. Posts shall be 6'-6" long, shall be spaced no more than 10'-0" apart and buried portion shall be no less than 2'-6" deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose intended, as determined by the Engineer. Materials may be commercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be either metal or wood at the Contractor's option. Galvanizing and painting of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete footings for metal posts will not be required. l'\ • ., Revised 6/15/17 Page 127 of 170 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 -EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials. add the following: Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment. modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1 ') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. ,, • ., Revised 6/15/17 Page 128 of 170 300-2.2.1 General. add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General. add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. l'\ • ., Revised 6/15/17 Page 129 of 170 Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300-2.2.1. 300-2.5 Slopes. add the following: The hinge points (the top and bottom) of slopes shall be located within 75 mm (0.25') of the locations shown on the plans. 300-2.5 Slopes. add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.8 Measurement. delete the second paragraph relating to materials removed from stockpiles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation or those for removal and recompaction of alluvial and colluvial materials or those for materials excavated to improve the stability of cuts, whichever is lower in elevation. No excavated material which is re-excavated will be measured for payment. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. l'\ •+;' Revised 6/15/17 Page 130 of 170 300-2.8 Measurement. delete the second paragraph relating to materials removed from stockpiles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation. No excavated material which is re-excavated will be measured for payment. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. The measurement of work performed under sections 300-2.2.1 and 300-2.2.2, 300- 2.2.3 and 300-2.2.4 when the Engineer determines that the soils are unsuitable shall be the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications. 300-2.9 Payment. add the following: Payment for work performed under sections 300-2.2.1, 300-2.2.2, 300-2.2.3 and 300-2.2.4, when the Engineer determines that the soils are unsuitable, shall be made for the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications . . , \i;, Revised 6/15/17 Page 131 of 170 300-2.9 Payment substitute the following: Payment for Unclassified Excavation will be made at the unit price bid in the proposal. Only the quantity of unclassified excavation measured shall be paid for. No excavated material which is re-excavated will be paid for. For progress payments, the quantity of unclassified excavation shall be estimated by the Engineer . The Engineer's calculations shall be considered the definitive determinant for quantities for final payment. All topographic surveying and calculations necessary to quantify payment quantities for Unclassified Excavation shall be performed by the Engineer. A local spoil site (auxiliary site) is provided as shown on (sheet NN drawing NNN-N, included in the project plans) OR (exhibit 'XX' appended to these specifications) (SHEET AND DRAWING NUMBERS OR EXHIBIT DESIGNATION). Compensation for permanent stockpiling of material at the site shown on (sheet NN drawing NNN-N, included in the project plans) OR (exhibit 'XX' appended to these specifications) (SHEET AND DRAWING NUMBERS OR EXHIBIT DESIGNATION) will be included in the unit price bid for Unclassified Excavation. No separate or additional payment will be made for depositing, removing, performing erosion control for, maintaining or repairing the stockpile will be made. Shaping the stockpile to final grades and in accordance with the requirements herein and as shown on the plans shall be included in the payment for unclassified excavation. (If this provision applies the information will be provided at Job Order time). Payment for Unclassified Excavation shall include costs of surveying, staking, preparation of earthwork quantity reports, placement, compaction, soil remediation, moisture adjustment and water therefore, rework of compressible soils, slope rounding, grading, stockpiling, access road, temporary detour roads, earthen swales and drainage channels as shown on the drawings or required by the contract documents. 300-2.9 Payment. substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections. Unclassified fill, slope rounding, all work incidental to Section 300-4. 8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. When required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it in its final position will also be paid for at the Contract Lump Sump Price for unclassified excavation and no additional compensation will be allowed therefore. {'\ •fl' Revised 6/15/17 Page 132 of 170 Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1 ') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General. add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer 300-3.6 Payment. add the following: Dewatering shall be paid for as an incidental to (structure excavation and backfill/unclassified excavation)(lnformation will be provided at Job Order time) and no additional compensation will be made therefore. Except for unsuitable materials removed as part of the clearing and grubbing item unsuitable material encountered below grade will be paid for at the (unit) (lump sum) price bid for (structure excavation and backfill/unclassified excavation). 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas. add the following: Except as provided in section 300-4.7, "Compaction", areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91. 300-4.4 Benching. add the following: Benching shall conform to The (City of Carlsbad Supplemental Standard Drawing XX-XX) (details shown on the plans at Job Order time). ,, • ., Revised 6/15/17 Page 133 of 170 300-4.5 Placing Materials for Fills. add the following: The Contractor shall perform grading such that the upper 900 mm (3') of fill placed in the roadway pavement area is composed of properly compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18-2 as published by the International Conference of Building Officials. Should insufficient soils meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils of the least expansion index that are available within the limits of work shall be incorporated in the upper 900 mm (3') of fill placed in the roadway. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter shall not be placed in the upper 900 mm (3') of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock. 300-4.6 Application of Water. add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557-91. 300-4.7 Compaction. add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6") shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.8 Slopes. add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep's foot roller at vertical intervals no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion. 300-4.9 Measurement and Payment. delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, "Unclassified Fill" will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. l'\ •+;' Revised 6/15/17 Page 134 of 170 300-5 BORROW EXCAVATION. Add the following section: 300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of the requirements in Table 300-5.2.1 (A) and the following requirements. Rock included in the top 1 m (3') of imported borrow shall be particles of less than 75 mm (3"). Rock included below the top 1 m (3') of imported borrow shall be particles of less than 150 mm (6"). Tests R-Value Expansion Index Plasticity Index Sieve Analysis TABLE 300-5.2.1 (A) IMPORTED BORROW PROPERTIES Test Method No. Calif. 301 UBC Standard 18-2 ASTM D 424 Requirements 40 Min. 10 Max. 4 Max. ASTM D 422 Percent Passing 75µ (No. 200) 15 Max. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", January 2003 edition as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", January 2003 edition on the project site and shall conduct its operations in conformity to said Handbook. ,, •,r Revised 6/15/17 Page 135 of 170 Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods . b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. Add the following section: 300-9.3 Temporary Marsh Protection. The Contractor shall protect all marshlands where shown on the plans, within the limits of work and/or in all construction easements by laying geotextile and adding a layer of soil over the cloth. The soil shall come from the adjacent areas to be disturbed. The willow scrub in the construction easement shall be cut down to just above soil height. The cut materials shall be mulched placed according to the revegetation plan. Geotextile shall then be placed over the wetland. The Contractor shall flag, prior to construction and placement of geotextile, the outer limits of the construction easement with fluorescent tape to avoid additional wetland impacts. The Contractor shall take care to keep the soil within the construction easement and shall remediate all damages caused by soil that is deposited outside said limits or easement, remove all soil so deposited and clean all facilities or vegetation that has such soil deposited on or in them. Add the following section: 300-9.3.1 Payment. Temporary marsh protection will be paid for at the contract price bid per lump sum and shall include full compensation for furnishing and installing planting, irrigation, and erosion control measures. ,, •+' Revised 6/15/17 Page 136 of 170 300-11 STONEWORK FOR EROSION CONTROL. 300-11.4 Payment. delete and replace as follows: Rock protection will be paid for at the lump sum contract Price Bid for rock protection, complete and in place, in accordance with the details and requirements of the plans and specifications. 300-12 ROCK SLOPE PROTECTION FABRIC. Add the following section: 300-12.1 Preparation of Subgrade. Prior to placing rock slope protection fabric the Contractor shall clear the surfaces upon or against which rock slope protection fabric is to be placed of loose or extraneous material and sharp objects that may damage the fabric during installation. Equipment or vehicles shall not be operated or driven directly on the rock slope protection fabric. Rock slope protection fabric damaged during placement shall be replaced or repaired by the Contractor at its expense as directed by the Engineer. Add the following section: 300-12.2 Placement. The Contractor shall place rock slope protection fabric prior to placing rock slope protection. The Contractor shall grade surfaces to be covered by rock slope protection so as to provide full support for the fabric. Rock slope protection fabric shall conform to the provisions in Section 213-2, "Geotextiles," and shall be placed by the Contractor in accordance with the details shown on the plans and as specified herein. The Contractor shall handle rock slope protection fabric with care that it is not torn or stretched and place it in accordance with the manufacturer's recommendations, these specifications and as directed by the Engineer. The Contractor shall place and fit rock slope protection fabric loosely upon or against the surface to receive the fabric so that the fabric conforms to the surface without damage when the cover material is placed. Rock slope protection fabrics shall be joined, at the option of the Contractor, either with overlapped joints or stitched seams. When fabric is joined with overlapped joints, all adjacent borders of the fabric shall be overlapped not less than 610 mm (24"). The fabric shall be placed such that the fabric being placed shall overlap the adjacent section of fabric in the direction the cover material is being placed. When the fabric is joined by stitched seams, the fabric shall be stitched with yarn of a contrasting color. The size and composition of the yarn shall be as recommended by the fabric manufacturer. The number of stitches per 25 mm (1") of seam shall be 6 ± 1. The strength of stitched seams shall be the same as specified for the fabric, except when stitched seams are oriented up and down a slope the strength shall be a minimum of 80 percent of that specified for the fabric. Fabric damaged beyond repair, as determined by the Engineer, shall be replaced by the Contractor and no additional payment will be made therefore. Repairing damaged fabric shall consist of placing new fabric over the damaged area. The minimum fabric overlap from the edge of the damaged area shall be 1 m (3') for overlap joints. If the new fabric joints at the damaged areas are joined by stitching, the stitched joints shall conform to the requirements specified herein. Damaged fabric that is suitable for repair, as determined by the Engineer, shall be repaired by the Contractor and no additional payment will be made therefore . . , \i+;' Revised 6/15/17 Page 137 of 170 Add the following section: 300.12.3 Measurement and Payment. Payment for rock slope protection fabric will be included in the unit and/or lump sum prices for items which have said fabric in their design and no additional payment will be made therefore or Measurement and payment for rock slope protection fabric shall conform to the requirements of section 300-8.1.2 (Information will be provided at Job Order). 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. ,, •,;' Revised 6/15/17 Page 138 of 170 The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document is available for review in Appendix 8. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations. {'\ • ., Revised 6/15/17 Page 139 of 170 Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. Add the following section: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days · prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. ,., •ti' Revised 6/15/17 Page 140 of 170 During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1. 7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 -ROADWAY SURFACING Add the following: The Contractor shall be responsible for tree trimming along the curb line as noted in Section 300-1 Clearing and Grubbing -so as to provide a clear travel way during the construction of the roadway resurfacing. The Contractor shall treat all vegetation within the limits of the paved area to be surfaced with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to surfacing the street. Allowance for the two day period shall be shown in the schedule required per section 6-1. Payment for pavement surfacing shall include tree trimming and post emergent herbicide treatment of the areas to be surfaced and no extra payment will be made therefore . . , \i;;' Revised 6/15/17 Page 141 of 170 Public Convenience and Traffic Control. 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. At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all property addresses within 500' of the work. Obtaining the appropriate addresses shall be the contractor's responsibility. Letters shall be as shown in bold type as follows, with the appropriate information specific to the work inserted at the locations indicated in the brackets and italicized. ,, • ., Revised 6/15/17 Page 142 of 170 (Date) (Name of Contractor, (Address of Contractor, ( Contracto~s License Number, As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be (insert type of resurfacing), beginning in two or three weeks. This process requires that your street be closed for (X hours) starting at 7:00 a.m. and continuing until the Contractor removes the traffic control devices. You will be notified 72 hours in advance of the day your street will be closed by 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. A successful street maintenance program depends on your cooperation. Please do not drive, walk, play, skate or allow pets on the street until it is opened by the Contractor. Furthermore, please do not wash your car or turn on any sprinklers while you are waiting. If you don't plan to leave your home before 7:00 a.m. on the day your street will be surfaced, and you need to use your vehicle later in the day, please park your car on an adjacent street in your neighborhood that is not signed as a no parking zone. When walking to and from your car, remember not to walk on the newly surfaced street or you may have black residue on the bottom of your shoes. The residue may damage some surfaces, may mark surfaces that you track it on, and may be very difficult to remove. (Name of Contractor, is the Contractor that will be performing the resurfacing work for the City and you may call them at (24 hour per day attended telephone number in the 760 area code) for any questions you may have about the project. On the day your street is surfaced mail delivery may be delayed until the next day. You will not know the exact date your street will be closed until you receive the 3 ½" x 8 ½" card. If you have a moving company scheduled to come to your house within the next two weeks, please call and inform the Contractor of the date. If you have any concerns which are not addressed by the Contractor, please call the City's Engineering Inspection Department at 602-2780. They will assist you in resolving the concerns. The City of Carlsbad has some of the finest streets in the county due to the concern and cooperation of citizens like you. Your cooperation is greatly appreciated." l'\ _,, Revised 6/15/17 Page 143 of 170 During operations, the Contractor's schedule for resurfacing shall be designed to provide residents and business owners sufficient paved parking within an 800 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 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 Contractor shall deliver the notification 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 submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For door hangers, 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. The precut notices shall be as shown on the example provided in Appendix "A", with the day of the week circled and appropriate information specific to the work inserted at the locations indicated in the italicized font. 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. 302-5 ASPHALT CONCRETE PAVEMENT. Add the following: 302-5.2 Pavement Transitions. 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 306-1.5.1. 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. 302-5.5 Distribution and Spreading. modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30') 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 during all paving operations if required per the Job Order. Delete the second sentence of paragraph 7 and the subsequent subsections A. thru E. which ,, • .., Revised 6/15/17 Page 144 of 170 reference windrow operations. Add the following sentence in place of the deleted sentence and subsequent subsections: The use of windrow operations shall not be allowed. 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. modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.8 Manholes (and other structures). delete the first paragraph and replace with the following: When placing the overlay the Contractor shall pave over appurtenances in the roadway which includes sanitary and storm access covers, water valve boxes, air vents, sewer dead end boxes and survey monument boxes. Each appurtenance shall be treated or covered to prevent adhesion of the overlay. Each appurtenance shall be located immediately after the overlay is placed and shall be thoroughly cleaned of any and all construction debris which may have entered due to the Contractor's operation. The contractor shall adjust all CMWD water valve boxes per CMWD Standard Drawing No. W11 or CMWD Standard Drawing No. W13. All City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. S 1. All storm sewer access covers shall be adjusted per SDRSD D-10. Riser rings or extensions shall not be used for the adjustment of these appurtenances. Raising and adjusting to grade all 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 and plans. 302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat or sand blotter. Add the following section: 302-11 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section. 302-11.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction of existing subgrade in conformance with section 301-1, grading and compaction of base material in conformance with section 301-2, application of grade SS-1 h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein Add the following section. 302-11.2 Full Depth Asphalt Concrete Patch. Full depth asphalt concrete patch shall consist of removing asphalt concrete and/or aggregate base/subgrade to 300 mm (1 ') below existing asphalt surface and placing replacing the material so removed with asphalt concrete. The area shown on the plans or set forth in the bid item are for estimating purposes only, final quantity will be as measured in the field. The Engineer will designate and mark the final limits of the asphalt patch area by outlining the area to be patched. The Contractor shall cut such areas to straight lines in square or rectangular areas as marked. The area so cut shall have two of the sides at right angles to the direction of traffic. The excavated faces of the base/subgrade shall be straight and vertical. The Contractor shall compact the upper 300mm (1 ') of subgrade to 95% relative compaction. A tack coat of SS-1 h emulsified asphalt shall be applied uniformly to all asphalt to l'. • ., Revised 6/15/17 Page 145 of 170 asphalt contact surfaces at a rate of 0.25 L/m2 to 0.45 L/m 2 (0. 05 to 0.1 0gallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill and compact areas designated to be removed with 300 mm (1.0') full depth asphalt concrete. Asphalt concrete for full depth asphalt concrete patch shall be B-AR-4000. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 SSPWC. Add the following section. 302-11.3 Crack Sealing The Contractor shall wash, blow out and thoroughly dry all cracks designated to be sealed before installing hot poured rubber-asphalt joint sealant material. The sealant shall conform to the requirements of ASTM D1190. The Contractor shall dispose debris from crack cleaning outside the public way in accordance with Section 7-8.1, "Cleanup and Dust Control." The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot-melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 4°C (40°F). Containers of hot- melt sealant shall be delivered to the job-site in unopened containers that are clearly marked with data showing the manufacturer's name, the product designation and the manufacturer's batch number and lot numbers. The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant shall be removed from the crack with a minimum overlap onto adjacent pavement. Add the following section: 302-11.4. Measurement and Payment. Quantities of full depth asphalt concrete patch and crack sealing set forth in the bid item are for estimating purposes only, final quantity will be as designated and measured in the field. The Engineer will designate and mark the limits of the Full depth asphalt concrete patch and crack sealant application areas. Payment for resurfacing shall include post emergent herbicide treatment. Full compensation for conforming to the requirements of constructing full depth asphalt concrete patch shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work including, saw cutting and removing and disposing 300 mm (1 ') thick section of existing asphalt concrete, aggregate base/subbase and basement soil as designated by the engineer, placement of asphalt concrete, compaction of subbase and asphalt concrete, placement of SS-1 h asphalt emulsion and all other work incidental to full depth asphalt concrete patch shall be considered as included in the contract unit price bid for full depth asphalt concrete patch and no additional compensation will be allowed therefore. Full compensation for conforming to the requirements of crack sealing shall include but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to do the work. Crack cleaning, roadway clean up, application of sealant, removal of excess sealant and all other work incidental to crack sealing shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefore. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 303-1.6.2 Falsework Design. add the following: The Contractor shall provide all temporary bracing necessary to withstand all imposed loads during erection, construction, and removal of any falsework. The Contractor shall provide falsework drawings and calculations prepared by a registered professional engineer, civil or structural, that show provisions for resolution of all loads that may be imposed upon the falsework. Such plans and calculations shall include: 1. Resolution of all live, dead, wind, construction and impact loads that may be imposed on the ,., •+' Revised 6/15/17 Page 146 of 170 falsework. 2. Temporary bracing or methods to be used during each phase of erection and removal of the falsework. 3. Concrete placement sequence. 4. Erection and removal sequence. 5. Deflection values for the falsework that include recommended methods to compensate for falsework deflections, vertical alignment, and anticipated falsework deflection. 6. Falsework shall be designed, submitted, constructed, and removed in accordance with Caltrans Standard Specification Section 51. Add the following section: 303-1.9.5 Surface Finish for Concrete Spillway. The Contractor shall provide a surface finish for concrete spillway to prevent the use of rollerblades, skateboards, and other rolling devices. Surface finish shall be a rough rake finish approved by the Engineer. 303-2 AIR-PLACED CONCRETE. 303-2.1.1 General. add the following: Modify Regional Standard Drawing D-75 as follows: replace stucco netting with 150mm x 150mm (6" x 6") by No. 10 by No. 10 welded wire mesh. Add the following section: 303-5 CONCRETE CURBS, WALKS, GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. CROSS GUTTERS, 303-5.5.2 Curb. add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face Markin s T e of under round facilities Water Service Lateral Sewer Service Lateral lrri ation Water Lateral or Sleeve Markin w s RW 303-5.9 Measurement and Payment. add the following: Curb and gutter, and curb, shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. 303-6 STAMPED CONCRETE. 303-6.1 General. Add the following: Concrete shall be 560-C-3250 with 6"x6" -10 guage wire mesh throughout. Add the following: 303-6.5 XXXX Medians-Use color application method "B" (integral color). Color shall be per Section 201-1.2.4(a). The pattern shall be xxx pattern or approved equal. The pattern shall match the existing median condition adjacent to the prposed construction along xxxx Street (Information will be provided at Job Order). (' 4/i Revised 6/15/17 Page 147 of 170 Add the following: 303-6.6 Measurement and Payment. Payment for colored, stamped concrete paving shall be paid under the contract unit price bid per square foot for median concrete paving. Said payment shall include compensation for all excavation, grading, backfill, permeable material, forming, mesh, reinforcing steel, concrete, integral color, texture sealers, and other material necessary to construct the specific paving. SECTION 304 -METAL FABRICATION AND CONSTRUCTION 304-3 CHAIN LINK FENCE. 304-3.2 Fence Construction. add the following: Information shall be supplied at Job Order. 304-3.3 Installation of Gates. add the following: Information shall be supplied at Job Order. SECTION 306 -UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS Add the following section: 306-1.1. 7 Steel Plate Bridging -With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. Add the following section: 306-1.1. 7 .1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approved by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: PS= [ADT + EWL +DAYS+ 10 X WEEKEND+ 5 X NIGHTS+ 20 X WEATHER+ SPEED (kmh) + SLOPE X 100] X LANES 1000 8 PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (mph) + SLOPE X 100] X LANES 1000 5 where: PS ADT = plate score. = average daily traffic as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. ,., • ., Revised 6/15/17 Page 148 of 170 EWL = equivalent wheel loads as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. DAYS = total number of 24-hour periods during which the plates will be utilized at the site being considered. WEEKEND = total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. NIGHTS = total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. WEATHER = total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. SPEED = the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions. SLOPE = the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50') up and downstream of the position of the proposed steel plate bridging. LANES = the number of lanes where plates will be used. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1. 7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2- 5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1.5. Add the following section: 306-1.1. 7 .3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified hereinbefore. b) Steel plates used for bridging must extend a minimum of 610 mm (2') beyond the edges of the trench. c) Steel plate bridging shall be installed to operate with minimum noise. {"\ •+; Revised 6/15/17 Page 149 of 170 When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use. Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1") and shall be filled with elastomeric sealant material which may, at the contractor's option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(8) and 203-5.3(A) . Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2") shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6") of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12" x ¾") steel bolts placed through the plate and driven into holes drilled 300 mm (12") into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12") taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor's option, the methods required for Method 1 may be used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. Add the following section: 306-1.1.7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table 306-1.1.7.4(A) TABLE 306-1.1. 7 .4(A) REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH Maximum Trench Width (1l Minimum Plate Thickness 0.3 m (10") 13 mm (½") 0.6 m (23") 19 mm (¾") 0.8 m (31") 22 mm (7/a") 1.0 m (41") 25 mm (1") 1.6 m (63") 32 mm (1 ¼") (1) For spans greater than 1.6 m (5'), a structural design shall be prepared by a registered civil engineer and submitted to the Engineer for review and approval in accordance with section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CAL TRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CAL TRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-1.1. 7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping ,, •+;' Revised 6/15/17 Page 150 of 170 and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.2.1 Bedding. All installation of, and bedding for recycled water, or potable water mains shall conform to Carlsbad Municipal Water District Rules and Regulations for the Construction of (Potable or Reclaimed) Water Mains, latest edition. 306.1.2.2 Pipe Laying. 306-1.2.4 Field Jointing of Reinforced Concrete Pipe. add the following: The Contractor shall provide Gasket-type joints for reinforced concrete pipe (watertight joints) where indicated on plans. 306-1.3.1 General. add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9" x 3") above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. 306-1.3.4 Compaction Requirements. delete Section 306-1.3.4 and replace with the following: The Contractor shall density trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent. 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1, "Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. 306-1.6 Basis of Payment for Open Trench Installation. add the following: Payment for utilities undergrounding which includes the utility trench for CA TV and SDG&E and conduit for SDG&E's electric conversion shall be made on the basis of contract lump sum price for utilities undergrounding and no other payments will be made. Cox Cable will supply and deliver conduits and fittings to be installed by the Contractor. Cox Cable will install enclosures. The Contractor will furnish and install 6.4 mm (¼") nylon pull ropes in all conduit. 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless {'\ •tr Revised 6/15/17 Page 151 of 170 otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. SECTION 307 -STREET LIGHTING AND TRAFFIC SIGNALS 307 STREET LIGHTING AND TRAFFIC SIGNALS. Modify as follows: Section 86, "Signals, Lighting and Electrical Systems", of the Caltrans Standard Specifications replaces Section 209, "Electrical Components", and Section 307, "Street Lighting and Traffic Signals", of the SSPWC, in all matters pertaining to the specifications for measurement, payment, warranty, materials and methods of construction of street lighting and traffic signals. SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 308-2 EARTHWORK AND TOPSOIL PLACEMENT 308-2.3.2 Fertilization and Conditioning Procedures. add the following: The Contractor shall cultivate the surface of all areas to be planted or hydroseeded by discing, ripping or scarifying the finish grade. After cultivation the Contractor shall clear the planting areas of stones to the depth of cultivation and shall be rake the planting areas to a smooth friable and plantable surface. The Contractor shall cultivate all planting areas, except slopes steeper than 3-1 /2: 1 (horizontal to vertical), to a depth of 300 mm (12"). The planting areas that are slopes steeper than 3-1/2:1, shall be cultivated to a depth of 150 mm (6"). After cultivation, the soil amendments shown in table 308-2.3.2(A) shall be thoroughly blended 150 mm (6") deep in all planting areas. Except for planting pits the cultivation depths are designated as the root area. Backfill for planting pits shall conform to the requirements of section 308-4.5. After surface preparation and application of the soil amendments shown in Table 308-2.3.2(A) the Contractor shall obtain a minimum of one test for each soil property listed in Tables 308-2.3.2(8) and 308-2.3.2(C) from each median planter, at least one test per 150 m (500') from each parkway and for each hectare (2.5 acres) of hydroseeded area and shall submit the results of said tests to the Engineer. The Contractor shall then adjust the soil properties to the acceptable ranges of soil properties shown in Tables 308- 2.3.2(8) and 308-2.3.2(C) using such materials and methods as may be necessary. Organic soil amendment materials shall not be included in the samples used to determine compliance to the soil particle gradation requirements of Table 308-2.3.2(C). If adjustments are necessary the soil shall be tested by the Contractor after such adjustments for each soil property listed in Table 308- 2.3.2(8) and 308-2.3.2(C) to determine that the adjustments to the soil made by the Contractor result in soil properties within the acceptable range. The Contractor shall adjust the soil properties and show acceptable ranges prior to any planting or application of hydroseed slurry. Prior to the start of any planting or application of hydroseed slurry the surface and root area shall be evenly and thoroughly moistened to no less than 75 percent of field capacity. The Contractor shall certify, in writing, that the ground surface has been prepared in accordance with this section and shall request inspection by the Engineer prior to any planting or seeding. The Contractor shall obtain the Engineer's approval before any planting or hydroseeding. Soil Amendment A ricultural G sum Iron Sulfate Calcium Carbonate Lime l'\ •+' Revised 6/15/17 TABLE 308-2.3.2(A) SOIL AMENDMENTS Page 152 of 170 Organic Soil Amendment 0.04115 cubic meters per square meter avera e de th 41 mm Soil Property TABLE 308-2.3.2(8) SOIL PROPERTIES Acceptable Range Test Method pH 6.5 to 7.3 Saturation Paste pH Dissolved Salts (Ece) Liquid Limit Plasticity Index <4.0 dS m-1 Saturation N/A to 30 NP to 10 Soluble Salts ASTM D 423 ASTM D424 TABLE 308-2.3.2(C) SOIL PARTICLE GRADATION Paste Reoeatabilitv Ranae of Test ± 0.1 oH ± 7% ± 2 ± 2 Sieve Siize Percent PassinQ 19 mm(¾") 100 9.5 mm <3/a") 95 -100 4.75 mm (No. 4) 60-85 1.89 mm (No. 10) 40-75 475 µm (No. 40) 35-70 75 µm (No. 200) 30-70 For areas to receive planting of all types, excluding only hydroseeding, the Contractor shall amend the prepared soil by blending 200 g of 7-7-7 fertilizer per square meter (40 lbs. per 1,000 square feet) into the top 150 mm (6") of soil after the completion of adjustment of soil properties and acceptance of the planting area by the Engineer. The Contractor shall apply post-plant 12-4-6 fertilizer at the rate of 20 pounds per 1,000 square feet, 30 days after planting and every 30 days through the end of the maintenance period. 308-2.4 Finish Grading .. add following: The Contractor shall prepare the finish grade in hydroseed slope areas with a moderately rough texture to provide a suitable surface for adherence of the hydroseed mix. 308-4 PLANTING. 308-4.1 General. add the following: The Contractor shall perform actual planting during those periods when weather and soil conditions are suitable and in accordance with locally accepted horticultural practice and as approved by the Engineer. No planting shall be done in any area until it has been satisfactorily prepared in accordance with these specifications. Soil moisture level prior to planting shall be no less than 75 percent of field capacity. The Contractor shall obtain the Engineer's approval of planting pits before planting operations begin. For pit planted vegetation when the soil moisture level is found to be insufficient for planting, the Contractor shall fill the ., \.+;' Revised 6/15/17 Page 153 of 170 planting pits with water and allow them to drain before starting planting operations. No more plants shall be distributed in the planting area on any day than can be planted and watered on that day. The Contractor shall plant and water all plants as herein specified immediately after removal from their containers. Containers shall not be cut prior to placing the plants in the planting area. It shall be the responsibility of the Contractor to provide continuous horticultural services and temporary and/or permanent irrigation to all planted and hydroseeded areas so that the planted and hydroseeded vegetation is 100 percent healthy and thriving prior to, and throughout the, landscape maintenance period. 308-4.2 Protection and Storage. add the following: The Contractor shall submit a sheltered and secure location for on-site plant storage area for the Engineer's approval prior to the delivery of any plant materials. Any plant determined by the Engineer to be wilted, broken, or otherwise damaged shall be rejected at any time during the project, whether in the ground or not. All plants shall be handled by their containers. Any plant that has been handled by its trunk or stem shall be rejected. All rejected plants shall be removed from the site immediately. 308-4.3 Layout and Plant Location. modify as follows: Planting areas shall be staked by the Contractor and the Contractor shall obtain the Engineer's approval of the planting layout before planting operations begin. 308-4.5 Tree and Shrub Planting. add the following: The Contractor shall amend the backfill for planting holes to a thoroughly blended mixture of clean loamy soil meeting the requirements of Tables 308-2.3.2(8) and 308-2.3.2(C) and then blend the amendments listed in Table 308-4.5(A) into the backfill for planting holes. TABLE 308-4.5(A) BACKFILL AND AMENDMENTS FOR TREE AND SHRUB PLANTING Soil Amendment A ricultural G sum Iron Sulfate Calcium Carbonate Lime 0.67 cubic meters er cubic meter ard Planting Tablets 1 1 per each 50 mm width of each box-1 per each 2" width of each box- size container size container 1 Planting tablet requirements are not cumulative and apply to the size container indicated Pruning shall be limited to the minimum necessary to remove injured twigs and branches, and to compensate for loss of roots during transplanting, but never to exceed one-tenth the branching structure. Pruning may be done only with the approval of, and in the presence of, the Engineer. Cuts over 19 mm (¾") shall be painted with an approved tree wound paint. Add the following section: 308-4.5.1 Root Barriers. Root barriers shall conform to section 212-1.8, Root Barriers. The Contractor shall install root barriers continuously at the edges of all median planter areas. The top of the root barrier shall be 25 mm (1") below the finish grade of the planted area. The bottom of the root barrier shall be installed 520 mm (20½") 1.25 m (40") below the finish grade of the planted area. Install as indicated on the plans, eliminating any breaks in the barrier by providing at least 150 mm (6'') of overlap at splices or damaged areas. Splices and repair patches ,, •ff Revised 6/15/17 Page 154 of 170 shall be stitched to the root barrier material by a running stitch of no less than 6 ± 1 stitches per 25 mm (1"). 308-4.6 Plant Staking and Guying. add the following: The Contractor shall install all boxed trees per drawings L-1 and L-2 of the San Diego Regional Standard Drawings unless details shown on the project plans differ therefrom. 308-4.8.2(b) Method B. add the following: The Contractor shall prepare hydroseeding slurry on the job site. Slurry additives shall arrive at the site in bags sealed and properly identified by the manufacturer. All specified additives and water shall be added on the job site at the rates specified and shall be thoroughly mixed at the job site. The Contractor shall add seed to the slurry after the fiber mulch has been thoroughly incorporated. The Contractor shall spray all areas with a uniform, visible coat using the green color of the mulch as a guide. The Contractor shall apply the slurry in a sweeping motion, in an arched stream so as to fall like rain allowing the mulch fibers to built on each other until a good coat is achieved and the material is spread, evenly, at the required rate per area. The Contractor shall use care not to drag spray hoses over container planted material and shall attempt to spray from the edges of the planting areas wherever possible. Any slurry mixture which has not been applied to the planting areas within four (4) hours after mixing is be rejected and removed from the project at the Contractor's expense. Any slurry spilled into areas outside the limits of work shall be cleaned up at the Contractor's expense to the satisfaction of the Engineer. The Contractor shall assure that the site is properly prepared. The Contractor shall repair all tire ruts created by the equipment. Areas needing grading repair prior to hydroseeding shall be blended and floated to match surrounding grades. Areas having less than 80% plant coverage within thirty (30) days after the initial application shall be reseeded every twenty (20) days until 80% of the ground surface is evenly covered by hydroseeded or subsequently reseeded growth. Add the following section: 308-4.8.3.1 Weed Eradication. The Contractor shall water all irrigated areas to be hydroseeded for three (3) weeks prior to hydroseeding to allow for germination of the weed seeds. The Contractor shall spray all weeds with a post emergent herbicide immediately after the completion of the three week irrigation period. After two (2) weeks, the Contractor shall again eradicate the weeds and complete the preparation of the soil prior to the application of the hydroseed mixes. Add the following section, 308-4.10 Erosion Control Matting Installation Add the following section, 308-4.10.1 General. Before installation of erosion control matting the Contractor shall complete all soil preparation, fine grading, and hydroseeding of the areas to receive erosion control matting. Add the following section: 308-4.10.2 Coordination with Hydroseeding. Erosion control matting shall be installed by the Contractor immediately after the first application of hydroseed materials. In all cases the Contractor shall place the erosion control matting within three days after the first hydroseed material application. Should any seed in the hydroseed materials begin to germinate within the three-day period after application or before the installation of the erosion control matting, the installation of the erosion control matting shall be considered as late and the Contractor shall disc the hydroseed materials into the top 1 00m (4") of the underlying soil, condition the soil for hydroseeding, apply hydroseeding materials at the rates and of the type specified and then install {'\ •+;' Revised 6/15/17 Page 155 of 170 the erosion control matting. No additional payment will be made for second or subsequent hydroseed applications resulting from late installation of erosion control matting. Add the following section: 308-4.10.3 Installation. The Contractor shall install erosion control matting using the following techniques: 1. Begin at the top of the slope by placing the erosion control matting into a 150 mm (6") wide by 150 mm (6") deep trench with the end of the matting laid flat in the bottom of the trench 2. Anchor the end of the erosion control matting with erosion control mat staples spaced no more than 300 mm (12") on centers placed at the intersection of the bottom and the downhill vertical face of the trench. 3. Roll the erosion control matting down the slope. 4. Staple the erosion control matting on an alternating grid consisting of three across and two across lines of staples in horizontal lines spaced 900mm (3') on centers. 5. Erosion control mat so stapled shall be spaced such that no less than 1 ¾ staples per square meter ( 1 ½ staples per square yard) are provided to anchor the erosion control matting. 6. Start the adjacent erosion control mat as in Item 1. of this section, overlapping the previously placed mat by no less than 50 mm (2"). 7. Staple placement may be such as to use the staples used to secure the adjacent mat to secure both mats along their edges. 308-5 IRRIGATION SYSTEM INSTALLATION. 308-5.1 General. add the following: The Contractor shall apply irrigation water as often and in sufficient amounts, as conditions may require, to germinate and establish the seed and keep the container plants healthy and growing. The Contractor shall lay out lines, valves, and other underground utilities and receive the approval of the Engineer before digging trenches. The Contractor shall be responsible for damages caused by its operations. Connections shall be made at approximately the locations shown on the drawings. The Contractor shall be responsible for unapproved changes. Permission to shut off any existing in-use water lines must be obtained 48 hours in advance, as to the date, time and exact length of time of each shut-off. The Contractor shall demonstrate that the entire irrigation system is under full automatic operation for a period of seven days prior to any planting. 308-5.2 Irrigation Pipeline Installation. add the following: The Contractor shall install all pressure main line piping from the irrigation system so as to maintain 3.1 m (1 O') minimum horizontal separation from all potable water piping. Where reclaimed and potable water pressure mainline piping cross, the reclaimed water piping shall be installed below the potable water piping, sleeved in a pressure rating of 200 PSI SOR 21 "Alertline" PVC sleeve which extends a minimum of 3.1 m (1 O') on either side of the potable water piping and be located to provide a minimum vertical clearance of 300 mm (12") between the reclaimed and potable water lines. Conventional (white) PVC pipe Schedule 40 may be used for sleeving material if it is taped along its entire length with 75 mm (3") wide purple warning tape which reads "Caution Reclaimed Water'. For trenching through areas where topsoil has been spread, the Contractor shall deposit topsoil on one side of trench and subsoil on opposite side. Subsoil shall be free of all rocks 13 mm (½") in diameter or larger, debris, and litter, prior to use as backfill. The Contractor shall repair any leaks and replace all defective pipe or fittings until lines meet test requirements. The Contractor shall not cover any lines until they have been inspected and approved by the Engineer for tightness, quality of workmanship, and materials. The Contractor shall not be backfill trenches until all required tests and observations are performed. Observations include sprinkler heads, all ,, •+; Revised 6/15/17 Page 156 of 170 fittings, lateral and mainline pipe, valves, and direct burial wire. 308-5.2.3 Plastic Pipeline. add the following: The Contractor shall store all pipe and fittings under cover until used, and all pipe and fittings shall transported in a vehicle with a bed long enough to allow the length of pipe to lay flat so as not to be subjected to undue bending or concentrated external load at any point. Pipe ends and fittings shall be wiped with MEK, or equal, before welding solvent is applied. Welded joints shall be given a minimum of 15 minutes to set before moving or handling. All field cuts shall be beveled to remove burrs and excess before fitting and gluing together. The Contractor shall center load pipe with small amount of backfill to prevent arching and slipping under pressure. Joints shall be exposed for inspection during testing. Plastic-to-plastic joints shall be solvent-welded, using only solvent recommended by pipe manufacturer. Add the following section: 308-5.2.6 Installation of Brass Pipe. The Contractor shall cut brass piping by power hacksaw, circular cutting machine using an abrasive wheel, or hand hacksaw. No piping shall be cut with metallic wheel cutter of any description. The Contractor shall ream and remove rough edges or burrs on all pipe so that smooth and unobstructed flow is obtained, place Teflon tape, Teflon dope, or approved equal on male threads only, and tighten to prevent any leakage. The Contractor shall tighten screwed joints with tongs or wrenches. Caulking is not permitted. Add the following section: 308-5.3.1 Valves. add the following: The Contractor shall install each control valve in a separate valve box with a minimum of 300 mm (12") separation between valves and 150 mm (6") from any fixed object or structure. Add the following section 308-5.3.2 Valve Boxes. The Contractor shall install no more than one valve per box. All boxes are to be marked as to the type of valve. Remote control valve boxes shall also indicate control station number. Add the following section: 308-5.3.3 Backflow Preventer. The Contractor shall install backflow preventer assembly in accordance with manufacturer's specifications and as directed on drawings. Exact location and positioning shall be verified on the site by the Engineer. 308-5.4.4 Sprinkler Head Adjustment. add the following: The Contractor shall flush and adjust all irrigation heads and valves for optimum performance and to prevent overspray onto walks, roadways buildings, walls, and other structures. Add the following section: 308-5.4.5 Drip Assembly. The Contractor shall install drip emitter filter on the supply side of all electric pressure regulating control valve for all emitter systems. The Contractor shall install a flush valve on the discharge side of all drip laterals. 308-5.5 Automatic Control System Installation. add the following: The Contractor shall install all portions of the electrical installation with materials and methods conforming to the requirements of the 1996 National Electrical Code. The Contractor shall provide no less than one control wire and one common ground wire to service each valve in system. 308-5.6.3 Sprinkler Coverage Test. add the following: any ground cover is planted . . , \.ff Revised 6/15/17 This test shall be accomplished before Page 157 of 170 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Add the following: For hydroseeded areas, median planting and mitigation area, The Contractor shall maintain said areas for period of no less than 120 days or until final acceptance of the project, whichever is the greater. Mowing is not required for hydroseeded areas. The Contractor shall provide complete landscape maintenance of all planted areas. The work shall include, but not be limited to, watering, litter control, weed control, stake repair, cultivating, supplementary fertilization, repair of irrigation systems, and control of diseases and pests. The Contractor shall submit a written plan to control weeds, disease, and pest infestations in the planting areas. The submittal shall conform to the requirements for shop drawings as specified in section 2-5.3 et seq. of the specifications. The Engineer shall approve all methods and materials for such control. Upon approval, the Contractor shall implement the control measures, exercising extreme caution in using pesticides and taking all steps to ensure the safety of the public. Only licensed personnel will be permitted to perform toxic spraying work. During the plant establishment period, the Contractor shall furnish sufficient workers and equipment on a daily basis to perform the work required by this section. Any day when the Contractor fails to adequately carry out specified maintenance work, as determined necessary by the Engineer, will not be credited as one of the plant establishment days. All planting areas which are damaged by construction shall be repaired by the Contractor within twenty (20) days following completion of construction in such. The Contractor shall repair such damaged areas. The repair shall consist of bringing the damaged area back to final grade, preparing the soil, replanting the area with the same vegetation as originally specified, and maintaining the area to achieve acceptable plant establishment. The Contractor shall provide temporary irrigation for hydroseeded areas for a minimum of 120 days to ensure adequate plant establishment. Towards the end of the maintenance period, the Contractor shall gradually reduce the amount of irrigation to allow plant adaptation to non-irrigated conditions. Upon the approval of the engineer, the temporary irrigation system shall be shut off at the end of the maintenance period. The hydroseeded areas must have their growth of 80% established and the coverage must be evenly successful over the entire hydroseeded area and adequate to prevent erosion no less than 30 days before the end of the maintenance period. Should the coverage not be achieved the maintenance period shall be extended until the required coverage is achieved plus an additional 30 day period. The Contractor shall call for a final inspection 30 days before the end of the maintenance period and at the end of the maintenance period. Failure to pass inspection will result in an extension of the maintenance period. The Contractor shall continue to provide maintenance for such time necessary to obtain conformance to the specifications. 308-7 GUARANTEE. Add following: The Contractor shall guarantee all 600 mm (24") box trees installed under the contract to live and grow for one year from the day of final acceptance of the contract work. The Contractor shall guarantee all other plant material, including ground covers to live and grow for a period of 30 days from the last day of the maintenance period or final acceptance of the contract work, whichever is the later. The Contractor shall replace, at its expense, all plant material found to be dead, missing, or in poor condition during the maintenance period within 5 days of discovery of such plant material. The Engineer shall be the sole judge as to the condition of the plant material. Plant material found to be dead or in poor condition within the guarantee period shall be replaced by the Contractor, at its expense, within 15 days of written notification. Replacements shall be made to the same specifications required for the original plantings. The Contractor shall submit written vegetation, planting and irrigation guarantee in approved form that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the Engineer for a period of one year from the date of acceptance by the Engineer. The Guarantee form shall be retyped on the Contractor's letterhead and contain the following verbiage: ,, •+;' Revised 6/15/17 Page 158 of 170 "Guarantee For Vegetation, Planting and Irrigation System For (Project Name) We hereby guarantee that the vegetation, planting and irrigation system we have furnished and installed for (project name) is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defect in vegetation, material or workmanship, including that due to ordinary wear and tear, which may develop during the periods specified in section 308-7 of the Standard Specifications and the Special Provisions of said project from date of completion of the Work or termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Agency. . This guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date of completion of the Work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as determined by the Engineer, after receipt of written notice. In the event of failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense, and we will pay the costs and charges therefore upon demand. Project: (Project Name) Location: (Legal Description of Project Property) Name of Contractor: Address: (Of Contractor) Telephone:: (Of Contractor) By: (Typed or printed names of signing Officer(s) of the Contractor authorized to bind the Contractor in legal matters) Title: (Of said officer(s)) Signature(s) Date of Execution:" Add the following section: 308-7.1 Record Drawings. In addition to the requirements of section 2-5.4, herein, the Contractor shall prepare record drawings that show all changes in the work constituting departures from the original contract drawings, including those involving both constant-pressure and intermittent-pressure lines and appurtenances. The Contractor shall accurately record, on a daily basis, on one set of blue line prints of the irrigation drawings, all changes in work constituting departures from the original contract drawings, including changes in both pressure and nonpressure line. The Contractor shall post information on record drawings no later than the next working day after the work is installed. The Contractor shall record changes and dimensions in a legible and professional manner. When the drawings are approved by the Engineer the Contractor shall transfer all information to a set of reproducible photo mylar drawings. Items required to be shown shall be dimensioned by the Contractor from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement). The accuracy of location of all items to be shown on the drawings shall be 150 mm (6") in both the vertical and horizontal planes. All text and numerals placed on drawings shall be 0.30 mm (1/a") in size. Facilities and items to be located in their horizontal and vertical positions and shown on the record drawings include all: {'\ • ., Revised 6/15/17 Page 159 of 170 a) Point(s) of connection, for water and electrical services b) Routing of irrigation pressure mainlines c) Backflow preventors d) Ball, gate and check valves e) Irrigation control valves. f) Quick coupler valves g) Routing of service wires h) Routing of control wires i) Electrical service equipment j) Electrical junction boxes k) Irrigation controllers I) Sleeves for future connections m) Other equipment of a similar nature (as directed by the Engineer). The Contractor shall keep the blue print drawings available for the Engineer's inspection at any time. The Contractor shall make all changes to reproducible drawings in waterproof black ink (no ball point pen). Changes in dimensions shall be recorded in a legible and professional manner. Record construction drawings shall be maintained at the job site during construction. The Contractor shall provide one set of mylar "record" drawings to the Engineer after submitting blueline prints of the proposed "record" drawings for, and obtaining their approval by, the Engineer. Add the following section: 308-7.2 Controller Chart. The Contractor shall prepare record drawings which shall be submitted to the Engineer for approval by the Engineer before charts are prepared. The Contractor shall provide one controller chart of the maximum size the controller doorwill allow, for each controller supplied, showing the area covered by that automatic controller. The chart shall be a reduction of the actual record system drawing with a legend to explain all symbols. If the controller sequence is not legible when the drawing is reduced, The Contractor shall enlarge it to a size that will be readable when reduced. The Contractor shall photocopy the chart, with a pastel transparent color used to show area of coverage for each station. When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum 20 mils thick. The Contractor shall complete the charts and obtain the Engineers approval prior to final inspection of the irrigation system. Add the following section: 308-7.3 Operation and Maintenance Manuals. The Contractor shall prepare and deliver to the Engineer, within 10 calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, properly prepared in four individual bound copies. The descriptive material shall describe the material installed in sufficient detail to permit qualified operating personnel to understand, operate, and maintain all equipment. The Contractor shall include spare parts list and related manufacturer information for each equipment item installed. Each manual shall include the following: a) Index sheet stating Contractor's address and telephone number. b) Duration of Guarantee period. c) List of equipment, with names and addresses of manufacturer's local representative. d) Complete operating and maintenance instructions on all major equipment. e) In addition to the maintenance manuals, the Contractor shall provide the agency maintenance personnel with instructions for major equipment, and show written evidence to the Engineer at the conclusion of the work that this service has been rendered. ,., •+;' Revised 6/15/17 Page 160 of 170 Add the following section: 308-7.4 Check List. The Contractor shall complete and forward signed and dated checklist to the Engineer before final acceptance of project. the following checklist at the end of the project, using the format shown: a) Plumbing permits (if none required, so note) b) Materials approval c) Pressure mainline test (by whom, and date) d) Record drawings completed (received by, and date) e) Controller chart completed (received by, and date) f) Materials furnished (received by, and date) g) Operation and maintenance manuals furnished (received by, and date) h) System and equipment operation instructions (received by, and date) i) Manufacturer warranties (received by, and date) j) Written guarantee by Contractor (received by, and date) 308-8 MEASUREMENT AND PAYMENT. add the following: The lump-sum or unit prices set forth in the contract documents shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, and equipment and performing all work necessary to complete, maintain, and guarantee the planting and irrigation work described or specified in the contract documents, including soils testing and recommended soil amendments, seed and hydroseed slurry, tree stakes, bark mulch, erosion control matting, plant materials, temporary irrigation and permanent irrigation, including reduced-pressure back-flow preventer, ball valves, drip valve assembly, electric control valves, quick couplers, control wires, pull boxes, valve boxes, all piping and sleeves, electrical conduits, irrigation heads, drip emitters, bubblers, drip irrigation equipment, connection from electrical service to irrigation electrical meter, connection from meter to irrigation controller(s}, installation of controller enclosure, concrete pads, preparation, correction, reproduction and lamination of "as-built" drawings, controller charts, assembly and submittal of the check list and operation and maintenance manuals and all appurtenances to the aforementioned items, as well as 120 days' maintenance and project guarantees. After completion of the project, the Engineer will retain $XX,XXX of the total contract amount, and will subsequently disburse the $XX,XXX to the Contractor on a monthly basis of $X,XXX per month (Information will be provided at Job Order). The Engineer reserves the right to stop payment until all punch list submitted to the Contractor every month are completed . . , \i+;' Revised 6/15/17 Page 161 of 170 Add the following section: 308-9 WETLAND MITIGATION. Add the following section: 308-9.1 General. All work shown on Sheets XX through XX of Drawing Number XX-X (Will be provided at Job Order )including: a) The marshes within the limits of work shall be protected by laying geotextile and adding a 300 mm (12") layer of soil over the cloth. The limits of work are shown on Sheet XX of Drawing XX (Will be provided at Job Order) and consist of the limits of work on the west, north and east and the limits of grading on the southerly boundary. b) The willow scrub within the limits of work shall be cut down to just above soil height. c) The cut materials shall be mulched back onto the site and Geotextile shall then be placed over the wetland. d) Prior to construction and placement of geotextile, the outer boundary of limits of work shall be staked and flagged with fluorescent tape at 7.6 m (25') on center to avoid additional wetland impacts. e) The Contractor shall take care that the soil remains within the limits of work to avoid sedimentation of downstream areas. Should such sedimentation occur the Contractor shall remove all sediments so deposited and shall take all measures to restore the streambed to its preconstruction condition at the Contractor's expense. f) Immediately subsequent to the completion of construction activities in the vicinity of the wetlands the Contractor shall remove the soil and geotextile covers. Add the following section: 308-9.2 Payment. Temporary marsh protection shown on Sheets XX through XX (Will be provided at Job Order) will be paid for at the contract lump sum price for temporary marsh protection and shall include full compensation for protection, furnishing, marking, installing and removing of geotextile and soil cover, planting, irrigation, and erosion control measures. No additional payment shall be made for sediment removal and/or streambed rehabilitation due to sedimentation caused by the Contractor's failure to contain the soil cover. SECTION 310 -PAINTING 310-5 PAINTING VARIOUS SURFACES. 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 Plans, or for approved temporary detours 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. 310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: 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/a") in 3 m (1 O') when measured parallel to the centerline of the street or more than 6 mm (¼") in 3 m (1 0') 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. {'\ •+;' Revised 6/15/17 Page 162 of 170 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: 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 (0.1 O') thick asphalt concrete overlay is not permitted. 310-5.6.7 Layout, Alignment, and Spotting. 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. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: 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. 310-5.6.10 Measurement and Payment. Modify the first paragraph 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. l'\ •~ Revised 6/15/17 Page 163 of 170 Add the following Section: 310-7 PERMANENT SIGNING Add the following Section: 310-7 .1 General. Add the following section: The Contractor shall provide and install all permanent traffic control signs at locations shown on plans and as specified herein. Add the following section: 310-7.2 Measurement And Payment. Permanent signing and appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for permanent signing and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in supplying and installing permanent signing 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. SECTION 312 -PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Add the following to the third paragraph: 4) When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. Add the following section: 312-1.1 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 310- 5.6.8. 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 313 -TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 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. {'\ •ff Revised 6/15/17 Page 164 of 170 313-1.2 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 312 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 "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. Add the following section: 313-1.3 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 b~ses shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "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: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 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: 313-2.2 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: (' +' Revised 6/15/17 Page 165 of 170 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand- filled crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CAL TRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm (3/a") thick plate welded on the upper end with a 5-mm (3/15") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303- 1. 9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CAL TRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed within 3 m (1 0') of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, "Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. {'\ •tr Revised 6/15/17 Page 166 of 170 Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite Ill" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier System Modules" manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CAL TRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CAL TRANS Standard Drawings T1 and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each TSFCC array as shown in CAL TRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the following section: 313-4 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. ,, •+; Revised 6/15/17 Page 167 of 170 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600-3 Rubberized Emulsion -Aggregate Slurry 600-3.2 Materials add the following: Aggregate for Rubberized Emulsion -Aggregate Slurry shall be Type I Slurry Aggregate. 600-3.4 Application of REAS add to the first paragraphs: No slurry shall be applied until the provisions of subsection 212-1.2.6, Herbicide Application, Section 302-11 Asphalt Concrete Pavement Crack Filling and Sealing, Section 312-3 Pavement Marker Removal have all been satisfied. The Contractor shall remove all existing markings, legends and striping, either permanent or temporary in those areas to be slurried. 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. All cracks and areas between existing curb and gutter and edge of pavement that contain weeds or plant growth of any kind shall be treated with herbicides. Herbicides shall be applied at least 2(two) working days prior to sealing of street. Allowance for the two day period shall be shown in the schedule required per section 6-1. Contractor shall remove any visible plant growth prior to placement of Herbicide. Full compensation for removal of striping and herbicide application shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work and shall be considered as included in the contract unit price bid for Rubberized Emulsion Aggregate Slurry and no additional compensation will be allowed therefore. 600-3.6 Public Convenience and Traffic Control modify the first line with the following: Public Convenience and traffic control shall conform to 302-4.4.4. There shall be no stockpiling of material allowed on City right-of-way. {'\ •+; Revised 6/15/17 Page 168 of 170 ,., •+;' Revised 6/15/17 APPENDIX "A" CITY OF CARLSBAD ROADWORK ABC CONTRACTORS OFFICE# (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear resident: As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be resurfaced with asphalt concrete over the existing roadway surface. This construction will require the closing of your street to through traffic for one day. Your street, from XYZ St. to DEF Ave. will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: XX/XX/XX from 7:00AM. to 5:00 P.M. If you don't plan to leave your home by 7:00 AM. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad's Project Inspector. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at the above phone number if you have any questions regarding the project. Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector @ (xxx) xxx-xxxx. Thank you for your cooperation as we work to make a better City of Carlsbad. Page 169 of 170 This Section Has Been Left Blank ,, •tr' Revised 6/15/17 Page 170 of 170 ATTACHMENT C JOB ORDER CONTRACT SPECIAL CONDITIONS (' •~ Job Order Contract (JOC) (Rev.Nov.2019) Page 16 of 59 Pages JOB ORDER CONTRACT SPECIAL CONDITIONS 1. DEFINITIONS 1.1. Adjustment Factor -A competitively bid adjustment to be applied to the Unit Prices listed in the Construction Task Catalog®. 1.2. Award Criteria Figure -The amount determined in the Award Criteria Figure Calculation sec- tion of the Bid Form, which is used for the purposes of determining the lowest Bid. 1.3. Base Term -The initial period of the Contract and does not include any Option Terms. 1.4. Construction Task Catalog'" -A comprehensive listing of construction related tasks together with a specific unit of measure and a published Unit Price. 1.5. Detailed Scope of Work -A document setting forth the work the Contractor is obligated to complete for a particular Job Order. 1.6. Estimated Annual Value -An estimate of the value of Job Orders that could be issued to the Contractor each year. 1.7. Job Order -A written order issued by the Agency, such as a purchase order, requiring the Contractor to complete the Detailed Scope of Work within the Job Order Completion Time for the Job Order Price. A project may consist of one or more Job Orders. 1.8. Job Order Completion Time -The time within which the Contractor must complete the De- tailed Scope of Work. 1.9. Job Order Price -The value of the approved Job Order Price Proposal and the amount the Contractor will be paid for completing a Job Order. 1.10. Job Order Price Proposal -A price proposal prepared by the Contractor that includes the Pre-priced Tasks, Non Pre-priced Tasks, quantities and appropriate Adjustment Factors re- quired to complete the Detailed Scope of Work. 1.11. Job Order Proposal -A set of documents including at least: (a) Job Order Price Proposal; (b) required drawings or sketches; (c) list of anticipated Subcontractors and Materialmen; (d) Construction schedule; and (e) other requested documents. 1.12. Joint Scope Meeting-A site meeting to discuss the work before the Detailed Scope of Work is finalized. 1.13. Maximum Contract Value -The maximum value of Job Orders that the Contractor may re- ceive under this contract. 1.14. Minimum Contract Value -The minimum value of Job Orders that the Contractor is guaran- teed the opportunity to perform under this Contract. 1.15. Non Pre-priced Task-A task that is not set forth in the Construction Task Catalog®. 1.16. Normal Working Hours -Includes the hours from 7:00 a.m. to 5:00 p.m. Monday through Friday, except for Agency holidays. 1.17. Notice to Proceed -A written notice issued by the Agency directing the Contractor to pro- ceed with construction activities to complete the Job Order. ,, •fi Job Order Contract (JOC) (Rev.Nov.2019) Page 17 of 59 Pages 1.18. Option Term -An additional period of time beyond the Contract Term which extends the termination date of the Contract. 1.19. Other than Normal Working Hours-Includes the hours of between 5:00 p.m. and 7:00 a.m. Monday through Friday and all-day Saturday, Sunday, and Agency Holidays. 1.20. Pre-priced Task -A task described in, and for which a Unit Price is set forth in, the Construc- tion Task Catalog®. 1.21. Project -The collective improvements to be constructed by the Contractor pursuant to a Job Order, or a series of related Job Orders. 1.22. Request for Proposal -A written request to the Contractor to prepare a Proposal for the Detailed Scope of Work referenced therein. 1.23. Supplemental Job Order -A secondary Job Order developed after the initial Job Order has been issued for the purpose of changing, deleting, or adding work to the initial Detailed Scope of Work, or changing the Job Order Completion Time. 1.24. Technical Specifications -The written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. 1.25. Unit Price -The price published in the Construction Task Catalog® for a specific construction or construction related work task. Unit Prices for new Pre-priced Tasks can be established during the course of the Contract and added to the Construction Task Catalog®. Each Unit Price is comprised of labor, equipment, and material costs to accomplish that specific Pre- priced Task. 1.26. Work -All materials, labor and use of tools, equipment and services necessary by the Con- tractor and/or Subcontractor to complete the Job Order. 2. CONTRACTOR 2.1. Personnel: The Contractor shall assign a full-time person as its representative for this Con- tract. This person shall be acceptable to the Agency and shall have a cell phone at which he or she can be reached at all times. 2.2. The Contractor shall also have at all times an Office Manager and a Superintendent assigned to this Contract. Additional staff will be provided depending on the volume of work. For each Job Order issued, the Contractor shall identify the Superintendent responsible for that Job Order. The Superintendent shall be reachable 24 hours a day, seven days a week. If the named Superintendent is not available because of illness or vacation, or the like, the Con- tractor shall notify the Agency of a substitute Superintendent. At all times, the Contractor shall provide at least one Superintendent for every four Job Orders. Whenever, in the sole discretion of the Agency, the Contractor is not providing a sufficient level of supervision, the Agency may direct the Contractor to increase the level of supervision for any or all projects, including but not limited to the right to direct the Contractor to assign a full time, dedicated Superintendent for any project; submit daily management, inspection, activity, and planning reports; substitute subcontractors; submit daily photographs of the work in place and the work areas prepared for the next day's work; and develop a site specific quality control pro- gram, all at no cost to the Agency. In the event the Agency's personnel are required to ('\ •+;' Job Order Contract (JOC) (Rev.Nov.2019) Page 18 of 59 Pages provide direction or supervision of the work in the field because the Contractor has not pro- vided sufficient supervision, the Contractor shall reimburse the Agency $75 per hour for such effort. 2.3. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work under the Contract, unless a Job Order gives other specific instructions. 2.4. Reporting Errors: The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information know to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies, or omissions in Contract Documents or field conditions shall be reported to the Agency at once. 2.5. A Project site may be operational during the Work. The Contractor shall not interfere or hinder Agency operations. The Contractor shall keep all equipment and materials within designated work areas and out of hallways and doorways. Emergency exit routes shall be maintained at all times. 3. CONTRACTOR SELECTION AND AWARD OF INDIVIDUAL JOB ORDERS 3.1. The Agency may award an individual Job Order to any selected Contractor. Selection of the Contractor and award of the Job Order will be in compliance with established Agency pro- cedures and based on one or more of the following criteria: 3.1.1. Evaluation of past and current performance on Job Orders of a similar nature and type of work, project size, construction management challenges, schedule performance, design management requirements, etc. 3.1.2. Contractor's responsiveness to the Agency on Job Orders. 3.1.3. Price, as it relates to the Agency's independent cost estimate. 3.1.4. Balancing of workload (Job Order dollar volume and construction backlog) among Contractors. 3.1.5. Management of Job Order dollar volume within bonding limitations of the Contractor. 3.1.6. Rotational selection among all Contractors, unless otherwise determined by the Agency. 3.1.7. Other appropriate criteria as deemed in the best interest of the Agency. 4. PROCEDURES FOR DEVELOPING A JOB ORDER 4.1. Initiation of a Job Order 4.1.1. As the need exists, the Agency will notify the Contractor of a Project, schedule a Joint Scope Meeting and issue a Notice of Joint Scope Meeting. 4.1.2. The Contractor shall attend the Joint Scope Meeting and discuss, at a minimum: 4.1.2.1. the general scope of the work; 4.1.2.2. Alternatives for performing the work and value engineering; ,, •fi Job Order Contract (JOC) (Rev.Nov.2019) Page 19 of 59 Pages 4.1.2.3. access to the site and protocol for admission; 4.1.2.4. hours of operation; 4.1.2.5. staging area; 4.1.2.6. any requirements for catalog cuts, technical data, samples and shop draw- ings; 4.1.2.7. any requirements for professional services, sketches, drawings, and specifi- cations; 4.1.2.8. construction duration; 4.1.2.9. the presence of hazardous materials; 4.1.2.10. date on which the Job Order Proposal is due. 4.1.3. Upon completion of the joint scoping process, the Agency will prepare a draft Detailed Scope of Work referencing any sketches, drawings, photographs, and specifications required to document accurately the work to be accomplished. The Contractor shall review the Detailed Scope of Work and request any required changes or modifica- tions. When an acceptable Detailed Scope of Work has been prepared, the Agency will issue a Request for Proposal that will require the Contractor to prepare a Job Or- der Proposal. The Detailed Scope of Work, unless modified by both the Contractor and the Agency, will be the basis on which the Contractor will develop its Job Order Proposal and the Agency will evaluate the same. The Contractor does not have the right to refuse to perform any task or any work in connection with a particular Project. 4.1.4. The Agency may, at its option, include quantities in the Detailed Scope of Work if it helps to define the Detailed Scope of Work, if the actual quantities required are not know or cannot be determined at the time the Detailed Scope of Work is prepared, if the Contractor and the Agency cannot agree on the quantities required, or for any other reason as determined by the Agency. In all such cases, the Agency shall issue a Supplemental Job Order adjusting the quantities appearing in the Detailed Scope of Work to the actual quantities. 4.1.5. The Contractor's Job Order Proposal shall include, at a minimum: 4.1.5.1. Job Order Price Proposal; 4.1.5.2. Required drawings or sketches; 4.1.5.3. List of anticipated Subcontractors and Materialmen; 4.1.5.4. Construction schedule; 4.1.5.5. Other requested documents. 4.2. Preparation of the Job Order Price Proposal 4.2.1. The Job Order Price shall be the value of the approved Job Order Price Proposal. 4.2.2. The value of the Job Order Price Proposal shall be calculated by summing the total of the calculations for each Pre-priced Tasks (unit price x quantity x Adjustment Factor) plus the value of all Non Pre-priced Tasks. ('\ •+' Job Order Contract (JOC) (Rev.Nov.2019) Page 20 of 59 Pages 4.2.3. The Contractor will prepare Job Order Price Proposals in accordance with the follow- ing: 4.2.3.1. Pre-priced Task: A task described in, and for which a Unit Price is set forth in, the Construction Task Catalog®. The Contractor will select the appropri- ate Pre-priced Tasks, and enter the accurate quantity, and the appropriate Adjustment Factor. 4.2.3.2. Non Pre-priced Task: A task that is not set forth in the Construction Task Catalog®. 4.2.3.2.1. Information submitted in support of Non Pre-priced Tasks shall in- clude, but not be limited to, the following: 4.2.3.2.1.1. Catalog cuts, specifications, technical data, draw- ings, or other information as required to evaluate the task. 4.2.3.2.1.2. If the Contractor will perform the work with its own forces, it shall submit three independent quotes for all material to be installed and shall, to the extent possible, use Pre-priced Tasks for labor and equipment from the Construction Task Catalog®. If the work is to be subcontracted, the Contractor must submit three independent quotes from subcontractors. The Con- tractor shall not submit a quote or bid from any supplier or subcontractor that the Contractor is not prepared to use. The Agency may require additional quotes and bids if the suppliers or subcontractors are not acceptable or if the prices are not reasonable. If three quotes or bids cannot be obtained, the Contrac- tor will provide the reason in writing for the Agency's approval. If approved, less than three quotes or ids will be allowed. 4.2.3.2.2. The final price submitted for Non Pre-priced Tasks shall be accord- ing to the following formula: 4.2.3.2.2.1. For Non Pre-priced Tasks Performed with Con- tractor's Own Forces: A= The hourly rate for each trade classification not in the Construction Task Catalog® multiplied by the quan- tity; B = The rate for each piece of Equipment not in the Construction Task Catalog® multiplied by the quantity; C = Lowest of three independent quotes for all materi- als. ,, •;;' Job Order Contract (JOC) (Rev.Nov.2019) Page 21 of 59 Pages Total for a Non Pre-priced Tasks performed with Con- tractor's Own Forces = (A+B+C) x appropriate Adjustment Factor. 4.2.3.2.2.2. For Non Pre-priced Tasks Performed by Subcon- tractors: If the Non Pre-priced Task is to be subcontracted, the Contractor must submit three independent quotes for the work. D = Lowest of three Subcontractor Quotes Total Cost for Non Pre-priced Tasks performed by Sub- contractors = D x appropriate Adjustment Factor. 4.2.3.2.3. After a Non Pre-priced Task has been approved by the Agency, the Unit Price for such task will be established and fixed as a perma- nent Non Pre-priced Task which will no longer require price justification. 4.2.3.2.4. The Agency's determination as to whether a task is a Pre-priced Task or a Non Pre-priced Task shall be final, binding and conclusive as to the Contractor. 4.2.4. Whenever, because of trade jurisdiction rules or small quantities, the cost of a minor task in the Job Order Price Proposal is less than the cost of the actual labor and mate- rial to perform such task, the Agency may permit the Contractor to be paid for such task as a Non Pre-priced Task, or use Pre-priced labor tasks and material component pricing to cover the actual costs incurred. Provided, however, that there is no other work for that trade on the Project or other work for that trade cannot be scheduled at the same time and the final charge does not exceed $1,000.00. 4.2.5. Contractor shall make the necessary arrangements for and obtain all filings and per- mits required for the Work, including the preparation of all drawings, sketches, calculations and other documents and information that may be required therefor. If the Contractor is required to pay an application fee for filing a project, a fee to obtain a building permit, or any other permit fee to the Agency, State or some other govern- mental or regulatory agency, then the amount of such fee paid by the Contractor for which a receipt is obtained shall be treated as a Reimbursable Task to be paid without mark-up. The cost of expediting services or equipment use fees are not reimbursable. 4.2.6. The Contractor shall provide incidental engineering and architectural services re- quired in connection with a particular Job Order including drawings and information required for filing. 4.2.7. The Contractor's Job Order Proposal shall be submitted by the date indicated on the Request for Proposal. All incomplete Job Order Proposals shall be rejected. The time allowed for preparation of the Contractor's Job Order Proposal will depend on the complexity and urgency of the Job Order but should average between seven and four- teen days. On complex Job Orders, such as Job Orders requiring incidental engineering/architectural drawings and approvals and permits, allowance will be l'\ •fi' Job Order Contract (JOC) (Rev.Nov.2019) Page 22 of 59 Pages made to provide adequate time for preparation and submittal of the necessary docu- ments. 4.2.8. In emergency situations and minor maintenance and repair Job Orders requiring im- mediate completion, the Job Order Proposal may be required quickly and the due date will be so indicated on the Request for Proposal or, as described below, the Con- tractor may be directed to begin work immediately with the paperwork to follow. 4.2.9. If the Contractor requires clarifications or additional information regarding the De- tailed Scope of Work in order to prepare the Job Order Proposal, the request must be submitted so that the submittal of the Job Order Proposal is not delayed. 4.3. Review of the Job Order Proposal and Issuance of the Job Order 4.3.1. The Agency will evaluate the entire Job Order Price Proposal and compare these with the Agency's estimate of the Detailed Scope of Work to determine the reasonableness of approach, including the appropriateness of the tasks and quantities proposed. 4.3.2. The Contractor may choose the means and methods of construction; subject how- ever, to the Agency's right to reject any means and methods proposed by the Contractor that: 4.3.2.1. Will constitute or create a hazard to the work, or to persons or property; 4.3.2.2. Will not produce finished Work in accordance with the terms of the Con- tract; or 4.3.2.3. Unnecessarily increases the price of the Job Order when alternative means and methods are available. 4.3.3. The Agency reserves the right to reject a Job Order Proposal or cancel a Project for any reason. The Agency also reserves the right not to issue a Job Order if it is deter- mined to be in the best interests of the Agency. The Agency may perform such work by other means. The Contractor shall not recover any costs arising out of or related to the development of the Job Order including but not limited to the costs to attend the Joint Scope Meeting, review the Detailed Scope of Work, prepare a Job Order Proposal (including incidental architectural and engineering services), subcontractor costs, and the costs to review the Job Order Proposal with the Agency. 4.3.4. By submitting a Job Order Proposal to the Agency, the Contractor agrees to accom- plish the Detailed Scope of Work in accordance with the Request for Proposal at the lump sum price submitted. It is the Contractor's responsibility to include the neces- sary Pre-priced Tasks and Non Pre-priced Tasks and quantities in the Job Order Price Proposal prior to delivering it to the Agency. 4.3.5. Each Job Order provided to the Contractor shall reference the Detailed Scope of Work and set forth the Job Order Price and the Job Order Completion Time. All clauses of this Contract shall be applicable to each Job Order. The Job Order, signed by the Agency and delivered to the Contractor constitutes the Agency's acceptance of the Contractor's Job Order Proposal. A signed copy of the Job Order will be provided to the Contractor. l' •+;' Job Order Contract (JOC) (Rev.Nov.2019) Page 23 of 59 Pages 4.3.6. In the event that immediate emergency response is necessary, the Contractor shall be required to follow alternative procedures as established by the Agency. The Con- tractor shall begin work as directed notwithstanding the absence of a fully developed Request for Proposal, Detailed Scope of Work, or Job Order. The Contractor shall be compensated for such work as if the work had been ordered under the standard pro- cedures. 5. CHANGES IN THE WORK 5.1. The Agency, without invalidating the Job Order, may order changes in the Work by altering, adding to or deducting from the Work, by issuing a Supplemental Job Order. 5.2. Credits for Pre-priced and Non Pre-priced Tasks shall be calculated at the pre-set Unit Prices and multiplied by the appropriate Adjustment Factors. The result is that a credit for Tasks that have been deleted from the Detailed Scope of Work will be given at 100% of the value at which they were included in the original Job Order Price Proposal. 6. PAYMENTS 6.1. The Agency will make one payment for all Job Orders that have a Job Order Completion Time of 45 days or less, or a Job Order Price of $25,000 or less. For all other Job Orders, the Agency may make partial, monthly payments based on a percentage of the work completed. 6.2. Before submitting an Application for Payment (Final or Partial} the Contractor shall reach an agreement with the Agency concerning the percentage complete of the Detailed Scope of Work and the dollar value for which the Application for Payment may be submitted. 7. ENR CCI ADJUSTMENT OF THE ADJUSTMENT FACTORS 7.1. Economic Price Adjustment: The Adjustment Factors may be updated on each anniversary of the award date to account for changes in construction costs, provided, the Contractor requests in writing, approximately fourteen (14} to thirty (30} days prior to the anniversary of the award date, that the Adjustment Factors be updated. Such request shall be delivered to the Agency and to Gordian. In the event the Contractor fails to deliver the request timely, then the Agency shall determine the date on which the Adjustment Factors will be updated, but in no event will such date be later than thirty days after the written request to update the Adjustment Factors is received by the Agency. Thereafter, the Contractor's Adjustment Factors will be adjusted according to the following: 7.1.1. The Contractor's Normal Working Hours and Other than Normal Working Hours Ad- justment Factors will be adjusted according to the following: 7.1.1.1. A Base Year Index shall be calculated by averaging the 12 month Construction Cost Indices (CCI} for Los Angeles published in the Engineering News Record (ENR} for the 12 months immediately prior to the month of the bid due date (e.g. April bid date, Base Year Index is April of the prior year to March of the bid date year}. 7.1.1.2. A Current Year Index shall be calculated by averaging the 12 month Construction Cost Indices (CCI} for Los Angeles published in the Engineering News Record (ENR} for the 12 months beginning with the month of anniversary of the bid due date (e.g. April bid date, Current Year Index is April of the prior year to March of the current year}. ,, •+' Job Order Contract (JOC) (Rev.Nov.2019) Page 24 of 59 Pages 7.1.1.3. The Economic Price Adjustment shall be calculated by dividing the Current Year Index by the Base Year Index. 7.1.1.4. The Contractor's original Adjustment Factors shall be multiplied by the Economic Price Adjustment to obtain the Contractor's new Adjustment Factors effective for the next 12 months. 7.1.1.5. Averages shall be obtained by summing the 12 month indices and dividing by 12. 7.1.1.6. All calculations in this article shall be carried to the fifth decimal place and rounded to the fourth decimal place. The following rules shall be used for round- ing: 7.1.1.6.1. The fourth decimal place shall be rounded up when the fifth decimal place is five (5) or greater. 7.1.1.6.2. The fourth decimal place shall remain unchanged when the fifth decimal place is less than five (5). 7.2. ENR occasionally revises indices. ENR CCls used in the calculations described above shall be those currently published at the time the Economic Price Adjustment calculation is per- formed. No retroactive adjustments will be made as a result of an ENR revision. Revised CCI indices, if any, shall be used in subsequent calculations. 7.3. Under all circumstances, should the Contractor submit a Job Order Proposal with inaccurate Adjustment Factors, the act of submission by the Contractor is a waiver of all rights to any further compensation above the Job Order Price submitted in the Job Order Proposal. 7.4. The Contractor cannot delay submission of the Job Order Proposal past the due date to take advantage of a scheduled update of the Adjustment Factors. In that event, the Contractor shall use the Adjustment Factors that would have been in effect without the delay. 7.5. The Adjustment Factor for Non Pre-priced Tasks will remain constant for the duration of the Contract. 8. COMPUTER REQUIREMENTS 8.1. The Contractor shall maintain at its office for its use a computer with, at a minimum, a 1 GHz processor and an internet connection. The Contractor shall maintain individual email ac- counts for each of its project managers. 9. GORDIAN JOC SYSTEM LICENSE AND FEE AGREEMENT 9.1. The Agency selected The Gordian Group's (Gordian) Job Order Contracting (JOC) System for their JOC program. The Gordian JOC Solution TM includes Gordian's proprietary JOC Software Applications, construction cost data, and Construction Task Catalog", which shall be used by the Contractor solely for the purpose of fulfilling its obligations under this Contract, includ- ing the preparation and submission of Job Order Proposals, subcontractor lists, and other requirements specified by the Agency. The Contractor shall be required to execute Gor- dian's JOC System License and Fee Agreement and pay a 1% JOC System License Fee to obtain access to the Gordian JOC Solution™. ,, •+;' Job Order Contract (JOC) (Rev.Nov.2019) Page 25 of 59 Pages ATTACHMENT D JOB ORDER CONTRACT TECHNICAL SPECIFICATIONS ATTACHED AS A SEPARATE DOCUMENT IN PLANETBIDS ,, •ff Job Order Contract (JOC) (Rev.Nov.2019) Page 26 of 59 Pages ATTACHMENT E CONSTRUCTION TASK CATALOG ATTACHED AS A SEPARATE DOCUMENT IN PLANETBIDS ,., •ff Job Order Contract (JOC) (Rev.Nov.2019) Page 27 of 59 Pages {'\ •+;' Job Order Contract (JOC) (Rev.Nov.2019) ATTACHMENT F CONTRACTOR'S PROPOSAL Page 28 of 59 Pages ·-·.• ..... , .. ..... "" ;..:..: CITYOFCARLSBADAND i/t~/J,t]_ --~------ CARLSBAD MUNICIPAL WATER DEPARTMENT , . ,, , .. ---------- JOB ORDER CONTRACT CONTRACT NO. JOC-935CA CONTRACTOR'S PROPOSAL Agency Council/ Board of Directors City of Carlsbad/ Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully read the Notice Inviting Bids, examined the General Provisions, Supplemental Provisions Job Order Contracting Special Provisions, the Construction Task Catalog®, the Technical Specifications and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work of each Job Order un- der Contract No. JOC-935CA in accordance with the General Provisions, Supplemental Provisions, Job Order Contracting Special Provisions, the Construction Task Catalog®, the Technical Specifications and addenda thereto. The Bidder shall set forth Adjustment Factors in legible figures in the respective space provided. Fail- ure to submit all Adjustment Factors will result in the Bid being deemed non-responsive. The Contractor shall perform the Tasks required by each individual Job Order using the following Adjust- ment Factors: Adjustment Factor Name Adjustment X Factor Bid Multiplier l. Adjustment Factor for Normal /.-Z..'f~_ X0.70 Working Hours Projects {AF 1) 2. Adjustment Factor for Other Than Normal Working Hours Projects L. ">!sj_ X0.30 {AF 2) 3. Add all the Total amounts in the right column. The Sum of these Total amounts is the Award Criteria Figure. ,, •+r' Job Order Contract (JOC) (Rev. Nov.2019) = Total = _._'?70 J. =_.5 I Jp_7 =L. 2_1~_<1 HPS Mechanical, Inc. Page 29 of 59 Pages NOTES TO BIDDER 1. Specify lines 1 through 3 to four (4) decimal places. Use conventional rounding methodology {i.e., if the number in the 5th decimal place is 0-4, the number in the 4th decimal remains unchanged; if the number in the 5th decimal place is 5-9, the number in the 4th decimal is rounded upward). 2. The Other Than Normal Working Hours Adjustment Factors must be greater than or equal to the Normal Working Hours Adjustment Factors. 3. The weighted multipliers above are for the purpose of calculating an Award Criteria Figure only. No assurances are made by the Agency that Job Orders will be ordered under the Contract in a distribution consistent with the weighted percentages above. The Award Criteria Figure is only used for the bid evaluation purposes. 4. When submitting Job Order Price Proposals related to specific Job Orders, the Bidder shall utilize one or more of the Adjustment Factors applicable to the Tasks being performed. Adjustment Factors given above are firm for 90 days after date of bid opening. Addendum{a) No(s). _1~,_2 _______ has/have been received and is/are included in this pro- posal. The Undersigned has carefully checked all of the above figures and understands that the Agency 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/ Board of Directors of the Carlsbad Municipa I Water District, the Agency and/or District 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 9301 A, B, C2, C4, Cl0, Clb, C20, license number 7 4 classification c34 c36 c42 c43 c46 which expires on 03/31/2021 and Department of Industrial Relations PWC registration number 1000001107 which expires on 06/30/2020 and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the Agency by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered non responsive and shall be rejected by the Agency § 7028.lS{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: l' •,;' Job Order Contract (JOC) HPS Mechanical, Inc. (Rev.Nov.2019) Page 30 of 59 Pages 1} That no Council / Board member, officer agent, or employee of the Agency is personally inter- ested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the Agency Council/ Board of Directors, 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. Accompanying this proposal is Bidder's Bond (Cash, Certified Check, Bond or Cashier's Check} for twenty-five thousand dollars ($25,000}. 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 com- mencing 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 ____ ___,Nc..:;/'-'-A--'----------------- (2} Signature (given and surname} of proprietor _________________ _ (3) Place of Business ___________________ ~-------- (Street and Number} Agency and State _____________________________ _ (4) Zip Code _________ Telephone No. ______________ _ (5) E-Mail ______________________ _ {' •+;' Job Order Contract (JOC) HPS Mechanical, Inc. (Rev.Nov.2019) Page 31 of 59 Pages 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 gen- eral partner) (3) Place of Business -------------------------- (Street and Number) Agency and State ____________________________ _ (4) Zip Code ________ Telephone No. ______________ _ (5) E-Mail ____________________ _ IF A CORPORATION, SIGN HERE: ( 1) Name under which business is conducted _ __,H--"P'-S=-"-M""'"e=c=h=a°'--n""'ic=a=I __,_l.,__,_n=c•c_ _______ _ Vice President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of __ C_a_l_ifo_r_n_ia ___________ _ (4) Place of Business __ 3_1 _00_E_. _B_e_lle_T_e_rr_a_ce~''-B_a_k_e_r_sfi_1e_ld~,'-C_A_9_3_3_0_7 _______ _ (Street and Number) Agency and State ___ C..:....:..S_L_B_-_C_a_l:.:..ifo::..crc..:n.:c:ia'----------------------- (5) ZipCode __ 9_3_30_7 ___ _ Telephone No. _ __,_(6_6_1.!,_) _39_7_-_2_12_1 ______ _ (6) E-Mail ___ s_d__,@=-h'-ps_m_e_ch_a_n_ic_a_l_.c_o_m ___________ _ {' •+;' Job Order Contract (JOC) (Rev.Nov.2019) HPS Mechanical, Inc. Page 32 of 59 Pages 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: Leslie DenHerder, President Susan DenHerder, Secretary Scott DenHerder, Vice President l' •+r' Job Order Contract (JOC) HPS Mechanical, Inc. (Rev.Nov.2019) Page 33 of 59 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of --------'-K--'-e"""'r'-'-n-'------- On ____ 1.u.L-9 .... /2 ... 0,..2 .... 0'----before me, Alma L. Martinez, Notary Public Date Here Insert Name and Title of the Officer personally appeared _S_c_o_t_t_D_e_n_H_e_r_d_e_r ___________________ _ Name~ of Signertsi, who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/s~t~ executed the same in hi~/~ authorized capacity(~). and that by his~/t~r signatur~ on the instrument the person(l!q, or the entity upon behalf of whicn the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws :ecccnt:t :o ,,,...,,...,en lf'aALMA L MARTINEZ Ill of the State of California that the foregoing paragraph is true and correct. ~ ·-··. COMM: #2312467 ~ (ll • • NOT AAY Pl8.IC • cH.lf()flNIA tn ~ KEAN COUNTY i,i IQ My Comm, E,i,, Dec, 11, 20'l3 al Jo au ,uooouoc coo Place Notary Sea/ Above ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Trtle or Type of Document: Bid Proposal Document Date: _1 /_9_/_2_0_2_0 ___ _ Number of Pages: ___ Signer(s) Other Than Named Above: n~o~n~e=·----------- Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ LJ Corporate Officer -nt1e(s): ______ _ □ Partner -1l Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual n Attorney in Fact [J Trustee LJ Guardian or Conservator [J Trustee □ Guardian or Conservator 17 Other: ______________ _ □ Other: ____________ _ Signer Is Representing: ________ _ Signer Is R~presenting: ________ _ ·~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 HPS Mechanical, Inc. {'\ •,;' Job Order Contract (JOC) (Rev.Nov.2019) ATTACHMENT G CERTIFICATION AND FORMS HPS Mechanical, Inc. Page 34 of 59 Pages BID SECURITY FORM (TO ACCOMPANY PROPOSAL} JOB ORDER CONTRACT CONTRACT NO. JOC-935CA (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashier's check payable to the order of CITY OF CARLSBAD and/or CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of Twenty-five Thousand dollars ($ 25,000). The proceeds of this check shall become the property of the CITY OF CARLSBAD and/or CARLSBAD MUNICIPAL WATER DISTRICT provided this proposal shall be accepted by the Agency through action of its legally constituted contracting authorities and the undersigned shall fail to exe- cute 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 under- signed. The proceeds of this check shall also become the property of the Agency 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. Bid Bond Enclosed 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 $25,000.) ,., •,;' Job Order Contract (JOC) (Rev.Nov.2019) HPS Mechanical, Inc. Page 35 of 59 Pages BIDDER'S BOND (TO ACCOMPANY PROPOSAL) JOB ORDER CONTRACT CONTRACT NO. JOC20-935CA KNOW ALL PERSONS BY THESE PRESENTS: FIDELITY AND DEPOSIT COMPANY That we, HPS MECHANICAL, INC. as Principal, and OF MARYLAND as Surety are held and firmly bound unto the City of Carlsbad and/or the Carlsbad Municipal Water Dis- trict, California, in an amount of Twenty-Five Thousand Dollars ($25,000) 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: JOB ORDER CONTRACT-CONTRACT NO. _J_o_c2_0_-9_35_C_A ___________ _ in the City of Carlsbad and/or the Carlsbad Municipal Water District, is accepted by the City Council/ Board of Directors, 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/ Board of Directors of the Agency, 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 spec- ified herein shall be forfeited to the said Agency/ District. SIGNED AND SEALED, this __ 9t_h ____ day of JANUARY 20_2_0_ FIDELITY AND DEPOSIT COMPANY _H_PS_M_EC_H_A_N_IC_AL_,_IN_C_. _______ (SEAL) _O_F_M_A_RY_LA_ND __________ (SEAL) ~ (Surety) By: --/-----("-Si_,.g...,_na-t=ur ..... e-'-)-----=-c,----By: ~1::ec Scott DenHerder, Vice-President JOHANNAH GRIFFITH, ATTORNEY-IN-FACT (Print Name/ Title) (Print Name/ Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER Agency Attorney/ General Council By: •~~~gen~ey f:,J~; l'\ •,r Job Order Contract (JOC) HPS Mechanical, Inc. (Rev. Nov.2019) Page 36 of 59 Pages ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereot~ do hereby nominate, constitute, and appoint, Wes BRADFORD, Elizabeth AGUINAGA, Johannah GRIFFITH, Lorinda HOFFMANN, Julie SANDERS and Chris STAHL, all of Bakersfield, California, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York .. the regularly elected otlicers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills. Maryland .. and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its otlice in Owings Mills. Maryland .. in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies and is now in force. IN WITNESS WHEREOF. the said Vice-President has hereunto subscribed his/her names and aflixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of November, A.O.2019. By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND On this 13th day of November. 2019, before the subscriber, a Notary Public of the State of Maryland. duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and ol1icers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said ofticer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such ofticer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Otlicial Seal the day and year first above written. Constance A Dunn, Notary Public My Commission Expires: July 9, 2023 HPS Mechanical, Inc. EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations. undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature ofa Secretary or an Assistant Secretary and the Seal of the Company may be atlixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUAL TY AND SURETY COMP ANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RE SOL YEO: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this _9t_h --day of January 2020 Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60 I 96-1056 www.reportsfclaims@zurichna.com 800-626-4577 HPS Mechanical, Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of KERN ---------------- On 01/09/2020 before me, ---------Mandie Mazer, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Johannah Griffith Name(s) ofSigner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. rJJ f '•. COMM. #2248724 )i>C---a•Lc:cceof>O<'>OOO ,,ia,,.:. ·• MANDIE MAZER tu ~ : e e NOTARY PUBLIC • CALIFORNIA ~ I certify under the PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KERN COUNTY el IQ • , , • My Comm. Exp. July 2, 202;J ~-----~----....... -~ WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary OPTIONAL ------------------------------ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Description of Attached Document Title or Type of Document: Bid Bond ----------------------------Document Date: 01/09/2020 Number of Pages: ----------------Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: □ Corporate Officer -Titles(s) _________________ _ □ Partner(s) □ Limited □ General □ Individual 3 Attorney in Fact D Trustee(s) D Guardian/Conservator D Other: --------------------------- Signer is Representing: Fidelity and Deposit Company of Maryland Name of Person(s) or Entity(ies) ________________ _ RIGHT THUMBPRINT OF SIGNER HPS Mechanical, Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _______ K_e"-r_n ____ _ On ____ 1 .... L-8~L2~0~2~0~--before me, Alma L. Martinez, Notary Public Date Here Insert Name and Title of the Officer personally appeared _S_co_t_t_D_e_n_H_e_rd_e_r _____________________ _ Name'ft4. of Signer~ who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/s~/t~ executed the same in his/6'-/t~ authorized capacity(~). and that by hi~/t~r signature(l!Q on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the instrument. v-,e oeee o oo •c e non CO"'( -1 a-·· ALMA L. MARTINEZ Ill Ul COMM. #2312467 Ill fl:. • NOTARYPIB.IC•CALIFORNIA {D IQ . KEAN COUNTY t,1 My Comm, Exp, Dec, 11, 2023.t l..+uoouceeecceeuee- Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signarure () ~ SignatuNotary Public ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: _1 /_9_/_2_0_2_0 ___ _ Number of Pages: ___ Signer(s) Other Than Named Above: n~o~n~e~·~---------- Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ LJ Corporate Officer -Title{s): ______ _ □ Partner -,J Limited □ General □ Partner -□ Limited D General □ Individual □ Attorney in Fact D Individual n Attorney in Fact [J Trustee [J Guardian or Conservator D Trustee □ Guardian or Conservator D Other: ______________ _ D Other: ______________ _ Signer Is Representing: ________ _ Signer Is R~presenting: ________ _ ~~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 HPS Mechanical, Inc. 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", "Sub- contractor", 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 per- cent 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 subcon- tractor 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 Bid- der's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-ha If of one percent (0.5%) or ten thousand do Ila rs ($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 mate- rials 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 sup- plied 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 District 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 pur- poses of award of the contract shall be determined by the Board of Directors in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the Board of Directors shall be final. Contractor is prohibited from performing any work on this project with a sub- contractor 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 re- quired 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. {'. HPS Mechanical, Inc. •ii' Job Order Contract (JOC) (Rev.Nov.2019) Page 37 of 59 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany All Job Order Proposals) JOB ORDER CONTRACT CONTRACT NO. JOC-935CA 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 sec- tion 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 subcon- tractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS* Subcontractor's Amount of Portion of Subcontractor Phone No. DIR License No. and Work by Work Name and and Email Registra-Classification Subcontrac- Location of Busi-Address tion No. tor in ness Dollars* t\.~~ Page _1_ of _J__ 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." {' •+;' Job Order Contract (JOC) HPS Mechanical, Inc. (Rev.Nov.2019) Page 38 of 59 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (TO ACCOMPANY PROPOSAL) JOB ORDER CONTRACT CONTRACT NO. JOC20-935CA 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 Agency to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Address Name and Phone Type of Amount Contract of the Employer No. of Person Work of Completed To Contract Contract un-(.joing u1,.; ;:,an uIego uavI0 tseIanicn Ul,.;;:iU JUG 1V1aIn Notto 9500 Gilman Drive dbelanich@ucsd.edu Campus General Civil exceed 2M La Jolla CA 92093 (858\ 354-6160 Maintenance & Uoarades February :m19 North County l ransIt District Greg Wellong Provided different servIcei 34UK 810 Mission Ave. gwellong@nctd.org as needed in different loc nr,:::,::,nc::irl,:::, r.A O')ni:;11 /7Rm QR7-?A<;7 thrn, ,nh n, ,t th,:::, !=:n r.n, ,nh On-Going Pacific Gas & Electric David Stubblefield UG utility work at various 2.3M 42010 Arrow St (559) 994-9182 locations throughout CA o~L-=r~fi~l,-l r.A a-:nnA ---------~---- l' •+;' Job Order Contract (JOC) (Rev.Nov.2019) HPS Mechanical, Inc. Page 39 of 59 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (TO ACCOMPANY PROPOSAL} JOB ORDER CONTRACT CONTRACT NO. JOC-935CA 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: 2<, Comprehensive General Liability :X Automobile Liability K 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 Li- ability 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, the Standard Specifications for Public Works Construction and the Supplemental 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 off site, whether owned, non-owned or hired, and whether scheduled or non-scheduled. l'\ •fr Job Order Contract (JOC) HPS Mechanical, Inc. (Rev.Nov.2019) Page 40 of 59 Pages BIDDER'S STATEMENT RE DEBARMENT {TO ACCOMPANY PROPOSAL) JOB ORDER CONTRACT CONTRACT NO. JOC-935CA 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name{s) of the agency{ies) and what was/were the period{s) of debar- ment{s)? Attach additional copies of this page to accommodate more than two debarments. N/A party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: HPS Mechanical, Inc. Scott DenHerder, Vice President {print name/title) Page __ of __ pages of this Re Debarment form l' •+;' Job Order Contract (JOC) HPS Mechanical, Inc. (Rev. Nov.2019) Page 41 of 59 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Bid) JOB ORDER CONTRACT CONTRACT NO. JOC-935CA ------ 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, Contrac- tors' 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? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? x 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? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to per- form any portion of the Work ever been stayed? X 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. N/A (If needed attach additional sheets to provide full disclosure.) Page __ of __ pages of this Disclosure of Discipline form ('\ •+;' Job Order Contract (JOC) HPS Mechanical, Inc. (Rev.Nov.2019) Page 42 of 59 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (TO ACCOMPANY PROPOSAL) JOB ORDER CONTRACT CONTRACT NO. JOC-935CA 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. N/A (If needed attach additional sheets to provide full disclosure.} BY CONTRACTOR: HPS Mechanical, Inc. Scott DenHerder, Vice President (print name/title} Page __ of __ pages of this Disclosure of Discipline form ,, • ._, Job Order Contract (JOC) (Rev. Nov.2019) HPS Mechanical, Inc. Page 43 of 59 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE 7106 JOB ORDER CONTRACT CONTRACT NO. JOC-935CA The undersigned declares: I am the Vice President of HPS Mechanical, Inc. 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 any- one 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 di- vulged 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 January 9 , 20-1.Q__ at Bakersfield [Agency], CA [state]. Signat~ l' •,;' Job Order Contract (JOC) (Rev.Nov.2019) HPS Mechanical, Inc. Page 44 of 59 Pages November 22, 2019 ADDENDUM NO. 1 {'cicyof Carlsbad RE: CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT JOB ORDER CONTRACT; JOC20-933CA, JOC20-934CA, JOC20-935CA This addendum--receipt acknowledged--must be included with your proposal documents at time of submittal. Failure to do so may disqualify the proposer. Eleida Felix Yackel Senior Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Propo~ Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t HPS Mechanical, Inc. January 3, 2020 ADDENDUM NO. 2 {'cicyof Carlsbad RE: CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT JOB ORDER CONTRACT; JOC20-933CA, JOC20-934CA, JOC20-935CA This addendum--receipt acknowledged--must be included with your proposal documents at time of submittal. Failure to do so may disqualify the proposer. Eleida Felix Yackel Senior Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Propo~ - Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t HPS Mechanical, Inc. ~RD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 04/09/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #0B29370 1-559-451-3200 CONTACT Certificates Department NAME: Edgewood Partners Insurance Center (EPIC) r.~~NJ_ c-,. 925-244~1100 I FAX fA/C No\: 925-901-0671 [Fresno Branch -Branch ID 15283] E-MAIL 5250 N. Palm Avenue, Suite 220 ADDRESS: epiccerts@epicbrokers.com INSURERfS\ AFFORDING COVERAGE NAIC# Fresno, CA 93704 INSURER A : ZURICH AMER INS CO 16535 INSURED INSURER B : TRAVELERS PROP CAS co OF AMER 25674 HPS Mechanical, Inc. INSURERC: ILLINOIS UNION INS co 27960 3100 E. Belle Terrace INSURER D: INSURER E: Bakersfield, CA 93307 INSURER F: COVERAGES CERTIFICATE NUMBER: 59025078 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ... ~., '""'" POLICY NUMBER fMM/DD/YYYY\ fMM/DD/YYYY\ LIMITS A X COMMERCIAL GENERAL LIABILITY GL00038114404 07/01/19 07/01/20 EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE ~ OCCUR DAMAGE TO RENTED -PREMISES fEa occurrence\ $ 1,000,000 X Contractual Liability MED EXP (Any one person) $ 10,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl POLICY ~ i;m, □LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP038114504 ~ 07/01/19 07/01/20 COMBINED SINGLE LIMIT /Ea accidentf $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ f-----OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS ONLY f-----AUTOS HIRED NON-OWNED iP~?~~ci~RAMAGE $ AUTOS ONLY AUTOS ONLY ~ f-----$ B X UMBRELLA LIAB M OCCUR ZUP14R7987919NF 07/01/19 07/01/20 EACH OCCURRENCE $ 5,000,000 ~ EXCESSLIAB CLAIMS-MADE AGGREGATE $ 5,000,000 OED I I RETENTION $ $ WORKERS COMPENSATION WC038114304 07/01/19 07/01/20 x I ~ffTuTE I I OTH-A AND EMPLOYERS" LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below C Pollution Liability CPYG71151219002 07/01/19 07/01/20 $5,000,000 0cc 10,000,000Agg $10,000 SIR DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) #2598 JOC20-934CA Sewer Pipeline Rehab & Replacement and Access Hole Replacement/ ADDITIONAL INSURED: City of Carlsbad, The Agency, its officials, employees and volunteers I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad CMWD: Carlsbad Municipal 1635 Faraday Ave. Carlsbad, CA 92008 I ACORD 25 (2016/03) MOrnelas-fres 59025078 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Water District ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA ~o.£L- © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE NAME OF INSURED: HPS Mechanical, Inc. Additional Description of Operations/Remarks from Page 1: Additional Information: DATE 04/09/2020 When required by written contract or agreement as respects the General Liability additional insured applies per form UGL1175CW 04/13. Primary wording and Waiver of Subrogation are included per form UGL1345BCW 04/13. When required by written contract or agreement as respects to Auto Liability, additional insured, primary wording and waiver of subrogation applies per form UCA424FCW 04/14. When required by written contract or agreement as respects to Workers Compensation, blanket waiver of subrogation applies per form WC040306 04/84 SUPP (05/04) Blanket Notification to Others of Cancellation or Non-Renewal Policy No. EfI Date of Pol. Exp. Date of Pol. Eff Date of End. Producer No. GLO0038114404 07 01/2019 07/01/2020 07/01/2019 15455000 • ZURICH' Add"L Prem Return Prem. INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-GL-1521-A CW (10/12) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Additional Insured -Automatic -Owners, Lessees Or Contractors Policy No. Eff Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem GLO0038114404 07/01/2019 07/01/2020 07/01/2019 15455000 INCL • ZURICH' Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: HPS MECHANICAL, INC. DBA: HPS PLUMBING SERVICES Address (including ZIP Code): 3100 E. BELLE TERRACE BAKERSFIELD, CA 93307 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW (04/13) Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV -Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV -Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-F CW (04/13) g General Liability Supplemental Coverage Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem. Return Prem. I GLO0038114404 07101119 I 07101120 07101119 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following changes apply to this Coverage Part. However, endorsements attached to this Coverage Part will supersede any provisions to the contrary in this General Liability Supplemental Coverage Endorsement. A. Broadened Named Insured 1. The following is added to Section II -Who Is An Insured: Any organization of yours, other than a partnership or joint venture, which is not shown in the Declarations, and over which you maintain an ownership interest of more than 50% of such organization as of the effective date of this Coverage Part, will qualify as a Named Insured. However, such organization will not qualify as a Named Insured under this provision if it: a. Is newly acquired or formed during the policy period; b. Is also an insured under another policy, other than a policy written to apply specifically in excess of this Coverage Part; or c. Would be an insured under another policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as a Named Insured only while you maintain an ownership interest of more than 50% in the organization during the policy period. 2. The last paragraph of Section II -Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. B. Newly Acquired or Formed Organizations as Named Insureds 1. Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain an ownership interest of more than 50% of such organization, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. An additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. U-GL-1345-B CW (04/13) Includes copyrighted material of Insurance Services Office, Inc., with its permission. 3. With respect to the insurance afforded to the vendor under this endorsement, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the vendor is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph E.1. above ( of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Para ra h E. shall not increase the a licable Limits of Insurance shown in the Declarations. F. Additional Insured -Managers, Lessors or Governmental Entity 1. Section II -Who Is An Insured is amended to include as an insured any person or organization who is a manager, lessor or governmental entity who you are required to add as an additional insured on this policy under a written contract, written agreement or permit, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omission of those acting on your behalf; and resulting directly from: a. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit; b. Ownership, maintenance, occupancy or use of premises by you; or c. Maintenance, operation or use by you of equipment leased to you by such person or organization. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. This provision does not apply: a. Unless the written contract or written agreement has been executed, or the permit has been issued, prior to the "bodily injury", "property damage" or offense that caused "personal and advertising injury"; b. To any person or organization included as an insured under Paragraph 3. of Section II -Who Is An Insured; c. To any lessor of equipment if the "occurrence" or offense takes place after the equipment lease expires; d. To any: (1) Owners or other interests from whom land has been leased by you; or (2) Managers or lessors of premises, if: (a) The "occurrence" or offense takes place after the expiration of the lease or you cease to be a tenant in that premises; (b) The "bodily injury", "property damage" or "personal and advertising injury" arises out of the structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (c) The premises are excluded under this Coverage Part. 3. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph F .1. above ( of this endorsement); or U-GL-1345-B CW (04/13) Includes copyrighted material of Insurance Services Office, Inc., with its permission. In the event a claim is made or "suit" is brought against more than one insured seeking damages because of "bodily injury" or "property damage" caused by the same "occurrence" or "personal and advertising injury" caused by the same offense, we will apply the Limits of Insurance in the following order: (a) You; (b) Your "executive officers", partners, directors, stockholders, members, managers (if you are a limited liability company) or "employees"; and (c) Any other insured in any order that we choose. U. Duties in the Event of Occurrence, Offense, Claim or Suit Condition The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV -Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to any insured listed under Paragraph 1. of Section II -Who Is An Insured or an "employee" authorized by you to give or receive such notice. Knowledge by other "employees" of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge. In the event that an insured reports an "occurrence" to the workers compensation carrier of the Named Insured and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. V. Other Insurance Condition Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV -Commercial General Liability Conditions are replaced by the following: 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Covera e Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b. Excesslnsurance (1) This insurance is excess over: (a} Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is property insurance, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is property insurance purchased by you (including any deductible or self insurance portion thereof) to cover premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you (including any deductible or self insurance portion thereof) to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; U-GL-1345-B CW (04/13) Includes copyrighted material of Insurance Services Office, Inc., with its permission. (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A -Bodily Injury And Property Damage Liability; or (v) That is property insurance (including any deductible or self insurance portion thereof) purchased by you to cover damage to: Equipment you borrow from others; or Property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy. (b) Any other primary insurance (including any deductible or self insurance portion thereof) available to the insured covering liability for damages arising out of the premises, operations, products, work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. (c) Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. W. Unintentional Failure to Disclose All Hazards X. Paragraph 6. Representations of Section IV -Commercial General Liability Conditions is replaced by the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: a. Fail to disclose all hazards existing at the inception of this policy; or b. Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. Waiver of Right of Subrogation I Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Commercial General Liability Conditions is replaced by the following: 8. Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss, we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured's performance begins, or when it is signed, whichever happens first. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-1345-B CW (04/13) Includes copyrighted material of Insurance Services Office. Inc., with its permission. Blanket Notification to Others of Cancellation or Non-Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. BAP038114504 07/01/2019 07/01/2020 07/01/2019 Add'I. Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Conmercial Autorrobile Coverage Part ZURICH Return Prem. A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CW (01 I 13) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP038114504 07/01/2019 07/01/2020 07/01/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured I 1. The following is added to the Who Is An Insured Provision in Section II -Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II -Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW (04-14) Includes copyrighted material of Insurance Services Office, Inc., with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. I P. Waiver of Transfer Of Rights Of Recovery Against Others To Us I The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos -Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto -World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW (04-14) Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 990643 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b. Negate the cancellation or non-renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The infonnation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 07/01/ l 9 -07 /0 l /20 Insured: HPS Mechanical Inc. Insurance Company: Zurich American Ins.Co. WC 990643 Policy No: WC038114304 Endorsement No. Premium$ (Ed. 01-13) Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. © 2012 Copyright National Council on Compensation Insurance, Inc. All Rights Reserved. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 040306 Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 mium otherwise due on such remuneration. Person or Organization ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION Policy #WC038114304 Effective 07/01/19 -07/01/20 WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Schedule Job Description % of the California workers' compensation pre- ,, • ., Job Order Contract (JOC) (Rev.Nov.2019) ATTACHMENT G CERTIFICATION AND FORMS Page 45 of 59 Pages CONTRACT PUBLIC WORKS This agreement is made this / :'.jCday of _ __..L__../--Y-'--=--=-A= ___ _, 2@, by and between the City of Carlsbad and/or Carlsbad Municipal Water Dist i t, California, a municipal corporation, (hereinafter called "Agency"), and HPS Mech;njcal lac. whose principal place of business is 3100 E Belle Terrace Bakersfield CA 93307 (hereinafter called "Contractor"). Agency and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract Documents for: JOB ORDER CONTRACT-CONTRACT NO. __ ~JO_C~2~P~-9~3~5-C~A ___________ _ The Contract is an indefinite-quantity contract for construction work and services. The Minimum Contract Value of Job Orders that the Contractor is guaranteed the opportunity to perform under this Contract is $25,000. The Maximum Contract Value is $1,000,000. The Contractor shall perform all work required, necessary, proper for, or incidental to completing the Scope of Work called for in each individual Job Order issued pursuant to this Contract for the Unit Prices set forth in the Construction Task Catalog® included in Contractor's proposal, and the following Adjustment Factors: Normal Working Hours Adjustment Factor 7:00 am to 5:00 p.m. Monday to Friday, except for Agency Holidays: 1.243 Other Than Normal Working Hours Adjustment Factor between 5:00 pm and 7:00 a.m. Monday to Friday, and all-day Saturday, Sunday and Agency Holidays: 1,389 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equip- ment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Con- tractor's Proposal, Bidder's Bond, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Noncollusion Declaration, Escrow Agreement, Release Form, the General Provisions, the Supplemental Provisions, the Job Order Contracting Special Provisions, the Construction Task Catalog®, the Technical Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Contract Documents, and all bonds for the Con- tract; all of which are incorporated herein by this reference. "' • ., Job Order Contract (JOC) (Rev. Nov.2019) Page 46 of 59 Pages Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indi- cated, 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 Agency will be the interpreter of the intent of the Contract Documents, and the Agency'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. The Agency will make one payment for all Job Orders that have a Job Order Completion Time of 45 days or less, or a Job Order Price of $25,000 or less. For all other Job Orders, the Agency may make partial, monthly payments based on a percentage of the work completed. Before submitting an Application for Payment (Final or Partial), the Contractor shall reach an agree- ment with the Project Manager concerning the percentage complete of the Scope of Work and the dollar value for which the Application for Payment may be submitted. 5. Independent Investigation. Contractor will make an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work of each Job Order, and is aware of those conditions. The Job Order Price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground con- ditions. Any information that may have been furnished to Contractor by Agency about underground conditions or other job conditions is for Contractor's convenience only, and Agency does not warrant that the conditions are as thus indicated. Contractor shall not rely on information furnished by Agency. 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 Agency, 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 Ill 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. Agency 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 Supplemental Job Order under the procedures described in this contract. {'\ •.-;' Job Order Contract (JOG) (Rev.Nov.2019) Page 47 of 59 Pages In the event that a dispute arises between Agency 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 sched- uled 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 Indus- trial 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 Agency Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post cop- ies 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. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and in- demnify and hold harmless the Agency, 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 con- nection 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 Agency. 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 Agency against any challenges to the award of the Contract to Contractor, and Contractor will pay all costs, including defense costs for the Agency. De- fense costs include the cost of separate counsel for Agency, if Agency requests separate counsel. Contractor shall also defend and indemnify the Agency 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 Agency. Defense costs include the cost of separate counsel for Agency, if Agency 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, ,, •+; Job Order Contract (JOC) (Rev.Nov.2019) Page 48 of 59 Pages employees or subcontractors. Said insurance shall meet the Agency's policy for insurance as stated in Resolution No. 91-403. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits in- dicted herein: a. Comprehensive General Liability Insurance: $2,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the Agency or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bod- ily 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. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 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 Agency. (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 Insur- ance contain, or are endorsed to contain, the following provisions. a. The Agency, 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 contrac- tor. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officials, employees or volunteers. All additional insured endorsements must be evidenced using 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 Agency, its offi- cials, employees and volunteers. Any insurance or self-insurance maintained by the Agency, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not con- tribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Agency, 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. ,, • ., Job Order Contract (JOC) (Rev.Nov.2019) Page 49 of 59 Pages (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 thirty {30) days' prior written notice has been given to the Agency 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 Agency. At the option of the Agency, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the Agency, 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 Agency 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-:V. 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 stand- ards specified by the Agency Council in Resolution No. 91-403. (H} Verification of Coverage. Contractor shall furnish the Agency 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 Agency and are to be received and approved by the Agency before the Contract is executed by the Agency. (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 Con- tract 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 the Supplemental Provisions I section. 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 Cali- fornia Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. l' •+;' Job Order Contract (JOC) (Rev.Nov.2019) Page 50 of 59 Pages (A) Assertion of Claims. Contractor hereby agrees that any Contract claim submitted to the Agency 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 Agency, 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 Agency 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 an- other jurisdiction is grounds for the Agency 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 Agency, 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 Agency by certified letter accompanying the return of this Contract. Contractor shall notify the Agency by certified mail of any change of ad- dress 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 Agency to secure performance of this Contract for any obligation estab- lished by this contract. Any other security that is mutually agreed to by the Contractor and the Agency may be substituted for monies withheld to ensure performance under this Contract. {'\ •ff Job Order Contract (JOC) (Rev.Nov.2019) Page 51 of 59 Pages 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause re- quired 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. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" or "Job Order Contracting Special Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: HPS Mechanical, Inc. or) Les DenHerder, President (print name and title) By: --=~=::...::..Ml~a,~~ (\~~~===• = (sign here) Susan DenHerder, Secretary (print name and title) City of Carlsbad and/or Carlsbad Municipal Water District, a municipal corporation of the State of California AA.ST: ,.,-. \)cvmafo!ZzrL✓~ ~rbara Engleson, City Clerk /Secretary 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 Agency Attorney/ General Council By: ~ Q. l. C));fo C KL-- Deputy AgencyAt~rney/ Deputy General Counsel {'\ •,;' Job Order Contract (JOG) (Rev.Nov.2019) Page 52 of 59 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ~ } County of ~y'] .LJ I e'...-3 6 On {llirc1A )!6-{{JlD before me.~Lflo U¼N"-e ~a::i~~>Wilef Ul~e, Date ~ !\ Here Insert Name and Title of the fficer personally appeared ;;k.s 'I).M+:r.r~ O,n A ~V) Ou, Af:,cck_,,c Name(s) of Signer(s) -----------------------------------------' who proved to me on the basis of satisfactory evidence to be t~erson@whose name@ bY'@~cribed to the within instrument and acknowled~ed ~e that tR9sbef ey xecuted the same inW~ authorized capacity~vand that by hiG~signature@on e instrument the person@) or the entity upon behalf of which-The person!§) acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatuce~c> U!Wk~ Signature of NotaryPublic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do Title or Type of D Document Date: ........,,.....__.<-4."-"-"LI....><:.,r=.-____.,.'---3..J._ _ __,----'=--=-=-------- Capacity(ies) Claimed by Signer(s) Signer's Name: -----'-,---------~-=--=~--□ Corporate Officer -Title(s): ----~""--=-- □ Partner -□ Limited □ General Signer's Name: c:::) □ Corporate Officer -Title(s): ---=======:0=::=---□ Partner -□ Limited □ General --.._____ □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Trustee □ Guardian of Conservator □ Other: Signer is Representing:----~-----__ □ Other: ~ Signer is Representing: ----===~-=x:_=--==:::,,...,=-------~ ©2017 National Notary Association LABOR AND MATERIALS BOND JOB ORDER CONTRACT CONTRACT NO. JOC20-935CA BOND NO. 9317167 PREMIUM INCLUDED WHEREAS, the .ifY Council/ Board of Directors of the Agency in the State of California, by Resolution No. Ht~~ , adopted 1'! bVll9~ ?-SJ '2-0'ZO , has awarded to HPS Mechanical Inc. (hereinafter designated as the "Principal"), a Contract for: Job Order Contract -Contract No. JOC20-935CA , in the City of Carlsbad, in strict conformity with the drawings and spec- ifications, and other Contract Documents now on file in the Office of the City Clerk/ Secretary of the Agency 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 perfor- mance 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, TH ERE FORE, WE, ----~H~P~S~M~ec=h~a~n~ic~a ..... l,~l~nc-._--------~· as Principal, (hereinafter designated as the "Contractor"), and FtoEuTYANDDEPo5,rcoMPANvoFMARYLANlt)s Surety, are held firmly bound unto the Agency in the sum of ONE MILLION AND NO/100 Dollars($ 1,000,000.00 ), said sum being an amount equal to: One hundred percent (100%) of the Maximum Contract Value of the contract by the Agency, 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 per- formance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment In- surance 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 Un- employment 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 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, 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 thereunder or the specifications accompanying the ('\ • ., Job Order Contract (JOC) (Rev.Nov.2019) Page 53 of 59 Pages 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. 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. SIGNED AND SEALED, this ----'2=8.a..:.TH..;._ ___ day of FEBRUARY 20 20 ' -- _H_P_S_M_E_C_H_A_N_IC_A_L,_IN_c_. _______ (SEAL) (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SEAL) (Surety) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney I General Council By: {'\ • ., Job Order Contract (JOC) (Rev.Nov.2019) Page 54 of 59 Pages ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN HY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPAl\Y. a eorporation of the State of New York. the COLONIAL AMERICAN CASUAL TY AND SURETY COMP ANY. a corporation of the State of Illinois. and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein colh:ctivdy called the "Companies"), by Robert D. Murray, President, in pursuane<.: of authority granted by Article V. Section 8, of the By-Laws of said Companies. which arc set forth on the reverse side hcn:of and arc hereby certified to be in full force and effect on the dat.: hereo[ do hereby nominate, constitute. and appoint, Wes BRADFORD, Elizabeth AGUINAGA, Johannah GRIFFITH, Lorinda HOFFMANN, Julie SANDERS and Chris STAHL, all of Bakersfield, California, its true and lawfol ag.:nt and Attorney-in-Fact. to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertaking, in pursuance of these presents, shall be as binding upon said Companies, as fully and amply. to all intents and purposes. as if they had been duly executed and acknowledg.:d by the regularly elected ot1icers of the ZURICH AMERJCAN INSURANCE COMPANY at its orticc in New York. New York., the regularly elected oflicer, of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office: in Owings Mills. Maryland., and th.: regularly ckctcd otliccrs of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills. Maryland .. in their own prop.:r persons. The said Vice President docs hereby certify that the .:xtracl sd forth on the rcv.:rsc sid.: hereof is a true copy of Article V. Section 8. of the By-Law, of said Companies and is now in force. IN WITNESS WI IEREOF. the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICA:'11 INSURANCE COMPANY, COLONIAL Al\lERICA;',J CASUAL TY AND SURETY COMPANY, anti FIDELITY AND DEPOSIT COMPANY OF MARYLAND. this 13th day of November. A.D. 2019. Hy· Roher! /J. ,\411rrczr f'ice /'re.1ic/,:nt Hy: !>mrn E. Hrli\rn Secre/c)J:l" ZURICH AMERICAN INSURANCE COMPA'.'iY COLONIAL A'.\tERICA'.'i CASl;ALTY A'.'ID SURETY COMPANY FIDELITY AND DEPOSIT CO'.\IPANY OF MARYLA:'\D State of Maryland County of Baltimore o;, this 13th day o!"Nowmber. 2019. before the subscriber. a :\otary Public ol"thc State of Maryland. duly commissioned and qualified. Rohert D. '.\lurruy. \'ice Presiilcnt and Dawn E. Brown, Secretary of the Cnmpanics. to me personally known to be the individuab and oflicers ck-scribed in and who exccutL'{I the preceding instrument. and acknowledged the execution or same. and being hy me duly sworn. dcposeth and saith. that he/she is the said otli<:cr of the Company aforesaid. and that the seals affixed to the prccc'{ling instrument arc the Corporate Seals of said Companies. and that the said Corporate Seals and the signature as such ul"liccr ,wrc duly aflixcd and suhscrihcd lo the said instrument by the authority and direction of the said Corporations. 1:-.i TESTIMONY WHEREOF. I ha,c hereunto set my hand and aflixed my Oflicial Seal the day and year first ab,n·c written. ,1·\1111,, ... ,'' •.·•: ...,,·._.,··.· . ,'.'i ' ... Constance A. Dunn. Notary Public My Commission Expires: July 9. 1023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V. Section 8. Attorneys-in-Fact. The Chief Executive Olliccr, the President. or any Executive Vice President or Vice President may. hy writtcn instrument under the attested coq1nrate seal, appoint attorneys-in-fact with authority to execute bonds. policies. recognizances. stipulations. undertakings. or other like instruments on behalf of the Company, and may authorize any oiliccr or any such attorney-in-fact to aftix the coq1oratc seal thereto: and may with or \Vithout cause modify of revoke any such appointment or authority at any ti1nl!.11 CERTIFICATE L the undersigned. Vier President of the ZURICH AMERICAN INSURANCE COMPANY, th<.: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do hereby certify that the foregoing Power of Attorn..:y is still in lull force and .:fleet on the date of this certificate: and I do further certify that Article V. Section 8. of the I3y-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICII AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. Rl'SOL VU): "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall he valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. and the following r<.:solution of the I3oard of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I 0th day of May. 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduccd signature of any Vicc-Pn:sidcnt, Secretary. or A,sistant Secretary of the Company. whcthcr madc hcrctoforc or hcrcatier, wherever appearing upon a ccrtitied copy of any powcr of attorney issued by the Company. shall be valid and hinding upon thc Company with the same force and ctket as though manually af1ixed. IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporatc seals of the said Companies. this~-day of FEBRUARY ~ j '. ·,•/1·/, ./ II) _) r,,.11( /' J Brian M. Hodges. Vice Prcsidcnt TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAI\1. INCLUDING THE PRl!\"CIPAL 01'" THE BO!\"D, THE BOND NU.\1BER, AND YOUR CONTACT INFORMATIOl\ TO: Zurich Surety Claims 1299 Zurich Way Schaumburg. IL 60 I %-1056 \I\\ 11 .1·cport, iclai11N,1 ,1um: hna.cum 800-626-4577 ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of KERN ----------------- On 02/28/2020 before me, Sarni D. Hardin, Notary Public Date Name and Title ofOfiiccr (e.g., "Jane Doc, Notary Public") personally appeared Johannah Griffith Name(s) ofSigncr(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrnment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrnment the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument. ~ ~a·-.. SAMI D. HARDIN ~ r/l I , COMM. #2164831 ~ ! lb t NOTARY PUBLIC• CALIFORNIA ~ ~ ' KERN COUNTY ij' ~ Place Notary Seal Above OPTIONAL ------------------------------ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Description of Attached Document Title or Type of Document: _P_er_fi_o_rm_a_n_ce_/_P_a_._y_m_e_n_t_B_o_n_d _________________ _ Document Date: 02/28/2020 ________ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Corporate Officer -Titles(s) _________________ _ Partner(s) Limited General _ Individual 2 Attorney in Fact --: Trnstee(s) :: Guardian/Conservator Other: ---------------------------- Signer is Representing: __ .=...F=id=e""l;:.:;it.,__y....:;a=n=-=d;...:D=ep"-o=s::.:i-=--t ~Cc...::o~m:..:..p""a==n..:.y<-=-o-=--f--'M-'-'-"'a;:..,ry'-'l=a=n=d Name of Person(s) or Entity(ies) ------------------- RIGHT THUMBPRINT OF SIGNER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of ~Y] bt '=60 On~ ;}"~ 70XJ before me.iKlo<MM~ Wint'.\£-Afrr1s+r~) Kl?:Wflf (ub/24 Date ~ Here Insert Name and Titte5f the Officer personally appeared ------'fl=R-=....._s._lic::u::.=.. __ Qw=-::..L..J.--'~.______,___._&,<"""'---'--------------- Name(s) of Signer{)1) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s;gnatuce ~-o l£!1J!flL-,Ar~ ., Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document n. _ · (J....._,.,. j Title or Type of Document: f'itJ.l,ful ~Mr~ ./!w..«o. ili½f t.OC✓ Document Date: (e;x,AO.<lt a_~-H,,, !l.r::2J_Q ---e..,___ NumberofPages: _ _,_2',<_. __ Signer(~ Other Than Named Above: --===================--d!!,~--=====- Capacity~) Claimed by Signer~ Signer's Name: ---~-------~--□ Corporate Officer -Title(s): 9-::: Signer's Name: □ Corporate Officer -Title(s): ----Q___ C) □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Trustee □ Guardian of Conservator o Other: D □ Other: -0 Signer is Representing:----====:!:=~~-Signer is Representing: ---~==c:;,-====-- • ©2017 National Notary Association BOND NO. 9317167 PREMIUM $9,825.00 FAITHFUL PERFORMANCE/WARRANTY BOND JOB ORDER CONTRACT CONTRACT NO. JOC20-935CA WHEREAS, the City Council/ Board of Directors ofthe Agency in the State of California, by Resolution No. Ua3~ , adopted Fe hrUQf'!j ;)S-1 ?,() "JO , has awarded to HPS Mechanical loc. (hereinafter designated as the "Principal"), a Contract for: Job Order Contract -Contract No. JOC2O-935CA in the City of Carlsbad, in strict conformity with the contract, the draw-ings and specifications, and other Contract Documents now on file in the Office of the City Clerk / Secretary of the Agency, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, HPS Mechanical Inc. as Principal, (hereinafter designated as the "Contractor"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held and firmly bound unto the Agency in the sum of ONE MILLION AND No1100 Dollars($ 1.000 000.00 ), said sum being equal to one hundred percent (100%) of the Maximum Contract Value of the Contract, to be paid to Agency 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, ex- ecutors, 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 Agency, 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, in- curred by the Agency 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 oftime, alteration or addition to the terms of the Contract, or to the work to be performed thereunder 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. l"\ •~ Job Order Contract (JOC) (Rev.Nov.2019) Page 55 of 59 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. SIGNED AND SEALED, this _ _.a:;.28;;..;.T.;..;H ____ day of __ F_E_BR_U_A_R_Y ________ , 20.2Q__ (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney / General Council By: ('\ ._, Job Order Contract (JOC) (Rev.Nov.2019) y/ Deputy General Counsel Page 56 of 59 Pages ZURICH AMERICAN INSURA\ICE COMPANY COLO'.\IIAL AMERICAN CASUALTY AND SURETY COMPA'.'IY FIDELITY A'.\ID DEPOSIT COMPA\IY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPAl\Y. a corporation nfthe State of New York. the COLONIAL AMERICAN CASUAL TY AND SURETY COMP ANY. a corporation of the State of Illinois. and the FIDELITY AND DEPOSIT COMPANY OF MARYLA;';D a corporation of the State of Illinois (herein collectivdy called the "Companies"), hy Robert D. l\forray, President, in pursuance of authority granted hy Article V. Section 8, of the By-Laws of said Companies, which arc set forth on the reverse side hereof and an: hereby certified to be in full force and effect on the date hereof do hereby nominate. constitute. and appoint, Wes BRADFORD, Elizabeth AGUINAGA, Johannah GRIFFITH, Lorinda HOFFMA'.'IN, Julie SANDERS and Chris STAHL, all of Bakersfield, California, its trne and lawfol agent and Attorney-in-Fact. to make. execute, seal and deliver. for. and on its belrnlfas surety. and as its act and deed: any and all bonds and undertakings. and the execution of such bonds or undertakings in pursuance of these presents. shall be as binding upon said Companies. as fully and amply. to all intents mid purposes. as if they had been duly executed and acknowledged by the regularly elected oilicers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York. New York .• the regularly elected ot1icers of the COLONIAL AMERICAN CASUALrr· AND SURETY COMPANY at its office in Owings Mills. Maryland .. and the regularly elected otfo:crs of the FIDELITY AND DEPOSIT COMPANY OF MARYL~'\JD at its oflice in Owings Mills. Maryland .. in their own proper persons. The said Vice President docs hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V. Section 8. of the By-Laws of said Companies and is now in force. IN WJTNESS WIIEREOF. the said Vicc-Prcsidcnt has hereunto subscribed his·hcr names and aftixcd the Corporate Seals of the said ZURICH AMERICA'.'I INSURANCE COMPA\IY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND. this 13th day ofNovembcr. A.O.2019. Hy: Roher! n. A!urruy T'ice l'reside171 By: /)mrn F Rrmrn Secretw:r State of Maryland County of Baltimore ZURICH AMERICA:'/ JNSL'RANCE COMPA'ff COLONIAL A'\lERICA:', CASlALTY A'.\D SURETY COMPANY FIDELITY AND DEPOSIT CO'.WPANY OF \IARYLA'.\D On this 13th day ofNO\·emhcr. 2019. hcforc the subscriher. a ~otary Puhlic of the State of Maryland. duly commissioned and qualitic'<I. Rohert D . .l\lurray. \'ice President and Dawn E. Brown, Secretary of the Cnmpanies. to me personally known to be the individuab and officers described in and \\·ho cxecutc'<l the preceding instrument. and acknowledged the execution of same. and being by me duly sworn. deposeth and saith. that he.'she is the said ol1Jccr of the Company aforesaid. and that the seals affixed to the precc'l:ling instrnment arc the Corpnratc Seals of said Companies. and that the said Corporate Seals and the signature as such onicer were duly affixed and suhscrihed to the said instrument by the authority and direction of the said ( ·orporatinns. I~ TESTIMONY WHEREOF. I ha,e hcreunln sd my hand and affixed my Ofl,cial Seal the day and year first above written. ,,· •' \ \, \ 1 I ~ I •-~ '. , . Constance A. Dunn. Notary Public My Commission Expires: July lJ. 202:l EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may. hy written instrument umkr the attested corporate seal, ;ippoint attomc:ys-in-fact with authority to execute hond,. policies, recognizances. stipulations. umkrtakings. or other like instruments on behalf of the Company, and may authorize any onicer or any such attorney-in-fact to affix the corporate seal thereto: and may with or without cause modify of revoke any such appointment or authority at any ti1nc.11 CERTIFICATE I. the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SuRETY COMPANY. and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do herehy certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate: and I do further certify that Article V. Section 8, of the By-Laws of the Companies is still in force. Thi, Po\\·er of Attorney and Certificate may be signed by fac,imile under and by authority of the following resolution of the Board of Directors of the ZURICII AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. Rl'SOLVl'D: "That the signature of the President or a Vice President and the attesting signature ofa Secretary or an Assistant Secretary and the Seal of the Company may be al1ixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of th.:: Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May. I 994. and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMP ANY OF MARYLAND at a meeting duly called and held on the I 0th day of May, 1990. RE SOL YEO: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduc1.:d signature of any Vice-President, Secretary. or As,istant Secretary of the Company. whether made heretofi.)re or hcreatier. wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and hinding upon the Company with the same force and eftect as though manually af!ixcd. IN TESTIMONY WHEREOF. l have hereunto subscribed my name and affixed the corporate seals of the said Companies, this~-day of FEBRUARY 2020 j .. ·. j 11' 1·-1•-·;1' rd . _) ,,, . . Brian M. !lodges. Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BO1\D, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAI~f INCLUDING THE PRI!\"CIPAL ON THE BOJ\"D, THE BOND NUMBER, AND YOUR CONTACT INFORM A TIO!\ TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 601%-1056 W\\'\\. rep, irts le la i m,,11 ;uric hna.cum 800-626-4577 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _K_E_R_N ____________ _ On before me, ---------02/28/2020 Sarni D. Hardin, Notary Public Dute Name and Title ofOfJicer (e.g., "Jane Doc, Notary Public") personally appeared Johannah Griffith Name(s) ofSigner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instmment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~@s 1'-1 ,, 'T AMI D. HARDIN 00; , •. COMM. #2164831 (t1 ti: · • • NOTARY PUBLIC • CALIFORNIA ~ I certify under the PENALTY OF PERJURY under the laws of the State of California that th foregoing paragraph is true and coITect. Ql ' KERN COUNTY 00 ~ Place Notary Seal Above OPTIONAL ------------------------------ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Description of Attached Document Title or Type of Document: Performance/Payment Bond ------~----------------------Document Date: 02/28/2020 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Corporate Officer -Titles(s) __________________ _ Partner(s) Limited General . Individual 2 Attorney in Fact -Tmstee(s) = Guardian/Conservator Other: ---------------------------- Signer is Representing: ___ F_id_e_l_it.,._y_a_n_d_D_ep._o_s_i_t _C_o_m __ p.,_a_n_y~o_f _M_a_ry_l_a_n_d Name of Person(s) or Entity(ies) ------------------- RIGHT THUMBPRINT OF SIGNER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of On -'-lt--ll.a.:...::::~.....,--'!C..._.--=--_-:....,__..>.....:,..,,==4:'-""-ii<C...-_-_-be-fo-re_m_e_, .,~frK~ Willf\£ ~allt d)~{l,6/,2,~ Date ~ Here Insert Nameandritk o4e Officer personally appeared ____ -;u.;,~""":5_,_,/...,i,e, ..... ,_De~""'-~ .......... ~.=..,_ ...... r:k:.........,,,c'-'---____________ _ Namet,,J..of Signer(# ______________________________ _s:;z_ ___ _ :::::::---..... ' who proved to me on the basis of satisfactory evidence to be the person~ whose name~oPe subscribe~ to the within instrument and acknowledged to me tha~U,ey executed the same in~tA,e<ff authorized capacity(i9G), and that by~~ signature!,8} on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the instrument. , o, '• ALEXANDRIA LEANNE ARMSTRONG : ···• '; Notary Public • California z -San Diego County ;' \~~'Pi/ Commi5sion # 2273103 - My Comm. Expires Dec 25, 2022 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature }hl/(){lb:Q.o LiAflM d[MSM"o/- Signature of NotaryPublic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Gi.td!JLul Qu--Cxcnana., a:;c..u{)1oht Good --:rcx_w.-q3q;f} DocumentDate:R,ry:1Atu1y 2li+I,,. 1.f)W NumberofPages: __ 8 __ _ Signer~ Other Than Named Above: --==============================::::. Capacity(ies)-Claimed by Sign~ Signer's Name: -------~----~=--□ Corporate Officer -Title(s): Q □ Partner -□ Limited □ General Signer's Name: □ Corporate Officer -Title(s): ---==='<:s:::..-----=-- □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Trustee □ Guardian of Conservator □ Other: □ Other: ~ c::;:; C:, Signer is Representing: ~ • ©2017 National Notary Association