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Roy Allan Slurry Seal Inc; 2018-07-26; PWS18-435TRAN
Project: 6001-1 BSS, 2018 Slurry Seal Change Order No. 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 01 PROJECT: 6001-18SS, 2018 Slurry Seal CONTRACT NO. 6001-18SS P.O. NO. P136358 ACCOUNT NO. 15370009060600169066 CONTRACTOR: Roy Allan Slurry Seal ADDRESS: 11922 Bloomfield Avenue Santa Fe Springs, CA 90670 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Item 2: Item 3: Item 4: Item 5: Use Scythe brand organic herbicide approved for use under the City's new Integrated Pest Management Plan. Increase to contract cost. ................................................................. $1,500.00 Raise fourteen (14) valve can lids to grade in the project area at the field direction of the Project Inspector. Increase to contract cost. ................................................................ $16,506.80 Change striping on Poinsettia Lane at Melrose per revisions provided by Carlsbad traffic division and as directed by the Project Inspector in the field. Increase to contract cost. ................................................................. $3,089.35 Increase Bid Item 6, Crack Seal by 2,145 LF@ $0.58/LF. Increase to contract cost ................................................................. $1,244.1 O Decrease Bid Item 8, Type 1 Slurry by 52 EL T @ $251.19/EL T. Decrease to contract cost ............................................................. ($13,061.88) Project: 6001-18SS, 2018 Slurry Seal Change Order No. 1 Item 6: Decrease Bid Item 9, Type 2 Slurry by 60 EL T @ $224.62/EL T. Decrease to contract cost ............................................................. ($13,477.20) TOTAL INCREASE TO CONTRACT COST .................................................... ($4,198.83) TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY TWENTY-THREE (23) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. THE NEW CONTRACT COMPLETION DATE IS JUNE 3, 2019. THIS IS THE FINAL CHANGE ORDER FOR THE CONTRACT AND CONSTITUTES A FINAL SETTLEMENT OF ALL ISSUES AND CLAIMS RELATING TO ANY CHANGES IN THE WORK, WHICH IS THE SUBJECT OF THIS CHANGE ORDER, INCLUDING, BUT NOT LIMITED TO ALL DIRECT AND INDIRECT COSTS ASSOCIATED WITH SUCH CHANGES AND ALL ADJUSTMENT TO THE CONTRACT PRICE AND CONTRACT TIME. (DATE) 7-l~-I~ (DATE) i/,/1? (DATE) /J-/3·./1 (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2019-0322121 1111111 !1111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Aug 02, 2019 12:48 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0.00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: n/a ~~-------- NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on June 3, 2019. 6. The name of the contractor for such work or improvement is Roy Allan Slurry Seal, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 6001-18(SS), 2018 Slurry Seal. 8. The street address of said property is on various streets in the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on J"u }~ '30 , 20~, accepted the above described work as completed and ordered tha Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on JU~ 3 / , 20 / e,, at Carlsbad, California. CITY OF CARL~ {or ---1.:z2...-~--=-~..r£..~----"~==----.1H~e~ciULL.Q1 Gome--; BARBARA ENGLESON Depvl'-{ c,·1~ C/e!K City Clerk V U Q:\Public Works\PW Common\CAPITAL-ACTIVE\6001-18(SS) 2018 Slurry Seal\NOC.doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Roy Allan Slurry Seal, Inc. has completed the contract work required for Project No. 6001-18(SS). 2018 Slurry Seal. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE Slurry seal on various city streets $980,093 CERTIFICATION OF COMPLETION OF IMPROVEMENTS Date' CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. ~ Scott Cha~anager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By: __ ~-=} =------=c.-~'----- Deputy City Attorney Q:\Public Works\PW Common\CAPIT AL-ACTIVE\6001-18($S) 2018 Slurry Seal\APl.doc CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENT AL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR 2018 SLURRY SEAL CONTRACT NO. 6001-lSSS BID NO. PWS18-435TRAN ., \.+;' Revised 7/19/17 Contract No. 6001-1 BSS Page 1 of 112 Pages TABLE OF CONTENTS NOTICE INVITING BIDS ............................................................................................................ 5 CONTRACTOR'S PROPOSAL ................................................................................................. 10 BID SECURITY FORM ............................................................................................................. 16 BIDDER'S BOND TO ACCOMPANY PROPOSAL .................................................................... 17 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM ............. 18 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS ................................................................................................................................ 20 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE .................................. 21 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION .... 22 BIDDER'S STATEMENT RE DEBARMENT .............................................................................. 23 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD .............................................................. 24 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ............................................................................................................ 26 CONTRACT PUBLIC WORKS .................................................................................................. 27 LABOR AND MATERIALS BOND ............................................................................................. 34 FAITHFUL PERFORMANCE/WARRANTY BOND .................................................................... 37 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION .39 GENERAL PROVISIONS SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS .................................................................................................................................... 42 1-3 ABBREVIATIONS ..................................................................................................................... 46 1-4 UNITS OF MEASURE ............................................................................................................... 49 1-5 SYMBOLS ................................................................................................................................ 50 SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT .............................................................................. 50 2-2 ASSIGNMENT ......................................................................................................................... 50 2-3 SUBCONTRACTS ..................................................................................................................... 51 2-4 CONTRACT BONOS ................................................................................................................. 52 2-5 PLANS AND SPECIFICATIONS ................................................................................................. 53 2-6 WORK TO BE DONE ................................................................................................................ 57 2-7 SUBSURFACE DATA ................................................................................................................ 57 2-8 RIGHT-OF-WAY ...................................................................................................................... 57 2-9 SURVEYING ............................................................................................................................ 57 2-10 AUTHORITY OF BOARD AND ENGINEER ................................................................................ 58 2-11 INSPECTION ............................................................................................................................ 59 ,, •f' Revised 7/19/17 Contract No. 6001-18SS Page 2 of 112 Pages SECTION 3-CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR ....................................................................... 59 3-2 CHANGES INITIATED BY THE AGENCY .................................................................................... 59 3-3 EXTRA WORK ......................................................................................................................... 61 3-4 CHANGED CONDITIONS ......................................................................................................... 63 SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP ......................................................................................... 68 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE .................................................. 72 SECTION 5 -UTILITIES 5-1 LOCATION .............................................................................................................................. 73 5-2 PROTECTION .......................................................................................................................... 73 5-3 REMOVAL. .............................................................................................................................. 74 5-4 RELOCATION .......................................................................................................................... 74 5-5 DELAYS ................................................................................................................................... 75 5-6 COOPERATION ....................................................................................................................... 75 SECTION 6-PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK ........................................... 75 6-2 PROSECUTION OF WORK ....................................................................................................... 79 6-3 SUSPENSION OF WORK .......................................................................................................... 80 6-4 DEFAULTBYCONTRACTOR .................................................................................................... 80 6-5 TERMINATION OF CONTRACT ................................................................................................ 81 6-6 DELAYS AND EXTENSIONS OF TIME ....................................................................................... 81 6-7 TIME OF COMPLETION ........................................................................................................... 82 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY ..................................................................... 83 6-9 LIQUIDATED DAMAGES .......................................................................................................... 84 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION ................................................................ 84 SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES ....................................................................... 84 7-2 LABOR .................................................................................................................................... 85 7-3 LIABILITY INSURANCE ............................................................................................................. 85 7-4 WORKERS' COMPENSATION INSURANCE .............................................................................. 85 7-5 PERMITS ................................................................................................................................. 85 7-6 THE CONTRACTOR'S REPRESENTATIVE .................................................................................. 86 7-7 COOPERATION AND COLLATERAL WORK .............................................................................. 86 7-8 PROJECT SITE MAINTENANCE ................................................................................................ 87 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS ......................................... 88 7-10 PUBLIC CONVENIENCE AND SAFETY ...................................................................................... 89 7-11 PATENT FEES OR ROYALTIES .................................................................................................. 96 7-12 ADVERTISING ......................................................................................................................... 96 7-13 LAWS TO BE OBSERVED ......................................................................................................... 96 7-14 ANTITRUST CLAIMS ................................................................................................................ 96 SECTION 8 -FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL ................................................................................................................................ 96 l' •;;' Revised 7/19/17 Contract No. 6001-1 BSS Page 3 of 112 Pages SECTION 9 -MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK ..................................................... 97 9-2 LUMP SUM WORK ................................................................................................................. 97 9-3 PAYMENT ............................................................................................................................... 97 9-4 BID ITEMS ............................................................................................................................. 101 SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 203 -BITUMINOUS MATERIALS 203-3 EMULSIFIED ASPHALT .......................................................................................................... 102 203-5 SLURRY SEAL. ....................................................................................................................... 103 203-6 ASPHALT CONCRETE ............................................................................................................ 103 203-15 ASPHALT PAVEMENT CRACK SEALANTS .............................................................................. 103 SECTION 210 -PAINT AND PROTECTIVE COATINGS 210-1 PAINT ................................................................................................................................... 103 SECTION 214 TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 214-6.4 RETROREFLECTIVE PAVEMENT MARKERS ........................................................................... 104 ' SUPPLEMENTAL PROVISIONS TO "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 302-ROADWAY SURFACING 302-14 ASPHALT PAVEMENT REPAIRS AND REMEDIATION ............................................................ 108 SECTION 310-PAINTING 310-5 PAINTING VARIOUS SURFACES ............................................................................................ 109 SECTION 314-TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKER 314-5 PAVEMENT MARKERS .......................................................................................................... 110 SECTION 315-TEMPORARY TRAFFIC CONTROL DEVICES 315-1 TEMPORARY TRAFFIC PAVEMENT MARKERS ...................................................................... 111 315-2 TEMPORARY TRAFFIC SIGNING ............................................................................................ 112 315-4 MEASUREMENT AND PAYMENT .......................................................................................... 112 l'\ •+; Revised 7/19/17 Contract No. 6001-18SS Page 4 of 112 Pages June 12, 2018 ADDENDUM NO. 2 RE: 2018 Slurry Seal Project Contract No. 6001-18SS BID NO. PWS18-435TRAN {'city of Carlsbad Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be included to your bid when your bid is submitted. ~~ ~~ Felix Yackel ~ Senior Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Signature Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t June 11, 2018 ADDENDUM NO. 1 RE: 2018 Slurry Seal Project Contract No. 6001-lSSS BID NO. PWS18-435TRAN Ccityof Carlsbad Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be included to your bid when your bid is submitted. ~~ ~~ Felix Yackel ~ Senior Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 ~- Bidder's Signature Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on June 19, 2018, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Slurry seal various streets throughout the City. 2018 SLURRY SEAL CONTRACT NO. 6001-18SS PWS18-435TRAN INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Public Works Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. l'\ -~ Revised 7/19/17 Contract No. 6001-1 SSS Page 5 of 112 Pages BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1 . Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure of Discipline Record 10. Escrow Agreement for Security Deposits - ( optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $807,400. TIME OF COMPLETION The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIAL TY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not include federal funds. The following classifications are acceptable for this contract: A: General Engineering or C-12: Earthwork and Paving. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the 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 ,, •f' Revised 7/19/17 Contract No. 6001-18SS Page 6 of 112 Pages to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as herein before specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the 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 City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. PRE-BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. l'\ • ., Revised 7/19/17 Contract No. 6001-18SS Page 7 of 112 Pages ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 ( commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. ,, • ., Revised 7/19/17 Contract No. 6001-18SS Page 8 of 112 Pages BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2018-064, adopted on the 8th day of May, 2018. May 14, 2018 Date Acting Deputy Clerk {'\ •+;' Revised 7 /19/17 Contract No. 6001-1 SSS Page 9 of 112 Pages CITY OF CARLSBAD 2018 SLURRY SEAL CONTRACT NO. 6001-1 SSS CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 6001-1 BSS in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 1 Mobilization at Stipulated $25,000 $25,000 Twenty-five thousand dollars Dollars Stipulated 2 Public Notification of Work at 1 Lump Sum $~,:X,.t-0 ~~J~ltll Dollars Lump Sum 3 Traffic Control and Traffic 1 Lump Sum $1~!"20.#0 Control Plan at Se!~ ~~~Jt.~ ~rt,& ~~ JA.,J. ~~ Dollars Lump Sum ' 4 Remove Thermoplastic and 1 Lump Sum $~,li'",a.t!JcJ RPM's at ' li~~~~~ ,, • ., Revised 7/19/17 Contract No. 6001-1 BSS Page 10 of 112 Pages Approximate Item Quantity Unit Price Total Amount No. Descri(2tion And Unit (Figures) (Figures) 5 2-inch Depth AC Cold Mill and 112,000 $2..'7 I $~~S2cl·d.J Replace with conv. AC at Square Feet ~Q Jril\.lrJ ~,w,d,q ~~ ... ttAl'tJ ~ per Square Foot 6 Crack Seal at 75,700 $ i!:.t $ c-t~'t~.ov fi~ 2~1A±:: ~ll Linear Feet ~lier per Linear Foot 7 Protect utility covers, 1 Lump Sum $2,~oo.co manholes, and vaults in place at ..{).:, .L ~d=U~~ll·~-J ~, .. ~--'d,.. Dollar~ Lump ~um 8 PM CQS-1h Emulsion-570 ELT $~~,. 1"1 $}..f'&. 11r.io Aggregate Slurry Type 1 I w/2.5% Latex at ~ per Extra Long Ton 41 9 PM CQS-1h Emulsion-1,125 ELT $2'L-'i,'2.... $tS'¼'" ?.So Aggregate Slurry Type 2 w/2.5% Latex at ~~~ ~ per Extra Dm~ 10 Temporary Pavement Markers 1 Lump Sum $~800-rtO at ~J:l.\,wl e4 -,1i+- Dollars Lump Sum 11 Striping, Thermo and RPMs 1 Lump Sum $ 'l?i,g,,.~ per Plans and Caltrans Details at fr1~~~ ~'-'~ ~~ ~~Id! 1flA-'-i-~ Dollars Lump Sum• ,, • ., Revised 7/19/17 Contract No. 6001-1 BSS Page 11 of 112 Pages Item No. Description 12 Blue Fire Hydrant Reflective Pavement Markers at fuv: Dollars Each Approximate Quantity And Unit 100 Each Unit Price (Figures) $ 'f .oo Total Amount (Figures) Total amount of bid in words: µ\~ ~.,J.~ e ,~ h~ ~oc: "':Yw,.~ \1No ~1r1A b1½ "'1 o~< du\k1r-.J 0 .. d~,l4J~ Ce,,ft±J Total amount of bid in numbers: $_f{_g.,_'1-+-/ '2--_'l_l_ . ..,.K...;;;O _____________ _ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). __.\41_2-_______ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act i~e capacity of a contractor within the State of California, validly licensed under license number J 2.. 7~ 't , classification A which expires on "1/WIO\ , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and ,, •t' Revised 7 /19/17 Contract No. 6001-1 SSS Page 12 of 112 Pages 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 e.r&en ~ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. {'\ • ., Revised 7 /19/17 Contract No. 6001-1 BSS Page 13 of 112 Pages IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted _________________ _ (2) Signature (given and surname) of proprietor ________________ _ (3) Place of Business __________________________ _ (Street and Number) City and State __________________________ _ (4) Zip Code _______ _ Telephone No. _____________ _ (5) E-Mail _____________________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted _________________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business __________________________ _ (Street and Number) City and State __________________ _ (4) Zip Code ______ _ Telephone No. ______________ _ (5) E-Mail ____________________ _ ,, • ., Revised 7/19/17 Contract No. 6001-1 SSS Page 14 of 112 Pages IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted ~ NkV\.. .sJ.uro, ~l J:;,.._, (2) J.uA, ~ (Signature) (Title) (3) Incorporated under the laws of the State of Cl t'.'.tlka.i?a (4) Place of Business \'0,'2-.."L (hUIQM,,~ ~ ~ T-(Street and N~er) Impress Corporate Seal here City and State ::r\'A l1\ --fC--Sp, 1'°')! ~ · (5) Zip Code '10b"l0 Telephone No. $62 -~b"f,.. 35G_) (6) E-Mail \~1NYe~c,.(1 fiA~\u~ ~ Y ~ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: ., \.f' Revised 7/19/17 Contract No. 6001-1 BSS Page 15 of 112 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange before me, Ann-Marie Allan, Notary Public (insert name and title of the officer) personally appeared _L_aw_r_en_c_e_A_l_la_n ________________ -__ who proved to me on the basis of satisfactory evidence to be the person(srwhose name(Sj is/are· subscribed to the within Instrument and acknowledged to me that he/iRe.'they executed the same in his/herftheir authorized capacity{ies), and that by his/herlti=teir signature(s) on the instrument the person'9t, or the entity upon behalf of which the person(s-) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the fgregoing paragraph is true and correct. WITNESS my hand and official seal. Signature O l~~) ~ la ANN-MARJE ALLAN I ~ ;._ COMM,# 2114210 c, C!> ,. · NOTARY PUBLIC-CALIFORNIA en . · ,· ORANGE COUNTY ~ My Comm, Exp, Jul. 31 2019 (Seal) BID SECURITY FORM (Check to Accompany Bid) 2018 SLURRY SEAL CONTRACT NO. 6001-18SS (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of _______________________ _ dollars($ ______ ~, this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) ,, • ., Revised 7/19/17 Contract No. 6001-1 BSS Page 16 of 112 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL 2018 SLURRY SEAL CONTRACT NO. 6001-18$S KNOW ALL PERSONS BY THESE PRESENTS: That we, Roy Allan Slurry Seal, Inc. as Principal, and Contractors Bonding and Insurance Company , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) q 04, ·2.9 \ · Sp 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: 2018 SLURRY SEAL CONTRACT NO. 6001-185S in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the surety from its obligations under this bond. SIGNED AND SEALED, this __ 1_2t_h ___ day of _____ Ju_n_e ____ _, 20_1_8_ _R __ oy __ A_ll_an_S_lu_rry-'--Se_a_l, _ln_c. ______ (SEAL) Contractors Bonding and Insurance Company (SEAL) (Surety) (Principal) By: &. 1A. .h04 LC _ _, ., (Signature) By:~{7~> gnab.Jre) Matthew J. Coats, Attorney-in-Fact (Si::AL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By:~ Deputy City Attorney 0 Revised 7/19/17 Contract No. 6001-18SS Page 17 of 112 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 ____ 0_ra_n"""ge _______ _ On __ J_U_N_l=-2_2_0_1_8_ before me, ___ S_u_m_me_r_L._R~ey_es_, _No_ta_ry_P_u_bli_c _______ _ Date Here Insert Name and Title of the Officer personally appeared _____ M_a_tt_h_ew_J_. C_o_a_ts ____________________ _ Name(s) of Signer(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. @ SUMMER L. REYES _ Notary Public • California ~ Orange County ~ j Commission# 2158864 :: 0 0 0 0 0 0MJ gozi'D· $Xfirgs juJ 2J}~2&f 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. Signature ___ ~-~,_.,_-~_,!"'-f=~-"(e'-,. ~l'--'1~,:~r=,_ta_ry_P_u_b_lic __ _ ----------------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: _____________ Document Date: ________ _ Number of Pages: ____ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY RLI" t:IJit: an ltLI Company 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone (800)645-2402 I Fax (309)689-2036 RLI Insurance Company Contractors Bonding and Insurance Company Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Linda D. Coats, Matthew J. Coats, Summer Reyes, jointly or severally in the City of Laguna Hills , State of California as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 2th day of .!llh'., 2Qil. State of Illinois County of Peoria } ss On this 5th day of July 2017 before me, a Notary Public, personally appeared Barton W Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. Gretchen l. Johnigk ~ll~ i NOTARY~ PUBLIC f STAffOF, GRETCHEN L JOHNIGK "OFFICIAL SEAL" Notary Public RLI Insurance Company Contractors Bonding and Insurance Company 1> ,4 IV. "sf!r= Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Comµny~ and/or Contractors Bonding and Insurance Company this ff"' day of JI,)~ cJo \ & . Barton W. Davis ranee Company , Vice President ~) My Commlaaion Expires May 26, 2020 0475404020212 A0059115 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer'', "Own Organization", "Subcontractor'', and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. ,, •+' Revised 7/19/17 Contract No. 6001-18SS Page 18 of 112 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. l' •f' Revised 7/19/17 Contract No. 6001-188S Page 19 of 112 Pages ·~ . ' DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) 2018 SLURRY SEAL CONTRACT NO. 6001-18SS The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Page _l_ of L 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.· ft Q Revised 7/19/17 Contract No. 6001-18SS Page 20 of 112 Pages ~· ,' BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) 2018 SLURRY SEAL CONTRACT NO. 6001-18SS The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. •~ Q Revised 7/19/17 Contract No. 6001-18SS Page 21 of 112 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) 2018 SLURRY SEAL CONTRACT NO. 6001-1 SSS 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: D Comprehensive General Liability D Automobile Liability D Workers Compensation D Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. ,, • ., Revised 7/19/17 Contract No. 6001-1 BSS Page 22 of 112 Pages Client#· 1257747 305ROYALL ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 7/10/2018 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~li'.~!~cT Lori Ricke BB&T Insurance Services 1~8.NJo~E~tl: 714 941-2909 l,ffc,No): of Orange County ~t1t~~SS: LRicke@bbandt.c:om -- 2400 E Kate Ila Ave. Suite 1100 ------ INSURER(S) AFFORDING COVERAGE NAIC# Anaheim, CA 92806 INSURER A : Travelers Indemnity Co of CT 25682 INSURED INSURER B : Travelers Property Casualty Co of Amer 25674 Roy Allan Slurry Seal Inc. 11922 Bloomfield Ave. INSURER C: Santa Fe Springs, CA 90670 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 INSR WYO POLICY NUMBER /MM/DD/YYYYl IMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY DT22CO6E886016TCT1 07/01/2018 07/01/2019 EACH OCCURRENCE $1,000,000 j CLAIMS-MADE [!] OCCUR ~~~t~H9E~~J.;;P.ncel $300 000 X PD Ded:5,000 ~P ~Y one person) $5,000 ---- PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ [!] PRO-DLOC $2,000,000 POLICY JECT PRODUCTS -COMP/OP AGG OTHER: $ / B AUTOMOBILE LIABILITY DT8106E886016TIL 18 07/01/2018 07/01/201S COMBINED SINGLE LIMIT $1,000,000 /Ea accident\ - __! ANY AUTO BODILY INJURY (Per person) $ -OWNED SCHEDULED BODILY INJURY (Per accident) $ --· AUTOS ONLY -AUTOS -- X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY f Per accident) ---- $ -------------- B X UMBRELLA LIAB ~ OCCUR CUP5J6948871826 07/01/2018 07/01/2019 EACH OCCURRENCE $5 000,.()90 __ ----EXCESS LIAB CLAIMS-MADE AGGREGATE $5 000 000 / D;D I xi RETENT10N$10.ooo -- $ B WORKERS COMPENSATION UB7K6240641826G 07/01/2018 07/01/2019 X l~'ffrnTE I l~~H-AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [y] E.L. EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? y 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 i I DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: 2018 Slurry Seal Project Contract No. 6001-18SS City of Carlsbad is named as additional insured as respects general liability; waiver of subrogation applies as respects workers compensation as required by written contract, per endorsement attached. Should any policy be cancelled before the expiration date, BB&T Insurance Services will mail 30 (thirty) (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance Services P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York, NY 10163 ~~~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S20571053/M20026206 ACMOS DESCRIPTIONS (Continued from Page 1) days written notice to the certificate holders which require such action per written contract or agreement, except 10 days notice of cancellation for non-payment of premium. SAGITTA 25.3 (2016/03) 2 of 2 #S20571053/M20026206 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED -(Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section Ill -Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance'' requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the ''written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D246 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. -DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CG 02 46 08 05 .... TRAVELERSJ ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)-001 POLICY NUMBER: {UB-7K624064-18-26-G) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 02. 000 % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Schedule Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 7_1_2018 Insured Policy No. UB-7K624064-18-26-G Endorsement No. Premium Travelers Property Casualty Co Insurance Company f . o Amenca Countersigned by ____________ _ Page 1 of 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) 2018 SLURRY SEAL CONTRACT NO. 6001-18SS 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 debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: ~t\-\~5~~l~<(, c4 (nameofCo~ • By: ~~ (sign here) lmw«.w, Ar\~ I v,u &f4r~t (print name/title) Page _J_ of _l_ pages of this Re Debarment form {'\ • ., Revised 7/19/17 Contract No. 6001-18SS Page 23 of 112 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) 2018 SLURRY SEAL CONTRACT NO. 6001-1855 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? ><. yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? 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? )< yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes + 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _i_ of .L__ pages of this Disclosure of Discipline form ,., •+;' Revised 7/19/17 Contract No. 6001-1 BSS Page 24 of 112 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 2018 SLURRY SEAL CONTRACT NO. 6001-18$S 1) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Be-,A\~ S~r~~l $;~ ur (name of Contrctor) - By:~ 1 h--r<" ---- (sign here) bv.,v:e>,M.J Alboo. ~,\- (print name/title) Page --1._ of~ pages of this Disclosure of Discipline form (' fl Revised 7 /19/17 Contract No. 6001-18SS Page 25 of 112 Pages •' ., I NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 2018 SLURRY SEAL CONTRACT NO. 6001-18SS The undersigned declares: ~l ~ I am the~~ of 'P.,1A\Uk.:"', the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 3:\AJt.L I ¥' , 20Jt_ at sf'r~'f-c. f city], ~ • [state]. $~',, ~-Signature of Bidder ,, • ., Revised 7/19/17 Contract No. 6001-188S Page 26 of 112 Pages SPECIAL RESOLUTION OF THE SHAREHOLDERS OF ROY ALLAN SLURRY SEAL, INC. This is a special resolution unanimously approved by all of the shareholders holding shares in ROY ALLAN SLURRY SEAL, INC. This resolution was approved at the meeting of the shareholders held on April 29th, 2018 at 11922 Bloomfield Ave, Santa Fe Springs, California 90670. Roy Allan and Gay D. Allan, being the only shareholders of the corporation, were in attendance and unanimously approved the following resolution: WHEREAS it is deemed to be in the best interest of this corporation to provide for continuity of activity and for the convenience of the officers of this corporation, to provide authority so that either the President or the Vice President of this corporation shall have authority to sign documents separately, and thereby bind the corporation. IT IS THEREFORE RESOLVED that either the President or the Vice President of ROY ALLAN SLURRY SEAL, INC., shall hereafter have the authority, when acting alone, to bind this corporation to the terms of any document to which the President or Vice President shall affix his signature. The individual presently acting in the capacity of President, Vice President, and Secretary is WYATT LAWRENCE ALLAN. It is respectfully requested by the shareholders of this corporation, that any part with whom this corporation has dealings, will recognize this resolution and accept the signature of either the President or the Vice President of this corporation, acting alone, on any document intended to bind this corporation legally. By their signatures hereto, the shareholders of this corporation hereby waive notice of the above-described meeting and consent to the resolution set forth above. Dated April 29th, 2018 Roy Allan, Shareholder Gay Allan, Shareholder CONTRACT PUBLIC WORKS This agreement is made this ~ day of :J v., \ ~ , 2018, by and between the City of Carlsbad, California, a municipal poration, (hereinafter called "City"), and Roy Allan Slurry Seal, Inc. whose principal place of business is 11222 B]oomfie]d Avenue, Santa Fe Springs, CA 90670 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall . perform all work specified in the Contract documents for: 2018 SLURRY SEAL CONTRACT NO. 6001-18S5 (hereinafter called "project") 2., Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipmen( and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground ft ~, Revised 7/19/17 Contract No. 6001-18SS Page 27 of 112 Pages conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Haz~rdous 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. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from ft Q Revised 7/19/17 Contract No. 6001-18S$ Page 28 of 112 Pages or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy# 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an "occurrence" basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be {' Addendum No. 2 .,,, Revised 7 /19/17 Contract No. 6001-185S Page 29 of 112 Pages 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 City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, vqided, canceled, or reduced in coverage or limits except after ten ( 10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.1.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy# 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. l' -~ Revised 7/19/17 Contract No. 6001-1 SSS Page 30 of 112 Pages 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Pubic Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance wilh the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict bel\tleen Section 9204 and Article 1.5, Section 9204 shal apply. Notwithstanding the provisions of this section of the contract. all clams shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. • (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in ~ wilh litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the Cly, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) GoveiMNtnt Code. Conlractor acknowledges that California Government Code sections 12650 et seq., the False Claims Ad., provides for civil penalties where a person knowingly SID'l1ils a false claim to a pubic entity. These provisions include false claims made with delberate ignorance of the false i,bmation or in reckless disregard of the trulh or falsity of the ilfoonalion. (D) Penalty Recovwy. If the Cly of Car1sbad seeks to recover penalties pursuant to the False Claims Act, it i& entitled to recover Is ltigation costs, including attorney's fees. (E) Debarment for False Clalllls. Contractor hereby acknowledges that the 11ing of a false claim may S&ibject the Contractor to an administrative debarment proceeding wherein the Contractor may be pra,anted from bther bidcfing 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 pel1aining to faise claims are incorporated herein by 1efemlice. (G) Debarment fnJIII Otll« Jurlaclctions. Contractor hereby acknowledges that debarment by another pisdiction is grounds for the City of Carlsbad to disqualfy the Contractor or subcontractor from patlcipating in fulure contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disptlles between the parties arising out of this agreement is San Diego County, Calfomia. I have read and undelStand • provisions d Section 11 above.~ init A init 12. Malnlenance of Records. Contractor shaU maintain and make available at no cost to the City, upon request, records in accordance with sections 1TT6 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Conlractor"s principal place of business as specified above, Contractor shall so infonn the City by celtified letter accompanying the return of this Conlract. Contractor shaH notify the City by certified mail of any change of address of such records. 0 Revised 7/19/17 Contract No. eoo1-1sss Page 31 d 112 Pages 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill l" •+;' Revised 7 /19/17 Contract No. 6001-1 SSS Page 32 of 112 Pages 17. Additional Provisions. Any additional provisions of this agreement are set forth in the ·General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTAFJAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED . (CORPORATE SEAL) CONTRACTOR: Roy Allan Slurry Seal, Inc. (name of Contractor) By:~~--- (sign here) ATTEST: ¼wiee,V"\LL < A\~ vt~,~t By:~andlille) (sign here) ¼wv:en" \"\\b ~·thV¼ (print name and title) / President or vice-president and secreta,y or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the seaetary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A BREWER City Attorney By;(//~ Deputy City Attorney 0 Revised 7/19/17 Contract No. 6001-1888 Page 33 of 112 Pages 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 0 County of range ) before me, Ann-Marie Allan, Notary Public (insert name and title of the officer) personally appeared _L_aw_re_n_c_e_A_l_la_n ________________ --,-__ who proved to me on the basis of satisfactory evidence to be the person{BYwhose name(sj is/are· subscribed to the within Instrument and acknowledged to me that he/ihe!ti'tey executed the same in his/1:lerJtneir authorized capacity{ies), and that by his/herAheir signature(s) on the instrument the personC,st, or the entity upon behalf of which the person~) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the fqregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~~ (Seal) l@·'"" 2 = '-_ ti) • ~ ilf..· . l . ANN-MARIE ALLAN I COMM. # 2114210 C> NOTARY PUBLIC-CALIFORNIA ~ ORANGE COUNTY _. My Comm. Exp. Jul. 3, 2019 f Bond No.: RCB0019000 Premium: Included with Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of tile City of carlsbad. State of California. has awarded to Roy Allan Sh=al Inc. (~ desig as the ·Pltncipari. a Contract for: 2018 SWRRY SEAL CONTRACT NO. &001-18SS .-. the City of Carlsbad, in sbict contonnity wilh the drawings and spec:ffications, and olher Contract Documents now on file in 1he Olm& of ttla Cly Clerk of the City of Carlsbad amt al cl which are incorporated herein by 1tlis Nfar8nca. · WHEREAS, Principal has executed or is about to ex.eii:ute seid Conbact and the 1lenns thereof 19C1uint the furnishing of a bond, prowmg if Pmcipaf or any of their aubcDlllractDls shall fai to pay for any matafials. piovisions, nmiWl!l'lnP-r or other ~ Of teams used in. cipon or about 1he performance of the WOik, 1o be done, OI" to,-911'/ work or labor done 1hereon of any kind, the Surety on this bond wil pay the same to lhB ex18nt herefnafter set forfL NOW, TI-fEREFORE, WE. Roy Allan Slurry Seal. Inc. • as Principal, (hereinafter· . designated as the ~. and Contractors Bonding and Insurance Company • as Surety, are held firmly bound I.do the • City of Carlsbad In the Stall d.. Nine Hundred Eighty-Foux-Thousand Two-Hundred Ninety-On~ Dollats and Eighty <:nits Dpla(s ($ 984.291.80 ). sakt sum bMlg an amount equal to: One hmdn!d pe11ce1•· (100%) of the to1a1 emoun1 payable wds 1he tmnB of the contrac:t t,v 1he City m Cal5bad. and tor which payment wel and truly to be made we .bind oi.nelVes. cu heirs, exec:umrs and . admiruslratora, IUCCSBIOl'S, or assigns, jointly and sevE!ffllly. firmly by 1hBSe presents. THE CONDmON OF THIS OBUGATION IS suat that if the Conbador or hid tier 9Ubcol'ltr4ldols fail to PEIY for any mall!riag, provisions, provender, supples. or tiHns . used in. ~n. tor. ot about the performance of the work contracted 10 be done, or for .,., olher \Wik or labor thereon of any kl1Ct. mns~ with Calilomia Civl Code sedlon 9100, or for amourms due under lhe u~ Insurance Code wilh respect to the wDf1c or labor performed t.nier thi& Canb3ct, or for' a,y amounts required to be deduded. withheld, and paid over to 1he Employment Development Department fuJm · the wages of employees of the contractor and subcontractors pu-suant to section 13020 of the Unemployment Insurance Code with respect to the wort and labor, that 1he Surety wil pay for the same. and, also, in case suit I& brought fJPOO the bond, reasonable attorney's fees, to be fiXed by the court consistent with California Civil Code section 9554. This bond &hall inure to 1he benefit of any vi the persons named in carlfomia CiYi Code section 9100, so as to gi\re a light of acliOn to 1hose persons or their assigns in any $I.Iii: brought upon the bond. · Surety stipulates and agrees that no change, extsnsion of time. alteration or addition to the terms of the Contract or to the wort< to be s,e,formed hereunder or 1he 9l)8dfications acc:ompany(ng the san'l8 ehaD affect Its obligations on this bond. ar_1d it does hereby waive notice of any dlange, 0 Addendum No. 2 . Revised 7 /19/17 Contract No. 6001-185S Pase 34 of 112 Pages extension of time, alterations or addldon to the terms of the cortract or to the work or to the specifications. 0 Revilea7/1W17 Conlract No. eoo1.1ess PillQlt 36 of 112 Pages In the event that Contractor 11 an individual, it is agreed that the death d any such Contractor shaU not exonerate the Surety from its obligetions under ttvg bond. E>OeCUted by CONTRACTOR thil ___ _ dayof ________ _. 20 __ . CONTRACTOR: Roy Allan Slurry Seal, Inc. By: >AM.J..-Ji.t'::::::r-__ _ (tigo here) l.o.._w!'f/!'\&L v'\.\~ '::'\ 4Prinlnane~) SaR< Kl<- ExecutedbySURETYthi&_1_2t_h ___ day ~-~-_J_ul~y _____ 20....1!_. SURETY: Contractors Bonding and Insurance Company c_.r1su.y> 111 Pacifica, Suite 350, Irvine, CA 92618 949-341-9110 Matthew J. Coats (alach corpclll... ,........ :ahcMing current power of atam,y) (Proper-notarial acknCJwledgmenl of axecwon by CONTRACTOR and SURETY must be alached.) (President « w:e-presidl!lnt and seaeta,y or aNislallt MiCIBtaly nuit sign b WipUimm .. f only one ,..._ svr-, .. corpanmn must altach 8 l'8l0Uion cer1lled bylle aetRGifur Will.II II: NCl'l!ta'f under co.p01ale HIii empawemg that CJfficar ID bind the corponllion.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By:~~ Deputy City Attorney OReviNd7/19/17 coni'act No. 6001-1888 Page 38 ol 112 Pages 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 Orange ) on ~u\~ \\.o 1 2015 before me, Ann-Marie Allan, Notary Public (insert name and title of the officer) personally appeared _La_w_r_en_c_e_A_l_la_n ________________ -__ who proved to me on the basis of satisfactory evidence to be the person!$f whose name(Sj is/are· subscribed to the within Instrument and acknowledged to me that hc/$J:leAAey executed the same in his/herftheir authorized capacity{ies), and that by his/her/their signature($) on the instrument the personest, or the entity upon behalf of which the person(9) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the f9regoing paragraph is true and correct. WITNESS my hand and official seal. Signature (k,\\'c4k 0.l~W-(Seal) [@ ...... · 2 . l/) • ~ (!) ANN-MARIE ALLAN l COMM. 112114210 c, NOTARY PUBLIC-CALIFORNIA en ORANGE COUNTY ~ My Comm. Exp. Ju/. 3, 2019 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 Orange On __ J_U_L_l_2_2_0_1_8_ before me, ___ S_u_mm_e_r_L._R-'ey_es_, _No_ta-'ry_P_ub_li_c _______ _ Date Here Insert Name and Title of the Officer personally appeared _____ M_a_tt_he_w_J_. _C_oa_ts ___________________ _ Name(s) of Signer(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. SUMMER L. REYES Notary Public -California < Orange County ~ ~ Commission# 2158864 ~ J. • • o o ,MJ iozi~· ;xgir;s Jul 2J,Ji2&l Place Notary Seal 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. Signature ___ ¾~·~'~v~'~v...,\ .... r,~/~);/_, ______ _ Signatu~ of Notary Public l ---------------QPTIONAL--------------- 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: _____________ Document Date: ________ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY RLI° dJic an RLI Comp•ny 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 I Fax: (309)689-2036 RLI Insurance Company Contractors Bonding and Insurance Company Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Linda D. Coats, Matthew J. Coats, Summer Reyes, jointly or severally in the City of Laguna Hills , State of California as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this .2111 day of .!Jili'., 2017. State of Illinois County of Peoria } ss On this 5th day of July , 2017 before me, a Notary Public, personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. Gretchen l. Johnigk ~ti:~- , NOTARY F'IJBLIC STAT~ OFi GRETCHEN L JOHNIGK "OFFICIAL SEAL' Notary Public RLI Insurance Company Contractors Bonding and Insurance Company 1>'4 1t1.?5= Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com.Lin·~-~cl/or Qlnt,ractors Bonding and Insurance Company this . f""day of _J J1'f , ~- Barton W. Davis ranee Company , Vice President ~) My Commission Expires May 26, 2020 0475404020212 A0059115 Bond No.: RCB0019000 Premium: $5,421.00 -premium is based on 100% of the final contract amount** FAITHFUL PERFORMANCEJWARRANTY BOND WHEREAS, the City Counoll fA the City of cartabad. State of catifomia, has -awarded to Roy Allan Sbm:y Seal, Inc, · (hereinafter designated as the "Principar), a Conlract for: 2018 SLURRY SEAL CONTRACT NO. li001•11SS in the Ctty of Cartsbed, in strict cunbmil) will! Iha conlnd. "8 dlawings and ~ and olher Contract Documents now on fie in the Office CJf the City Clert. of the City of Cal1sbad. all of Which are Incorporated herein bi/ thi& reference. WHEREAS. Principal has axecuted or is about to execu• taid Ccnract and 1he tama 1hareaf require 1he foolistw,g of a bond for the falhful perfonnanc:e and wanailt)' d said Contract; NCM/, THEREFORE. WE, Rgy ,Allm,,Slury St:al, Inc._ • • Principal, (ll8reinaft« dellgnalBd as the · "ContradDI,. and Contractors Bonding and Insurance Company • • Sun!ty, .,. held 1nm, bound Ullo lhe City of C8rllbad n the aum of N&!le HUJ)dred aditr-FoUI 'IJwUf!!ld Iwo H\lll,\kd.,Ninety-One Do~J§ and Eighty Crnts ______________ .Dollars CS. 98t,291.WJ >-said un being equat to one hundnld percent (100%) d the esti1118fed amount al 118 Ccnnld. lo be paid tD City or II C8l'tlin allanley, ib tu00Dl80fl and wtgns, for which payme,111, we1 and ~ to be mada, ,_ bind ounetves, our heh, eJ1Bculor• and a.ctninlstlalula. 9'U:£ an ur asqans, jdnlly and 118'1Cf'lilf, hlty by UlE68 prese,u. ' THE CONDITION OF 1HIS 081.JGATION IS SUCH lhM r the abOWt boWldef1 Cot .. .-, 1tl8lt heirs, emcutora, ldninilbaba, IUCCe9SOr8 or 11 ·"~ 111111 in al things ttand ID and alllde hr. and_,. and·lruty keep and l,Wform the covananls, CClfldiliof1S. and agteemenlB In the Contract and..,, alteration lher8af made• h!Nin provided on ther part, to be kept and performed• lie time and in the manner 1heR!in epec;fted, and in 81 respedS acco,ding to tl1eir true Intent and meani,g, and shall iKfemmfy and save harmless the CMydC8ftsbad, 11s olficefs. employees and agents. -lher8in Btipufalad. then 1his obligation shall become nul and void: olherWise • 8hall remain in fult forCe and etred. As a pert of the obllgllfinn wand hereby 3Qd in addition to 1he face amount specified therefore, 1here lhafl be i1cbted eotl1B ~ riaaa~ tuepVIIN andfeN, indUding raNOnabie auornc,y"s fees, lncUrred by the City In IUC:Cl8llfuly emora,g auch obigalol-. al to be taed as COSIS and included In any judgment rendeted. Surely stipu&des and agreea 1tlat no change, extension d&ne, aloration or addlicM\ to1heteml& tA the Contract. or to the Wotti: to be l)Offuuned there under or the spec:ificatiod5 accompar,ying tne same shall affect Its obligations on 1hls bond, and it doeS hereby waive notice of any change, eXllnsion of time, alterations or addition to lhe terms d the C011Crad °' to the work or to 1he apedkallon&. Q Addendum No. 2 . · · Rwtsed 7/19/17 Contract No. §001-1!!$$ Pace 37 of lU ,as,es In the event that Conlrac::tor iS an individual, it is agreed that 1he death of any such COntradDr shal not exonemte the &.ety from its obligations under this bond. Executm by COKmACTOR this ____ _ dayd _______ _.20, ___ . CONTRACTOR: Ro~ Allan Slurcy Seal Ic, (rans of Contractor) ey:~ C-=--<sion here) ¼,,kVY:0:w. ~~ (pint name here) \h..\~-\-.. I•__. --~-lizaliDn of~) By:~'-----(sign here) ~WvfiYW v\l~ (print name here) )e~~\ri--J dOnia -plliz.taon of lignato,y) Executed by SURETY this~ day of July 20 18 SURElY: Contractors Bonding and Insurance Company (name of SUA!lly) 111 Pacifica, Suite 350, Irvine, CA 92618 (address d Su,ety) 949-341-9110 lhw!n."w-runber of Surely) By: ~c',.:d> (sig ~acl) Matthew J Coats (pmted name m ~ (Attach CUlj)Oiale resd.lliOn 6l1ovmg ~ power of attorney.) (Ploper notarial acknowledgment of execution by CONTRACTOR and SURETY must be allached.) . (President or 1lice-pre9dent atld secretary or assistant secnmy must sign for coiporations. ff only one ofllca' signs. the oorporalion must attach a l990lution cerllim by the $:::Oielary o,-assistad secaetaiiy under corporate seal empowering that officer 1o bnd the corpora~.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By. Cl/4,~ DepUl,y City Attorney 0 Revil9ed 7tr9/17 Contract No. 8001-1888 page 38 of 112 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On w\y \v, 201 V I before me, Ann-Marie Allan, Notary Public (insert name and title of the officer) personally appeared _La_w_r'"'.""en_c"""'.e:--A_l'"'.""la~n ___ :---___ ~--~--,------.--- who proved to me on the basis of satisfactory evidence to be the person{srwhose name~ is/a-re- subscribed to the within Instrument and acknowledged to me that hc/iJ:\el-they executed the same in his/heFltheir authorized capacity~). and that by his/her/their signature($) on the instrument the person(.st, or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the f9regoing paragraph is true and correct. WITNESS my hand and official seal. Signature lli~ ~ r@"'···'. ;;z . " u, . • -C) . (Seal) ANN-MARIE ALLAN ( COMM.# 2114210 C'> NOTARI' PUBLIC-CALIFORNIA ~ ORANGE COUNTY - My Comm. Exp. Jul. 3, 2019 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 Orange On JUL 12 2018 before rne, ___ S_u_m_m_e_r_L_. R_e....:y_e_s,_N_o_ta_ry'--Pu_b_li_c _________ _ Date Here Insert Name and Title of the Officer personally appeared _____ M_a_tt_h_ew_J_. C_o_a_ts ____________________ _ Name(s) of Signer(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. SUMMER L. REYES ~ Notary Public • California ~ Orange County ~ z Commission# 2158864 ~ J • • • • • 0MJ gozu!!. ;xgir:s Jul 2J,Ji2d Place Notary Seal 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. Signature __ Vi~t~--A~J1 ....... 4L.,..,,,,....,('{,____ ___ _ Signaturr.jf Notary 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: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY RLI. t:bit: an ltll ComP41ny 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone (800)645-24021 Fax: (309)689-2036 RLI Insurance Company Contractors Bonding and Insurance Company Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Linda D. Coats, Matthew J. Coats, Summer Reyes, jointly or severally in the City of Laguna Hills , State of California as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to he executed by its respective Vice President with its corporate seal affixed this .2.tb. day of 1.uh'., 2.QJ.1. State of Illinois County of Peoria } ss On this 5th day of July 2017 before me, a Notary Public, personally appeared Barton W Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. Gretchen L. Johnigk tji_:11:· NOTARY uauc TAffOF, GRETCHEN L JOHNIGK "OFFICIAL SEAL" Notary Public RLI Insurance Company Contractors Bonding and Insurance Company 15-,{ /1/."sf!r- Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com1r~ and/or O!pt~~ctors j~t~. and Insurance Company this ""'-day of~' Barton W. Davis ranee Company , Vice President ~) My Commission Expires May 26, 2020 0475404020212 A0059115 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address -----------------------------is hereinafter ------------------------------ca II e d "Contractor" and _______________________ whose address is ______________________________ _ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for 2018 SLURRY SEAL CONTRACT NO. 6001-18SS in the amount of ____________ dated ______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. l' •ff Revised 7/19/17 Contract No. 6001-18SS Page 39 of 112 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title. _____ ---=--F..:..:.IN..::..A..:..:.N..:...:C=E=-=D..:..:.IR-=-=E=C:::....T:....::O=R__,__ __ Name _______________ _ Signature ______________ _ Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title ________________ _ Name _______________ _ Signature ______________ _ Address _______________ _ For Escrow Agent: Title ________________ _ Name _______________ _ Signature ______________ _ Address _______________ _ ,, •+; Revised 7/19/17 Contract No. 6001-18SS Page 40 of 112 Pages At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title ________ ~M~A~Y~O"'""R~----- Name _______________ _ Signature ______________ _ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title ________________ _ Name _______________ _ Signature ______________ _ Address _______________ _ For Escrow Agent: Title ________________ _ Name _______________ _ Signature ______________ _ Address _______________ _ ., \.+r Revised 7/19/17 Contract No. 6001-188S Page 41 of 112 Pages GENERAL PROVISIONS FOR 2018 SLURRY SEAL CONTRACT NO. 6001-1 SSS CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1 GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS -Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. {'\ •f' Revised 11 /24/1 O Contract No. 6001-18SS Page 42 of 112 Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency -The City of Carlsbad, California. Agreement -See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder -Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract -The written agreement between the Agency and the Contractor covering the Work. Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor-The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued l'\ •ff Revised 11 /24/10 Contract No. 6001-18SS Page 43 of 112 by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price -The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. County Sealer -The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier -Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer -A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer -A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire -The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm -The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State ,, • ., Revised 11/24/10 Contract No. 6001-1 SSS Page 44 of 112 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. 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. l'\ •+;' Revised 11/24/10 Contract No. 6001-18SS Page 45 of 112 Subcontractor -An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade -For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement -A written amendment of the Contract Documents signed by both parties. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety -Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne -Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility -Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work -That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3ABBREVIATIONS 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 Abbreviation Word or Words ABAN . . . . .. . . . . . . . . . ... .. ...................... Abandon ALT .............................................................. Alternate ASANO... .. ................. Abandoned APTS ................................. Apartment and Apartments ABS ........................ Acrylonitrile -butadiene -styrene AMER STD ................................... American Standard AC .................................................... Asphalt Concrete AWG ............... American Wire Gage (nonferrous wire) ACP ........................................... Asbestos cement pipe BC .................................................. Beginning of curve ACWS ..................... Asphalt concrete wearing surface BCR . . .. .. .. .. ............... Beginning of curb return ,., •+;' Revised 11/24/10 Contract No. 6001-1 BSS Page 46 of 112 BDRY ............................................................ Boundary EL T ........................................................ Extra long ton BF ..................................................... Bottom of footing ENGR ....................................... Engineer, Engineering BLDG ........................................ Building and Buildings EP ................................................... Edge of pavement BM ............................................................. Bench mark ESMT ........................................................... Easement BVC .................................... Beginning of vertical curve ETB .......................................... Emulsion-treated base B/W ........................................................... Back of wall EVC ............................................... End of vertical curb CIC ..................................................... Center to center EWA ............................... Encina Wastewater Authority CAB ...................................... Crushed aggregate base EXC ............................................................ Excavation CAL/OSHA ............ California Occupational Safety and EXP JT ............................................... Expansion joint ................................................... Health Administration EXST ............................................................... Existing CalTrans ....... California Department of Transportation F ............................................................ Fahren~rt CAP .................................... Corrugated aluminum pipe F&C ................................................... Frame and cover CB ............................................................. Catch Basin F&I .................................................. Furnish and install Cb ........................................................................ Curb FAB ............................................................... Fabricate CBP ............................... Catch Basin Connection Pipe FAS ............................................... Flashing arrow sign CBR ....................................... California Bearing Ratio FD ............................................................. Floor drain CCR . . . ....................... California Code of Regulations FDN ............................................................ Foundation CCTV ............................................... Closed Circuit TV FED SPEC ................................. Federal Specification CES .......................... Carlsbad Engineering Standards FG ........................................................ Finished grade CF ................................................................ Curb face FH ............................................................. Fire hydrant CF ................................................................ Cubic foot FL. .................................................................. Flow line C&G .................................................... Curb and gutter FS .......... : ........................................... Finished surface CFR ................................ Code of Federal Regulations FT-LB ......................................................... Foot-pound CFS ......................................... Cubic Feet per Second FTG .................................................................. Footing GIP ......................................................... Cast iron pipe FW ........................................................ Face of wall GIPP ................................................ Cast-in place pipe G.................... . ......................................... Gu CL ........................................... Clearance, center line GA ..................................................................... Gauge CLF .................................................... Chain link fence GAL ............................................. Gallon and Gallons CMB ............................... Crushed miscellaneous base GALV ......................................................... Galvanized CMG ......................................... Cement mortar-coated GAR ........................................... Garage and Garages CML ............................................ Cement mortar-lined GIP .............................................. Galvanized iron pipe CMWD .................... Carlsbad Municipal Water District GL ........................................ Ground line or grade line CO .................................................... Cleanout (Sewer) GM .............................................................. Gas meter COL. ................................................................. Column GNV ............................................... Ground Not Visible COMM ....................................................... Commercial GP .................................................................. Guy pole CONG ........................................................... Concrete GPM ................................................ gallons per minute CONN ........................................................ Connection GR ...................................................................... Grade CONST .................................. Construct, Construction GRTG ............................................................... Grating COORD ...................................................... Coordinate GSP . . . . ............................... Galvanized steel pipe CSP ............................................ Corrugated steel pipe H ............................................................ High or height CSD ............................... Carlsbad Standard Drawings HB ................................................................ Hose bib CTB ............................................ Cement treated base HC ................................................... House connection ~ ......................................................... c~~w~ HDWL .......... . ....................................... Headwall CY ............................................................... Cubic yard HGL. ............................................. Hydraulic grade line D .............................................................. Load of pipe HORIZ .......................................................... Horizontal dB ................................................................... Decibels HP ............................................................. Horsepower DBL .................................................................. Double HPG ................................................ High pressure gas DF ............................................................... Douglas fir HPS ................................ High pressure sodium (Light) DIA ................................................................ Diameter HYDR ............................................................ Hydraulic DIP ..................................................... Ductile iron pipe IE ......................................................... Invert Elevation DL ................................................................ Dead load ID ........................................................ Inside diameter DR ...................................................... Dimension Ratio INCL ............................................................... Including DT ................................................................. Drain Tile INSP............... ............ .. . . . . . . . . . . . . . ....... . ..... Inspection DWG ............................................................... Drawing INV ................................................................... Invert DWY .............................................................. Driveway IP .................................................................... Iron pipe DWY APPR ................................... Driveway approach JC ..................................................... Junction chamber E ....................................................................... Electric JCT ................................................................. Junction EA ........................................................................ Each JS ..................................................... Junction structure EC ............................................................ End of curve JT ....................................................................... Joint ECR ................................................ End of curb return L ........................................................................ Length EF ................................................................ Each face LAB.... . ......................................... Laboratory EG..... .. . ..................................... Edge of gutter LAT ................................................................ Lateral EGL .................................................. Energy grade line LB .................................................................... Pound El. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... Elevation LD ..................................................... Local depression ELG ..................................... Electro lier lighting conduit LF ............................................................. LiMarfo~ l'\ •,r Revised 11/24/10 Contract No. 6001-1 BSS Page 47 of 112 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 MAINT ..................................................... 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 MH ... . ....... Manhole, maintenance hole SOR ....... Standard thermoplastic pipe dimension ratio MIL SPEC .. . ........ Military specification ............. (ratio of pipe O.D. to minimum wall thickness) MISC . . . . . . . . . . . . . . . . .... Miscellaneous SDRSD ......... San Diego Regional Standard Drawings MOD............... ................... . ....... Modified, modify SE ...................................................... Sand Equivalent MON......... . ...................... Monument SEC ............................................................... Section MSL.. Mean Sea Level (Reg. Standard Drawing M-12) SF ............................................................. Square foot MTBM ... . ... Microtunneling Boring Machine SFM ................................................ Sewer Force Main MUL T ............................................................... Multiple SI. ...................... International System of Units (Metric) MUTCD ..... Manual on Uniform Traffic Control Devices SPEC ..................................................... Specifications MVL....... .. . . . . .............. Mercury vapor light SPPWC .......................................... Standard Plans for NCTD. .. . . . . . . . ............ North County Transit District Public Works Construction NRCP ... ...... . ........ Nonreinforced concrete pipe SSPWC ............................. Standard Specifications for OBS......... .............. . ................... Obsolete ........................................... Public Works Construction OC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... On center ST HWY ................................................ State highway OD........... . ...... Outside diameter ST A ................................................................... Station OE............. . ................................ Outer edge STD............... . ........................................ Standard OHE ....................................... Overhead Electric STR .................................................................. Straight OMWD ......... Olivenhain Municipal Water District STR GR.. . ............................... Straight grade OPP ......................................... Opposite STRUC.. . .............. Structural/Structure ORIG.......... . ....................................... Original SW ................................................................. Sidewalk PB. . ........ Pull box SWD ....................................... Sidewalk drain PC .................................................. Point of curvature SY ............................................................ Square yard PCC ... Portland cement concrete or point T ................................................................ Telephone ....................................... of compound curvature ~ .......................................................... To~~ PCVC ..................... Point of compound vertical curve TC ............................................................ Top of curb PE . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . ......... Polyethylene TEL . . . . . . . . . . . . . . . . . . . . . .................................. Telephone Pl... . ........................... Point of intersection TF . . . . . . . . . . . . .. . . ............................ Top of footing PL............. . ....... Property line TOPO ........................................................ Topography PMB .......................... Processed miscellaneous base ffi ............................................................. fuct POC . . . . . . . .................... Point on curve TRANS ......................................................... Transition POT ................................................... Point on tangent TS ......................... Traffic signal or transition structure PP .............................................................. Power pole TSC ............................................. Traffic signal conduit PRC ... . ........... Point of reverse curve TSS. .. . . . . . . . ........ Traffic signal standard PRVC .. . . . . . . . . ...... Point of reverse vertical curve TW ............................. . ................... Top of wall PSI ......... Pounds per square inch TYP ....................................................... Typical PT ................... Point of tangency UE ............................................ Underground Electric PVC............................... . ....... Polyvinyl chloride USA.. . .......................... Underground Service Alert PVMT................... . ..... Pavement VAR... ................ . ........... .Varies, Variable PVT R/W ..................................... Private right-of-way VB . . . . . . . . . . . . . . . . . . . . . . . ................................... Valve box Q ...................... Rate of flow in cubic feet per second VC .......................................................... Vertical curve QUAD.......... ................ . .. Quadrangle, Quadrant VCP ................................................. Vitrified clay pipe R ......................... Radius VERT .............................................................. Vertical R&O . . . . . . . . . . . . . . . . . . . . . Rock and oil VOL .................................................................. Volume R/W...... ... . . . . . ........................ Right-of-way VWD ..................................... Vallecitos Water District RA ...................................................... Recycling agent W. ....................... Water, Wider or Width, as applicable RAC ................................... Recycled asphalt concrete WATCH .............. Work Area Traffic Control Handbook RAP............... . ......... Reclaimed asphalt pavement WI ............................................................ Wrought iron RBAC ..... Rubberized asphalt concrete WM ......................................................... Water meter RC ........... Reinforced concrete WPJ . .. . ....................... Weakened plane joint RCB ........ Reinforced concrete box XCONN . . . . . . . . .. . . . . . .......... Cross connection RCE .. Registered civil engineer XSEC ..................................................... Cross section RCP ............... Reinforced concrete pipe l' •+;' Revised 11 /24/10 Contract No. 6001-18SS Page 48 of 112 1-3.3 Institutions. Abbreviation Word or Words AASHTO ............... American Association of State Highway and Transportation Officials AISC ................................................................. American Institute of Steel Construction ANSI ................................................................... American National Standards Institute API ................................................................................... American Petroleum Institute AREA ......................................................... American Railway Engineering Association ASTM ......................................................... American Society for Testing and Materials AWPA. ............................................................. American Wood Preservers Association AWS ..................................................................................... American Welding Society AWWA .................................................................... American Water Works Association FHWA. .......................................................................... Federal Highway Administration GRI .............................................................................. Geosynthetic Research Institute NEMA ...................................................... National Electrical Manufacturers Association NOAA ............. National Oceanic and Atmospheric Administration (Dept. of Commerce) UL .................................................................................. Underwriters' Laboratories Inc. USGS .......................................................................... United States Geological Survey 1-4UNITS 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 ounc:_ mass (oz) .. _..········:···· ............................................................ 0.02835 kilogra~ (kg) 1 Ton (-2000 lb avoirdupo1s) ............................................................. 0.9072 Tonne (-907 kg) ,, •fi' Revised 11/24/10 Contract No. 6001-18SS Page 49 of 112 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 (6F): ..................................................................... Degree Celsius (°C): °ࢇF = (1.8 x °C) + 32 ............................................................................ °C = (°F -32)/1.8 Commonl Used in Both S stems Common Metric Prefixes kilo (k) ................................................................................................ 103 centi (c) .............................................................................................. 10-2 milli (m) .............................................................................................. 10-3 micro (µ) ............................................................................................. 10-6 nano (n) .............................................................................................. 1 o-9 pico (p) ............................................................................................... 10-12 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 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 ,, • ., Revised 11/24/10 Contract No. 6001-1 BSS Page 50 of 112 the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107 .5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 411 0 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. l' • .,-Revised 11/24/10 Contract No. 6001-1 BSS Page 51 of 112 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: ,, •+; Revised 11/24/10 Contract No. 6001-188S Page 52 of 112 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. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans, Contract Documents, and Specifications, to which the Engineer shall have access at all times. The construction plans consist of one set. The plan set is designated as City of Carlsbad Drawing No. 510-2 and consists of 12 sheets. The specifications for the work include 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, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. l'\ •ff Revised 11/24/10 Contract No. 6001-1 BSS Page 53 of 112 The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. l'\ • ., Revised 11/24/10 Contract No. 6001-1 BSS Page 54 of 112 The Contractor shall allow a mininun of 20 working days for review of submittal& unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submillal shall be consecutively numbered. Resubmittals shall be labeled wilh the IUl1ber' of the original submittal folowed by an ascending alphabetical designation (e.g. The label '4-C' would indicate 1he 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 accompmied by a letter of transmittal on the Contractor's lellarhead. The Letter of Transmillal shal contain the following: 1) Project title and Agency conlract number. 2) Number of complale sets.. 3) Contractor's certification stao.aent. 4) Specification section IUllbef(s) pertaining to material submitted for review. 5) SubmiUal number (Sub11.ual nunbefs shal be consecutive including subsequent Mlbinllals for the same malaials.) 6) Desaiplioo of the coulenls oflhe soomiltal. 7) ldentificalion of deviations from the conlract documents. When submlled for the Enginaal"s review, Shop Drawings shal bear the Coldnido($ certification that the ConlraclDr has reviet"Jed, checked. and approved the Shop Drawings and that they are in conformance wilh the raquinments of the Contract Documents. The Coitbactor shal U>Saibe to and shal place the folowing calificalion on all submittal&: .. hereby certify that the (equipnalt. material) shown and marked in this Stmmittal is that proposed to be ilacorporated inlo this Project, is in complianoe with the~ C>ocl.ments, can be illslaled in the alocaled spaces, and is subnilled for approval.. ~· Tille: ·tt:e~~t 0ate: -, /1 G,/t '6 , 7 eon,_, ttmne: \2.., 1 ~ .,( koa, ~ ~ Lil(.. 2-5.3.2 Working Drawings. Working ~ngs are drawings showing details not shown on the Plans which are l9qUirad to be desiglied by the Contractor. Wormg dlaMngS shal be of a size and scale to clealy show al necessary details. Six copies and one reprodllCIJle shal be submitted. If no revisions are reqund, three of the copies will be returned to the Cot•actor. If revisions are required, the Engineer wll reun one copy along wilh the reproduclJle for resubmission. Upon acceptance, the Engineer wll return two of the copies to the Conbactor and retain the remaining copies and the reproducible. Workilg drawings are required in the following sections: 0 Revised 11/24/10 Cornet No. 6001-1855 Page55ol112 Y:1)ern:';i . ·>, • s~ctlon ,,,,; •· Numb~~ ' TABLE 2-5.3.2 (A) , . Title ' ! :(('~ii~je:~; . '' 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 Siqnal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as- built" record set of blue-line prints, which shall be corrected in red daily and show every change ,, •,;' Revised 11/24/10 Contract No. 6001-18SS Page 56 of 112 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 considered incidental to the work and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services l'\ •+' Revised 11 /24/10 Contract No. 6001-1 SSS Page 57 of 112 required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records. The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of ,, • ., Revised 11 /24/10 Contract No. 6001-1 BSS Page 58 of 112 personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be l'\ •fi' Revised 11/24/10 Contract No. 6001-1 SSS Page 59 of 112 made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the l'\ •+' Revised 11/24/10 Contract No. 6001-18SS Page 60 of 112 date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the actual use of the tool or equipment. The right- of-way delay factors therein shall be used as multipliers of the rental rates for determining the l'\ •+' Revised 11/24/10 Contract No. 6001-188S Page 61 of 112 value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures . . 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. l'\ •+; Revised 11/24/10 Contract No. 6001-1 BSS Page 62 of 112 Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of ,, •+;' Revised 11/24/10 Contract No. 6001-18SS Page 63 of 112 computation as to conlract quantffies. The written notice of potential claim for changed conditions shal 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 clam. The Contractors failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are dislurbed shaft constitute a waiver of all claims in COlir-iection therewith. The Contractor shal provide the City with a written document containing a descr'6>n of the particular ciramslances giving rise to the potential claim, the reasons for which 1he Contractor believes addiliol1al compensalion may be due and nature of any and al costs involved within 20 working days of the date of service of the written notice of potential claim for changed concllions. Verbal notifications are disallowed. The potential claim shal include the following certification relative to the Calfomia False Claims Act. Government Code Sections 12650-12655. "The undersigned c:erllies lhat the above statements are made in ful cognizance of the Calfomia False Clams Act. Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be resta I e d as a claim in ~ to the Cly's proposed final estimate in order for it to be further considered.· By:A-&As eAc>:e, · n1e: fu~\~t Date: 7/)";fi ~ eompanyName: F:o1 A-\~SL.n-i, le" :£. o The Conbadoi"s estiir ale l1f costs may be updated when aclual costs are known. The Conlractor shal submi1 sullstalliation of its actual costs to the Engineer wlhin 20 working days affer the allected work is complele d. Faibe to do so shall be sufficient cause for denial of any claim subsequenlly filed on the basis of said notice of potential claim. It is the iltelltion of this section that differences between the parties arising under and by virtue d the contract be brolVll to the attention d the Engineer at the earlest posslJle tme in order that such mallas be sellled, if possible,. or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shal give the agency written notice of potential claim prior to comme11ci11g any disputed work. Failure to give said notice shaA consllule a waiver of al claims in C01•1edion therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the conlractor to proceed wih the work. 0 Revised 11124110 Contract No. 6001-18SS Page64of112 Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 1 0 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 1 0 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. ' (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. ,, •+;' Revised 11/24/10 Contract No. 6001-1 SSS Page 65 of 112 This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (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 periqd of time utilized by the meet and confer process. {' • .-, Revised 11 /24/1 O Contract No. 6001-1 BSS Page 66 of 112 (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. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (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. l'\ • ., Revised 11/24/10 Contract No. 6001-1 BSS Page 67 of 112 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in ,, •;;' Revised 11/24/10 Contract No. 6001-1 SSS Page 68 of 112 the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish {'\ •+; Revised 11/24/10 Contract No. 6001-1 SSS Page 69 of 112 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 work and shall be removed from the project site all at the Contractor's expense. Compaction and all tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. If the Contractor chooses to dispute the Agency's test results, the Contractor shall conduct additional testing of their own, at no additional cost to the Agency. The additional testing shall be done by a third-party testing lab agreed upon by the Agency and the Contractor, and at project locations mutually agreed upon by the Agency and 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 Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. ,, • ., Revised 11/24/10 Contract No. 6001-18SS Page 70 of 112 4-1. 7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection· of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two ,, • ., Revised 11 /24/10 Contract No. 6001-18SS Page 71 of 112 engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2MATERIALS 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. l'\ •+;' Revised 11 /24/1 O Contract No. 6001-18SS Page 72 of 112 SECTION 5 -UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. {'\ •+;' Revised 11/24/10 Contract No. 6001-18SS Page 73 of 112 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. 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 ('\ • ., Revised 11/24/10 Contract No. 6001-18SS Page 7 4 of 112 the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer iri 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. SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF ·WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within seven (7) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the l'\ • ., Revised 11/24/10 Contract No. 6001-1 SSS Page 75 of 112 Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6- 1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 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. ,, •+' Revised 11/24/10 Contract No. 6001-18SS Page 76 of 112 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Construction Schedule within 15 working days of submittal. 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 {'\ • ., Revised 11/24/10 Contract No. 6001-18SS Page 77 of 112 changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a bar 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 l'\ •f' Revised 11/24/10 Contract No. 6001-1 BSS Page 78 of 112 the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the "' •ff Revised 11 /24/1 O Contract No. 6001-1 SSS Page 79 of 112 necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown in the contract documents and as specified in the Specifications. 6-2.3 Project Meetings. The Engineer will establish the time and location of Project Meetings whenever necessary. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 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. ,, •+;' Revised 11/24/10 Contract No. 6001-18SS Page 80 of 112 The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, 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. ,., •,;' Revised 11/24/10 Contract No. 6001-1 SSS Page 81 of 112 If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7 .1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within forty-five (45) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Sunday 2. any day designated as a holiday by the Agency, 3. 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, 4. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6. 1, l'\ •+' Revised 11/24/10 Contract No. 6001-18SS Page 82 of 112 5. 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. Work on any road that has a school on it shall occur on Saturdays. Unless superseded by the above paragraphs or the approved Traffic Control Plan, the hours of work shall be between the hours of 8:30 a.m. and 3:30 p.m. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours, days, and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall submit a schedule including a daily work plan to the Engineer reflecting the specified working hours and approved traffic control plan. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer 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 ('\ •+' Revised 11/24/10 Contract No. 6001-1 BSS Page 83 of 112 replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500) Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that five hundred dollars ($500) per day is the minimum value of costs and actual 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. With respect to the public right-of-way, failure of the Contractor to restore and open all travel lanes within designated working hours shall result in damages being sustained by the Agency. For every 15-minute increment ( or portion of time thereof) beyond the hours of work stated in the Contract Documents or superseded by the approved traffic control plans, the Contractor shall pay to the Agency, or have monies due to it, the sum of One Thousand Dollars ($1,000). Such sum is liquidated damages and shall not be construed as a penalty, and will be deducted from monthly progress payments due the Contractor if such delay occurs. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. {'\ •+;' Revised 11/24/10 Contract No. 6001-18SS Page 84 of 112 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. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 1 O of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 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. l'\ • ., Revised 11 /24/10 Contract No. 6001-1 SSS Page 85 of 112 Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. No Resource agency permits are required for the Work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for. it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. / In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, -the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. ,, •f' Revised 11/24/10 Contract No. 6001-18SS Page 86 of 112 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. Starting the day after the application of the slurry seal, the contractor shall sweep the slurry-sealed streets for three (3) consecutive days using a self-loading motor sweeper with spray nozzles. One week later, contractor shall sweep the slurry-sealed streets once per week for two weeks. All sweeping costs shall be included in the Contractor's Bid. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing ,, •ff Revised 11/24/10 Contract No. 6001-18SS Page 87 of 112 authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 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. l'\ •f' Revised 11/24/10 Contract No. 6001-18SS Page 88 of 112 The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work as per an approved Traffic Control Plan. 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. The Work shall be conducted by the Contractor in a manner to provide a satisfactory surface for traffic. Unless otherwise authorized, work on residential streets 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 {'\ • ., Revised 11/24/10 Contract No. 6001-18SS Page 89 of 112 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 company, Coast Waste Management at 929-9417. During operations, the Contractor's schedule for resurfacing shall be designated to provide residents and business owners sufficient paved parking within an 800 foot distance from their homes or businesses. Public Notification of Work: 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 to all residences and/or businesses on the affected street or alley. 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. 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 Contractor's bid and will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All {'\ •fr' Revised 11/24/10 Contract No. 6001-1 BSS Page 90 of 112 materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 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. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012 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 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 {'\ •+' Revised 11/24/10 Contract No. 6001-1 BSS Page 91 of 112 from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall maintain a safe buffer distance from any traffic lane occupied by traffic. The Contractor's equipment shall maintain a safe distance from any traffic or pedestrians. During the entire project, a minimum of one (1) paved traffic lane, not less than 12' wide, shall be open for use by public traffic in each direction of travel. During work on the Rancho Santa Fe Rd portion of the project, a minimum of two (2) traffic lanes shall remain open and unobstructed for use by public traffic in each direction of travel at all times. If this is not possible due to road width constraints in certain areas, the Contractor shall submit a traffic control plan to the Engineer for review and approval prior to implementation. 7-10.3.3Traffic 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 2012 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the 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. 7-10.3.4Traffic 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 ,, •f' Revised 11/24/10 Contract No. 6001-1 BSS Page 92 of 112 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. 7-10.3.5Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012 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. 7-10.3.6Preparation 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, the Contractor shall have a TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 200 Revision 1, as amended for use in California) as published by CALTRANS. 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 ,, •fr' Revised 11/24/10 Contract No. 6001-1 SSS Page 93 of 112 shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3. 7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. ' 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. l' •ff Revised 11/24/10 Contract No. 6001-1 BSS Page 94 of 112 7-10.4.3Special 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. 7-10.4.4Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.SSafety 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 {"\ •+' Revised 11/24/10 Contract No. 6001-1 BSS Page 95 of 112 progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that ~ay 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 pair.ited 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." SECTION 8 -FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. l'\ • ., Revised 11/24/10 Contract No. 6001-1 BSS Page 96 of 112 Facilities are not required for agency personnel. SECTION 9-MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in th.e particular sections involved. , 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual "' •+; Revised 11/24/10 Contract No. 6001-18SS Page 97 of 112 quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request ,, • ., Revised 11/24/10 Contract No. 6001-18SS Page 98 of 112 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 change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure. From each progress estimate, 5 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 5 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within ,, • ., Revised 11/24/10 Contract No. 6001-18SS Page 99 of 112 the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4.1 Mobilization and Preparatory Work. Payment for Mobilization and preparatory work will be made at the stipulated lump-sum price of $25,000, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and ,, • ., Revised 11/24/10 Contract No. 6001-18SS Page 100 of 112 operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization and Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the unit price as listed in the Contractor's Proposal. All work shown or mentioned on the engineering drawings, standard drawings, Contract Documents, General Provisions, or 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 11/24/10 Contract No. 6001-1 SSS Page 101 of 112 SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 203 -BITUMINOUS MATERIALS 203-3 EMULSIFIED ASPHALT. 203-3.1 General. Add the following: Asphaltic emulsion shall contain polymer mixed with a bituminous material uniformly emulsified with water and an emulsifying or stabilizing agent. The polymer shall be neoprene, or butadiene and styrene copolymer. The polymer must be homogenous and milled into the asphaltic emulsion at the colloid mill. Polymer content shall be at a minimum of 2.5% by Cal Test 401. 203-3.4 Physical Properties. 203-3.4.3 Cationic Emulsified Asphalt. Add the following: Polymer modified asphaltic emulsion must be grade PM CQS-1 h ( cationic) and have the values of the properties shown in the following table: Polymer Modified Asphaltic Emulsion Property Test method Value Min Max Tests on emulsion: Saybolt Furol Viscosity @ 25 °C, MSHTOT59 15 90 SFSa Sieve test, % MSHTOT59 --0.30 Storage stability, 1 day, % MSHTOT59 --1 Residue by evaporation, % California Test 331 57 -- Particle charge MSHTOT59 Positive Tests on residue by evaporation test Penetration, 25 °C MSHTOT49 40 90 Ductility, 25 °C, mm MSHTOT51 400 -- Torsional recovery,% California Test 332 18 -- Polymer content, % California Test 401 2.5 -- Note: 8SFS means Saybolt Furol seconds Sampling must comply with Caltrans Standard Specifications Section 94-1.03. l' •+' Revised 11/24/10 Contract No. 6001-18SS Page 102 of 112 203-5 SLURRY SEAL. 203-5.1 General. Add the following: Emulsion-Aggregate Slurry shall be polymer-modified (min 2.5% residue}, cationic quick-set (PM CQS-1 h) and shall conform to the requirements of Greenbook Section 203-3, 203-5, and 302-4. 203-6 ASPHALT CONCRETE. 203-6.1 General. Add the following: Asphalt Concrete for patches shall be C 1-PG 64-1 O RAP. Asphalt Concrete for full width overlay shall be C2-PG 64-10 RAP. Asphalt Concrete in base course shall be B-PG64-10 RAP. No more than 15% recycled asphalt pavement shall be allowed in any AC mix. 203-6.8 Asphalt Concrete Storage. add the following: Storage of asphalt concrete shall not be allowed in the work. 203-15 ASPHALT PAVEMENT CRACK SEALANTS 203-15.1 Hot Pour Crack Sealant. The hot pour liquid crack sealant shall be Crafco Polyflex Ill P/N 34521 Sealant. Storage and heating instructions and cautions will be supplied with each shipment. The sealant must be able to be reheated to application temperature at least once after the initial heat up without degradation of sealant specifications. Sealant shall have an application life at application temperature up to 12 to 15 hours. SECTION 210 -PAINT AND PROTECTIVE COATINGS 210-1 PAINT. add the following section 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. 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. PTH-02ALKYD. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of 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. ,, • ., Revised 11/24/10 Contract No. 6001-1 BSS Page 103 of 112 SECTION 214 TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 214-6.4 RETROREFLECTIVE PAVEMENT MARKERS Add the following section: 214-6.3 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-6.4.3(A), or equal thereto. TABLE 214-6.4.3(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 l'\ •f' Revised 11/24/10 Contract No. 6001-18SS Page 104 of 112 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 302 -ROADWAY SURFACING 302-4.5 Scheduling, Public Convenience and Traffic Control. Add the following: The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work on trash pickup days. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9400. The Contractor shall accommodate mail delivery to residences and businesses during the work. At least two weeks prior to work, Contractor shall send, by first class main, notification letters to all property addresses on which resurfacing shall occur. Obtaining the appropriate addresses shall be the contractor's responsibility. A sample letter is included in this section, the contractor shall use this sample letter with appropriate street names, dates, times, and phone numbers specific to the work inserted in the letter. The contractor shall submit to the Agency the list of addresses to be notified, prior to sending letters. During resurfacing operations, the Contractor's schedule 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 72-hour advance 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 cor,struction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. 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 4 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 pre-cut notices shall be as shown in the Appendix, with the day of the week circled and appropriate information specific to the work inserted. The preparation, materials, printing, and distribution of the notifications whall be included in the contract price bid for "Public Notification of Work" and the Contractor will not be entitled to any ,., •+;' Revised 11/24/10 Contract No. 6001-1 SSS Page 105 of 112 additional compensation for work pertained in this section. RESIDENT NOTIFICATION EXAMPLE Dear resident: CITY OF CARLSBAD ROADWORK ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD# (760)XXX-XXXX As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be resurfaced with a layer of 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 XYZ Ave. will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: _________ _ from 8:30A.M. to 3:30 P.M. If you don't plan to leave your home by 8:30 A.M. 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 Engineering Inspection Department. 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 (760)XXX-XXXX if you have any questions regarding the project. If resurfacing is scheduled on your trash collection day, the work will be coordinated as not to conflict with trash pickup. 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 Engineering Inspection Department at 602-2780. Thank you for your cooperation as we work to make a better City of Carlsbad. l'\ •f' Revised 11/24/10 Contract No. 6001-18SS Page 106 of 112 (Date) (Name of Contractor) (Address of Contractor) (Contractor'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 8:30 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 4" 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 8:30 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." Add the following section: ,, • ., Revised 6/15/17 Contract No. 6013-17 Page 107 of 112 302-14 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section: 302-14.1 General. Damage to existing traffic loops caused by pavement repairs or cold milling will require immediate replacement of the traffic loops unless video detection has been set up and the loops are unnecessary. If pavement fabric or geo-textile is encountered during any pavement repairs or cold milling, the Contractor shall remove and dispose of it at the Contractor's expense. The cost of the work described in this section shall be included in the bid price for the repair itself or cold milling (grinding). Add the following section. 302-14.2 Two Inch Depth AC Cold Mill and Replace. The area set forth in the bid items is for estimating purposes only and the final quantities will be as measured in the field by the City Inspector. The Inspector will designate and mark the final limits of the remove and replace areas in the field by outlining the area to be patched with paint. The Contractor shall remove the asphalt concrete in the designated area to the depth required per the requirements of subsection 302-5.2 of the SSPWC. The Contractor shall sweep the street, keep dust to a minimum, and remove and dispose of the AC at the Contractor's expense. A tack coat of SS-1 h emulsified asphalt shall be applied uniformly to all asphalt-to-asphalt contact surfaces at a rate of 0.25 L/m2 to 0.45 L/m2 (0.05 to 0.1 0 gallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill the area with asphalt concrete and compact so that the finished surface of the new AC is flush with the surrounding pavement. The Contractor is required to use a self-propelled paving machine for areas 6 feet wide and wider. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 SSPWC. Add the following section. 302-14.4 Crack Sealing. All joints and cracks equal or >1/4" wide shall be cleaned to a minimum depth of 1" (25 mm) with high pressure air jet. No sealant material shall be placed until the joints and cracks have been cleaned of all loose dirt, old material, and are sufficiently dry. Both side walls of the cracks and joints must be free of dust and debris to assure optimum sealant adhesion. The joints and cracks shall be inspected and approved by the Inspector prior to placing the crack sealant material. Final joint and crack cleaning will be the same day of the sealing operation except as otherwise approved by the Inspector. The Contractor shall dispose of 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 manufacturer's recommendations. 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 50°F. Containers of hot-melt rubberized 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. Crack sealant shall be allowed to cure for 7 days prior to street resurfacing. Add the following section. 302-14.5 Measurement and Payment. Quantities of pavement repairs as set forth in the bid items are for estimating purposes only. Final quantities will be as designated and measured in the field. The Engineer will designate and mark the limits of the repairs. Full compensation for conforming to the requirements of constructing pavement repairs shall include but not be limited l'\ •+; Revised 6/15/17 Contract No. 6013-17 Page 108 of 112 to: furnishing all labor, tools, equipment, and materials necessary for doing the work as outlined in the appropriate section, including saw cutting and removing and disposing 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 the pavement repairs shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefore. The bid price for cold milling shall include removing and disposing of pavement fabric or geo- textile when encountered. 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 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 all existing or temporary traffic markings and lines. 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 surface produced 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 O') 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. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing thermoplastic and raised pavement markers. The Contractor shall collect all water and detritus resulting from striping removal from the pavement immediately 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 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. ,, •f' Revised 6/15/17 Contract No. 6013-17 Page 109 of 112 310-5.6.7 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 and within 72 hours of pavement resurfacing. After one week, a second coat of paint shall be applied to all final, approved striping. The Contractor shall paint the ends of each median nose yellow. 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 prices bid for 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 prices bid shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. SECTION 314 -TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKER 314-5 PAVEMENT MARKERS. 314-5.2.2.1 General. Add the following sentence: Epoxy adhesives shall not be installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement. Add the following section: 314-6.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 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. ,, •+;' Revised 6/15/17 Contract No. 6013-17 Page 110 of 112 SECTION 315 -TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 315-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 315-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, and signing at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way to public traffic. 315-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 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: 315-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 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. ,, • ., Revised 6/15/17 Contract No. 6013-17 Page 111 of 112 Add the following section: 315-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 315-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on approved Traffic Control plans and specified herein. As part of the Contractor's Traffic Control Plan, At least one Portable Changeable Message Sign (PCMS) is required in each direction of travel impacted by the work on Poinsettia Ln, Rancho Santa Fe Rd, and Tamarack Ave. The PCMS shall warn motorists of the work 7 days prior to start of the work, and for the entire duration of the work. Add the following section: 315-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 315-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers shall be paid for per the lump sum bid item 'Temporary Pavement Markers.' However, PCMS's, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or traffic control 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 shall also be included in the lump-sum price bid for traffic control. ,, • ., Revised 6/15/17 Contract No. 6013-17 Page 112 of 112 VICJN/1Y MAP NOT rosa.u VARIOUS STREETS SLURRY SEAL & STRIPING -SHEET 3 RANCHO SANrA FE ROAD SLURRY SEAL -SHEEr 2 STRIPING -SHEETS 8 & 9 CONSTRUCTION PLANS FOR 2018 SLURRY SEAL PROJECT NO. 6001-1BSS • CITY OF CARLSBAD CARLSBAD, CALIFORNIA CITY COUNCIL MATT HALL-MAYOR KEITH BLACKBURN -MAYOR PRO-TEM MARK PACKARD -COUNCIL MEMBER CORI SCHUMACHER -COUNCIL MEMBER MICHAEL SCHUMACHER -COUNCIL MEMBER KEVIN CRAWFORD Cl1Y MANAGER ELAINE LUKEY PUBLIC WORKS DIRECTOR SHEET INDEX SHEErNAME SHEEr NUAIBER mLESHEET 1 VARJOUS SIREETS SLURRY SEAL & STRJP1NG 2 VARIOUS SIREETS SLURRY SEAL & STRIPIHG 3 POINSETTIA WE STRfflG 4 POINSETT1A WE STRfflG 5 POIHSET11A WE STRIPfNG 6 POIHSET11A LANE STRIPING 7 RANCHO SANTA FE RCMD STRIPING 8 RANCHO SANTA FE RCMD STRIPING 9 T-,C AVENUE STRIPfNG 10 ORION ST., PAUER WY. & COUGOR DR. STR/PfHG 11 5TRJPIHG DETALS 12 l r, I "AS BUILT" NOTE: CONTRACTORSHALLLOCATEAL.LEXJSTING RCE __ EXP.__ "TE =~~~=~ 1-~---.,-. -------+.I :grs~~MONUftlENTB0)f£SANIJ -,NSPE-CTIJR ____ _ ,____, _ _,_ _________ .,___,_....,___.,__.u:JJ CI~, ~s~~~AD II~ 2018 SLURRY SEAL 1TTl.E ~W!J!/fl,,pllN' 1-1-==j==j===================t==j==jt==t=::::l APPRA:I'-· ~ M~~ I ;' lRMISPCIIT,UIONiiiE:citiirPE.J2790 lE I I t:::::c'j:::'=,j----------1-1--e:-c~..,_--1_,,-,,,.=,.,,-J~~""-~+'-'~"'--1"-llo• BY: ::::::su:::11 PRQ.Ecr No. I DRAWING NO RE\1SION DESCRIPTION= :~;:::i::: 6001-1BSS . 510-2 i ¼ SCALEr• .. .aa· SEESHEET11 FOR ST1'1IPING ! SCAL.£1" .. ,f()()' ~~~/ \\ !I/ ' cl ;~ ~c__0 ·~ .. J!ld~ ~ ,';;;;~~\~ ~ ' j/(\ '"~ //' 1( ~", ', ,::~\J/ '·· '· ~ "~~ ,I?; REI/ISION DESCRIPTION / /1$ !()' 11 _ 1/ ,>::- ii~ L/ w "AS BUILT" "'" CITY OF CARLSBAD l''"ETSI PUBLIC 'MJRl<S OEPAR1MENT 12 2018 SLURRY SEAL VARIOUS STREETS // } ~ :5:. 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I PRO..ECT NO l'DRAWING NO ~~ REVlSION ·)[SC~IPTION OTl£RAPPROVAL I~~ ~(El 6001-18SS !I 510--2 2018 Slurry Seal Street Name From Street To Street Length Width Type 1 Type 2 2"R&R Crack (FT) (FT) (SF) (SF) (SF) Seal (LF) ALTISMAWAY ALICANTE RD N. CARI NGA WYN. 450 42 18900 5000 1000 ALTISMA WAY CARINGA WYN. CARI NGA WY S. 1080 40 43200 2000 4000 ALTISMAWAY CARI NGA WY S. ALICANTE RDS. 485 40 19400 1000 1000 BEACH BLUFF END OF STREET SCHOONER WY 151 45 6806 1000 300 BEACH BLUFF SCHOONER WY HILLSIDE DR 490 32 15679 3000 2000 BRITTANY TAMARACK AV THAMES WY 288 36 10381 100 CAPE MAY CRESCENT POINT RD END OF STREET 184 45 8273 500 400 CARINGAWY AL TISMA WY N. ALTISMA WY S. 1520 40 60800 500 700 COUGAR PALMER WY EL CAMINO REAL 519 38 19735 300 CRESCENT POINT CAPE MAY PL ISLE DR 574 32 18354 3600 1500 CRESCENT POINT TAMARACK AV CAPE MAY PL 290 34 9872 100 CRESTVIEW DR EL CAMINO REAL EUCALYPTUS 310 44 13640 500 300 CRESTVIEW DR EUCALYPTUS LN SUMMERWIND 675 34 22950 300 300 EUCALYPTUS LN CRESTVIEW DR SUMMERWIND 595 34 20230 100 HASTINGS END OF STREET THAMES WY 262 44 11513 200 1000 HASTINGS THAMES WY END OF STREET 722 42 30307 1300 3000 HAVENS POINT ISLE DR END OF STREET 251 45 11276 1800 800 HILLSIDE BEACH BLUFF RD SUNNYHILL DR 420 58 24358 1200 HILLSIDE PARK DR ISLE DR 320 61 19532 100 700 HILLSIDE SEA BRIGHT DR BEACH BLUFF RD 372 60 22306 1250 200 HILLSIDE ISLE DR SEA BRIGHT DR 209 58 12148 3000 4500 IMPALA ORION WY PALMER WY 1531 46 70424 3000 4500 ISLE HAVENS POINT PL CRESCENT POINT RD 389 32 12446 350 1200 ISLE ROGUE ISLE CT HILLSIDE DR 206 35 7220 6000 600 ISLE SCHOONER WY ROGUE ISLE CT 396 32 12671 3700 1200 ISLE END OF STREET HAVENS POINT PL 270 41 11074 1000 900 ISLE CRESCENT POINT RD SCHOONER WY 272 31 8419 400 1000 LANDSFORD THAMES WY END OF STREET 171 55 9414 750 750 LANDSFORD END OF STREET THAMES WY 270 40 10801 350 750 MILFORD TAMARACK AV SEABURY ST 191 33 6296 500 500 MILFORD SEABURY ST END OF STREET 290 38 11003 400 1000 MILFORD TAMARACK AV END OF STREET 347 39 13547 800 1000 Project No. 6001-1855 2018 Slurry Seal Street Name From Street To Street Length Width Type 1 Type 2 2" R&R Crack (FT) (FT) (SF) (SF) (SF) Seal (LF) ORION ST FARADAY AV ORION WYS. 275 54 14850 500 500 ORION ST ORION WYS. ORION WYN. 470 40 18800 500 500 ORION ST ORION WYN. IMPALA 305 40 12200 500 500 ORION WY ORION ST S. ORION STN. 1235 26 32110 500 500 PALMER COUGAR DR IMPALA DR 1347 46 61946 1000 5700 PALMER IMPALA DR PRIVATE ST 340 48 16320 1000 PALMER PRIVATE ST FARADAY AV 413 48 19835 3000 1600 PASEO LUNADA RANCHO PANCHO VIA CONQUISTADOR 610 32 19520 3000 1500 POINSETTIA PASEO ESCUELA MELROSE DR 1415 70 99026 2000 500 POINSETTIA EL FUERTE ST PASEO ESCUELA 2693 62 166977 2000 1000 POINSETTIA MICA RD EL FUERTE 1240 62 76880 2000 500 POINSETTIA QUARTZ WY MICA RD 1155 62 71610 2000 500 POINSETTIA ALICANTE RD QUARTZ WY 1300 62 80600 2000 500 POINSETTIA ESTRELLA DE MAR RD ALICANTE RD 2225 62 137950 2000 1000 POINSETTIA EL CAMINO REAL ESTRELLA DE MAR 1145 62 70990 2000 500 RANCHO PANCHO EL FUERTE PASEO LUNADA 1475 36 53100 5300 3000 RANCHO SANTA FE LACOSTA AV CAMINO DE LOS COCH ES 2093 78 163292 8000 4000 RANCHO SANTA FE CAMINO DE LOS COCHES CALLE BARCELONA 1803 88 158690 8000 4000 RANCHO SANTA FE CALLE BARCELONA CAMINO ALVARO/RANCHO 1835 88 161480 8000 4000 ROGUE ISLE ISLE DR END OF STREET 279 42 11700 1200 900 SCHOONER ISLE DR BEACH BLUFF RD 647 34 22011 6000 2000 SEA BRIGHT HILLSIDE DR SEA BRIGHT PL 435 34 14782 1000 1200 SEA BRIGHT END OF STREET SEA BRIGHT DR 151 46 6928 1000 450 SEA BRIGHT SEA BRIGHT PL END OF STREET 148 49 7276 1000 450 SEABURY STOCKTON PL MILFORD PL 286 34 9707 500 SEABURY END OF STREET STOCKTON PL 436 37 16141 600 100 STOCKTON SEABURY ST END OF STREET 207 41 8494 1500 1000 SUMMERWIND PL EUCALYPTUS LN END OF STREET 775 34 26350 100 TAMARACK MARGARET WY POLLY LN 219 46 10063 500 100 TAMARACK ADAIR WY MARGARET WY 234 46 10783 500 100 TAMARACK ADAMS ST ADAIR WY 433 46 19899 500 200 TAMARACK POLLY LN HIGHLAND DR 343 45 15415 500 300 TAMARACK PIO PICO DR ADAMS ST 456 61 27809 500 200 TAMARACK HIGHLAND DR JAMES DR 328 45 14746 500 100 THAMES BRITTANY WY LANDSFORD WY 152 37 5609 450 500 THAMES HASTINGS DR BRITTANY WY 185 37 6843 450 500 Project No. 6001-18SS