HomeMy WebLinkAbout2016-07-12; City Council; 22342; Acceptance of bid and ward of contract to All American Asphalt for construction of 2016 pavement overlay project no. 6001-16OLCITY OF CARLSBAD-AGENDA BILL
AB#
MTG.
DEPT.
22 342
7/12/16
PW-TRAN
RECOMMENDED ACTION:
ACCEPTANCE OF BIDS AND AWARD OF DEPT. DIRECTOR
CONTRACT TO ALL AMERICAN ASPHALT FOR CITY ATTY.
CONSTRUCTION OF THE 2016 PAVEMENT CITY MGR.
OVERLAY PROJECT NO. 6001-160L
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Adopt a Resolution accepting bids and awarding the contract to All American Asphalt for construction of
the Pavement Overlay Project No. 6001-160L.
ITEM EXPLANATION:
The Pavement Overlay Project No. 6001-160L is part ofthe city's ongoing Pavement Management Program.
This road maintenance project will resurface portions of Carlsbad Village Drive, College Boulevard, Black
Rail Road, El Camino Real, Grand Avenue, and Park Drive. This project will also include resurfacing through
the intersections of Palomar Airport Road at Camino Vida Roble and El Camino Real at La Costa Avenue.
Resurfacing will be accomplished by applying a rubberized asphalt concrete layer over the existing
pavement. The roadways, as listed in Exhibit 2, were selected based on the existing condition of the
pavement.
On June 9, 2016, eight sealed bids were received for the construction of this project as shown on the
following table:
CONTRACfQ~ ,', ,: TOTAirBio. : ~:·5 P.Z' I .. " '"f
..:: .. <: .. ::,.:: ·:::: .
All American Asphalt $1,627,481
PAL General Engineering $1,688,030
ATP General Engineering Contractors $1,697,697
Hardy & Harper, Inc. $1,746,000
George Weir Asphalt Construction Inc. $1,836,367
RJ Noble Company $1,871,418
Hazard Construction $1,988,654
SRM Contracting & Paving $1,998,537
Staff has completed its review ofthe contract documents and found a mathematical error in the bid from
All American Asphalt. The error results in a reduction in the total bid amount by $5,000 which does not
change the ranking of the bidders. Staff has informed the contractor ofthe mathematical error, and the
DEPARTMENT CONTACT: Emad Elias 760-602-7558 emad.elias@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED :Q CONTINUED TO DATE SPECIFIC D
DENIED D CONTINUED TO DATE UNKNOWN D
CONTINUED D RETURNED TO STAFF D
WITHDRAWN D OTHER-SEE MINUTES D
AMENDED D REPORT RECEIVED D Item#5-AB#22,342 July 12, 2016 Page 1 of 124
Pavement Overlay Award of Contract
July 12, 2016
Page2 of2
contractor recognized the error and agreed to honor the unit price submitted. Based on the Public
Contracting Code, the City cannot change the contractor's submitted total bid amount. However, the
contractor will be paid based on the unit price they submitted. Staff has determined that the contract
documents are in order, and that All American Asphalt is the lowest responsive and responsible bidder.
Staff recommends that All American Asphalt be awarded the contract.
FISCAL IMPACT:
The estimated construction cost for the Pavement Overlay Project is shown in the table below:
Construction Contract $1,627,481
Construction Contingency $170,000
Construction Management, Inspection, and Materials Testing $170,000
TOTAL ESTIMATED PROJECT COST $1,967,481
Current Appropriation-Pavement Management, CIP No. 6001 $12,364,252
Current Year Expenditures/Encumbrances-Pavement Mgmt., CIP No. 6001 $3,085,070
TOTAL AVAILABLE PAVEMENT MANAGEMENTPROGRAM, CIP NO. 6001 $9,279,182
ADDITIONAL APPROPRIATION REQUESTED $0
There are sufficient funds available to complete the 2016 Pavement Overlay Project as shown above. The
funds used on this project are Pavement Management Program funds which consist of non-jurisdictional
fees (generated from trash haulers), Gas Tax funds, and TransNet-Local funds available for drawdown
from SANDAG. Remaining Pavement Management Program funds will be used on future pavement
rehabilitation and resurfacing projects.
ENVIRONMENTAL IMPACT:
The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines
Section 1530l(c) -minor alteration of existing facilities including streets, sidewalks, gutters, and similar
facilities involving negligible or no expansion.
PUBLIC NOTIFICATION:
None.
EXHIBITS:
1. Resolution accepting bids and awarding the contract to All American Asphalt for the construction of
the Pavement Overlay Project No. 6001-160L
2. Pavement Overlay Project No. 6001-160L Street List
3. Location Map
Item#5-AB#22,342 July 12, 2016 Page 2 of 124
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RESOLUTION NO. 2016-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING BIDS AND AWARDING THE CONTRACT TO
ALL AMERICAN ASPHALT FOR CONSTRUCTION OF THE PAVEMENT
OVERLAY PROJECT NO. 6001-160L.
EXHIBIT 1
WHEREAS, the City Council of Carlsbad, California has determined that it is necessary,
desirable, and in the public's best interest to construct the Pavement Overlay Project No. 6001-
160L; and
WHEREAS, on March 22, 2016, the City Council of the City of Carlsbad approved plans for
the construction ofthe Pavement Overlay Project No. 6001-160L; and
WHEREAS, eight sealed bids were received on June 9, 2016 by the City of Carlsbad for the
construction of the Pavement Overlay Project No. 6001-160L; and
WHEREAS, the lowest responsive and responsible bid to construct said project was
16 submitted by All American Asphalt in the amount of $1,627,481; and
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WHEREAS, there are sufficient funds available in the Pavement Management Program to
complete the project; and
WHEREAS, subsection 3.28.040(C)(S) of the Carlsbad Municipal Code authorizes the
City Manager to approve change orders in the amount equal to the contingency set at the time of
project award.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
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1. That the above recitations are true and correct.
Item#5-AB#22,342 July 12, 2016 Page 3 of 124
1 2. That the low bid of $1,627,481 submitted by All American Asphalt for the
2 construction of the Pavement Overlay Project No. 6001-160L is accepted and the Mayor is hereby
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authorized to execute a Contract for this project.
3. That the City Manager is hereby authorized to approve construction change
6 orders up to $170,000.
7 4. That the award of this Contract is contingent upon the bidder submitting the
8 lowest responsible bid executing the required Contract and submitting the required bonds and
9 insurance policies, as described in the Contract attached hereto as Attachment A, within 20 days
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of adoption of this Resolution. The City Manager may grant reasonable extensions of time.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council ofthe City of
2 Carlsbad on the 12th of July, 2016, by the following vote to wit:
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AYES: Hall, Wood, Schumacher, Blackburn, Packard.
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6 NOES: None.
7 ABSENT: None.
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·c
. CITY OF CARLSBAD
· San Di~go County
California
CONTRACT DOCUMENTS,
GENERAL PROVISIONS,
SUPPLEMENT AL PROVISIONS
r
FOR.
PAVEMENT OVERLAY
PROJECT
· CONTRACT NO. 6001-160L ..
. BID NO. PWS16-98TRAN
~,
\.~ Revised 2/29/16 Contract No. 6001-160L Page 1 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 6 of 124
TABLE OF CONTENTS
. Notice Inviting Bids .................................................................................. , ........................................... 5
Contractor's Proposal ....................................................................... , ................................................. 9
Bid Security Form ....................... : .............. : ...................... : .......................... : ........... , ......................... 15
Bidder's Bond To Accompany Proposal ........................................................................................... 16
Guide For Completing The "Designation Of Subcontractors" Form ............. , .................................... 18
Designation Of Subcontractor And Amount Of Subcontractor's Bid ltems: ....................................... 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 WithBid ................................. 26
Contract Public Works .............................................................................................................. : ........ 27
Labor And Materials Bond ................................................................ : ............. ~ ................................. 33
Faithful Performance/Warranty Bond ................. ··:······························ .. ································· .. ········35
Optional Escrow Agreement For Security Deposits In Lieu Of Retention ......................................... 37
GENERAL PROVISIONS
SECTION 1--TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS
1-1 TERMS .. , .................................... : ..... _. .................................................................... '" ... 40
1-3 ABBREVIATIONS ......... ; ............................................................................................ 44
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1-4 UNITS OF MEASURE ................................................................................................ 47
1-5 SYMBOLS ................................ , ................................................................................. 49
SECTION 2 -SCOPE AND CONTROL OF WORK
2-1 AWARD AND EXECUTION OF CONTRACT ............................................................ .49
2-2 ASSIGNMENT ........................................................................................................... 49
2-3 SUBCONTRACTS .............................................................. , ...................................... 49
2-4 CONTRACT BONDS ...................................................................... : ........................... 50
2-5 PLANS AND SPECIFICATIONS ................................................................................ 52
2-6 WORK TO BE DONE ....................................................... : ......................................... 55
2-7 SUBSURFACE DATA ................................................................................................ 55
2-8 RIGHT-OF-WAY ......................................................................................................... 55
2-9 SURVEYING ............. ; ................................................................. : ............................... 56
2-10 AUTHORITY OF BOfXRD AND ENGINEER ............................................................... 56
.2-11 ,. INSPECTION ............................................... : ............................................................... 57 ,.,
•+' Revised 2/29/16 Contract No. 6001-160L Page 2 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 7 of 124
SECTION 3 ~ CHANGES IN WORK
3-1 CHANGES REQUESTED BY THE CONTRACTOR. .................................................. 57
3-2 CHANGES INITIATED BY THE AGENCY .................................................................. 58
3-3 EXTRA WORK ............................. ~ .. ; ........................................................................... 59
3-4 CHANGED CONDITIONS ........................................ , ....................................... , ......... 61
3-5 DISPUTED WORK ........................... :· ......................................................................... 63
. SECTION 4 -CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP .......................................................................... 66
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE .............................. 70
SECTION 5 -. UTILITIES
5-1 LOCATION ................................................................. , .................................................. 71
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5-2 PROTECTION ............................................. · ................................ · ............................... 71
5-3 REMOVAL ................................................................................................................. 72
5-4 RELOCATION., ........................................................................................................... 72
5-5 DELAYS ....................................................................... '. ............................................. 73
5-6 COOPERATION ........................................................ ; ................................................ 73
SECTION 6.:.. PROSECUTION, PROGRESS, AND ACCEPTANCE OF THEWORK
6-1 CONSTRUCTION $CHEDULE AND COMMENCEMENT OF WORK ........................ 73
6-2 PROSECUTION OFWORK ....................................................................................... 77
6-3 SUSPENSION OF WORK. ......................................................................................... 78
6-4 DEFAULT BY CONTRACTOR ..... ; ............................................................................. 78
6-5 TERMINATION OF CONTRACT ........................... 1 .................................................... 79 ·
6-6 DELAYS AND EXTENSIONS OF TIME ..................................... :\ .............................. 79
6-7 TIME OF COMPLETION ............................................................................................ 80
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY ................................................... 81
6-9 LIQUIDATED DAMAGES ..... , ..................... :; .............................................................. 81
6-10 USE OF IMPROVEMENT DURING CONSTRUCTION .............................................. 82
SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES .................................................... 82
7-2 LABOR ....................................................................................................................... 82
7-3 LIABILITY INSURANCE ............................................................................................. 83
7-4 WORKERS' COMPENSATION INSURANCE ............................................................ 83
7-5 PERMITS ............................................................................... ; ................................... 83
7-6 THE CONTRACTOR'S REPRESENTATIVE .............................................................. 84
7-7 COOPERATION AND COLLATERAL WORK .................. i ........................ , ................ 84
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7-8 PROJECT SITE MAINTENANCE ............................................................................... 85
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS .................... 86
7-10 PUBLIC CONVENIENCE AND SAFETY ................ · .................................................... 87 ~, .
f.+7 Revised 2/29/16 Contract No. 6001-160L Page 3 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 8 of 124
7-11 PATENT,FEES OR ROYALTIES ........................................................... : ................... 94
7-12 ADVERTISING ..... : ..................................................................................................... 94
7-13 LAWS TO BE OBSERVED ................. _ ........................................................................ 94
7-14 ANTITRUST CLAIMS ................................ ; ..................................... : .......................... 94
SECTION 8 -FACILITIES FOR AGENCY PERSONNEL ............................................................ 94
SECTION 9-MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. ................................. 94
9-2 LUMP SUM WORK ...................................................................................................... 95
9-3 PAYMEN"'( ................................................................................................................... 95
9-4 BID ITEMS : .............. , ...... _ ............................................................................................. 98
SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC
SECTION 200-ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS ......................................................................... , ........ 99
SECTION 203 -BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE ......................................................... · ....................................... 100
203-14 TIRE RUBBER MODIFIED ASPHALT CONCRETE. ................................................... 101
SECTION 206-MISCELLANEOUS METAL ITEMS
206-9 PORTABLE CHANGEABLE MESSAGE SIGN (PCMS) .................... : ...................... 103
SECTION 210-PAINT AND PROTECTIVE COATINGS
210-1 PAINT ............................................................................................................................ 105
SECTION 213 -ENGINEERING FABRICS
213-2 GEOTEXTILES ................................................ _ .... , ....................... , ................................ 105
SECTION 214 PAVEMENT MARKERS
214-5 REFLECTIVE PAVEMENT MARKERS ......................................................................... 105
, SECTION 302 -ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT ............................................................................ 109
302-14 ASPHALT PAVEMENT REPAIRS AND REMEDIATION ....... , ..................................... 110
SECTION 310 -PAINTING
310-5 PAINTING VARIOUS SURFACES ................................................................................. 111
SECTION 312-PAVEMENT MARKER PLACEMENT AND REMOVAL
312-1 PLACEMENT ..................................................................... : .......................................... 113
SECTION 313-TEMPORARYTRAFFIC CONTROL DEVICES
313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS ... · ..................................................... 113
313-2 TEMPORARY TRAFFIC SIGNING ............................................................................... 114
313-4 MEASUREMENTAND PAYMENT .............................................................................. , 114
·~ \.+7 Revised 2/29/16 Contract No. 6001-160L Page 4 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 9 of 124
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
UNTIL 2:00 PM ON JUNE 2, 2016, 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 c!S follows: pavement overlay at various locations in the city
per the engineering drawings.
PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-160L
BID NO. PWS16-98TRAN
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 additiona! 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 u.nder 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 1when 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 $hall 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,. 2015 Edition, 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 net
apply.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppHers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
"'" . -t·~ • ., Revised 2/29/16 Contract No. 6001-160L Page 5 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 10 of 124
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 AmounJ of Subcontractor's Bid
5. Bidder's Statement of Technica[ Ability 9nd Experience
6. Acknowledgement of Addendum(a) · ·
7. Certificate of lnsuranc;:e.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 coinpared 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
$1,800,000
TIME OF COMPLETION: ,.
The contractor shall complete the Work within the time set in the contract as defined in the General
Provisions Section 6-7. ·
SPECIAL TY CONTRACTORS:
ACCEPTABLE LICENSE TYPES
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder t6 be licensed in accordance with California law. Where
federal furids are involved the contractor shall be properly licensed at the time the contract is awarded.
In all other cases the contractor shall state their license number, expiration date and classification in
the proposal,· under penalty of perjury. This invitation to bid does not involve federal funds. The
following classifications are acceptable for. this contract: "A" General Engineering or "C12"
Earthwork and Paving.
ESCROW AGREEMENT
If the Contractor intends to utilize the escrow agreement included in the contract documents ih lieu of
the usual 5% retention from each payment, these documen"ts must be con:,pleted and submitted with
the signed contract. The escrow agreement may not be substituted at a later date.
OBTAINING PLANS AND SPECIFICATIONS
Sets of plans, various supplemental provisions, arid Contract documents may be obtained .at the
Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad; California
92008-7314, for a non-refundable fee of$ 30 per set. If plans and specifications are to be mailed, the
cost for postage should be added.
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 fo the Engineer a written request for clarification or correction. Any ~,
f.+r Revised 2/29/16 Contract No. 6001-160L Page 6 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 11 of 124
response will be made only by a written addendum duly issued by the Engineer a copy of which will
be mailed or delivered to each person receiving a set of the contract documents. No oral response will
be made to such inquiry. Prior to the award of the contract, no addition to, modification of or
interpretation of any provision in the contract documents will be given by any agent, employee
or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on
directions given by any agent, employee or contractor of the City of Carlsbad except as
hereinbefore specified.
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 awarc;:led 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 Cod~ 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 a·nd 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 C9de, 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 BtD MEETING
A pre-bid meeting and tour of the project site will not be held.
UNIT PRICES AND COMPUTATION OF BIDS
All bids c;1re 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. · · .~ ' 'f.' ~ •~ Revised 2/29/16 Contract No. 6001-160L Page 7 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 12 of 124
ADENDUMS.
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 Cont.ract 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 a·s 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 insura.nce 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 1 O calendar days of the
insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1) Have ~ 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 iil 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 th.at 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.
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. 22,241, adopted
on the 22ND day of March, 2016.
A ril 20, 2016
Date .~ f.. •+i' Revised 2/29/16 Contract No. 6001-160L Page 8 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 13 of 124
CITY OF CARLSBAQ
PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-1 GOL
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. 6001-160L in accordance with the P.lans,
Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will
take in full payment therefore the following unit prices for each item complete, to wit:
Item
No. Des~ription
1 Mobilization and Preparatory
work at
Twenty-five thousand
(Lump Sum Price in Words)
2 Public Notification of Work at
(Lump Sum Price in Words)
3 Traffic Control and TCP at
(Lump Sum Price in Words)
4 Remove Thermoplastic at
(Price in Words)
5 2-inch Depth AC Cold Mill
and Replace with conv. AC at
(Unit Price in Words)
~"' . f.l Revised 2/29/16
Approximate
Quantity
And Unit
1 LS
1 LS
1 LS
1 LS
Stipulated
Amount
20,000 SF $
Contract No. 6001-160L
Unit Price
(Figures)
$25,000
Total Amount
(Figures)
$25,000
$
$
$
$
Page 9 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 14 of 124
Approximate
Item Quantity Unit Price Total Amount
No. Description And Unit (Figures) (Figures)
6 C2 PG64-28TR HMA at 13,702 Tons $ $
(Unit Price in Words)
7 AC Cold Milling and Disposal 461,000 SF $ $
of Grindings -Depth Varies
at
(Unit Price in Words)
8 Replace Traffic Signal 21 EACH $ $
Detector Loops Type E at
(Unit Price in Words)
9 Install Blue Fire Hydrant 15 EACH $ $
Markers at
(Unit Pri9e in Words)
10 Install Temporary Pavement 1 LS $
Markers at
(Lump Sum Price in Words)
11 Install Striping, Thermo, and 1 LS $
RPMs per Plans and MUTCD
at
(Lump Sum Price in Words)
12 Replace Water Valve Boxes 224 EACH $ $
and Adjust to Grade at
(Unit Price in Words)
13 Replace Monument Boxes 10 EACH $ $
and Adjust to Grade at
(Unit Price in Words) ., .
f.+7 Revised 2/29/16 Contract No. 6001-160L Page 10 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 15 of 124
Item
No. Description
14 Adjust to Grade Manholes at
(Unit Price in Words)
Total amount of bid in words:
Approximate
Quantity
And Unit
86 EACH
Unit Price
(Figures)
$ _ __,_ __ _
Total Amount
(Figures)
$ ____ _
-------------------------
Total amount of bid in numbers: $ __________ _
Price(s) given above are firm for 90 days after date of bid opening. . .
Addendum(a) No(s). _________ has/have been received and is/are included in this
proposal.
The Undersigned has carefully checked all of the above figures and understands that the City will not
be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in. case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize· award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under pl;lnalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under
license number , classification which expires on
__________ , and that this statement is true and correct and hasthe legal effect of an ·
affidavit.
A bid submitted to the City by c1 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 §
7028.1 S(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by
the failure of the bidder to be licensed in accordance with California law. However, at the time the
contract is awarded, the contractor shall be properly licensed.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the. City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
him/her to enter into this Contract, excepting only those contained in this form of Contract and the
papers made_ a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the
same work; and is in all respects fair and without collusion or fraud.
Accompanying this proposal is --------------(Cash, Certified Check, Bond or
Cashier's Check) for ten percent (10%) of the amount bid.
~"' '-~ Revised 2/29/16 Contract No. 6001-160L Page 11 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 16 of 124
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be in~ured 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
comple~e.
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
arid agrees to comply with its provisions. ,
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted--------------------
(2) Signature (given and surname) of proprietor __________________ _
(3) Place of Business ______________ ~------------
'' (Street and Number)
City and State __________________________ _
(4) Zip Code ________ Telephone No.---------------
(5) E-Mail ___________________________ _
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted ___________________ _
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)
(3) Place of Business-----------------'-----------~
(Street and Number)
City and State ___________________________ _
(4) Zip Code ________ Telephone No.---------------
(5) E-Mail--------------------------'---
. ..,~ f~ •fi Revised 2/29/16 Contract No. 6001-160L Page 12 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 17 of 124
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted--------,------------
(2) ________________________ _
(Signature)
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of_~-----------~----
~) Place of Business_.--------~-----------------
(Street and Number)
City and State_~-------------------------
(5) Zip Code-----"----Telephone No.--------------
(6) E-Mail ____________________ ___; _______ _
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
~" .. f.+;' Revised 2/29/16 Contract No. 6001-160L Page 13 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 18 of 124
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 2/29/16 Contract No. 6001-160L Page 14 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 19 of 124
BID SECURITY FORM
(Check to Accompany Bid)
PAVEMENT OVERLAY PROJECT
CONTRACT NO .. 6001-1 SOL
(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, iri 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 ijccepted by the City through action of
its legally constituted contracting authorities and the undersigned shall fail to exE!cute a contract and
furnish the· required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the check shall be returned to the 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 (j 0%) of the total amount of the bid.)
.,
\.+;" Revised 2/29/16 Contract No. 6001-160L Page 15 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 20 of 124
BIDDER'S BOND TO ACCOMPANY PROPOSAL
PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-1 SOL
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and ,
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows:
(must be at least ten percent (10%) ofthe bid amount) · for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors
or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-160L
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
('\ . •fr Revised 2/29/16 Contract No. 6001-160L Pagl:l 16 of114 Pages
Item#5-AB#22,342 July 12, 2016 Page 21 of 124
not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this ____ day of~--------' 20 __ .
PRINCIPAL:
(name of Principal)
By:_~----------
(sign here)
(print name here)
{Title and Organization of Signatory)
By: ___________ _
(sign here)
(print name here)
(title and organization of signatory)
Executed by SURETY this day
·of , 20 .
SURETY:
(name of Surety)
(address of Surety)
(telephone number of Surety)
By: ---------------(signature of Attorney-in-Fact)
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs,-the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorney
By: _________________ _
Deputy City Attorney
~,
\.+;' Revised 2/29/16 Contract No. 6001-160L Page 17 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 22 of 124
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTORS" FORM
REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are
urged to revi~w 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.
CAUTION$ 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 res.ult 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. rSpecialty items of work that may oe 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) cif 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 as·signed to the Contractor or the Subcontractor as the case may be, that the Bidder proposes
as installer' of said materials. The vaJue 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.
Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible
to perform work. cm a public works project pursuant to Labor Code Sections 1771.1 or 1777. 7.
l' •ii' Revised 2/29/16 Contract No. 6001-160L Page 18 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 23 of 124
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.
~~· \.4' Revised 2/29/16 Contract No. 6001-160L Page 19 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 24 of 124
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
(To Accompany Proposal)
PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-1 SOL
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 ce.rtifies that no additional subcontractor will b~ 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 BIO ITEMS
Page __ of __ pages of this Subcontractor Designation form
.
* Pursuant fo section 4104 (a)(2)(A) California Public Contract Code, receipt of the infonnation preceded by an asterisk may be submitted
by the Bidder up to 24 hours after the deadline for submitting bids contained in tlie "Notice Inviting Bids."
·'. \.ii' Revised 2/29/16 ContracfNo. 6001-160L Page 20 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 25 of 124
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-160L
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.
·~ f.;, Revised 2/29/16 Contra.ct No. 6001-160L Page 21 of114 Pages
Item#5-AB#22,342 July 12, 2016 Page 26 of 124
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-1 SOL
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 willingnes~ to issue insurance for auto policies offer~d
to meet the specification of this contract must:
1) Meet the conditions statecf 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 off site, whether
owned, non-owned or hired, and whether scheduled or non-scheduled .
. ~ ' \.4' Revised 2/29/16 Contract No. 6001-160L Page 22 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 27 of 124
BIDDER'S STATEMENT RE DEBARMENT.
(To Accompany Proposal)
PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-1 GOL
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another
jurisdiction in the State of California?
yes no
I
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:
(narrie of Contractor)
By: ____ ~-------
(sign here)
(print name/title)·
Page __ of __ pages of this Re Debarment form
. ~"' f.;r Revised 2/29/16 Contract No. 6001-160L Page 23 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 28 of 124
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
. PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-1 SOL
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 ~ct 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 Lic~nse 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 peripd?
yes no
2) Has the suspension or revocation of your contractor's license ever been stayed?
yes no
3) Have· any subcontractors that you propose to perform any portion of the Work ever had their
contractor's license suspended or revoked by the California Contractors' State license Board two,
or more times within an eight year period?
yes no
4) Has the SU$pension or revocation of the license of any subcontractor's that you propose to perform
any portion of the Work ever been stayed? '
yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action ta.ken therefore.
(If needed attach additional sheets to provide full disclosure.)
Page __ of __ pages of this Disclosure of Discipline form ~, .
"\~ Revised 2/29/16 Contract No. 6001-160L Page 24 of 114 Pages Item#5-AB#22,342 July 12, 2016 Page 29 of 124
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
_(To Accompany Proposal)
PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-160L
-6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's
discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the
nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
(name of Contractor)
By: _____________ _
(sign here)
(print name/title)
Page __ of __ pages of this Disclosure of Discipline form
~"' f..., Revised 2/29/16 Contract No. 6001-160L Page 25 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 30 of 124
NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
The undersigned declares:
PAVEMENTOVERLAY PROJECT
CONTRACT NO. 6001-160L
I am the _____ of ______ , the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association,· organization, or corporation. The bid is genuine and not collusive or sham. The bidder
has not directly or indirectly induced or solicited any othe.r 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
indirectiy, sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, to any corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid,
and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership; joint
venture, limited liability company, limited liability partnership, or any other entity, hereby represents
that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct and that this declaration is executed on , 20 __ at
____ [city], [state].
Signature of Bidder
~" \.fi' Revised 2/29/16 · Contract No. 6001-160L Page 26 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 31 of 124
CONTRACT
PUBLIC WORKS
This agreement' is made this . day of , 20_. _,
by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and whose principal place of business is
(hereinafter called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
(hereinafter called "project")
PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-160L
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting· Bids,
Contractor's Proposal, Bidder's Bond, Noncollusion Declaration,· Designation of Subcontractors,
Technical Aoility 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 awi"1re of those conditions. The Contract price includes payment for all work that may be done
by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor.by City about underground conditions or other
job conditions is for Contractor's convenience only, and City does not warrant that the conditions are ~,
'\fi' Revised 2/29/16 Contract No. 6001-160L Page 27 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 32 of 124
as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and
has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the· surface Contractor shall promptly,
and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as
defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I,
Class_ II, or Class 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 req\.lirements, 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 applfcable 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 kirid, nature· and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any ahd 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 . ~"' \.+iv Revised 2/29/16 Contract No. 6001-160L Page 28 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 33 of 124
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 Contrador will pay all costs, including defense costs for the City. Defense costs
include the cost of separate counsel for City, if City requests separate cout1se1:
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 Insurance: $2,000,000 combined single limit per occurrence for
bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the
amounts specified shall be established for the risks for which the City or its agents, officers or
employees are additional insured.
b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle U$ed 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.
(8) 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 contra.ctor; premises owned, leased, hired or borrowed by the contractor.
The coverage shall contain no special limitations on t.he scope of protection afforded to the City, its
officials, employees or volunteers. All additional insured endorsements inust be evidenced using
separate documents attached to the certificate of insurance; one for each company affording general
liability, and employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the 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. · ·
{'\
• ., Revised 2/29/16 Contract No. 6001-160L Page 29 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 34 of 124
d. Coverage shallstate that the contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return
receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City,
its officials and employees; or the contractor shall procure a bo.nd guaranteeing payment of losses
and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors .. Contractor shall include all subcontractors as insured under its policies or shall
furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors
shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by City Council Policy # 70.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements are to be in forms approved by the City and are to be
received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in
the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with. section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in Section 3 of the General Provisions. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
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 conj_unction with litigation.
(8) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution .
..... '(·~
• .., Revised 2/29/16 .. Contract No. 6001-160L Page 30 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 35 of 124
(C) Government Code. Contractor acknowledges that California Government Code sections 12650
et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant.to the False Claims
Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proc~eding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor
from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
I have read and understand all provisions of Section 11 above. ____ init ____ init
12. Maintenance of Records. Contractor shall maintain and make ayailable at no cost to the City,
upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of
the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of
business as specified above, Contractor shall so inform the City by certified letter accompanying the
return of this C.ontract. Contractor shall notify the City by certified mail of any change of address of
such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities iri 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 . . .,..
fa/ Revised 2/29/16 Contract No. 6001-160L Page 31 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 36 of 124
17. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" ,attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
{CORPORATE SEAL)
CONTRACTOR:
(name of Contractor)
By:~~~~-:--::---:-----:~~~~~-(sign here)
(print name and title)
By: ___ ....,......,--,--~--,------
(sign here)
(print name and title)
CITY OF CARLSBAD a municipal corporation of
the State of California
ATTEST:
BARBARA ENGLESON, City Clerk
President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorney
By:-------------Deputy City Attorney
~"\ '-+v Revised 2/29/16 Contract No. 6001-160L Page 32 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 37 of 124
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.
________ , adopted , has awarded to
(hereinafter designated as the "Principal"), a Contract for:
PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-160L
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require
the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for
any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, -or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, , as
Principal, (hereinafter designated as the "Contractor"), and.-------------
---------------as Surety, are held firmly bound unto the City of Carlsbad
-----------------~-----Dollars ($ ,
said sum being an amount equal to: One hundred percent (100%) of the total amount payable under
the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we
bind ourselves, our heirs, executors and ad,ministrators, successors, or assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail
to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the .
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 9100, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with c'alifornia Civil Code section 9554. ·
This bond shall inure to the benefit of a·ny of the persons named in California Civil Code section 9100,
so as to give a right of action to those persons or their assigns in any suit brought upon the bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed hereunder or the specifi~ations accompanying the same
shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of
time, alterations or addition to the terms of the contract or to the work or to the specifications.
~, . f.+r Revised 2/29/16 Contract No. 6001-160L Page 33 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 38 of 124
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this _____ _
day of. __________ , 20 __ _
CONTRACTOR:
(name of Contractor)
By: _____________ _
(sign here)
(print name here)
(title and organization of signatory)
By: _____________ _
(sign here)
(print name here)
(title and organization of signatory)
Executed by SURETY this _______ _
day of __________ , 20 __ _
SURETY:
(name of Surety)
(address of Surety).
(telephone number of Surety)
By: ____________ --,-,--
(signature of Attorney-in-Fact)
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power
of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate
seal empowering that officer to bind the corporation:)
APPROVED AS TO FORM:
CELIA A BREWER
City Attorney
By:
Deputy City Attorney
~" \.4i' Revised 2/29/16 Contract No. 600H60L Page 34 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 39 of 124
FAITHFUL PERFORMANCE/WARRANTY BOND
WHl=REAS, the City Council of the City of Carlsbad, State of California, by Resolution
No. , adopted , has awarded to
------------------------------' (hereinafter
designated as the "Principal"), a Contract for:
PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-1 GOL
in the City of Carlsbad, in strict conformity with the contract the drawings and specifications, and other
Contract Documents now on file i.n the Office of the City Clerk of the City of Carlsbad, all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or i$ about to execute said Contract and the terms thereof require
the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, , as Principal,
(hereinafter designated as the "Contractor"}, and-------,-------------
-------------' as Surety, are held and firmly bound unto the City of Carlsbad,
------------'--------------Dollars ($ ,
said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be
paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heir$,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed there under or the specifications accompanying the same
shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of
time, alterations or addition to the terms of the contract or to the work or to the specifications.
-"'"Jlo'. . (-e •fl Revised 2/29/16 Contract No. 6001-160L Page 35 of 114 Pages Item#5-AB#22,342 July 12, 2016 Page 40 of 124
· In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this _____ _
day of __________ , 20 __ _
CONTRACTOR:
(name of Contractor)
By: ____________ _
. (sign here)
(print name here)
(title and organization of signatory)
By: _____________ _
(sign here)
(print name here)
(title and organization of signatory)
Executed by SURETY this _______ _
day of __________ , 20_. __ _
SURETY:
(name of Surety)
(address of Surety)
(telephone number of Surety)
By: _____________ _
(signature of Attorney-in-Fact)
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power
of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer
signs, the corporation must attach a ~esolution certified by the secretary or assistant secretary under corporate
seal empowering that officer to bind the corporation.) ' ·
APPROVED AS TO FORM:
CELIA A BREWER
City Attorney
By:
Deputy City Attorney
~~ 'fwl Revised 2/29/16 Contract No. 6001-160L Page 36 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 41 of 124
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
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 .
PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-1 SOL .
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 c~sh
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.
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 ,,
• ., Revised 2/29/16 Contract No. 6001-160L Page 37 of 114 Pages Item#5-AB#22,342 July 12, 2016 Page 42 of 124
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 Gash as instructed by the City.
8. Upon receipt of wrltten 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 dosed 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:
For Contractor:
For Escrow Agent:
Signature----------------
Address 1635 Faraday Avenue, Carlsbad, CA 92008
Title _________________ _
Name _______ _;__ _________ _
Signature----------------
Address ---------,-----------
Title _________________ _
Name ----------------,.---
Signature----------------
Address ________________ _
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
~,
f.4r Revised 2/29/16 Contract No. 6001-160L Page 38 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 43 of 124
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City: Title MAYOR
Signature---'---------'----~----
Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008
For Contractor: Title ___ _
Name _____ -,-___________ _
Signature ______ ~---------
Address---,-~-------------
For Escrow Agent: Title-----------------'---
Name -----------,----'-------
Signature _______________ _
Address ____________ _;_ __ _
~~
\./ Revised 2/~9/16 Contract No. 6001-160L Page 39 of 114 Pages
Item#5-AB#22,342 July 12, 2016 Page 44 of 124
GENERAL PROVISIONS
FOR
PAVEMENT OVERLAY PROJECT
CONTRACT NO. 6001-160L
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 ofsimilar 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.
I
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 plate 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. ~,
\ii+;> Revised 11/lW10 Contract No. 6001-160L Page 40 of 114
Item#5-AB#22,342 July 12, 2016 Page 45 of 124
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 imniediately 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.
!IP"\ \.+,' Revised 11/24/10 Contract No. 6001-160L Page 41 of 114
Item#5-AB#22,342 July 12, 2016 Page 46 of 124
Contractor-The individual, partnership, corporation, joint venture, or other legal entity having a
Contract with the Agency to perform the Work. In the cas~ of work being done under permit issued
by the Agency, the permittee shall be constructed to be the Contractor. The term "prime
contractor'' shall meari Contractor.
Contract Price -The total amount of money for which the Contract is awarded.
Contract Unit Price -The amo1,1nt 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, cir 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).
Lurhinaire 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 1 D 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.
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Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on
which the Contract time will start.
Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work.
Further, such employees have their employment taxes, State disability insurance payments, State
and Federal income taxes paid and administered, as applicable, by the Contractor. When used
in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or
leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment
with an operator is not part of the Contractor's Own Organization and will not be included for the
purpose of compliance with Section 2-3.1.
Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other
legal entity.
Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or
reproductions thereof, approved by the Engineer, which show the location, character, dfmensions,
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. ,,
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Standard Specifications -The Standard Specifications for Public Works Construction
(SSPWC), the "Greenbook''.
State -State of California.
Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm
water.
Street-Any road, highway, parkway, freeway, alley, walk, or way.
Subbase -A layer of specified material of planned thickness between a base and the subgrade.
Subcontractor -An individual, firm, or corporation having a direct contract with the Contractor
or with any other Subcontractor for the performance of a part of the Work.
Subgrade -For roadways, that portion of the roadbed on which pavement, surfacing, base,
subbase, or a layer of other material is placed. For structures, the soil prepared to support a
structure.
Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the
performance of obligations, and the exercise of rights, sp,ecifically 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 Contn,1ct Documents signed by both
parties.
Supplemental Provisions -Addition~ and revisions to the Standard Specifications setting forth
conditions and requirements peculiar to the work.
Surety-Any individual, firm, or corporation, bound with and for the Contractor for the acceptable
performance, execution, and completion of the Work, and for the satisfaction of all obligations
incurred.
Tonne-Also referred to as "metric ton". Represents a unit of measure in the International System
of Units equal to 1,000 kilograms.
Utility-Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers,
or storm drains owned, operated, or maintained in or across a public right of way or private
easement.
Work -That which is proposed to be constructed or done under the Contract or permit, including
the furnishing of all labor, materials, equipment, and services.
1-3 ABBREVIATIONS
1-3.1 General. The abbreviation herein, together with others in general use, are applicable to
these Standard $pecifications and to project Plans or other Contract Documents .
. ,
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Item#5-AB#22,342 July 12, 2016 Page 49 of 124
All abbreviations and symbols used on Plans for structural steel construction shall conform to
those given by the "Manual of Steel Construction" published by the American Institute of Steel
Construction, Inc.
1-3 .. 2 Common Usage
Abbreviation Word or Words
ABAN ......... , ...................................... , ............ Abandon CTB. ............................................ Cement treated base
ABAND ...................................................... Abandoned CV ............................................................. Checkvalve
ABS ........................ Acrylonitrile -butadiene -styrene CY ............................................................... Cubic yard
AC ..................................................... Asphalt Concrete D ........................... , .................................. Load of pipe
ACP .......................................... Asbestos cement pipe dB ................................... , .............................. Decibels
ACWS ..................... Asphalt concrete wearing surface DBL ......... , ......................................................... Double
ALT ................................................................ Alternate. OF ............................................................... Douglas fir
APTS ................................ Apartment and Apartments DIA ................................................................. Diameter
AMER STD ................................... American Standard DIP ..................................................... Ductile iron pipe
AWG ............... American Wire Gage (nonferrous wire) DL ..................................... :: .......................... Dead load.
BC ....................................... , .......... Beginning of curve DR ...................................................... Dimension Ratio
BCR ....................................... Beginning of curb return DT_ ............. ·:···· ................... , ........ _ .................. Drain Tile
BORY ............................................................ Boundary DWG ............ , .............................. : ................... Drawing
BF ..................................................... Bottom of footing DWY .................. .' .......................................... Driveway
BLDG ........................................ Building and Buildings DWY APPR ................................... Driveway approach
BM ............................................................ Bench mark E ... ' ...... · ........................................................... '.. Electric
BVC ................................... Beginning of vertical curve EA .......................... :· ............................................. Each
B/W ........................................................... Back of wall EC ............................................................ End of curve
CIC ..................................................... Center to center ECR ..................... : .......................... End of curb return
CAB ...................................... Crushed aggregate base EF .......................... : ...................................... Each face
CAUOSHA. ........... California Occupational Safety and EG .......................................................... Edge of gutter
Health Administration
CalTrans ....... California Department of Transportation
EGL. ................................................. Energy grade line
El ......... : ............................................ : ........... Elevation
CAP ................................... Corrugated aluminum pipe ELG ... : ................................. Electrolier lighting conduit
CB ..................................................... : ....... Catch Basin ELT ........... '. ............................................ Extra long ton
Cb .... ; ................................................................... Curb ENGR ....................................... Engineer, Engineeri11g
CBP ............................... Catch Basin Connection Pipe EP ................................................... Edge of pavement
CBR ....................................... California Bearing Ratio
CCR ............................. California Code of Regulations
CCTV ............................................... Closed Circuit TV
CES ......................... Carlsbad Engineering Standards
ESMT ........................................................... Easement
ETB .......................................... Emulsion-treated base
EVC ., ................................... : ........ End of vertical curb
EWA. .............................. Encina Wastewater Authority
CF ................................................................. Curb face EXC ............................................................ Excavation
CF ................................................................ Cubic foot EXP JT.. ............................................... Expansion joint
C&G .................................................... Curb and gutter EXST ............................................................... Existing
CFR ................................ Code of Federal Regulations F ................................................................... Fahrenheit
CFS .......................................... Cubic Feet per Second F&C ................................................... Frame and cover
GIP ......................................................... Cast iron pipe F&I .................................................. Furnish and install
CIPP ............................................... Cast-in place pipe FAB ............................................................... Fabricate
CL ............................................. Clearance, center line FAS ............................................... Flashing arrow sign
CLF ..................................................... Chain link fence FD ......................................................... · ...... Floor drain
CMB ............................... Crushed miscellaneous base FON ........................................................... Foundation
CMG ......................................... Cement mortar-coated FED SPEC .................................. Federal Specification
CML ............................................ Cement m0rtar-lined FG ........................................................ Finished grade
CMWD .................... Carfsbad Municipal Water District FH ., ........................................................... Fire hydrant
CO ....................................... .-........... Cleanout (Sewer)
COL ................................................................. Column
FL. .................................................................. Flow line
FS ...................................................... Finished surface
COMM ...................................................... Commercial FT-LB ......................................................... Foot-pound
CONC ............................................................ Concrete FTG .................................................................. Footing
CONN ........................................................ Connection FW .......................................................... .-. Face of wall
CONST ................................... Construct, Construction G ........................................................................... Gas
COORD ...................................................... Coordinate GA ..................................................................... Gauge
CSP ... , ....................................... Corrugated steel pipe GAL. ............................................... Gallon and Gallons
CSD ................. , ............. Carlsbad Standard Drawings GALV ......... .' ........................... , ................... Galvanized ,,
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GAR ........................................... Garage and Garages OC ............................................................... On center
GIP .............................................. Galvanized iron pipe OD .................................................... Outside diameter
GL ·································.········ Ground line or grade line
GM ............................... : .............................. Gas meter
OE ............................................................... Outer edge
OHE ................................................. Overhead Electric
GNV ......... : ..................................... Ground Not Visible OMWD .................. Olivenhain Municipal Water District
GP .................................................................. Guypole OPP ............................................................... Opposite
GPM ................................................ gallons per minute ORIG ................................................................ Original
GR ............. , ....................... : ............................... Grade PB ................................................................... Pull box
GRTG .............................................................. Grating PC .................................................... Point of curvature
GSP ........................................... Galvanized steel pipe PCC ....................... Portland cement concrete or point
H ............................................................ High or height
HB .................................................................. Hose bib
of compound curvature
PCVC ....................... Point of compound vertical curve
HC ................................................... House connection
HOWL ........................................................... Headwall
PE ............................................................ Polyethylene
Pl .................................................. Point of intersection
HGL ............................................. Hydraulic grade line
HORIZ .......................... : ................................ Horizontal
PL ............................................................ Property line
PMB ............................ Processed miscellaneous base
HP ............................................................. Horsepower POC ...................................................... Point on curve
HPG ................................................ High pressure gas POT ................................................... Point on tangent
HPS ............................... High pressure sodium (Light) PP .............................................................. Power pole
HYDR ............................................................ Hydraulic PRC .......................................... Point of reverse curve
IE ........................................................ Invert Elevation PRVC ............................ Point of reverse vertical curve
ID ......................................................... Inside diameter PSI. ........................................ Pounds per· square inch .
INCL. .......•...................................................... Including PT .................................................... Point of tangency
INSP ............................................................ Inspection PVC .............•................................... Polyvinyl chloride
INV ...................................................................... Invert PVMT ....................................... , ................... Pavement
IP ................................................................... Iron pipe PVT R/W ....................................... Private right-of-way
JC ................................ ,.: ................. Junction chamber Q ........................ Rate of flow in cubic feet per second
JCT ................................................................. Junction QUAD ....................................... Quadrangle, Quadrant
JS ............................... : ..................... Junction structure R ....................................................................... Radius
JT .......................................................................... Joint R&O ......................................................... Rock and oil
L. ......................................... · ....... : ...................... Length
LAB ............................................................. Laboratory
R/W .......................................................... Right-of-way
RA ....................................................... Recycling agent
LAT ................................................................... Lateral RAC ................................... Recycled asphalt concrete
LB ...................................................................... Pound RAP ............................... Reclaimed asphalt pavement
LO .... : ................................................ Local depression
LF .......................................................... , ..... Linear foot
RBAC .............................. Rubberized asphalt concrete
RC ................................................ Reinforced concrete
LH .................................................... , .......... Lamp hole
LL. ....................... : .......................................... Live load
RCB ...................................... Reinforced concrete box
RCE ............................. : ........ Registered civil engineer
LOL ............................................................. Layout line RCP ............... , ..................... Reinforced concrete pipe
LONG ........................................................ Longitudinal RCV ........................................... Remote control valve
LP ............................................................... Lamp post REF .............................................•...... , .......... Reference
LPS ............................. : .... Low pressure sodium (Light) REINF .............................. Reinforced or reinforcement
LS ............................................................... Lump sum RES .............................................................. Reservoir
L TS ........ : ........................................... Lime treated soil RGE ........................ Registered geotechnical engineer
LWD ............................... Leucadia Wastewater District ROW ..................... : ................................. Right-of-Way
MAINT ...................................................... Maintenance RR ................................................................... Railroad
MAX .............................................................. Maximum RSE ............................. Registered structural engineer
MCR ............................................ Middle of curb return RTE .................................... Registered traffic engineer
MEAS ............................................................. Measure S ................................... Sewer or Slope, as applicable
MH ................................... Manhole, maintenance hole
MIL SPEC .................................... Military specification
SCCP ............................... Steel cylinder concrete pipe
SD ........................................................ : ..... Stdrm drain
MISC ..................................................... Miscellaneous SDNR. ............................. San Diego Northern Railway
MOD .................................................. Modified, modify SOR ....... Standard thermoplastic pipe dimension ratio
MON ............... , ........................................... Monument (ratio of pipe 0.0. to minimum wall thickness)
MSL .. Mean Sea Level (Reg. Standard Drawing M-12) SDRSD ......... San Diego Regional Standard Drawings
MTBM ......................... Microtunneling Boring Machine
MUL T ............................................................... Multiple
MUTCD ..... Manual on Uniform Traffic Control Devices
MVL ............................................... Mercury vapor light
SE ...................................................... Sand Equivalent
SEC ................................................................. Section
SF .............................................................. Square foot
SFM ................................................ Sewer Force Main
NCTD ......... , .................... North County Transit District SI ...................... International System of Units (Metric)
. NRCP ........................... : ... Nonreinforced concrete pipe SPEC ..................................................... Specifications
OBS •.............................................................. Obsolete SPPWC ........... , .............................. Standard Plans for ,,
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Public Works Construction
ST HWY .............................................. , .. State highway
TSS ........................................... Traffic signal standarp
TW .............................................................. Top of wall
ST A ................................................................. : .. Station TYP ................................................................... Typical
STD ................................................................ Standard UE .............................................. Underground Electric
STR .................................................................. Straight USA .................. , ................ Underground Service Alert
STR GR ................................................. Straight grade VAR .................................................... Varies, Variable
STRUC ......................................... Structural/Structure VB ................................................ : ............. ,. Valve box
SW ................................................................. Sidewalk VC ................. : ........................................ Vertical curve
SWD ..................................................... Sidewalk drain VCP .................................................. Vitrified clay pipe
SY ....... : .............................. , ...................... Square yard VERT ............................................................... Vertical
T .................................................................. Telephone
TAN ................................................................. Tangent
VOL. ................................................................. Volume
VWD .... : ................................. Vallecitos Water District
TC .............................................................. Top of curb W ....................... Water, Wider or Width, as applicable
TEL ............................................................. Telephone WATCH .............. Work Area Traffic Control Handbook
TF .......................................................... Top of footing WI ............................................................. Wrought iron
TOPO ........................................................ Topography
TR .................................................................... · ..... Tract
WM .......................................................... Water meter
WPJ ........................................... Weakened plane joint
TRANS ......................................................... Transition XCONN ............................................ Cross connection
TS ......................... Traffic signal or transition structure· XSEC ................................................... .-. Cross section
TSC .. :: ......................................... Traffic signal conduit
1-3.3 Institutions.
Abbreviation Word or Words
AASHTO
AISC
ANSI
API
AREA
ASTM
AWPA
AWS
AWWA
FHWA
GRI
NEMA
NOAA
UL
USGS
American Association of State Highway and Transportation Officials
American Institute of Steel Construction
American National Standards Institute
American Petroleum Institute
American Railway Engineering Association
American Society for Testing and Materials
American Wood Preservers Association
American Welding Society
. American Water Works Association
Federal Highway Administration
Geosynthetic Research Institute
National Electrical Manufacturers Association
National Oceanic and Atmospheric Administration (D~pt. of Commerce)
Underwriters' Laboratories Inc.
United States Geological Survey
1-4 UNITS OF MEASURE.
1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal
measurement system in these specifications. However, certain material specifications and test
requirements contained herein use SI units specifically and conversions to U.S. Standard
Measures may or may not have been included in these circumstances. When U.S. Standard
Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S.
Standard Measures in parenthesis may or may not be exactly equivalent.
Reference is also made to ASTM E 380 for definitions of various units of the SI system and a
more extensive set of conversion factors.
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1-4.2 Units of Measure and Their Abbreviations.
U.S. Customary Unit
(Abbreviations)
1 mil(=0.001 in)
1 inch (in)
1 inch (in)
1 foot (ft)
1 yard (yd)
1 mile (mi)
1 square foot (ft2)
1 square yard (yd2)
1 cubic foot (ft3)
1 cubic yard (yd3)
1 acre
1 U.S. gallon (gal)
1 fluid ounce (fl. oz.)
1 pol,md mass (lb) (avoirdupois)
1 ounce mass (oz)
1 Ton (=2000 lb avoirdupois)
1 Poise
1 Gentistoke (cs)
1 pound force (lbf)
1 pounds per square inch (psi)
1 pound force per foot (lbf/ft)
1 foot-pound force (ft-lbf)
(Equal To)
1 foot-pound force per E>econd ([ft-lbf]/s)
1 part per million (ppm)
Temperature Units and Abbreviations
Degree Fahrenheit (°F):
°F = (1.8 x °C) + 32
SI Units (abbreviation) Commonly Used in Both Systems
1 Ampere (A)
1 Volt (V)
1 Candela ( cd)
1 Lumen (Im)
1 second (s)
Common Metric Prefixes
kilo (k) · 103
centi(c) 10-2
milli(m) 10-3
micro (µ) 1 o-s
nano (n) 10-9
pico (p) 10-12
~,
\a+;' Revised 11/24/10 Contract No. 6001-160L
SI Unit
(Abbreviations)
25.4 micrometer (µm)
25.4 millimeter (mm)
2.54 Gentimeter (cm)
0.3048 meter (m)
0.9144 meter (m)
1.6093 kilometer (km)
0.0929 square meter (m2)
0.8361 square meter (m2)
0.0283 cubic meter (m3)
0. 7646 cubic meter (m3)
0.4047 hectare (ha)
3.7854 Liter (L)
2.9.5735 millileter (ml)
0.4536 kilogram (kg)
0.02835 kiiogram (kg)
0.9072 Tonne (= 907 kg)
0.1 pascal · second (Pa· s)
1 square millimeters per
second (mm2/s)
4.4482 Newton (N)
6.8948 Kilopascal (kPa)
1.4594 Newton per
meter (N/m)
1.35!:>8 Joules (J)
1.3558 Watt (W)
1 milligram/liter (mg/L)
Degree Celsius (°C):
°C = (°F -32)/1.8
Page 48 of 114
Item#5-AB#22,342 July 12, 2016 Page 53 of 124
1-5SYMBOLS
~
L.
%
I
0
PL
CL
SL
Delta, the centralangle 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
the Agency and. to all deductions provided for in the Contract.. All money withheld, whether
assigned or not, shall be subject to being used by the Agency for completion of the Work, should
the Contractor be in default.
2-3 SUBCONTRACTS.
2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including
Sections 4100 through 4113. The following excerpts or summaries of some of the requirements
of this Chapter are included below for information:
The Bidder shall set forth in the Bid, as provided in 4104:
"(a) The name and location of the place of business of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the
construction of the work or improvements, or a subcontractor licensed by the State
of California who, under subcontract to the prime contractor, specially fabricates
and installs a portion of the work or improvement according to detailed drawings
contained in the plans and specifications, in an amount in excess of one-half of 1
percent of the prime contractor's total bid, or, in the case of bids or offers for the
construction of streets or highways, including bridges, in excess of one-half of 1
percent of the prime contractor's total bid or ten thousand dollars ($10,000),
whichever is greater."
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"(b) The portion of the work which will be done by each such subcontractor under
this act. The prime contractor shall list only one subcontractor for each such portion
as is defined by the prime contractor in his bid." · '
If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the
same portion of the work to be performed under the Contr~ct (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 iri the Code.
As prnvided 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 O 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 1 O 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 ofa 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 (1 O} days in advance of the time and location of said
hearing. The determination of the City Council shall be final.
2-3.2 Additional ResponsibiJity. 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.
24 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. ~,
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Item#5-AB#22,342 July 12, 2016 Page 55 of 124
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 sure~ies 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 fa.ithful performance/warranty bond will be reduced to 25 percent of the original amount
30 days after recordation of the Notice of Completion and will remain in full force and effect for
the one year warranty period and until all warranty repairs are completed to the satisfaction of the
Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six
months plus 30 days after recordation of the Notice of Completion if all claims have been paid.
All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the
business of insurance in California and whose assets exceed their liabilities in an amount equal
to or in excess of the amount of the bond. The bonds are to contain the following documents:
1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the · insurance
commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined
in Section 173 of th~ Corporations Code. In the case of a foreign insurer, the financial statement
may be verified by the oath of the principal officer or manager residin'g within the United States.
Should any bond become insufficient, the Contractor shall renew the bond within 1 O days after
receiving notice from the Agency.
Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor
to that effect. No further payments shall be deemed due or will be made under the contract until
a new Surety shall qualify and be accepted by the Board.
Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release
the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived
by the Surety.
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2-5 PLANS AND SPECIFICATIONS.
2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and
Specifications, to which the Engineer shall have access at all times.
The specifications for the work include the General Provisions, Supplemental Pro'visions, ,
Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction,
(SSPWC), Part 2 & 3, and th~ latest supplements thereto, current edition at the time of bid op~ning
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
Departrnent of Public Works, together with the most re9ent editions of the City of Carlsbad
Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad arid
the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively.
The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract
Documents are intended to be complementary and cooperative. Anything specified in the
Specifications and not shown on the Plans, or shown on the Plans and not specified in the
Specifications, shall be as though shown on or specified in both.
The Plans shall be supplemented by such working drawings and shop drawings as are necessary
to adequately control the Work.
The Contractor shall ascertain the existence of any conditions affecting the cost of the Work
through a reasonable examination of the Work site prior to submitting the Bid.
Existing improvements visible at the Work site, for which no specific disposition is made on the
. Plans, but which interfere with the completion of the Work, shall be removed and disposed of by
the Contractor. ·
The Contractor shall, upon discovering any error or omission in the Plans or Specifications,
immediately call it to the attention of the Engineer.
2-5.2 Precedence of Contract Documents.
If there is a conflict between Contract Documents, the document highest in precedence shall
control. The precedence shall be the most recent edition of the following documents listed in
order of highest to lowest precedence:
1) Permits from other agencies as may be required by law.
2) Change orders, whichever occurs last.
3) Contract addenda, whichever occurs last.
4) Contract
5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions.
6) Plans.
7) Standards plans.
a) City of Carlsbad Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
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d) San Diego Area Regional Standard Drawings.
e) Traffic Signal Qesign 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.
1 O) Manufacturer's Installation Recommendations
Detail drawings shall take precedence over general drawings.
Plan details shall have precedence over general plans.
2-5.3 Submittals.
2-5.3.1 General. Submittals shall be provided; .at the Contractor's expense, as required in
2-5.3.2, 2 .. 5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested
by the Engineer.
Materials shall neither be furnished nor fabricated,. nor shall any work for which submittals are
required by performed, before the required submittals have been reviewed and accepted by the
Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor
from responsibility for errors, omissions, or deviations from the Contra cf Documents, unless such
deviations were specifically called to the attention of the Engineer in the letter of transmittal. The
Contractor shall be responsible for the correctness of the submittals.
The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise
specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal.
Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number
of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C'
would indicate the third instance that the fourth submittal had been given to the Engineer). Each
sheet of each submittal shall be consecutively numbered. Each set of shop drawings and
submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead.
The Letter of Transmittal shall contain the following:
1) Project title and Agency contract number.
2) Number of complete sets.
3) Contractor's certification statement.
4) Specification section number(s) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals
for the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are
in conformance with the requirements of .the Contract Documents. The Contractor shall subscribe
to and shall place the following certification on all submittals:
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"I hereby certify that the ( equipment, material) shown and marked in this submittal is that proposed
to be incorporated into thisProject, is in compliance with the Contract Documents, can be installed
in the allocated spaces, and is submitted for approval."
By: ________ ~--,.,----
Company Name:~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the
Plans which are required to be designed by the Contractor: Working drawings shall be of a size
and scale to clearly show all necessary details.
Six copies and one reproducible shall be submitted. If no revisions are required, three of the
copies will be returned to the Contractor. If revisions are required, the Engineer will return one
copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two
of the copies to the Contractor and retain the remaining copies and the reproducible.
Working drawings are required in, the following sections:
1
2
3
4
5
6
7
8
.9
10
11
12
13
14
15
16
17
7-10.4.1
207-2.5
207-8.4
207-10.2.1
300-3.2
303-1.6.1
303-1.7.1
303-3.1
304-1.1.1
304-1.1.2
304-2.1
306-2.1
306-3.1
306-3.4
306-6
306-8
307-4.3
Safety Orders
Joints
Joints
General
Cofferdams
General
General
General
Shop Drawings
Falsework Plans
General ·
General
General
Tunnel Supports
Remodeling Existing Sewer Facilities
Microtunneling
Controller Cabinet Wirin · Dia rams
Trench Shoring
Reinforced Concrete Pipe
· Vitrified Clay Pipe
Fabricated Steel Pipe
Structure Excavation & Backfill
Falsework
Placing Reinforcement
Prestressed Concrete Construction
Structural Steel
. Structural Steel
Metal Hand Railings
Jacking Operations
Tunneling Operations
Tunneling Operations
Polyethylene Liner Installation_
MicrotunneHng Operations
Traffic Si nal 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
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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, tjiagrams, product samples, and other information necessary to
describe a system, product or item. This information is required for irrigation systems, ·
street lighting systems, and traffic signals, and may also be required for any product,
manufactured item, or system. ·
2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red' daily and show every change from
the original drawings and specifications and the exact "as-built" locations, sizes and kinds of
equipment, underground piping, valves, and all other work not visible at surface grade. Prints for
this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the
job and shall be used only as a record set and shall be delivered to the Engineer within ten (1 O)
days of completion of the work. Payment for performing the work required by Section 2-5.4 shall
be included in the various bid items and,no additional payment will be made therefore.
2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the
Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all
materials, equipment, tools, labor, and incidentals necessary to complete the Work.
2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses
shown on the drawings or included in the Specifications apply only at the location of the test holes
and to the depths indicated. Soil test reports for test holes which have been drilled are available
for inspection at the office of the Engineer. Any additional subsurface exploration shall be done
by Bidders or the Contractor at their own expense.
The indicated elevation of the water table is that which existed on the date when test hole data
was determined. It is the Contractor's responsibility to determine and allow for the elevation of
groundwater at the date of project construction. A difference in elevation between groundwater
shown in soil boring logs and groundwater actually encountered during construction will not be
considered as a basis for extra work. ·
2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of.;entry for the Work will be
provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements,
pay for, and assume all responsibiiity 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. ·
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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 Englneer. 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 comer 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 seplirig or painting projects or be
cleaned to the satisfaction of the Engineer.
2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor,
hereinafter Surveyor to perform all work necessary for establishing control, construction staking,
records research and all other surveying work necessary to construct the work, provide surveying·
services as required herein and provide surveying, drafting and other professional services
required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the
site during all surveying operations and shall personally supervise and certify the surveying work.
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections
2-9.1 through 2-9.2.2 shall be .included in the actual bid items requiring the survey work and no
additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be m<!.de. 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
c1bsence 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
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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 Co11tractor'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 tiine
during normal business hours and as often as the Engineer may deem necessary, upon
reasonable advance notice, Contractor shall make available to the Engineer for examination, all
of its, and all subcontractors to this contract, records with respect to all matters covered by this
Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts
from such data and records, and to make audits of all invoices, materials, payrolls, records of
personnel, and other data relating to all matters covered by this Contract. However, any such
activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's
ongoing business operations. Contractor and all subcontractors to this contract shall maintain
such data and records for as long as may be required by applicable laws and regulations.
2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The
Contractor shall notify the Engineer before noon of the working day before inspection is required,
Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work
done without proper inspection will be subject to rejection. The Engineer and aqy 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. ~, .
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3-1.2 Payment for Changes Requested by the Contractor. If ?uch changes are granted, they
shall be made at a reduction in cost or no additional cost to the Agency.
3'-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 Gener.al. 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 Hmitation, the change shall be by written Supplemental Agreement between the
Contractor and Agency, unless both parties agree to pro?eed with the change by Change Order.
Change Orders shall be in writing and state the dollar value of the change or established method
of payment, any adjustment in contract time of completion, and when negotiated prices are
involved, shall provide for the Contractor's signature indicating acceptance.
3-2.2 Payment.
3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract
Unit Price, and such change does not involve substantial change in character of the work from
that shown on the Plans or specified in the Specifications, then an adjustment in payment will be
made. This adjustment will be based upon the increase or decrease in quantity and the Contract
Unit Price.
If the actual quantity of an item of work covered by a Contract Unit Price and constructed in
conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less,
payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies
from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-
2.2.3 as appropriate.
If a change is ordered in an item of work covered by a Contract Unit Price, and such change does
involve a substantial change in the character of the work from that shown on the Plans or specified
in the Specifications, an adjustment in payment will be made per Section 3-2.4.
3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work
covered by a Contract Unit Price and constructed in conformance with the Plans and
Specifications, exceed th.e 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. T"he 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 Contra~t 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 act1,1al quantity
at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the
Contract Unit Price.
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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 perSectlon 3-2.2, established by mutual agreement between the Contractor
and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor
to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise
specified in Sections 3-2.2.2 and 3-2.2.3.
3.2.4.1 Schedule .of Values. Prior to construction, Contractor shall provide a schedule of values
for all lump sum bid 'items that shall be used for the purpose of progress payments. The prices
shall be valid for the purpose of change orders to the project.
3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made
to the Contractor for its actual costs incurred in connection with the eliminated item prior to
notification in writing from the Engineer so stating its elimination. If material conforming to the
Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the
date of notification of elimination by the Engineer, and if the order for that material cannot be
canceled, payment will be made to the Contractor for the actual cost of the material. In this case,
the material shall become the property of the Agency. Payment will be made to the Contractor for
its actual costs for any further handling. If the material is retu_rnable, 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 c;lone, 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. ~,
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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 niaterials
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
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, unl_ess 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 th_ose 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 m.ay establish the cost of the item involved at the lowest price
which was current at the time of the report. ·
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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 1 O percent on the first $5,000 of the
subcontracted portion of the extra work and a markup of 5 percent on work added in excess of
$5,000 of the subcontracted portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon,
the Contractor shall submit a daily report to the Engineer on forms approved by the Agency.
Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that
day, and other services and expenditures when authorized. Payment for extra work will not be
made until such time that the Contractor submits completed. daily reports and all supporting
documents to the Engineer.· Failure to submit the daily report by the close of the next working day
may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it
shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes
shall be entered by each party to explain points which cannot be resolved immediately. Each party
shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted
through th.e 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 ,,
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'-·
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 sit'e 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 wm materially affect
performance time, the Contractor, upon submitting a written request, will be granted an extension
of time subject to the provisions of 6-6.
If the Engineer determines that the conditions do not justify an adjustment in compensation, the
Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to
notify the Engineer in writing if the Contractor disagrees.
The Contractor's failure to give notice of changed conditions promptly upon their discovery and
before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall not be entitled to the payment of any additional compensation for any act, or
failure to act, by the Engineer, including failure or refusal to issue a change order, or for the
happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first
given the Engineer due written notice of potential claim as hereinafter specified. Compliance with
this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract
Time Accounting, nor to any claim that is based on differences in measurement or errors of
computation as to contrad quantities. The written notice of potential claim for changed conditions
shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time
that the Contractor performs the work giving rise to the potential claim. The Contractor's failure
to give written notice of potential claim for changed conditions to the agency upon their discovery
and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within
20 working days of the date of service of the Written notice of potential claim for changed
conditions. Verbal notifications are disallowed.·
The potential claim shall include the following certification relative to the California False Claims
Act, Government Code Sections 12650-12655.
"The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code Sections 12650-12655. The undersigned further
understands and agrees that this potential claim, unless resolved, must be restated as a claim in
response to the City's proposed final estimate in order for it to be further considered."
By: ____________ _
Date:---------------
Company Name: ___________________________ _
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The Contractor's estimate of costs may be updated when actual costs are known. The Contractor
· shall submit substantiation of its actual costs to the Engineer within 20 working days after the ·1
affected work is completed. .Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the. intention of fhis section that differences between the parties arising under and by virtue
of the contract be. prought to the attention of the Engineer at the earliest possible time in order
that such matters be settled, if possible, or other appropriate action promptly taken.
· 3-5 DISPUTED WORK. The Contractor shall give the agency written notice 61' potential claim
prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all
claims in connection therewith. If the contractor and the agency are unable to reach agreement
on· disputed work, the Agency may direct the contractor to proceed with the work.
Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified
hereinafter, the contractor shall attempt to resolve all disputes informally through the following
dispute resolution chaih of command: ·
1. Project Inspector
2. Construction Manager
3. Deputy City: Engineer, Construction Management & Inspection
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim,
review the Contractor's report and respond with a position, request additional information or
request that the Contractor meet and present its report. When additional information or a meeting
is requested the City will provide its position within 10 working days of receipt of said additional
information or Contractor's presentation of its report. The Contractor may appeal each level's
positi~n 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 r~commending 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 betweeri a contractor and a local agency.
(2) This article s.hall 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. · ~,
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(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 separc1te 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.
This article applies only to contracts entere.d into on or after January 1, 1991.
20104.2. For any daim 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 wi~hin 45 days of recei.Pt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to
this subdivision, upon mutual agreement of the local agency and the claimant. ·
(3) The local agency's written response to the claim, as further documented,. shall be submitted
to the. claimant within 15 days after receipt of the further documentation or within a period of time
no greater than that taken by the claimant in producing the additional information, whichever is
greater. ·.
(c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt
of the claim, any additional documentation supporting the claim or relating to defenses to the
claim the local agency may have against the claimant.
If addition.al information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutuc!I agreement of the local agency and the claimant.
The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time
no greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
( d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues iri 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. F'or
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision
(a) until the time that claim is denied as a result of the meet and confer process, including any
period of time utilized by the nieet and confer process. · ~, ' \a+;' Revised 11/24/10 C.ontract No. 6001-160L Page 64 of114
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This article does not apply to tort claims and nothing in this artiqle 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; ttie 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 nova but
does not obtain a more favorable judgment shall, in addition to payment of costs and fees under
that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is
undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed
in a court of law.
Although not to be construed as proceeding under extra work provisions, the Contractor
shall keep and furnish records of disputed work in accordance with Section 3-3.
('\ ,,
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SECTION 4 -CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall
be new, high grade, and free from defects. Quality of work shall be in accordance with the
generally accepted standards. Material and work quality shall be subject to the Engineer's
approval.
Materials and work quality not conforming to the requirements of the Specifications shall be
considered defective and will be subject to rejection. Defective work or material, whether in place
or not, shall be removed immediately from the site by the Contractor, at its expense, when so
directed by the Engineer.
If the Contractor fails to replace any defective or damaged work or material after reasonable
notice, the Engineer may cause such work or materials to be replaced. The replacement expense
will be deducted from the amount to be paid to the Contractor.
Used or secondhand materials, parts, and equipment may be used only if permitted by the
Specifications. · ·
4-1.2 . Protection of Work and Materials. The Contractor shall provide and maintain storage
facilities and employ such measures as will preserve the specified quality and fitness of matenals
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 Agencls 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 etements pertaining to the safety of persons as contained in
the State of California, California Code of Regulations, Title 8, Industrial Relations, Chc:1pter 4,
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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 sample$
of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its
expense, shall deliver the materials for testing to the place and at the time designated by the
Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the
Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing,
it will be stated in the Specifications. For private contracts, the testing expense shall be borne by
the permittee.
The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to
use materials for which tests are specified, to allow sufficient time to perform the tests. The notice
shall name the proposed supplier and source of material.
If the notice of intent to use is sent before the materials are available for testing or inspection, or
is sent so far in advance that the materials on hand at thE:} time will not last but will be replaced by
a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer
when samples which are representative may be obtained.
Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced
materials and/or on-site workmanship where the results of such tests meet or exceed the
requirements indicated in the Standard Specifications, Technical Specification, and any
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by
the Engineer before the delivery is started. All materials proposed for use may be inspected. or
tested at any time during their preparation and use. If, after incorporating such materials into the
Work, it is found that sources of supply that have been approved do not furnish a uniform product,
or if the product from any source proves unacceptable at any time, the Contractor shall furnish
approved material from other approved sources. If any product proves unacceptable after ~,
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improper storage, handling or for any other reason it shall be rejected, not incorporated into the
work and shall be removed from the project site all at the Contractor's expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.5 Certification. The Engineer may waive materials testing requirements of the
Specifications and accept the manufacturer's written certification that the materials to be supplied
meet those requirements. Material test data may be required as part of the certification.
4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or
offer an equivalent. The Engineer shall determine whether the material offered is equivalent to
that specified. Adequate time shall be allowed for the Engineer to make this determination.
Whenever any particular material, process, or equipment is indicated by patent, proprietary or
brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its
description and shall be deemed to be followed by the words or equal. A listing of materials is
not intended to be comprehensive, or in order of preference. The Contractor may offer any
material, process, or equipment considered to be equivalent to that indicated. The substantiation
of offers shall be submitted as provided in the contract documents.
The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to
those specified. The Contractor shall have the material tested as required by the Engineer to
determine that the quality, strength, physical, chemical, or other characteristics, including
durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its
intended function.
Test methods shall be subject to the approval of the Engineer. Test results shall be reported
promptly to the Engineer, who will evaluate the results and determine if the substitute item is
equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall
not be made until _approved by the Engineer.
If a substitute offered by the Contractor is not found to be equal to the specified material, the
Contractor shall furnish and install the specified material.
The specified 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.
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. ~,
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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 s.hall 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 ~quipment 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
acknowle<:lgement, the investigation shall conclude without resolution. · The committee shall
consist of three State of California Registered Civil Engineers. Within 7 calendar days after the
written request notification, the Agency and the Contractor will each select one engineer. Within
14 calendar days of the written request notification, the two selected engineers will select a third
engineer. The goal in selection of the third member is to complement the professional experience
of the first two engineers. Should the two engineers fail to select the third engineer, the Agency
and the Contractor shall each propose 2 engineers to be the third member within 21 calendar
days after the written request notification. The first two engineers previously selected shall then
select c;>ne of the four propos.ed 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 ~-...
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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.
4-2 MAlERIALS 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 re~ponsibility. Conformance to the requirements of this
section, both within and outside the limits of work are a part of the Work. The Engineer shall have
the right to verify the suitability of materials and their proper storage at any time during the Work.
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SECTION 5 .... UTILITIES
5-1 LOCATION. The Agency and affected utility companies have, by a search of known
records, endeavored to locate and indicate on the Plans, all utilities which exist within the. limits
of the work. However, the accuracy and/or completeness of the nature, size and/or location of
utilities indicated on the Plans is not guaranteed.
Where underground main distribution conduits such as water, gas, sewer, electric power,
telephone, or cable television are shown on the Plans, the Contractor shall assume that every
property parcel will be served by a service connection for each type of utility.
As provided in Section 4216 of the California Government Code, at least 2 working days prior to
commencing any excavation, the Contractor shall contact· the regional notification center
(Underground Service Alert of Southern California) and obtain an inquiry identification number.
The California Department of Transportation is not required by Section 4216 to become a member
of the regional notification center. The Contractor shall contact it. for location of its subsurface
installations.
The Contractor shall determine the location and depth of all utilities, including service connections,
which have been marked by the respective owners and which may affect or be affected by its
operations. If no pay item is provided in the Contract for this work, full compensation for such work
shall be considered as included in the prices bid for other items of work.
5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the
support of any utility without authority from the owner or order from the Agency. All valves,
switches, vaults, and meters shall be maintained readily accessible for emergency shutoff.
Where protection is required to ensure support of utilities located as shown on the Plans or in
accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place
the necessary protection at its expense.
Upon learning of the existence and location of any utility omitted from or shown incorrectly on the
Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the
Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3.
The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturl:ied
or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged
if located as noted in Section 5-1.
When placing concrete around or contiguous to any non-metallic utility installation, the Contractor
shall at its expense: ' '
1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient
material; or
2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular
space between the concrete and the utility; or
3. Provide other acceptable means to prevent embedment in or bonding to the concrete.
Where concrete is used for backfill or for structures which would result in embedment, or partial
embedment, of a metallic utility installation; or where the coating, bedding or other cathodic
-at"\
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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 repl~cements
before commencement of work by the Contractor. When the Plans or Specifications indicate that
a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct
all negotiations with the owners and work will be done at no cost to the Contractor, except for
manhole frame and cover sets to be brought to grade as provided in the Standard Specifications
for Public Works Construction, Section 301-1.6, 2012 Edition, and the supplements thereto.
Utilities which are relocated in order to avoid interference shall be protected in their position and
the cost of such protection shall be included in the Bid for the items of work necessitating such
relocation.
After award of the Contract, portions of utilities which are found to interfere with the Work will be
relocated, altered or reconstructed by the owners, or the Engineer may order chang·es 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 9oordinate 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 otlier 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. lfsuch temporary omission
is approved by the Engineer the Contractor shall place sµr:vey 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 wlll be allowed therefore or for additional work, materials or delay associated with
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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 sh911 notify the Engineer
in writing of any subsequent changes in the construction schedule which will affect the time
available for protection, removal, or reloci;ltion of utilities.
The Contractor will not be ~ntitled 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
· 1oss 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 Contractor's
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attendance at the meeting. The notice to proc~ed 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 Sche~tJle. 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 Tim~-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.
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 ~,
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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 determi(lation
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
Constructi'On 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 yVith 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.
6-1.2.1 O 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 pate of the preconstruction
meeting shaff be grounds for termination of the contract per Section 6-4. Days used by the
Engineer to review the initial Construction Schedule will not be included in.the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline
Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule
will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3.
6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1.
6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work
upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule
incorporating the comments prior to receipt of payment per Section 6-1.8.1.
6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The
Notice to Proceed will not be issued by the Engineer if the changes of the comments are not
submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the
Engineer. The Contractor, at the sole option of the Engineer, may be considered as having
defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the
changes of the comments are not submitted as required hereinbefore and marked "Accepted" by
the Engineer. ~,
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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 s9hedule data disk shall be a CD-ROM, labeled with the project
name and number, the Contractor's name and the date of preparation of the schedule data disk.
The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule
Software" and shall be free of file locking, encryption or any other protocol that would impede full
access of all data stored on it. ·
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting
logic, with an explanation for each change.
6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor's change orders.
6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their
durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar
chart shall use differing texture patterns or distinctive line types to show the critical path.
6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and
return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
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.~.2.
6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work.
The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating
the corrections and changes noted in the Engineer's comments prior to receipt of payment per
Section 6-1.8.2. ~,
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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 SQhedule 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,-pf prosecuting the Work as
described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the
necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may
suspend the work in whole or part, until the Contractor takes said steps.
As soon as possible under the provisions of the Specifications, the Contractor shall backfill all
excavations and restore to usefulness all improvements existing prior to the start of the Work.
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If Work is suspended through no fault of the Agency, all expenses and losses incurred by the
· Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to
properly provide for public safety, traffic, and protection of the Work during periods of suspension,
the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such
actions will not relieve the Contractor from liability.
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications.
6-2.3 Project Meetings. The Engineer will establish the time and location of Project Meetings
whenever necessary. The Contractor's Representative shall attend each Project Meeting. The
Project Representative shall be the individual determined under Section 7-6, 'The Contractor's
Representative". No separate payment for attendance of the Contractor, the Contractor's
Representative or any other employee or subcontractor or subcontractor's employee at these
meetings will be made.
6-3 SUSPENSION OF WORK.
6-3.1 General .. The Work may be suspended in whole or in part when determined by the
Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall
comply immediately with any written order of the Engineer. Such suspension shall be without
liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3.
6-3.2 Archaeolc:>gical 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 shaU 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 d~livery 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 se_rve written notice upon the Contractor and the Surety
on its Faithful Performance Bond demanding satisfactory compliance with the Contract.
The Cont.ract 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 $UCh
reason. If the Agency declares the Contract canceled for any of the above reasons, written notice ,,
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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, aH 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 ofGod, 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 d.escribed in the Specifications.
No extension of time will be granted for a delay caused by the Contractor's inability to obtain
materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be
provided in a timely manner in accordance with the sequence of the Contractor's operations and
the approved construction schedule.
If delays beyond the Contractor's control are caused by events other than those mentioned above,
the Engineer may deem an extension of time to be in the best interests of the Agency. The
Contractor will not be entitled to damages or additional payment due to such delays, except as
provided in Section 6-6.3.
If delays beyond the Contractor's control are caused solely by action or inaction by the Agency,
such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2.
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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 ani 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 $tandby for any reason that the Contractor has determined to be caused by the
Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer'. each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of
equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of
the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay
by reasonable means. Should the Contractor fail to provide the notice(s) required by this section
the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore.
6-7 TIME OF COMPLETION.
6-7 .1 General. The Contractor shall complete the Work within the time set forth in the Contract.
The Contractor shall complete each portion of the Work within such time as set forth in the
Contract for such portion. The time of completion of the Contract shall be expressed working days.
The Contractor shall diligently prosecute the work to completion within fifty (50) working days after
the starting date specified in the Notice to Proceed.
6-7 .2 Working Day. A working day is any day within the period between the start of the Contract
time as defined in Section 6-.1 and the date provided for completion, or upon field acceptance by
the Engineer for all work provided for in the Contract, whichever occurs first, other than:
1. Saturday,
2. Sunday,
3. any day designated as a holiday by the Agency,
4. any other day designated as a holiday in a Master Labor Agreement entered into by the
Contractor or on behalf of the Contractor as an eligible member of a contractor association,
5. any day the Contractor is prevented from working at the beginning of the workday for
cause as defined in Section 6-6.1,
6. any day the Contractor is prevented from working during the first 5 hours with at least
60 percent of the norinal work force for cause as defined in Section 6-6.1.
All work on the intersections of Palomar Airport Road and Camino Vida Roble, El Camino Real
and La Costa Avenue, Cannon Road and College Boulevard, and the street segment of El Camion
Real between Palomar Airport Road and Gateway Road shall occur at night between the hours
of 1 O p.m. to 6 a.m.
~,
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Unless superseded by the above paragraph or the approved Traffic Control Plan, the normal
hours of work shall be between the hours of 8:00 a.m. and 4:00 p.m. on Mondays through Fridays,
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the
Contractor desires to work outside said hours or at qny time during we~kends and/or holidays.
This written permission must be obtained at least 48 hours prior to such work The Engineer may
approve wor!< outside the hours and/9r 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 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 ttie 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 Engi_neer the Board may accept the
completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of
Completion" to be filed in the office of the San Diego County Recorder. The date of recordation
.shall be the date of completion of the Work.
All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and
any faulty work or materials discovered during the warranty period shall be repaired or replaced
by the Contractor, at its expense; Twenty-five percent of the faithful performance bond shall be
retained as a warranty bond for the one year warranty period. The Contractor shall replace or
repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from
the Engineer, and within the time specified in the notice. If the Contractor fails to make such
replacement or repairs within the time specified in the notice,.the Agency may perform this work
and the Contractor's sureties shall be liable for the cost thereof.
6-9 LIQUIDATED DAMAGES. Failure of the Cqntractor to complete the Work within the time
allowed will result in damages being sustained by th,e Agency. For each consecutive calendar day
in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-~,
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6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred
dollars ($500). Such sum is liquidated damages c1.nd .shall not be construed as a penalty, and
may be deducted from payments due the Contractor if such delay occurs.
Execution of the Contract shall constitute agreement by the Agency arid Contractor that five
hundred dollars ($q00) per day is the minimum value of costs and actual damaged caused by the
Contractor to complete the Work within the allotted tirhe. Any progress payments made after the
specified completion date shall not constitute a waiver ofthis paragraph or of any damages.
6-10 USE OF IMPROVEMENT.DURING CONSTRUCTION. The Agency reserves the right to
take over and utilize all or part of any completed facility or appurtenance. The Contractor will be
notified in writing in advance of such actiori. Such c1.ction 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 th.e 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 fpr cleanup made necessary by its operations.
Nothirg 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 plac~d 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. 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 arid 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 vioiations .
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In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing
wage rates for the types of work to be done under the Contract. The Contractor shall not pay less
than these rates.
Each worker shall be paid subsistence and travel as required by the collective bargaining
agreement on file with the State of California Department of Industrial Relations.
The Contractor's attention is directed to Section 1776 of the Labor Code which imposes
responsibility upon the Contractor for the maintenance, certification, and availability for inspection
of such records for all persons employed by the Contractor or Subcontractor in connection with
the project. The Contractor shall agree through the Contract to comply with this Section and the
remaining provisions of the Labor Code.
7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 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. 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 ~, .
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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.
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 a·ny such delay.
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7-8 PROJECT SITE MAINTENANCE.
7-8.1 . Cleanup and Dust Control.Throughout all phases of construction, including sµspension
of work, and until the final acceptance, the Contractor shall keep the site clean and free from
rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and
sprinkling with water, or other means as necessary. The use of water resulting in mud on public
streets will not be permitted as a substitute for sweeping or other methods.
When required by the Plans or Specifications, the Contractor shall furnish and operate a self-
loading motor sweeper with spray nozzles at least once each working day for the purpose of
keeping paved areas acceptably clean wherever construction, including restoration, is
incomplete.
Materials and equipment shall be removed from the site as soon as they are no longer necessary.
Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish
so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in
the Contractor's Bid.
Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed
immediately and the area cleaned.
Excess excavation material from catch basins or similar structures shall be removed from the site
immediately. Sufficient material may remain for use as backfill if permitted by the Specifications.
Forms and form lumber shall be removed from the site as soon as practicable after stripping.
Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to
suspend work until the condition is corrected. No additional compensation will be allowed as a
result of such suspension.
Cleanup and dust control required herein shall also be executed on weekends and other
non-working days when needed to preserve the health safety or welfare of the public.
The Contractor shall conduct effective cleanup and dust control throughout the duration of the
Contract. The Engineer may require.increased levels of cleanup and dust control that, in his/her
sole discretion, are necessary to preserve the · health, safety and welfare. of the public.
Cleanup and dust control shall be considered incidental to the items of work that they are
associated with and no additional payment will be made therefore.
7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air
contaminants into the atmosphere in such quantity as will violate the regulations of any legally
constituted authority.
7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the
Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall
be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall
be performed by a licensed exterminator in accordance with requirements of governing
authorities. The Contractor shall be liable for injury to persons or property and responsible for the
elimination of offensive odors resulting from extermination operations.
7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of
employees engaged in the Work. These accommodations shall be maintained in a neat and ,,
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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 flowin 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 R'=STORATION OF EXISTING IMPROVEMENTS. The Contractor
shall be responsible for the protection of public and private property adjacent to the Work ahd
shall exercise due caution to avoid damage to such property.
The Contractor shall repair or replace all existing improvements within the right-of-way which are
not designated for removal (e.g., curbs, sidewalks; driveways, fences, walls,. signs, utility
installations, pavement, structures, etc.) which are damaged or removed as a result of its
operations. When a portion of a sprinkler system within the right-of-way must be removed, the
remaining lines shall be capped. Repairs and replacements shall be at least equal to existing
improvements and shall match them in finish and dimension. ~,
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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 PUSLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. The Contractor's operations · shall cause no unnecessary
inconvenience. The access rights of the public shall be considered at all times. Unless otherwise
authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be .
provided.
Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire
hydrants; commercial and industrial establishments; churches, schools and parking lots; service
stations and motels; hospitals; police and fire stations; and establishments of similar nature.
Access to these facilities shall be contfnuous 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 proviped, and the street is opened to local traffic,
the Contractor shall immediately clear the street and driveways and provide and maintain access.
The work shall be conducted by the Contractor in a manner to provide a satisfactory surface for
traffic.
The Contractor shall cooperate with the various parties involved in the delivery of mail and the
collection and rerpoval of trash and garbage to maintain existing schedules for these services.
Unless otherwise authorized, work shall be performed in only one-half the roadway at one time.
One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half
a street only is being improved, the other half shall be conditioned and maintained as a detour.
The Contractor shall schedule the work so as to preveht damage by all traffic, including but not
limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup . . ,
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r
The trash hauling schedule can be ·obtained by calling the City's contracted waste disposal
company, Coast Waste Management at 760~929-9417.
During overlay operations, the Contractors schedule for overlay application shall be designated
to provide residents and business owners whose streets are to be overlaid sufficient paved
parking within an 800 foot distance from their homes or businesses.
Public Notification of Work:
See Section 302-4.4 "Public Convenience and Traffic Control" for details about the notification
letter to residences and businesses which is required to be maile.d at least 2 weeks pri~r to the
work. In addition to the two-week notification letter, a 72-hr notification door hangar shall be given
to all residences and businesses on the affected streets at least 72 hours prior to resurfacting.
Seventy-two (72) hours prior to the start of any construction in the public right-of-way that affects
vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification
of the impending disruption. For a full street closure, all residences and/or businesses on the
affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway
repairs, the residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and
its anti,cipated duration. The' notification shall l,ist 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 feast 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 ori the .notice shall be no sm·afler than 12 point. An
example of such notice is provided in Appendix "A".
In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of
the work being performed .. The no parking signs shall state the date and time of parking restriction
for a duration not to exceed the time necessary to complete the work at that location. Failure of
the contractor to meet the posted date requires re-posting the no parking signs 72 hours in
advance of the rescheduled work. ff the work is delayed or rescheduled the no parking signs
shall be removed and re-posted 72 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of.the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
The contractor shall replace all street markings and striping damaged by construction activities.
The Contractor shall include in its Bid all costs for the above requirements. ~,
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7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not
be stored in streets, roads, or highways for more than 5 days after unloading. All materials or
equipment not installed or used in construction within 5 days after unloading shall be stored
elsewhere by the Contractor at its expense unless authorized additional storage time.
Construction equipment shall not be stored at the Work site before its actual use on the Work nor
for more than 5 days after it is no .longer needed. Time necessary for repair or assembly of
equipment may be authorized by the Engineer.
Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be
1-stored in public streets unless otherwise permitted. After placing backfill, all excess material shall
be removed immediately from the site:· ·
The Contractor shall secure approval, in advance, from authorities concerned for the use of any
bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit,
with signs and posting conforming to current requirements covering ''signs" as set forth in the
Traffic Manual published by the California Department of Transportation. This manual shall also
apply to the street closures, barricades, detours, lights, and. other safety devices required.
All costs involved shall be included in the Bid.
Traffic controls shall be in accordance with th'? plans, The California Manual on Uniform Traffic
Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these
provisions. If any component in the traffic control system is damaged, displaced, or ceases to
operate or function as specified, from any cause, during the progress of the work, the Contractor
shall immediately repair said component to its original condition or replace said component and
shall restore the component to its original location. In the event that the Contractor fails to install
and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be
required herein, the Engineer may, at his/her sole option, install the traffic signs, markings,
delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign
or device, or the actual cost of providing such traffic control facility, whichever is the greater.
7-10.3.1 Col)stmction 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
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 ~igns shall be removed ..... ·· \.I Revised 11/24/10 Contract No. 6001-160L Page 89 of 114
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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 ofthe pavement at not less t_han 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 1;1ny traffic or pedestrians.
During the entire project, a minimum of one (1) paved traffic lane, not less than twelve feet (12')
wide, shall be open for use by public traffic in each direction of travel. If this is not possible, the
Contractor shall submit a traffic control plan to the Engineer for review and approval prior to
implementation. '
7-10.3.3 Traffic Co_ntrol System for Lane Closure. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California
Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use
in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The
provisions in this section will not relieve the Contractor from its responsibility to provide such
additional devices or take such measures as may be necessary to maintain public safety .
. When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
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 cer:itral locations, approved by
the Engineer, within the limits of the right-of-way.
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control
System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic
control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not
start traffic striping operations using an alternative plan until the Contractor has submitted its plan
to the Engineer and has received the Engineer's written approval of said plan.
7-10.3.5 Temporary Pavement Delineation. Temporary'pavement delineation shall be furnished,
placed, maintained and removed in accordance with· the minimum standards specified in· the
California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012 as amended for use
in California) published by CALTRANS. Whenever the work causes obliteration of pavement
delineation, temporary or permanent pavement delineation shall be in place prior to opening t)le
traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at ,, .
• ., Revised 11/24/10 Contract No. 6001-160L Page 90 of 114
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all times for traveled ways open to public traffic. All work necessary, including any required lines
or marks, to establish the alignment of temporary pavement delineation shall be performed by the
Contractor. When temporary pavement delineation is removed, all lines and marks used to
establish the alignment of the temporary pavement delineation shall be removed by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose
material. Temporary pavement delineation shall not be applied over existing pavement delineation
or other temporary pavement delineation. Temporary pavement delineation shall be maintained
until superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic. When
temporary pavement delineation is required to be removed, all lines and marks used to establish
the alignment of the temporary pavement delineation shall be removed.
7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control
Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included
in the project plans, or if the Contractor elects to modify TCP included in the project plans, the
Contractor shall have such new or modified TCP prepared and submitted as a part of the Work
for any and all construction activities that are located within the traveled way. The Contractor
shall have _TCP prepared and submitted as a part of the Work for any construction activities that
are a part of this project that are not included in the project plans. The Contractor must submit
the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq.
and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day
review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each
submittal of TCP, new, modified or. added to, for the Engineer's review. New or revised TCP
submittals shall include all TCP needed for the entire duration of the Work. Each phase of the
TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve
radii, stationing of features affecting th_e traffic control plan and the methodology proposed to
transition to the subsequent TCP phqse. When the vertical alignment of the traveled surface
differs from the finished pavement elevation vertical curves must also be shown. Such
modifications, supplements and/or new design of TCP shall meet the requirements of the
Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012, as
amended for use in California as published by CALTRANS. Such modification, addition,
supplement, and/or new design of TCP shall be prepared by a registered professional engineer
appropriately registered in the State of California. The Engineer shall be the sole judge of the
suitability and quality of any such modifications; supplements, and/or new designs to TCP. The
Engineer may approve any such modifications, supplements, and/or new designs to the TCP
when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the
TCP prepared by the registered professional engineer retained by the Contractor will be beneficial
to the best interests of the Agency. Such modification, addition, supplement, and/or new design
shall not be implemented and no work shall be commenced that is contingent on such approval
until the changed TCP are approved by the Engineer. The preparation of such modification,
addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate
the Agency in any fashion. Submittal and review requirements for such modifications,
supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop
Drawings and Submittals.
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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 prepc1re 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 uriit 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 performec;I arid no additional payment will be made th~refore. 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 Stc:1.te 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 .
. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous
substances or mixtures may be required on the Work. A Material Safety Data Sheet as described
in Se.ction 5194 of the California Code of Regulations shall be requested by the Contractor from
the manufacturer of any hazardous products used .
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Material usage shall be accomplished with strict adherence to California Division of Industrial
Safety requirements and all manufacturer warnings and application instructions listed on the
Material Safety Data Sheet and on the product container label.
The Contractor. shall notify the Engineer if a specified product cannot be used under safe
conditions.
7-10.4.4 Confined Spaces.
(a) Cohfined 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.
7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions
of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to
persons on, about, or adjacent to the premises where the work ·is being performed. The
Contractor shall erect and properly maintain at all times, as required by the conditions and
progress of the work, all necessary safeguards for the protection of workers and public, and shall
use danger signs warning against hazards created by such features of construction as protruding
nails, hoists, weU holes, and falling materials.
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7-11 PATENT FEES OR ROYAL TIES. The Contractor shall absorb in its Bid the patent fees or
royalties on any patented article or process furnished or used in the Work. The Contractor shall
indemnify and hold the Agency harmless from any legal action that may be brought for
infringement of patents.
7-12 ADVERTI.SING. The names, addresses and sp.ecialties of Contractors, Subcontractors,
architects, or engineers may be displayed on removable signs. The size and location shall be
subject to the Engineer's approval.
Commercial advertising matter shall not be attached to or painted on the· surfaces of buildings,
fences, canopies, or barricades.
7-13 LAWS TO BE OB.SERVED. The Contractor shall keep fully informed of State and National
laws and County a:nd 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 froni
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. 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.
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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 accordani::e with methods stipulated in the particular
sections involved.
9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing
shall be done on certified platform scales or, when approved by the Engineer, on a completely
automated weighing and recording system. The Contractor shall furnish the Engineer with
duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept
. the certificates as evidence of weights delivered. ·
9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard
Measures.
9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "LS.", 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 apportionm~nt 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
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. · · ~,
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Whenever immediate action is required to prevent injury, death, or property damage, and
precautions which are the Contractor's responsibility have not been taken and are not reasonably
expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause
such precautions to be taken and shall charge the cost thereof against the Contractor, or may
deduct such cost from any amount due or becoming due from the Agency. Agency action or
inaction under such circumstances shall not be construed as relieving the Contractor or its Surety
from liability.
Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such
payment be construed to be acceptance of any of the Work. Payment shall not be construed as
the transfer of ownership of any equipment or materials to the Agency. Responsibility of
. ownership shall remain with the Contractor who shall be obligated to store any fully or partially
completed work or structure for which payment has been made; or replace any materials or
equipment required to be provided under the Contract which may. be damaged, lost, stolen or
otherwise degraded in any way prior to acceptance of the Work, except as provided in Section
6-10.
Guarantee periods shall not be affected by any payment but shall commence on the date of
recordation of the "Notice of Completion."
If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency,
due to the Contractor's failure to pay for labor or materials used in the Work, all money due for
such labor or materials will be withheld from payment to the Contractor in accordance with
applicable laws.
At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed
by law, the amount deducted from the final estimate and retained by the Agency will be paid to
the Contractor except such amounts as are required by law to be withheld by properly executed
and filed notices to stop payment, or as may be authorized by the Contract to be further retained.
9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure
date for the purpose of making monthly progress payments. The Contractor may request in writing
that such monthly closure date be changed. The Engineer may approve such request when it is
compatible with the Agency's payment procedure.
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based
on contract unit prices, completed 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 (1 O) 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 riot proper. In
conformance with Public Contract Code Section 20104.50, the City shall make payments within
{'\
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Item#5-AB#22,342 July 12, 2016 Page 101 of 124
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) oays 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 O of the Code
of Civil Procedure.
From each progress estimate, 1 O percent will be deducted and retained by the Agency, and the
remainder less the amount of all previous payments will be paid. After 50 percent of the Work has
been completed and if progress on the Work is satisfactory, the deduction to be made froin
remaining progress estimates and from the final estimate may be limited to $500 or 1 O 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 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 ,,
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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 b.e 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 subjectto 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
operations which must be-performed or costs incurred prior to beginning work on various contract
items on or off. the project site, excepting those specifically paid for under separate sections of
these specifications. The Contractor hereby agrees that the stipulated lump sum amount is
sufficient for Mobilization and Preparatory Work, as described in this section, and that the
Contractor shall have no right to additional compensation for Mobilization and Preparatory Work.
Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%)
of the amount bid for Mobilization. and Preparatory Work will be allowed. For the second progress
payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory
work will be allowed therefore.
9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed
in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract
Documents, General Provisions, or Technical Provisions/Specifications shall be considered as
included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping,
irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible
to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at
his expense.
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SUPPLEMENTAL PROVISIONS
TO
"GREEN BOOK"
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 200 -ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1. General. Add the following: Aggregate base shall be Class 2 Aggregate Base per
Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1. 02A
Class 2 Aggregate Base and as specified herein.
Add the following section:
200-2.7 Class 2. Aggregate Base. Aggregate for Class 2 aggregate base shall be free from
organic matter and other deleterious substances, and shall be of such nature that it can be
compacted readily under watering and rolling to form a firm, stable base. Aggregate may include
material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete
base, cement treated base or a combination of any of these materials.
Aggregate shall conform to the grading and quality requirements shown in the following tables.
At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum
shall be used, except that once a grading is selected it shall riot be changed without the Engineer's
written approval.
Sieve Sizes
2"
11/2"
1"
3/4"
No.4 .
No. 30
No. 200
*" \.I Reviseid 11/24/10
AGGREGATE GRADING REQUIREMENTS
Percentage Passing
11/2" Maximum
Operating
Range
100
90-100
50-85
25-45
10-25
2-9
QUALITY REQUIREMENTS
Tests
Resistance (R-value)
Sand Equivalent ·
Durability Index
Contract No. 6001-160L
3/4" Maximum
.Operating
Range
100
90-100
35-60
10-30
2-9
Operating
Range
78 Min.
25Min.
35 Min.
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Item#5-AB#22,342 July 12, 2016 Page 104 of 124
The aggregate shall not be treated with lime, cement or other' chemical material before the
Durability Index test is performed.
If the results of e.ither or both the aggregate grading and. Sand Equivalent tests do not meet the
requirements specified for "Operating Range" but meet the "Contract Compliance" requirements,
placement of the aggregate base may be continued for the remainder of that day. However,
another day's work may not be started until tests, or other information, indicate to the satisfaction
of the Engineer that the next material to be used in the work will comply wit~ the requirements
specified for "Operating Range." ·
If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the
requirements specified for "Contract Compliance," the aggregate base which is represented by
these tests shall be removed. However, if requested by the Contractor and approved by the
Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $5.00
per cubic yard for such aggregate base left in place. The City may deduct this amount from any
moneys due, or that may become due, the Contractor under the contract. If both the aggregate
grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only
one adjustment shall apply.
No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards
or one day's production, whichever is smaller.
SECTION 203 -BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
ADD the following:
203-6.3 Materials. Add the following: Conventional asphalt concrete shall be class C2-PG64-10-
RAP for surface course, and B-PG64-10-RAP for base course].
203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be
class C2-PG64-10-RAP for surface course and B~PG64-10-RAP for base course. Asphalt
concrete for patches shall be B-PG64-10-RAP. Rubberized asphalt concrete shall meet the ··
requirements of Section 203-14 of these Supplemental Provisions. All asphalt concrete shall
conform to Sections 203 and 302-5 of the SSPWC and these Supplemental Provisions.
203-6.4.3 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be
determined from samples of asphalt concrete taken after completion of all processing (:Net Mix)
or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection
that confirms the production of a particular mix design and verifies using samples of aggregate
taken before the addition of asphalt and mineral· filler (Bin). All samples shall be taken in
accordance with Calif. Test 125.
When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size
samples shall be taken to ensure representative and adequate quantity of material for:
~,
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Item#5-AB#22,342 July 12, 2016 Page 105 of 124
1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and
Calif. Test 202.
2. Stability using:
a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three
individual Values
and/or .
b. Marshall Stability1 in accordance with the Asphalt lnstitute's MS-2 fabricated and
tested for traffic volume and shall be the average of three specimens.
10nly use Marshall Stability when the deviation betwee]l individual Hveem StabilometerValues are greater
than +/-5.
When using core sample analysis, the samples must be properly prepared to safeguard against
influx of outside contaminates and so that the cut surfaces do not influence the test results.
The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares,
overside drains .and aprons at the ends of drainage structures shall be increased one percent by
mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete
placed on the traveled way.
Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design
when the asphalt content is within +/-.40 of the design mix and the gradation conforms to the .
grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be considered in
conformance with the mix design provided the stability of the completed mix complies with the
requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt
Institute MS-2. ·
Plant· inspected asphalt concrete will be considered in conformance with the mix design when
visually inspected and the combined gradation of the Bin samples show conformance to the
grading as show in Table 203-9.3.2 (A).
203-6.8 Asphalt Concrete Storage. Replace existing section with the following: Storage of
asphalt concrete shall not be allowed.
203-14 TIRE RUBBER MODIFIED ASPHALT CONCRETE.
203-14.2.1 Tire Rubber Modified Paving Asphalt.
Replace with the to/lowing:
Tire rubber.modified paving asphalt shall be PG64-28TR containing a minimum of 15% scrap tire
rubber from California tires. The binder material must contain a minimum of 300 pounds
( equivalent to 15% by weight) of tire-derived crumb rubber per ton of rubberized binder.
Manufacturer shall certify that the scrap tire rubber came from California tires. Manufacturer shall
provide lab test results, dated within 6 months, showing that the tire rubber modified paving
asphalt conforms to the table below.
203-14.3 Composition and Grading.
Add the fa/lowing:
.!'..
,.1111+;' Revised 11/24/10 Contract No. 6001-160L Page 101 of114
Item#5-AB#22,342 July 12, 2016 Page 106 of 124
Rubberized asphalt concrete shall be class PG64-28TR, 15% tire rubber, dense-graded C2
aggregate per Section 203-6.4 of the Greenbook (2015 Edition).
203-14.4 Mix Designs.
Add the following:
Contractor shall submit for approval an asphalt concrete mix design per Greenbook Section 203-
6.2. ·The asphalt concrete mix design method shall be Hveem with the optimal binder content
determined by California Test 367. The mix design shall conform to Greenbook Table 203-
14.3(A) except the minimum binder content by weight of dry aggregate shall be 5.5% as
determined by Hveem method. Once the percent asphalt binder is determined by the mix design,
the production tolerance shall be+/-0.4% as determined by California Test Method 362, 379, or
382.
p rf e ormance G d d T' R bb M d"fi d P . A h It ra e ,re u er 0 I 1e avmg spa
Specification
Grade
Property MSHTO Test Method
PG 'PG PG
58-34 TR 64-28 TR 76-22 TR
Oriqinal Binder
Flash Point, Minimum °C T48 230 230 230
Solubilitv, Minimum % b T 44c 97.5 97.5 97.5
Viscosity at 135°C, T316.
Maximum, Pa·s 3.0 3.0 3.0
Dynamic Shear, T315
TestTemp. at 10 rad/s, °C 58 64 76
Minimum G*/sin(delta), kPa 1.00 1.00 1.00
RTFO Test, T240
Mass Loss, Maximum, % 1.00 1.00 1.00
~,
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Item#5-AB#22,342 July 12, 2016 Page 107 of 124
RTFO TestAQed Binder
Dynamic Shear, T 315
Test Temp. at 10 rad/s, °C 58 64 76
Minimum G*/sin(delta); kPa 2.20 2.20 2.20
Dynamic Shear, T 315 '
Test Temp. at 10 rad/s, 0c Note e Note e Note e
Maximum (delta), % 80 80 80
Elastic Recoveryf, T 301
Test Temp., °C 25 25 25
Minimum recoverv, % 75 75 65
PAV9 Aging, R28
Temperature, °C 100 100 110
RTFO Test and PAV Aaed Binder
Dynamic Shear, T 315
Test Temp. at 1 O rad/s, °C 16 22 31
Maximum G*sin(delta), kPa 5000 5000 5000
Creep Stiffness, T 313
Test Temperature, °C -24 -18 -12
Maximum S-value, MPa 300 300 300
Minimum M-value 0.300 0.300 0.300
Notes:
a. Do not modify PG Tire Rubber Modified using acid modification.
b. The Engineer will waive this specification if the supplier is a Quality Supplier as defined by the
Caltrans' "Certification Program for Suppliers of Asphalt."
c. ASTM D 5546 may be used instead of AASHTO T 44.
ct. Note deleted.
e. Test temperature is the temperature at which G*/sin(delta) is 2.2 kPa. A graph of log
G*/sin(delta) plotted against temperature may be used to determine the test temperature when
G*/sin(delta) is 2.2 kPa. A graph of (delta) versus temperature may be used to determine delta
at the temperature when G*/sin(delta) is 2.2 kPa. The Engineer also accepts direct
measurement of (delta) at the temperature when G*/sin(delta) is 2.2 kPa.
f. Tests without a force ductility clamp may be performed.
g. "PAV" means Pressurized Aging Vessel.
SECTION 206 -MISCELLANEOUS METAL ITEMS
Add the following section:
206-9 PORTABLE CHANGEABLE MESSAGE SIGN (PCMS)
Add the following section:
206-9.1 · General. Each portable changeable message sign (PCMS) unit shall consist of a
controller unit, a power supply, and a structural support system all mounted on a trailer.
The PCMS unit shall be assembled to form a complete self-contained portable changeable
message sign, which can be delivered to the site of the work and placed in immediate operation.
The complete PCMS unit shall be capable of operating in an ambient air temperature range of -
20°C (-4°F) to + 70°C (158°F) and shall not be affected by unauthorized mobile radio
transmissions. ·
The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall
be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4
l'\ •+' Revised 11 /24/10 Contract No. 6001-160L Page 103 of 114
Item#5-AB#22,342 July 12, 2016 Page 108 of 124
m (14,5') above the ground. After initial placement, PCMS shall be moved from location to
location as directed by the Engineer
As part of the bid item 'Traffic Control," one PCMS will be required in each direction of travel
affected by the work on the prime arterials and intersection work. The PCMS shall warn motorists
of the work one {1) week prior to start of the work and for the entire duration of the work.
Add the following section:
206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance
of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day,
by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display
not less than 7 characters per line. Sign messages to be displayed shall be as approved by the
Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a
method which does not interfere with the clarity of the sign message. The sign shall be raised and
lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of
complete alphanumeric selection.
Lamp matrix type signs shall be equipped with an .automatic dimming operational mode that
automatically compensates for the influence of a temporary light source or other abnormal lighting
conditions. The sign shall have manual dimming operation modes of 3 or more different lamp
intensities.
Matrix signs not utilizing lamps shall be either internally or externally illuminated at night.
The controller shall be an all solid-state unit containing all the necessary circuitry for the storage
of at least 5 pre-programmed messages. The controller shall be installed in a location allowing
the operator to perform all functions from one position. A keyboard entry system shall be provided
to allow an operator to generate an infinite number of additional messages over the pre-
programmed stored messages. The keyboard shall be equipped with a security lockout feature
to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory
to hold the keyboard created messages in memory during periods. when the power is not
activated. The controller shall provide for a variable message display rate which allows the
operator to match the information display to the speed of the approaching traffic. The flashing off
time shall be operator adjustable within the control cabinet.
Add the following section:
206-9.3 Operation and Maintenance. PCMS shall be. furnished, placed, operated, and
maintained at locations shown on the plans, specified herein, or designated by the Engineer. The
PCMS will be diligently maintained and repaired by the Contractor throughout the project in
accordance with the manufacturer's recommendations. When ownership is transferred to the City
(at the end of the job), it must be demonstrated to be in good working condition, and meet the
provisions of these specifications, including current registration.
Add the following section:
206-9.4 Measurement and Payment. The contract unit price PCMS shall include full
compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing
all the work involved in furnishing, placing, operating, maintaining, repairing, replacing,
transporting from location to location, and delivery of the signs to the City at the completion of the
construction, in good working order, and as directed by the Engineer, and no other compensation
will be made .
. ~~ \.I Revised 11/24/10 Contract No. 6001-160L Page 104 of 114
Item#5-AB#22,342 July 12, 2016 Page 109 of 124
SECTION 210 -PAINT AND PROTECTIVE COATINGS
210-1 PAINT.
210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows:
Paint for traffic lane lines, turn pocket lines, edge·· lines, channelizing lines, bike lane line;is,
chevrons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No.
PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks,
parking stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS
Specification No. 8010-19A. Glass beads shal.1 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 obtainep from the CAL TRANS
Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916)
227-7000.
SECTION 213 -ENGINEERING FABRICS
213-2 GEOTEXTILES.
213-2.1 General. Add the following: Geogrid used for base stabilization shall be Tensar TriAx.
Pavement reinforcement shall be Tensar GlasGrid. C~ntractor shall follow manfuacturer's
installation instructions and recommendations.
SECTION 214 PAVEMENT MARKERS
214-5 REFLECTIVE PAVEMENT MARKERS
Add the following section:
214,-5.1 Temporary Reflective Pavement Markers.. Temporary pavement markers shown on
the plans and required in the specifications shall be one of the types shown in Table 214-5.1 (A),
or equal thereto.
TABLE 214-5.1(A)
TEMPORARY REFLECTIVE PAVEMENT MARKERS
Type
TOM-Temporary Overlay
Markers
~-. ., \.4' Revised 11/24/10
'Manufacturer of Distributor
Davidson.Traffic Control Products, 3110 70th Avenue East, Tacoma,
WA98424,
(877) 335-4638
Contract No. 6001-160L Page 105 of 114
Item#5-AB#22,342 July 12, 2016 Page 110 of 124
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION MET.HODS
SECTION 302-ROADWAY SURFACING
· 302-4.5 Public Convenience and Traffic Control. Add the following: The Contractor shall
schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work
so as to conflict ,with trash pickup. The trash hauling schedule can be obtained by calling Coast
Waste. Management at (760) 929-9400. The Contractor shall accommodate mail delivery to
residences and businesses during the work.
At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all
property addresses on which resurfacing shall occur. Obtaining the appropriate addresses shall
be the contractor's responsibility .. A sample letter shall be provided by the city and the Contractor
shall use the city's sample letter with appropriate street names, dates, times, and phone numbers
specific to the work inserted in the letter.
During resurfacing operations, the Contractor's schedule shall be designed to provide residents
and business owners sufficient paved parking within an 900 foot d.istance from their homes or
businesses.
Seventy-two hours prior to the start of any construction in the public right-of-way that affects
vehicular traffic and/or parking or pedestrian routes, the Contract shall give written notification of
the impending disruption. For a full street closure, all residences and/or businesses on the
affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway
repairs, the residences and/or businesses directly affected by the work shall be notified.
The Contractor shall deliver the 72-hour advance notification door hangar which shall state the
date and time the work will begin and its anticipated duration. The notification shall list two
telephone numbers that may be called to obtain additional information. One number shall be the
Contractor's permanent office or field office and the other number shall be a 24 hour number
answered by a representative of the Contra.ctor who is knowledgeable about the project. At least
one of the phone numbers shall be in the 760 area code. An answering machine shall not be
connected to either number. The notification shall also give a brief description of the work and
simple instructions to the home or business owner on what they need to do to facilitate the
construction. The Contractor shall use the sample door hangar provided by the city and submit
door hangars to the Inspector for approval. Notices shall not be distributed until approved by the
Inspector.
The notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without
adhesives. It shall be a minimum size of 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 door hangars shall show ~, '-+r' Revised 11/24/10 Contract No. 6001-160L Page 106 of 114
Item#5-AB#22,342 July 12, 2016 Page 111 of 124
the street name, date, time, phone numbers, and appropriate information specific to the work
inserted.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for "Public Notification of Work" and the Contractor will not be entitled to any
additional compensation for work outlined in this section.
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(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 , beginning in \wo or three weeks.
This process requires that your street be closed for JI I starting at 7:00
a.m. and continuing until the Contractor removes the traffic control devices.
You will be notified 72 hours in advance of the day your street will be closed
by a bri,ghtly colored 3 ".%" x 8 %" card attached to your doorknob. You will
also notice temporary no parking signs on your street with a specific no
parking date written on it.
A successful street maintenance program depends on your cooperation.
Please do not drive, walk, play, skate or allow pets on the street until it is
opened by the Contractor. Furthermore, please do not wash your car or turn
on any sprinklers while you are waiting. If you don't plan to leave your home
before 7:00 a.m. on the day your street will be surfaced, and you need to use
your vehicle later in the day, please park your car on an adjacent street in your
neighborhood that is not signed as a no parking zone. When walking to and
from your car, remember not to walk on the newly surfaced street or you may
have black resi.due 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 %" x 8 %" 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." ~,
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302-5 ASPHALT CONCRETE PAVEMENT.
302-5.1 General. add the following: The Contractor shall treJt all vegetation within the limits of
the paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide
shall be applied at least two (2) working days prior to paving the area. Allowance forthe two day
period shall be shown in the schedule required per section 6-1. · ·
·302-5.2 Pavement Transitions. add the following: The Contractor shall ramp the approaches
and termini to all structures and vertical joints in the cold-milled area which are transverse to
through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1.
Ramps shall be constructed the same day as cold milling and removed .the same day as
permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer.
302-5.4 Tack Coat. add the following: If the asphalt concrete pavement is being constructed
directly upon an existing hard-surfaced pavement, a tack coat of PG 64-10 paving asphalt at a
rate of 0.05 gallon per square yard or SS-1h emulsion at a rate betw~en 0.05 and 0.10 gal/SY
shall be uniformly applied upon the existing pavement preceding the placement of the asphalt
concrete.
The contact surfaces of all cold pavement joints, curbs, gutters, manholes, and the like shall be
painted with PG 64-11 paving asphalt, or SS-1h emulsion, immediately before the adjoining
asphalt concrete is placed.
The Contractor shall place a tack coat between the successive interfaces of existing pavement
and new asphalt concrete.
302-5.5 Distribution and Spreading. modify as follows: After second sentence of sixth
paragraph, add: The Contractor shall provide the self-propelled spreading and finishing machine
used to construct the asphalt concrete surface course with an automatic screed control. The
automatic screed control shall be 9 m (30') minimum length. The paving machine shall be
operated by an operator and two full-time scre'ed men during all paving. The Contractor shall
provide an on-site backup paving during all paving operations. No conveyor belt systems will be
allowed for moving the AC. No AC windrows will be allowed. Only a surge volume/remix material
transfer vehicle (MTV) is allowed to receive the AC from the haul trucks and then place it in the self-
propelled spreading and finishing machine. If the Engineer determines the use of the MTV is not
practical for a portion of the project. the. Engineer may waive its requirement for that portion.
302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joint rolling
procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise
directed by the Engineer.
302-5.8 Manholes and Valve Boxes (and other structures). delete the first paragraph and
replace with the following: ·
The Contractor must locate and record locations of all appurtenances in the roadway including,
but not limited to, manholes, access holes, valve boxes, blow-offs, air releases, sewer cleanouts,
and survey monument boxes. Prior to grinding or paving adjacent to any structure. Contractor
shall install plywood shelves or umbrella devices in order to prevent debris from falling into
structures. Prior to placing the overlay, the Contractor shall install rubber nipples/risers on top of
all appurtenances in the roadway and pave over the rubber nipples/risers. Each manhole cover
shall be treated or covered to prevent adhesion of the overlay. Each City-owned manhole and
cleanout shall be located and raised to grade within 72 hours after the overlay is placed and shall ,,
• ., Revised 11/24/10 Contract No. 6001-160L Page 109 of 114
Item#5-AB#22,342 July 12, 2016 Page 114 of 124
be thoroughly cleaned of any construction debris which may have entered due to the Contractor's
operation. Each valve box shall be replaced per CMWD Standard Drawing No. W-13, Each 2"
Blow-off/Manual Air Release box shall be replaced per CMWD Standard Drawing W-6.
All City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. S1.
All storm sewer access covers shall be adjusted per SDRSD D-10. Survey monument boxes shall
be replaced and adjusted to grade per SDRSD M-10.
Riser rings or extensions shall not be used for the adjustment of City-owned appurtenances.
Replacing and adjusting to grade all City-owned appurtenances in the roadway shall be paid for
at the contract unit price per each as shown in the Bid. Such price shall constitute full
compensation for all labor, materials, and equipment necessary for completing the work as
described in these specifications, including traffic control and prevention from debris falling into
structures. Other Agencies may adjust their own appurtenances or other Agencies may contract
with a third party to rai_se their appurtenances.
302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete placed
and compacted shall be at the unit price bid per ton. No additional payment shall be made for
any tack coat, material transfer vehicle, compaction, traffic control, or other incidentals.
Add the following section:
302-14 ASPHALT PAVEMENT REPAIRS AND REMEDIATION
Add the following section.
302-14.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and
restoration of existing asphalt pavement. Repair of asp.halt pavement shall consist of cold milling
or saw cutting, removal and disposal of existing asphalt pavement in conformance with section
300-1.3, compaction of existing subgrade, if applicable, in conformance with section 301-1,
grading and compaction of base material, if applicable, in conformance with section 301-2,
application of grade SS-1h emulsified asphalt and the placement of asphalt concrete base and
wearing courses as specified herein. Damage to existing traffic loops caused by pavement
repairs or grinding will require immediate replacement of the traffic loops unless video detection
has been set up and the loops are unnecessary. If pavement fabric or petromat is encountered
during any pavement repairs or grinding, the Contractor shall remove and dispose of it. The cost
of the work described in this section shall be included in the bid price for the repair itself or cold
milling (grinding).
302-14.3 AC Cold Milling and Disposal of Grindings. Cold Milling or grinding shall be in
accordance with the provisions of Section 302-5.2 of the Standard Specifications for Public Works
Construction, latest edition. The Contractor shall cold mill or d.iamond grind the existing AC to the
width and depth as shown on the plans. In the field, the Engineer may change the width and depth
of the cold milling at his discretion. If the Contractor's cold milling severs any traffic detection
loops, the Contractor shall replace them immediately at the Contractor's expense. Existing
advance traffic· signal loop detectors shall be replaced by the Contractor and paid for per the bid
item Traffic Signal Detector Loops, even when video detection has been installed at the
intersection. Contractor shall install Type E Loop Detector per Caltrans Revised Standard Plan
RSP ES-58. Contractor shall construct temporary AC ramps at the cold-milled edges which are
perpendicular to the direction of travel. Payment for construction, removal, and disposal of
temporary asphalt concrete ramps shall be included in the bid item for cold milling. As shown on
the plans, some cold milling may require tapering of mill~d thickness. If the Contractor encounters
pavement fabric or petromat during cold milling, the Contractor shall remove and dispose of the ~,
\.+' Revised 11/24/1.0 Contract No. 6001-160L Page110of114
Item#5-AB#22,342 July 12, 2016 Page 115 of 124
pavement fabric or petromat. The cost of removing and disposing pavement fabric or petromat
shall be included in the Contractor's bid price .for cold milling and no additional payment will be
made therefore.
Add the following section.
302-14.4 Crack Sealing. Not included in this project.
Add the following section.
302-10.5 Measurement and Payment. Quantities of pavement repairs as set forth in the bid
items are for estimating purposes only. Final quantities will be as designated and measured in
the field. The Engineer will designate and mark the limits of the repairs. The Contractor shall
provide Traffic Control for the Engineer to walk in the street and mark the limits of the repairs.
The. cost of the Traffic Control for the Engineer shall be included in the lump sum bid price for
'Traffic Control." Full compensation for conforming to the requirements of constructing pavement
repairs shall include but not be limited to: furnishing all labor, tools, equipment, and materials
necessary for doing the work as outlined in the appropriate section, including but not limited to,
cold milling, saw cutting, removing and disposing of existing asphalt concrete, removing and
disposing of roots beneath the pavement, removing and disposing of aggregate base/subbase
and basement soil as designated by the engineer, placement of aggregate base, asphalt
concrete, compaction of subbase, aggregate base, and asphalt concrete, placement of tack coats
and all other work incidental to the pavement repairs shall be considered as included in the
contract unit price bid and no additional compensation wHI be a.llowed therefore.
The bid prices for pavement repairs and cold milling shall include removing and disposing of
pavement fabric or petromat when encountered.
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 Striping Plans, or for approved
temporary traffic control essential for safe control of traffic through and around the construction
site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and
lines that may confuse the public. When temporary detour striping or markings are no longer
required, they shall be removed prior to painting the new traffic stripes or markings.
310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor
shall provide a wet grinding machine with sufficient capacity to completely remove all existing or
temporary traffic striping or markings that conflict with the striping plan, or are contrary to the
Traffic Manual, or that may be confusing to the public. The surface produced by grinding the
existing or temporary traffic striping or markings on pavement shall not exceed variations from a
uniform plane more than 3 mm (1/a") in 3 m (10') when measured parallel. to the centerline of the
street or more than 6 mm (1//) 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 -~ . \.I Revised 11/24/10 Contract No. 6001-160L Page 111 of114
Item#5-AB#22,342 July 12, 2016 Page 116 of 124
be furnished by the Contractor. This equipment shall meet all requirements of the air pollution .
controldistrict having jurisdiction.
310-5.6.6 Preparation of Exjsting Surfaces. Modify the first paragraph as follows: The
Contractor shall remove all existing markings and striping, either permanent or temporary, which
are to be abandoned, obliterated or that conflict with the pl·ans by wet grinding methods. Removal
of striping by high velocity water jet m,ay be permitted when there is neither potential of the water
and detritus from the high velocity water jetting to damage vehicles or private property nor to flow.
from the street into any storm drain or water course and when approved by the Engineer. The
Contractor sh.all vacuum all water and detritus resulting from high velocity water jet striping
removal from the pavement immediately after the water jetting and shall not allow such materials
to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface
variation limitations for high velocity water jet striping removal shall be the same as for grinding.
The Contractor shall not use c;lry or wet sandblasting in any areas. Alternate methods of paint
removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light .
emulsion ,oil or any other masking method other than a minimum 30mm (0.1 O') thick asphalt
concrete overlay is. not permitted.
310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph aJ; 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 1 OOm (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 sh~II paint the ends of each median nose yellow.
Add the following to the eighth paragraph: If required by the approved traffic control plans, the
Contractor shall ~pply temporary traffic stripes in one coat. Temporary traffic stripes shall be
maintained by the· Contractor so that the stripes are clearly visible both day and night.
310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and
temporary traffic striping, curb markings and pavement markings as shown on the plans and
required by the specifications shall be included in the lump-sum price bi.d for temporary and final
traffic striping, and no additional compensation will be allowed therefore. Reapplication of
temporary stripes and markings shall be repainted at the Contractor's expense, and no additional
compensation will be allowed therefore. The lump sum prices bid and shall include all labor, tools,
equipment, materials, and incidentals for doing all work in installing the final and temporary traffic
striping.
~,
\.+;" Revised 11/24/10 Contract No. 6001-160L Page 112 of 114
Item#5-AB#22,342 July 12, 2016 Page 117 of 124
SECTION 312 -PAVEMENT MARKER PLACEMENT AND REMOVAL
312-1 PLACEMENT. Add the following to the third paragraph:
4) When being installed on asphalt concrete pavement sooner than 14 days after placement
of the asphalt concrete pavement course on which the pavement markers ~re to be placed.
Add the following section:
312-1.1 Reflective Channelizer Placement and Removal. The Contractor shall place and
remove reflective channelizers the same as for pavement marker placement and removal. The
Contractor shall place the channelizers. uniformly, straight on tangent alignment and on a true arc
on curved alignment to thesame tolerances of position asfor application of paint in section 310-
5.6.8. The Contractor shall perform all layout work necessary to place the channelizers to the
proper alignment. If the channelizers are displaced or fail to remain in an upright position, from
any cause, the channelizers shall immediately be replaced or restored to their original location,
by the Contractor. When· reflective channelizers are removed· the pavement surface shall be
restored to the same color and surface finish as the adjacent pavement.
SECTION 313 -TEMPORARY TRAFFIC CONTROL DEVICES
Add the following section:
313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS.
Add the following section:
313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers,
channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown
on the plans and as required in the specifications, complete in place prior to opening the traveled
way serve<;:! by said final and temporary traffic pavement markers, signing, railing (type K) and
appurtenances to public traffic. ·
313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall
be placed in accordance with the manufacturer's instructions. Temporary reflective raised
pavement markers shall be cemented to the surfacing with the adhesive recommended by the
manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised
pavement markers in areas where removal of the markers will be required. Pavement striping,
legends and markers which conflict with any traffic pattern shall he removed by grinding as
determined by the Engineer. The Contractor shall use temporary reflective raised pavement
markers for temporary pavement marking, except when the temporary pavement" markers are
used to replace patterns of temporary traffic stripe that will be in place for less than 30 days.
Reflective pavement markers used in place of the removable-type pavement markers shall
conform to the section 312 "Pavement Marker Placement and Removal", except the 14-day
waiting period before placing the pavement markers on new asphalt concrete surfacing as
specified in section 312-1 "Placement", shall not apply; and epoxy adhesive shall not be used to
place pavement markers in areas where removal of the markers will be required.
Add the following section:
313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished,
placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange
in color. Channelizers shall have affixed white reflective sheeting as specified in the special
~~ \.I Revised 11/24/10 Contract No. 6001-160L Page113of114
Item#5-AB#22,342 July 12, 2016 Page 118 of 124
prov1s1ons. 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 uprightposition, 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 c1ccordance 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 oesign and material requirements approved by the Engineer ahd were
manufactured in accordance with a quality control program approved by the Engineer.
Add the following section:
313-2 TEMPORARY TRAFFIC SJ~NING.
Add the following section:
313-2.1 General. The Contractor shall provide and install all temporary traffic control signs,
markers, markings, and delineators at locations shown on plans and specified herein.
Add the following section:
313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or
overturned, from any cause, during .the progress of the work, the Contractor shall immediately
replace the signs in their original approved locations. The Contractor shall maintain all temporary
traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall
replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18
hours of such marking being discovered during non-working hours or, when the marking is
discovered during working hours, within 2 hours of such discovery of marking.
Add the following section:
313-4 r.1EASUREr.~E~JT Af'-JD PAYP.1E!'-JT. Temporary traffic pavement marker~, temporary
channelizers, temporary signing, temporary railing (type K), temporary crash cushions and
temporary appurtenances thereto shown on the plans or required in the specifications are a part
of the lump-sum ·item for traffic control and payment therefore shall include full. compensation for
furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved
in applying, installing, maintaining, and removing temporary traffic pavement markers,
channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as
shown on the plans, as specified in the Standard Specification and these special provisions, and
as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the .
signs and reflectors marking them shall include the installation, grading for installation, grading
for the approach path, maintenance, painting and re-painting, replacement of damaged units and .
removal and shall also be included in the lump-sum price bid for traffic control. Payment for
installation and/or relocatiorl of K-rails and crash cushions when not shown on the plans and
requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC.
~,
\.+;' Revised 11/24/10 Contract No. 6001-160L Page 114 of 114
Item#5-AB#22,342 July 12, 2016 Page 119 of 124
STANDARD CAST IRON MANHOLE
FRAME & COVER -SEE DWG. NO. S4. MIN. SLOPE
1ft PER FT.
WIDTH SHALL E UA
INSIDE DIA OF PIPE.
-e:::s::s::r~~:::::::::=~~~ -~ .. -~t?T 3"
12" WIDE X 6" TiilCK
CLASS 560-C-3250
CONCRETE COLLAR
WITH 3" ASPHALT
CONCRETE OVERLAY
(TYPICAL).
VARIABLE B
SECTION A-A
A
PLAN 8-B
REV; APPROVED DA TE
.._...;c...3'-"D""'IA""". ---r: ~. INVERT
GRADE ADJUST WITH
:.:~ CONCRETE RINGS AS
;\: REQUIRED TO MATCH GRADE. ;{_. MAX.=11 ... ,
/~ ~b~:~~2 112· SECTION C-C ~-.. RINGS.
B
a"!--
POUR BASE AGAINST
6-INCHES OF 3/4n
CRUSHED. ROCK BASE
NOTES:
CAST IN PLACE CONCRETE FOR BASE
SHALL BE TYPE 560-8-3250.
ALL PIPE IN MANHOLE SHALL BE PVC
AND SHALL BE INCLUDED AS PART OF
MANHOLE.
MANHOLE SHALL BE CONSTRUCTED IN
ACCORDANCE WITH ASTM C-478.
STUB OUTS SHALL HA VE A MINIMUM
LENGTH OF 3 FEET BEYOND MANHOLE.
SDR 35 PVC PIPE MAY BE INSTALLED IN
STRAIGHT-THROUGH MANHOLES WITH NO
JUNCTIONS. THE TOP SECTION OF PIPE
SHALL BE REMOVED .FLUSH WllH TOP
OF SHELF. CUTS SHALL BE NEAT AND
DRESSED MINIMIZING BURRS AND ROUGH
EDGES.
EACH SHAFT AND RISER JOINT SHALL
BE SEALED PER JOINT DETAIL ON DWG
S-1A WITH BUTYL RUBBER SEALANT
ROPE.
WHEN MANHOLE FORMS THE JUNCTION OF
SEWERS AND /OR AN ANGLE IN MAIN
ALIGNMENT, SPECIAL CARE SHALL BE
USED IN FORt-4ING THE CHANNELS TO
FACILITATE THE FLOW OF SEWAGE.
IN\,'.gRTS SHALL B,E TRUE TO GRADE AND
ALIGNMENT, FINISHED WITH· SMOOTH
SURFACE, AND MAiNTAIN .0.2' DROP.
N'OT TO SCALE
CITY OF CARLSBAD . ,, 12/11
mcq;~~::=.*"=~"'!¥1~ STANDARD
SEWER MANHOLE
CITY ENGIN.EER
SUPPLEMENTAL
STANDARD NO,
DAlE
S-1
Item#5-AB#22,342 July 12, 2016 Page 120 of 124
···,,~
. '&,
~EC'tJtJjaj A~lA
· E)C1M:E$.Tf'.C ... WATER.
. TtEM
>l~
,.........,.,,-,+,,,..,.. ........ :-~ .. · ........ il
:s1tc-rrow ti~ s.
r{E,C.LAJM!ED< .. W.AffE:R . :-.. :~ ....... : ·. . .
Item#5-AB#22,342 July 12, 2016 Page 121 of 124
C: ·e . .... C\I
I • 24" min
• I
hole
.. C.I.
s· min
s· min
6" thick grout pod
Slope surface of grout pod to drain away
from cover, and to meet existing grade.
.11·.· ·.,,. 560-C-3250 concrete PLAN-IN UNPAVED AREA Brick support all around
on 2· sand base.
•• '4
6"
. · ?Dia.(min~
NOTES
1. Cover and frame to be cast integrally with pipe box.
2. Monument base may be cos~ in place or precast.
3. Form and taper exposed upper 6" of cast-in-place base to a top
diameter of 5". (Precast base shall be saqd backfilled).
TYPICAL MONUMENT
SECTION IN PAVED AREA
4. Monument marker shall be a domed brass, 3" in diameter or as approved by agency.
5. Monument Location:
_I ., I
a) Set on all centerline intersections unless actual location is modified by
the Agency and shown in modified location on map. When centerline
intersection is impractical, off~et 5' on centerline of major street, (see
detail at right). If neither centerline can be occupied, two monuments will
be set in line around the front on the perimeter of a 1 O'
diameter circle, whose center is the point.
b) Set on centerline at intervals not exceeding 1000' on straight runs.
c) Set on centerline at points of curvature.
d) Set on center at center points of cul-de-sacs.
e) Set on centerline when center point of cul-de-sac is offset from
centerline.
f) These standards may be modified at the discretion of the Agency in
cases where strict compliance therewith results in more monuments than
it considers necessary. The following technique for reducing the number
of monuments will be routine.
g) Substitution of one monument on the "Point of Intersection" for
monuments at the "Beginning of Curve" and the "Ending of Curve" when
the "Point of Intersection" falls within the pavement area.
h) Deletion of any monument otherwise required by these standards when
its position can be determined by turning one angle from a point on a
straight line between two other monuments, providing such point is not
more than 300' from the point on which the deleted monument
would hove been placed.
ii .
f/Jof'_t·~'$1 5' -....:c.:..._s...reet . 11----~
in I
I
l
Alteration location of monument.
.Tie distances shown on final sub-
'division map if alternate location is used.
LOCATION OF STREET
SURVEY MONUMENT.
Revision By Approved Date SAN DIEGO REGIONAL STANDARD ORA WING RECOMMENDED BY THE SAN DIEGO
REGIONAL STANDARDS COMMITTEE
ORIGINAL Kercheval 12 75
Add Metric T. Stanton 03/03
Reviewed T. Stanton 04/06
Delete Metric 05/12
Note 4 Rev 02/14
STREET SURVEY MONUMENT Ch
DRAWING . NUMBER
7/26/Zl)(Z
M-10
Item#5-AB#22,342 July 12, 2016 Page 122 of 124
Exhibit 2
Pavement Overlay Project No. 6001-160L
Street List
Street Name From To
Black Rail Road Poinsettia Lane Aviara Parkway
Carlsbad Village Drive Tamarack Avenue College Blvd.
College Boulevard Cannon Road North city limits
El Camino Real Palomar Airport Road Gateway Road
Grand Avenue Jefferson Street East end of street
Park Drive Cove Drive Marina Drive
Intersection
Palomar Airport Road Camino Vida Roble
El Camino Real La Costa Avenue
Item#5-AB#22,342 July 12, 2016 Page 123 of 124
LOCATION MAP
STREETS TO BE OVERLA YEO
PROJECT NAME PAVEMENT MANAGEMENT PROGRAM
2016 OVERLAY
PROJECT
NUMBER
60011
PLOTmJ BY: SCOTT £VANS PLOT DA 7£: J/8/16 PA 7H: D: \ 7RANSP0RTA 710N D£PARTl.l£NT\D£SIGN DIVIS/0N\SCHAUBL£\2016 0\1:RLA Y\20160LLOCA 710N 1./AP.DWG
EXHIBIT
3
Item#5-AB#22,342 July 12, 2016 Page 124 of 124