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DB Pipeline Inc; 2020-02-26; PWS20-944TRAN
DOC# 2020-0492152 11111111111111111011111111111111111111111111111111111111 Aug 27, 2020 01:48 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 1 Space above this line for Recorder's use. PARCEL NO: n/a NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on June 8, 2020. 6. The name of the contractor for such work or improvement is DB Pipeline, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 6608, State Street Drainage Improvements (PWS20-944TRAN). 8. The street address of said property is along State Street in the City of Carlsbad. CITY ,CARLSBAD Geoff Patnoe, Assistant City Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the Assistant City Manager of said City on - Li , 20,20, accepted the above described work as completed and ordered that a Noticeof Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on 202L at Carlsbad, California. ci CITY OF CARLSBAD CLA-16-L.04._ ARBARA ENGLESON City Clerk C:\Jens Temp\ 6608 NOC without typo.doc RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS DB Pipeline, Inc. has completed the contract work required for Project No. 6608, State Street Drainage Improvements (PWS20-944TRAN). City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE Storm drain improvements $348,546 CERTIFICATION OF COMPLETION OF IMPROVEMENTS 6/30/2020 Babaq Taj ginee 'Arnow nager Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. 21 -1 Geoff Patnoe, Assistant City Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By: uty City Attorney A S5fS FAWN/7 Q: \ Public Works\ PW Common \CAPITAL-ACTIVE \6608 State Street Drainage Improvements \API (Public Works) - revised 2020-06-17.doc CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS AND SUPPLEMENT AL PROVISIONS FOR STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 PWS20-944TRAN ,, •ff Revised 6/12/18 Contract No. 6608 Page 1 of 153 TABLE OF CONTENTS Notice Inviting Bids ................................................................................................................ 8 Contractor's Proposal ........................................................................................................... 13 Bid Security Form ..... · ............................................................................................................ 20 Bidder's Bond to Accompany Proposal ................................................................................. 21 Guide for Completing the "Designation of Subcontractors" Form .......................................... 22 Designation of Subcontractor and Amount of Subcontractor's Bid Items .............................. 24 Bidder's Statement of Technical Ability and Experience ........................................................ 25 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation .................................................................................... 26 Bidder's Statement Re Debarment. ....................................................................................... 27 Bidder's Disclosure of Discipline Record ..................................................................... 28 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ........................ 30 Contract Public Works .......................................................................................................... 31 Labor and Materials Bond ..................................................................................................... 38 Faithful Performance/Warranty Bond ................................................................................... .40 Optional Escrow Agreement for Surety Deposits in Lieu of Retention .................................. .42 l' •+;' Revised 6/12/18 Contract No. 6608 Page 2 of 153 Section 1 1-1 1-2 1-3 1-4 1-5 Section 2 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 2-10 2-11 Section 3 3-1 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 5 5-1 5-2 5-3 5-4 5-5 5-6 Section 6 6-1 6-2 6-3 6-4 6-5 6-6 6-7 6-8 GENERAL PROVISIONS Terms, Definitions, Abbreviations and Symbols Terms ........................................................................................................... 45 Definitions ..................................................................................................... 45 Abbreviations ................................................................................................ 49 Units of Measure ........................................................................................... 52 Symbols ........................................................................................................ 53 Scope and Control of The Work Award and Execution of Contract.. ................................................................ 54 Assignment ................................................................................................... 54 Subcontracts ................................................................................................. 54 Contract Bonds ............................................................................................. 55 Plans and Specifications ............................................................................... 56 Work to be Done ........................................................................................... 60 Subsurface Data ........................................................................................... 60 Right-of-Way ................................................................................................. 60 Surveying ...................................................................................................... 60 Authority of Board and Engineer ................................................................... 65 Inspection ..................................................................................................... 65 Changes in Work Changes Requested by the Contractor ......................................................... 66 Changes Initiated by the Agency .................................................................. 66 Extra Work .................................................................................................... 67 Changed Conditions ..................................................................................... 70 Disputed Work .............................................................................................. 71 Control of Materials Materials and Workmanship .......................................................................... 77 Materials Transportation, Handling and Storage ............................................ 81 Utilities Location ........................................................................................................ 82 Protection ..................................................................................................... 82 Removal ....................................................................................................... 83 Relocation ..................................................................................................... 83 Delays .......................................................................................................... 84 Cooperation .................................................................................................. 84 Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work .................................... 85 Prosecution of Work ..................................................................................... 86 Suspension of Work ...................................................................................... 88 Default by Contractor .................................................................................... 88 Termination of Contract ................................................................................ 89 Delays and Extensions of Time ..................................................................... 89 Time of Completion ....................................................................................... 90 Completion, Acceptance, and Warranty ........................................................ 91 {' • .., Revised 6/12/18 Contract No. 6608 Page 3 of 153 6-9 6-10 Section 7 7-1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-13 7-14 Section 8 8-1 Section 9 9-1 9-2 9-3 9-4 Liquidated Damages ..................................................................................... 91 Use of Improvement During Construction ..................................................... 92 Responsibilities of the Contractor Contractor's Equipment and Facilities ........................................................... 93 Labor ............................................................................................................ 93 Liability Insurance ......................................................................................... 93 Workers' Compensation Insurance ............................................................... 93 Permits ......................................................................................................... 94 The Contractor's Representative .................................................................. 94 Cooperation and Collateral Work .................................................................. 94 Project Site Maintenance .............................................................................. 95 Protection and Restoration of Existing Improvements .................................... 97 Public Convenience and Safety .................................................................... 97 Patent Fees or Royalties ............................................................................. 104 Advertising .................................................................................................. 104 Laws to be Observed .................................................................................. 104 Antitrust Claims ........................................................................................... 104 Facilities for Agency Personnel General ....................................................................................................... 105 Measurement and Payment Measurement of Quantities for Unit Price Work ........................................... 106 Lump Sum Work ......................................................................................... 106 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............................................. 1 06 Bid Item Descriptions .................................................................................. 11 O {'\ • .., Revised 6/12/18 Contract No. 6608 Page 4 of 153 PART2 SUPPLEMENTAL PROVISIONS TO PARTS 2, 3, 4, 5, 6, AND 8 OF THE SSPWC CONSTRUCTION MATERIALS Section 200 Rock Materials 200-2 Untreated Base Materials ........................................................................... 115 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete ........................................................................ 116 201-3 Expansion Joint Filler and Joint Sealants .................................................... 117 Section 203 Bituminous Materials 203-6 Asphalt Concrete ........................................................................................ 118 Section 206 206-7 206-8 206-9 Miscellaneous Metal Items Traffic Signs ................................................................................................ 119 Light Gage Steel Tubing and Connectors ................................................... 121 Portable Changeable Message Sign ........................................................... 122 Section 207 Gravity Pipe 207-2 Reinforced Concrete Pipe ........................................................................... 123 207-26 Underground Utility Marking Tape .............................................................. 124 Section 210 Paint and Protective Coatings 210-1 Paint ........................................................................................................... 125 Section 213 Engineering Geosynthetics 213-5 Geotextiles and Geogrids ........................................................................... 125 Section 214 Traffic Striping, Curb and Pavement Markings, and Pavement Markers 214-4 Paint for Striping and Marking ..................................................................... 126 214-6 Pavement Markers ...................................................................................... 126 Section 215 Fencing 215-1 Environmental Fencing ............................................................................... 127 PART3 Section 300 300-1 300-2 300-12 Section 301 301-1 CONSTRUCTION METHODS Earthwork Clearing and Grubbing ................................................................................. 128 Unclassified Excavation ............................................................................... 129 Storm Water Pollution Prevention Plan ........................................................ 130 Subgrade Preparation, Treated Soil and Placement of Base Materials Subgrade Preparation .................................................................................. 133 Section 302 Roadway Surfacing 302-5 Asphalt Concrete Pavement ........................................................................ 134 Section 303 Concrete and Masonry Construction 303-1 Concrete Structures ..................................................................................... 135 303-2 Air-Placed Concrete ..................................................................................... 135 ,, •+; Revised 6/12/18 Contract No. 6608 Page 5 of 153 303-5 303-6 303-7 Section 306 306-3 306-7 306-12 306-13 306-15 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways ................................................................... 135 Stamped Concrete ....................................................................................... 136 Colored Concrete ......................................................................................... 137 Open Trench Conduit Construction Trench Excavation ....................................................................................... 138 Prefabricated Gravity Pipe ........................................................................... 141 Backfill ......................................................................................................... 141 Trench Resurfacing ..................................................................................... 141 Payment ...................................................................................................... 142 Section 314 Traffic Striping, Curb and Pavement Markings, and Pavement Markers 314-4 Application of Traffic Striping and Curb and Pavement Markings ................. 142 314-5 Pavement Markers ....................................................................................... 143 PART 4 EXISTING IMPROVEMENTS Section 401 Removals 401-3 Concrete and Masonry Improvements ........................................................ 145 PART 5 PIPELINE SYSTEM REHABILITATION Section 500 Pipeline Rehabilitation 500-3 Cleaning and Preliminary Inspection ........................................................... 146 PART6 Section 601 601-2 601-3 601-4 PARTS TEMPORARY TRAFFIC CONTROL DEVICES Temporary Traffic Control for Construction and Maintenance Work Zones Temporary Traffic Control Plan (TCP) ........................................................ 149 Temporary Traffic Control (TTC) Zone Devices ........................................... 149 Temporary Traffic Striping and Pavement Markings .................................... 152 LANDSCAPE AND IRRIGATION Section 801 Installation 801-1 General. ...................................................................................................... 153 ,, •,; Revised 6/12/18 Contract No. 6608 Page 6 of 153 APPENDIX A -Door Hanger B -Standard Plans C-Tier 2 SWPPP Template D -Traffic Signal and Street Lighting General Notes E -Signing and Striping General Notes F -Subsurface Utility Pothole Report G -Cross Walk Paver Specifications and Details H -Precast Catch Basin l'\ • .., Revised 6/12/18 Contract No. 6608 Page 7 of 153 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on January 21, 2020, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Of- ficer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Installation of PVC storm drain pipeline with catch basins and removal and replacement of sidewalk, curb and gutter and cold mill of asphalt roadway with resurface paving. STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 BID NO. PWS20-944TRAN INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevoca- ble offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Depart- ment. 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 sub- stituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another juris- diction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Public Works Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction 2018 edition and the supplements thereto as pub- lished by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) of the SSPWC do not apply and have been replaced with the General Provisions herein. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contrac- tors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. ,, •,; Revised 6/12/18 Contract No. 6608 Page 8 of 153 BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - ( optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is three hundred fifty thousand Dollars $350,000. 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 submit- ted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A -General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and sub- mitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained from the City's website http://www.carlsbadca.gov/services/depts/finance/contracting/bids.asp. Paper copies will not be sold. ,, •+r Revised 6/12/18 Contract No. 6608 Page 9 of 153 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 draw- ings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as herein before spec- ified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Graham Jordan, Contract Administrator graham.jordan@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, de- tails or specification sheets. The cutoff date to submit questions regarding this project is 5 p.m. on January 10, 2020. No questions will be entertained after this date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding the project on January 13, 2020. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Con- tract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work l'\ •+; Revised 6/12/18 Contract No. 6608 Page 10 of 153 pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. MANDATORY PRE-BID MEETING A mandatory pre-bid meeting will be held at 9 a.m. on Tuesday, January 7, 2020 in Room 173B of the City of Carlsbad Faraday Office located at 1635 Faraday Avenue Carlsbad California 92008. All prospective bidders are required to attend. Absentee and late arrivals will be disqualified from the bidding process. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDA Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by the City until they are released as stated in the General Pro- visions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. 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 (commenc- ing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII ,, •ff Revised 6/12/18 Contract No. 6608 Page 11 of 153 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. 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. 2019-263, adopted on the 17th day of December 2019. z' 2 __ __ December 18, 2019 { L...__ ~ Date Graham Jordan, Deputy Clerk l'\ •,;' Revised 6/12/18 Contract No. 6608 Page 12 of 153 January 13, 2020 ADDENDUM NO. 1 {cicyof Carlsbad RE: STATE STREET DRAINAGE IMPROVEMENTS; PROJECT NO.: 6608 Please include the attached addendum .in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be included to your bid when your bid is submitted. ~-;;_)_ GRAHAM JORDAN Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's ignature Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t From: CITY OF CARLSBAD State Street Drainage Improvements Contract No. 6608 Bid No. PWS20-944TRAN Addendum No. 1 Graham Jordan, Contract Administrator Phone: 760-602-2462 graham.jordan@carlsbadca.gov No. of Pages: 3 pages (including this page, excluding the contract, specifications and Drawings) Date: January 13, 2020 Bid Opening Date: January 21, 2020 -11 :00 a.m. (unchanged) NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. MODIFICATIONS, DELETIONS, AND ADDITIONS TO GENERAL PROVISIONS 1) Modify the first two sentences of Section 6-2.3.1.a to read as follows: During work hours, as defined by Section 6-7, the Contractor may only close up to one travel lane on State Street. In this event, the entire lane and adjacent parking spaces shall be closed to vehicle traffic throughout the State Street segment from Carlsbad Village Drive to Grand Avenue ... Contract No. 6608 -STATE STREET DRAINAGE IMPROVEMENTS Addendum No. 1 1 QUESTIONS AND ANSWERS 1. Can we use the traffic control plan that the utility locating company used? Or are we to furnish our own traffic control plan? The Contractor is responsible for preparing, implementing and maintaining their own traffic control plan for all phases of work per Bid Item No. 3. 2. Do you anticipate extending the bid due date? We do not anticipate extending the due date at this point in time. 3. What additional details are you willing to provide, if any, beyond what is stated in bid documents concerning how you will identify the winning bid? Per California Public Contract Code Section 22038, the contract shall be awarded to the lowest responsible bidder. 4. Was this bid posted to the nationwide free bid notification website at www.mygovwatch.com? No, it was not. 5. Other than your own website, where was this bid posted? The City of Carlsbad posts all bids to its Planet Bids portal only. Per the California Uniform Construction Cost Accounting Act -in which the City of Carlsbad is a participating agency - local construction trade journals are required to be and are notified. However, it is important to note that the City of Carlsbad Planet Bids portal is the only official site for all bid related postings. 6. I'm emailing in regards to the State Street Drainage Improvements project and wanted to know if there is an estimated start date for the construction. Late March/early April. 7. Is the city going to provide a laydown area for the contractor? The city will not provide a laydown area for the Contractor. It is the Contractor's responsibility to locate a laydown area. 8. Is full road closure allowed during the day? Full road closure during the day is not allowed. A maximum of one lane and the adjacent parking stalls may be closed during these hours per Section 6-2. The road shall only be closed during the final surface paving per Section 6-2.3.2. 9. If curb section is removed, does it need to be replaced by the weekend? Yes. All improvements initiated during the week need to be completely installed and ready for public use by 4:00 PM Friday. 10. Is the intent to install the engineered flow line of the gutter and match the top of the curb to the existing adjacent sidewalk? Yes. This will create a modified curb and gutter section as the height of the curb face will vary to match the top of existing sidewalk. The proposed curb and gutter section is detailed on Sheet 2 of the plan with the profile shown on Sheet 5. Some adjacent sidewalk sections are scheduled for removal and replacement as shown on the plan. Contract No. 6608 -STATE STREET DRAINAGE IMPROVEMENTS Addendum No. 1 2 11. Will the city provide the engineered survey? The Contractor is to provide all surveying per Section 2-9.2.3. Survey is to be incidental to the actual bid item requiring the survey. Autocad files for the project will be provided to the Contractor upon contract award. 12. Is 45 working days enough time to complete the project. Yes. The workforce provided by the Contractor shall be adequately staffed to complete the project within the allotted time. 13. Is a material transport vehicle required for paving? The Engineer has determined that the use of a material transport vehicle (MTV) is not practical for this project. This requirement is therefore waived per Section 302-5.5 of the Specifications. 14. Is two-way traffic allowed during day work? A maximum of one lane and adjacent parking area may be closed during the work day. The remaining lane and associated adjacent parking area shall remain open during this time (making State Street a one-way street during work hours). The Contractor shall provide a detour for the closed lane in their Traffic Control Plan submittal. Shifting the lanes within this segment of State Street to allow for two-way traffic will not be allowed. Section 6-2.3.1.a Confined Work Area During Work Hours has been modified for clarification: "During work hours, as defined by Section 6-7, the Contractor may only close up to one travel lane on State Street. In this event, the entire lane and adjacent parking spaces shall be closed to vehicle traffic throughout the State Street segment from Carlsbad Village Drive to Grand Avenue ... ". 15. Is onsite staging allowed. Materials and equipment may be staged within the work area and shall be in accordance with the project sequencing requirements in Section 6-2.3. Contract No. 6608-STATE STREET DRAINAGE IMPROVEMENTS Addendum No. 1 3 CITY OF CARLSBAP 1~v :11> ., . ~.Id : i...,., ,._ S,w.~AI \>l,t; City Council City of Carlsbad STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 CONTRACTO~SPROPOSAL 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. 6608 in accordance with the Plans, Specifications, General Provi- sions, 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: STATE STREET DRAINAGE IMPROVEMENTS Item No. 1 2 3 4 Description Mobilization (not to exceed 10%) Twenty-Five Thousand Dollars (Price in Words) Clearing and Grubbing (Site Dem- olition) Twenty Thousand Dollars (Price in Words) Traffic Control Plan Preparation, Implementation and Maintenance Fifteen Thousand Dollars (Price in Words) Utility Potholing and Locating Five Hundred Dollars (Unit Price in Words) ,, _., Revised 6/12/18 Approximate Quantity and Unit 1 LS 1 LS 1 LS 7 EA $ Contract No. 2208. Unit Price (Figures) 500.00 Total Amount (Figures) $ 25,000.00 $ 20,000.00 $ 15,000.00 $ 3,500.00 Page 13 of 153 Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures) (Figures) 5 Tier 2 SWPPP Preparation, lmple-1 LS $ 5,000.00 mentation, and Maintenance Five Thousand Dollars (Price in Words) 6 Trench Sheeting, Bracing and 1 LS $ 2,000.00 Shoring Two Thousand Dollars (Price in Words) 7 Trench Dewatering Stipulated LS $20,000 Twenty Thousand Dollars (Price in Words) 8 Record Drawings 1 LS $ 1,000.00 One Thousand Dollars (Price in Words) 9 Connect Storm Drain to Existing 1 LS $ 2,500.00 Storm Drain Inlet Two Thousand Five Hundred Dollars (Price in Words) 10 Install 10-inch Diameter PVC SOR 245 LF $ 179.00 $ 43,855.00 35 Pipeline One Hundred Sevent~-Nine Dollars (Unit Price in Words) 11 Irrigation Line Reconnection 5 EA $ 350.00 $ 1,750.00 Three Hundred Fiftt Dollars (Unit Price in Words) 12 Install 18-inch x 18-inch Precast 5EA $ 3,000.00 $ 15,000.00 Catch Basin with Traffic Rated Grate Tjhree Thousand Dollars (Unit Price in Words) (' +' Revised 6/12/18 Contract No. 2008. Page 14 of 153 Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures) (Figures) 13 Trench Resurfacing 245 LF $ 95.00 $ 23,275.00 Ninet~-Five Dollars (Unit Price in Words) 14 Curb Outlet per SDRSD D-25A 1 LS $ 6,000.00 Six Thousand Dollars (Price in Words) 15 Sidewalk Underdrain Replace-1 LS $ 1,600.00 ment per SDRSD D-27 One Thousand Six Hundred Dollars (Price in Words) 16 Sidewalk Replacement per 510 SF $ 16.00 $ 8,160.00 SDRSD G-7 Sixteen Dollars (Unit Price in Words) 17 Install Truncated Domes on Exist-2 EA $ 1,100.00 $ 2,200.00 ing Pedestrian Ramp One Thousand One Hundred Dollars (Unit Price in Words) 18 Modified Curb & Gutter per 775 LF $ 66.00 $ 51,150.00 SDRSD G-2 Sixt~-Six Dollars (Unit Price in Words) 19 Post Construction CCTV and De-1 LS $ 2,000.00 livery of PACP Inspection Two Thousand Dollars (Price in Words) 20 Asphalt Cold Mill Grind 20,600 SF $ 1.40 $ 28,840.00 One Dollar and Forty Cents (Unit Price in Words) ,, .., Revised 6/12/18 Contract No. Qfillll Page 15 of 153 Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures) (Figures) 21 C2 PG 64-10 Asphalt Paving 295 Ton $ 176.00 $ 51,920.00 One Hundred Sevent;l-Six Dollars (Unit Price in Words) 22 Replace Loop Detectors 6EA $ 750.00 $ 4,500.00 Seven Hundred Fifty Dollars (Unit Price in Words) 23 Reconstruct Crosswalk Tile Pav-50 SF $ 75.00 $ 3,750.00 ers with 8" Concrete Encasement and Header Walls Seventy-Five Dollars (Unit Price in Words) 24 Walkway Pressure Wash Cleaning 1 LS $ 2,000.00 Thousand Dollars (Price in Words) 25 Road Striping, Pavement Markers 1 LS $ 10,000.00 and Legends Restoration Ten Thousand Dollars (Price in Words) Total amount of bid in words: ___ T_H_R_E_E_H_U_N_D_R_E_D_F_IF_T_Y_T_H_O_U_S_A_N_D_D_O_L_L_A_R_S_A_N_D __ NO CENTS. Total amount of bid in numbers: $ 350,000.00 --------------------------- Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). ____ 1 _____ 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. l' _., Revised 6/12/18 Contract No. 2film Page 16 of 153 The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 1046212 , classification CLASS A which expires on 10/31/2020 , and Department of Industrial Relations PWC registra- tion number 1000062288 which expires on 06/30/2022 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City§ 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is ____ B_o_n_d ________ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-in- surance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. ,, •f' Revised 6/12/18 Contract No. 6608 Page 17 of 153 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (gi n and surname) of proprietor (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) City and State _________________ __, _________ _ (4) Zip Code ________ Telephone No. ______ _...,_ _______ _ (5) E-Mail ____________________ _..,_ ,, •ff Revised 6/12/18 Contract No. 6608 Page 18 of 153 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted _D_B_P_IP_E_L_IN_E_, _IN_C_. _________ _ (2) Dominic J. Burtech Ill (Signature) President & Owner (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of California ~~~~------- (4) Place of Business 102 Second St. Suite C (Street and Number) City and State __ ___,;;E;;;.;.N.;..;C;..;.l;..;.Nl;..;.T.;...;A...;;;_S;_, C.;;;.;.A....;.;L;;;.;.IF;....O.:;.cR....;.;N....;.;1.;...;A'---------------- (5) Zip Code __ 92_0_2_4 _____ Telephone No. _7_60_-_634_-5_1_3_3 _______ _ (6) E-Mail dominic@dbpipelineinc.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Dominic J. Burtech Ill -President & Owner ,, •+;' Revised 6/12/18 Contract No. 6608 Page 19 of 153 f 1! 1;1 /II 1:j ::I, ii I, CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } } On ___,.__,,_ ______ before me, Arthur P. Arquilla, Notary Public person lly appeared D()YVl J t1; ~ J. ~~""'II[: • who proved to me on the basis of satisfactory evidence to be the person(s) whose ~e(~re subscribed to the~~ instrument and acknowledged to me that ~he/they executed the same ~er/their authorized capacity(ies), and that by ~er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. !@··--,, ARTHUR P. ARQUILLA i in ---,. -' COMMISSION NO. 2225407 n d .·" NOTARY PUBLIC CALIFORNIA ~ ~ SAN DIEGO COUNTY ~ ? COMMISSION EXPIRES JAN 7, 2022 ~ . (Notary Public Sea11· ~ INSTRUCTIONS FOR COMPLETING TIDS FORM r--=-~...:....:.....:;_::...:.:...=-_..;..:::c.__N_A_l_lN_F_O_R_M_A_T7IQN This form complies with current California statutes regarding notary wording and. DESCRIPTION OF THE ATTACHED DOCUMENT if needed. should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (TiHe or tlescription of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer {Title) □ Partner( s) □ Attorney-in-Fact □ Trustee(s) □ Other _________ _ • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. 0 Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. 0 Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). ' !I -:; 0 Securely attach this document to the signed document with a staple. !~ ---..... --------=====----------~=~~~===~==================~-;=-==================~= I BID SECURITY FORM (Check to Accompany Bid) STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable the order of CITY OF CARLSBAD, N/A ($ ____ ____J, in the I sum of dollars this amount being ten percent (10%) of the total amou of the bid. The proceeds of this check shall become the property of the City provided this prop sal shall be accepted by the City through action of its legally constituted contracting authorities -and the undersigned shall fail to execute a contract and furnish the required Performance, War. anty and Payment Bonds and proof of insur- ance coverage within the stipulated time; otherw· e, the check shall be returned to the under- signed. The proceeds of this check shall also b ome the property of the City if the undersigned shall withdraw his or her bid within the period o fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, a d notwithstanding the award of the contract to an- other bidder. BIDDER *Delete the inap icable word. I I (NOTE~~tce Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be exe/ d--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) ,, •,; Revised 6/12/18 Contract No. 6608 Page 20 of 153 BIDDER'S BOND TO ACCOMPANY PROPOSAL STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 KNOW ALL PERSONS BY THESE PRESENTS: That we, DB PIPELINE, INC. as Principal, and NORTH AMERICAN SPECIAL TY INSURANCE COMPANY, as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF GREATER AMOUNT BID 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: STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this _1_3T_H ___ day of JANUARY 2020 DB PIPELINE, INC. (SEAL) (Principal) By:./-__ ~---~=-----" (Signature) DOMINIC J. BURTECH, Ill, PRESIDENT (Print Name/Title) NORTH AMERICAN SPECIAL TY INSURANCE COMPANY(SEAL) (Surety)~ By:~0-vt~ (Signature) MARK D. IATAROLA, ATTORNEY-IN-FACT (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT GERTIFICATE) APPROVED AS TO FORM: CELIA A BREWER City Attorney By ,Jill~ Deputy City Attorney ~ W+i' Revised 6/12/18 Contract No. 6608 Page 21 of 153 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 808Ull:1 B:I l:S 1:0:01 II a !I Ill a 1:0:0:oa II D DU a D Ill 100:0:g:o 990:9:lfflll HOO 111 I 11 )ij I ~DI OH El{] 0:B 81Ill11111:0:08511 D GI II 1:113 D ti 1111ill:B1:11:0 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO } On -------'1'-'--/1-'-'3'""/2=-0c..c2c..c0'--_____ before me, ___ S_A_N_D_R_A_F_IG_U_E_R_O_A-'-, _N_O_T_A_R_Y_P_U_B_L_I_C __ ~ Date Here Insert Name and Title of the Officer personally appeared __________ _:Mc=..__A:..:...R.:.:.K.:....=.D.:... . .::..IA..:...T:..:.A...:.:R...:.O=L:...;A'-------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/-a;e. subscribed to the within instrument and acknowledged to me that he/s19e/-the-y executed the same in his/hel'tl:19eir authorized capacityfie5), and that by his/19el'/-their signature(~) on the instrument the person(fij, or the entity upon behalf of which the personts-) acted, executed the instrument. re SzjoRA F,miERoA 1 ,-COMM.#2162642 } Z . ~ SAN DIEGO COUNTY } ~ ' NOTARY PUBLIC-CALIFORNIA~ L MY COMMISSION EXPIRES j AUGUST 14, 2020 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Noto OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: __________________________ _ Document Date: ______________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA o Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual ~ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: _________ _ 1111:IC IIDDlllll3i11111111111Clllll 3 [J:(IIJC 1:8[ us:110:s ©2017 National Notary Association Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual o Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: _________ _ SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIAL TY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Mis~ouri, !(nd \\:estport Insurance Corpor~tion, organize_d under the laws of the State of Missouri, and having its principal office in the City of Kansas City, M1ssoun does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, and JESSICA SCHMAL JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of surety ship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011 . .. RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company: and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.'' -;~ c-; By ll'+---~ Steven P. Anderson, Semor Vice President of Washington lnternat1onal Insurance Compan)' & Seniol' Vice Prtsident of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation 1/ :/,/ _,,,t ,, 1,,, By fV /,;:::;""! / Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Viet President of North American Specialty Insurance Company & Senior Vice Presidenl of Westporr Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 19TH day of JUNE , 20 __ 19 __ State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation On this 19THday of ___ J_U_N_E __ , 20_12, before me, a Notary Public personally appeared Steven P. Anderson . Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M, KENNY Noto1ry PubhL · St;ik of 11!1:1<.1;,, ~~Y (on-,:msc;ion ':.¥1Nc", 12/0412021 M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and cftect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 13th day of JANUARY , 20~. Jeffrey Goldberg. Vice President & Assistant Secretill) orWashmgton International Insurance Compan~ & North Amencan Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder'', "Contract", "Contractor'', "Contract Price", "Contract Unit Price", "Engineer'', "Own Organization", "Subcontractor'', and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes perfor- mance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of Cali- fornia whom the Bidder proposes to specially fabricate and install any portion of the work or im- provement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcon- tractor-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. ,, •,;' Revised 6/12/18 Contract No. 6608 Page 22 of 153 Determination of the subcontract amounts for purposes of award of the contract shall be deter- mined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. ,, •,;' Revised 6/12/18 Contract No. 6608 Page 23 of 153 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Amount of Subcontractor Name Phone No. DIR Subcontractor's Portion of and and Email Registration License No. and Work by Work Subcontractor Location of Business Address No. Classification in Dollars* ~ fO.'VCO ~oe.40\W1~c: \'(\c., U.\O.) .-l\'U• '\'204 \ oncit)o ":>. '?;\~ -\P~~i4?J7 S,t ~70,00 s,\,\C,1\'\(A '2o .., ~c.-c.oV\d. C\~, \&(~\,\~1\11.UU> .~ 1 .... C-¾ ...., C.~ 0. \J\ 9\-A r ~ G\ l °l \0 J ' ,J Sv.r'H.IA ~~Ull'A .. \~V\CI Lwt) 1'97· 101'0 1a::.a::c,5~ dc..-:S> Lt--fi~ ii-'h c.,90. oo ),.. V ")n;-G.en~ A".-\\' 2lt>" roC\O.~-\mc..o .~ .. , ~"'Ct ?a" t:>\ uio U\ °' l, a\ ~o a, ::J..J'I AW <at.'OU'Al E.~o,,. (CJS'1\ ,; \ 3-0Co l l 1~12.C.lS-¾ S'O 2 "5" 0v, ♦ 7o, 115".t» Q,lo\'1\\\\ A-~, flmd,Q.ff1SA O.\lt. ... c. I ',A,(f,,,.. . • ·-~-'""'~&\.\. .... , .... A \ .(, ... I(:. ?A\J \ 1\Cl\. ~""Oiet...12 ~'\~4 1• \I J J L \1.2\S \J Vl\\'MMO.f'~ruw-~ (IS() ~ .. ¥13~ \OCl:::f)~~ ~ \r.t>~4' I ~ ~ 0\10,~ ~~'-, \1:l-1 c.}-~--~ ~ b.\t.i.G. \l\\t_,wo.v'l,.f&v l.~ A ~ ~ C:,-b\ I CA '\\O\Sb .J ,J Page _L of _I_ pages of this Subcontractor Designation form • Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." ,, • ., Revised 6/12/18 Contract No. 6608 Page 24 of 153 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Address Name and Phone Amount Contract of the Employer No. of Person to Type of Work of Completed Contract Contract C1~ of Solana Beach Jim Greenstein 2019 SEWER PIPELINE 6/21/2019 63 South Highway 101 $ 409,494 00 Solana Beacil. CA 92075 (858) 720-2476 REPLACEMENTS 6/2012019 Crty of Laguna Beach/NuLine Tedmologies, LLC Frank Durazo -Nuhne Technologies, LLC ~~ie~t7~ ri~~iitary Sewer $115,174.45 240 Ruby Street. Laguna Beach, CA 92651 (760) 634~5153 Port of San Diego Mark Adams Water Service Replacement $64,950 11 4/18/2019 1400 Tidelands Avenue National City, CA 91950 (619) 686--6247 ,, •ff Revised 6/12/18 Contract No. 6608 Page 25 of 153 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 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: 0 Comprehensive General Liability 0 Automobile Liability 0 Workers Compensation 0 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 in- surance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. l' •,;' Revised 6/12/18 Contract No. 6608 Page 26 of 153 .. MARSH&McLENNAN · . AGENCY January 16, 2020 DB Pipeline, Inc. 102 Second Street, Suite C Encinitas, CA 92024 RE: Project Bid-State Street Drainage Improvements Insurance Requirements City of Carlsbad To Whom It May Concern: Marsh & Mclennan Insurance Agency '-l C Mar,hMMA.rnm CA Insurance L:c 0H18131 Please accept this letter as confirmation the the insurance policies for DB Pipeline Inc. can meet the insurance requirements set forth in the contract and certificates of insurance will be provided upon request. Sincerely, Krista Mitchell. CISR Client Administrator I Business Insurance Marsh & Mclennan Insurance Agency LLC 9171 Towne Centre Drive, Suite 100 I San Diego, CA 92122 +1 858 750 4425 I f: +1 f.58 909 9734 ,v1sta.Mitchell,!':MarshMMA.com · MMJ\-West.com bus.mess. ipsurance I Qlfil1 I event~ I vCard .. MARSH & McLENNAN .,.. AGENCY WORLD CLASS. LOCAL TOUCH I I Client#· 516341 DBPIPELI ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 2/06/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES RFLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER • ..... ,ORT ANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh & Mclennan Agency llC PHONE I fffc, No): (A/C No Ext): Marsh & Mclennan Ins. Agency llC it'tJ~ss: constructioncerts@marshmma.com PO Box 85638 --INSURER($) AFFORDING COVERAGE NAIC# San Diego, CA 92186 INSURER A : Zurich American Insurance Company 16535 INSURED INSURER B : The Continental Insurance Company 35289 DB Pipeline, Inc. INSURERC: 102 Second Street, Suite C INSURERD: Encinitas, CA 92024 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICYEFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYYl (MM/DD/YYYYl A X COMMERCIAL GENERAL LIABILITY X X GlO385404001 02/01/2020 02/01/2021 EACH OCCURRENCE $1000000 I CLAIMS-MADE ~ OCCUR ~AM~f?,HO RENTED RE I TEa occurrence l $100,000 X Bl/PD Ded:15000 MED EXP (Any one person) $5,000 - PERSONAL & ADV INJURY $1,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ ~PRO-nLOC $2,000,000 POLICY JECT PRODUCTS -COMP/OP AGG OTHER: $ AUTOMOBILE LIABILITY X X BAP346818801 02/01/2020 02/01/2021 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) - X ANYAUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ --HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ --$ B UMBRELLA LIAB ~ OCCUR 6076049533 02/01/2020 02/01/2021 EACH OCCURRENCE $2 000 000 -X EXCESS LIAB CLAIMS-MADE AGGREGATE $2 000 000 oEo I xi RETENT10N$10000 $ A WORKERS COMPENSATION X WC092174801 10/24/2019 10/24/2020 X l~~~TIITI= I 1gJH-AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE□ E.L. EACH ACCIDENT $1,000 000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If ts, describe under D SCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Job No. DB2020-301 State Street Drainage Improvement; Contract No. 6608; Bid No. PWS20-944TRAN. City of Carlsbad, its officials, employees and volunteers are included as additional insured with respects to General Liabil!ty and Auto Liability per the attached end~rsements. Waiver of Subrogation applies to General Liability, Auto Liability and Workers Compensation per the attached endorsements. Coverage is Primary and Non-Contributory. *30 days Notice of Cancellation applies. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ECM #35050 AUTHORIZED REPRESENTATIVE New York, NY 10163 I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4669246/M4669229 WSKTM I ' POLICY#: WC092174801 POLICY PERIOD: 10/24/2019 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TO: 1012412020 WC 0403 06 (Ed. 04-84) WAIVER Of OUR RIGHT To RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right To recover our payments from anyone liable For an injury covered by this policy. We will Not enforce our right against the person Or organization named In the Schedule. (This agreement applies only To the extent that you perform work under a written contract that requires you To obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration Of your employees While engaged In the work described In the Schedule. The additional premium For this endorsement shall be 2% Of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description BLANKET WAIVER AS REQUIRED BY CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) WC 040306 (Ed. 04-84) Countersigned by __________________ _ INSURED: DB Pipeline, Inc. POLICY#: BAP346818801 Coverage Extension Endorsement POLICY PERIOD: 0210112020 TO: 0210112021 ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II -Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II -Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 1 of 6 C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II -Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II -Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section Ill -Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV -Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage -Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 2 of6 (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 3 of 6 K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage -Comprehensive Coverage -Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos -Physical Damage 1. The following is added to Section I-Covered Autos: Temporary Substitute Autos -Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos -Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. 0. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 4 of 6 agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos -Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto -World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 5 of6 U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II -Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage -Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section Ill -Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 6 of6 INSURED: DB Pipeline, Inc. POLICY#: BAP346818801 POLICY PERIOD: 0210112020 Coverage Extension Endorsement Poficy No. Eff. Dale of Pol. Exp. Dale of Pol. Eff. Dale of End. Producer No. Add'I. Prem TO: 0210112021 g ZURICH Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Fonn Motor carrier Coverage Fonn A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II-Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee• of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II -Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Office. Inc., with its permission. U-CA-424-F CW (04/14) Page 1 ofS 11~..:,un.cu. LJU I lt,J"t;;lll l't;;, II I\.,. POLICY#: GLO385404001 POLICY PERIOD: 02/01/2020 TO: 02/01/2021 Additional Insured -Automatic -Owners, Lessees Or Contractors Policy No . Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'!. Prem . ----. - GLO385404001 02/01/2020 02/01/2021 ,'!(, ZURICH Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: DB Pipeline, Inc. Address (including ZIP Code): 102 Second Street, Suite C Encinitas, CA 92024 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-F CW (04/13) Page 1 of 2 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV -Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV -Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-F CW (04/13) Page 2 of 2 INSURED: DB Pipeline, Inc. POLICY#: GLO385404001 POLICY PERIOD: 0210112020 TO: 0210112021 Waiver Of Subrogation (Blanket) Endorsement Policy No. E,T. Dal~ of Pol. Exp. Date of Pol. Eff. Date of En,!. Producer Add"I Prem. Return Prem. GLO432015001 09/01/2019 09/01/2020 S INCL s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement. which 1s executed before a loss, to waive your rights of recovery from other,. we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. lJ..(JL-925-H CW I 12/0 I) Page I uf I INSURED: DB Pipeline, Inc. POLICY#: GLO385404001 POLICY PERIOD: 0210112020 TO: 0210112021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER, A GENERAL AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. Information reauired to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 2503 0509 © Insurance Services Office, Inc., 2008 Page 1 of 2 □ B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section Ill -Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 □ BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? ,/ yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. party debarred agency period of debarment BY CONTRACTOR: DB PIPELINE INC. (name of Contractor) By:v /,.-c:::::J. (sign here) Dominic J. Burtech Ill -President & Owner (print name/title) party debarred agency period of debarment Page _1 __ of _1_ pages of this Re Debarment form ,, •ff Revised 6/12/18 Contract No. 6608 Page 27 of 153 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contrac- tors' State license Board two or more times within an eight year period? ✓ yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? ✓ yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? ✓ yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? ✓ yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _1 _ of _1 _ pages of this Disclosure of Discipline form ,., •f' Revised 6/12/18 Contract No. 6608 Page 28 of 153 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD {CONTINUED) (To Accompany Proposal) STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 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: DB PIPELINE, INC. (name of Contractor) By:✓~ (sign here) Dominic J. Burtech Ill -President & Owner (print name/title) Page _1_ of _1_ pages of this Disclosure of Discipline form ('\ • ., Revised 6/12/18 Contract No. 6608 Page 29 of 153 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 The undersigned declares: I am the President & Owner of DB PIPELINE, INC. , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, com- pany, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partner- ship, 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 repre- sents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on January 21 ------------20 ~ at Encinitas [city], California [state]. Signature of Bidder l' •,r Revised 6/12/18 Contract No. 6608 Page 30 of 153 CONTRACT PUBLIC WORKS This agreement is made this aro+ b day of Febrv &~j , 20.aQ_, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and DB Pipeline, Inc., whose principal place of business is 102 Second St., Suite C, Encinitas, CA 92024 (hereinafter called "Contractor''). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract docu- ments for: STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontrac- tors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contrac- tor'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 compli- ance. 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 pay- ments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that ,, • ., Revised 6/12/18 Contract No. 6608 Page 31 of 153 may be done by Contractor, whether anticipated or not, in order to overcome underground condi- tions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class 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 inher- ent 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 require- ments of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligi- bility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with Cali- fornia Labor Code, section 1776, which generally requires keeping accurate payroll records, ver- ifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. l'\ • ., Revised 6/12/18 Contract No. 6608 Page 32 of 153 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. De- fense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy# 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an "occurrence" ba- sis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the l"\ •ff Revised 6/12/18 Contract No. 6608 Page 33 of 153 contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each com- pany 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 pro- vided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in cov- erage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for sub- contractors 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 endorse- ments 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. ,, •f' Revised 6/12/18 Contract No. 6608 Page 34 of 153 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is in- cluded in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by ref- erence. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the pro- visions 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 antici- pation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate igno- rance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. '.f=S) init DG init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's prin- cipal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. ,, • ., Revised 6/12/18 Contract No. 6608 Page 35 of 153 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substi- tuted 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 sub- contractor 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 pursu- ant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill l'\ • ., Revised 6/12/18 Contract No. 6608 Page 36 of 153 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: OB PIPELINE. IN::. (name of Contractor) :0minic J. Burtech Ill -President & Owner CITY OF CARLSBAD a municipal corporation of the State of Ca ·to · a By: (print name and title) ~~~'¥4~~~~::,.::::..!.~U~:!il..:..!u1 /Jtpv~ Clfj CltrJ/ By: --L-~,:::;;,.....,,-e--..,----~=-----(sign here) Dominic J. Burtech Ill -Secretarv & Treasure (print name and title) 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 £ti~ Assist nt City Attorney l' •ff Revised 6/12/18 Contract No. 6608 Page 37 of 153 l '•Ji ti ' .. 'I /i! iii! l:i! ii1=. --------___ ,, _____ , _____ _ i ·;~· ~====·=··=· ====~==·· =··=·=·=··~====~=·=··~· ~··=···~·=····=·=··oc..· ~~==~=--~· ~-·=···=··~··-"'···=··=··~==~~~=====-=~·=····=· ··=-=· ·,, i:! i!! It ~ :JI CALIFORNIA ALL--PURPOSE !.i.: 11 CERTIFICATE OF ACKNOWLEDGMENT i j ~, '..l A notary public or other officer co111pleting this certificate verifies only the identiiy of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } } personally appeared -c~~L!-!..:.l..:..Yl_:_:_J ..::c_==·~..J.....::.:.....---,r=:z.:..:::.::~~.a::::1..,:~-'-=~===:::::.._- who pro~ to me on the basis of satisfactory evidence to be the person(s) whose namees)is?fure subscribed to theG;d:· · ·nstrument and acknowledged to me that ~h~ executed the same i · his/ er/their authorized capacity(ies ), and that by ~er/their signature(s) on the ins rument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE /' d official seal. .... <I) d L (Notary Public Seal) ARTHUR P. ARQUILLA I C°""11SSION NO 2225407 0 NOTARY PUBLIC CALIFORNIA !;; SAN DIEGO COUNTY - COMMISSION EXPIRES JAN 7, 2022 f INSTRUCTIONS FOR COMPLETING THIS FORM .--------'--=::;___O_N_A_l_lN_F_O_R_M_A--,Tl ON This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE A TT ACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or clescription of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer (Title) D Partner( s) □ Attorney-in-Fact □ Trustee( s) □ Other __________ _ ' : ·~ ... :•· · .. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the aclrnowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. 0 Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. 0 Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). -o Secl!Iely Jttach this document to the signed document with a staple. ,,,-:-·· D'd PIPELINE INC. --~ ~c~r~:1~~6~1:NGINEERING RESOLUTION OF DB PIPELINE, INCORPORATED 102 Second Street, Suite C Encinitas, CA 92024 760-634-5133 RESOLVED BY THE SHAREHOLDERS OF DB Pipeline, Incorporated, a California Corporation as follows: .\ppointment of Dominic J. Burtech III as the official signatory for: • Bidding Purposes • Contract Award • Change Orders • Dispute Resolutions • Project Completion Documents • Labor and l\laterial and Performance Bonds The resolution was acloptl'd by the SHAREHOLDERS of the Corporation during the Shareholders Meeting of the Corporation held on the 2nd day of January, 2019 at 102 Second Street, Suite C:, Encinitas, CA 9202-l. CERTIFICATE OF SECRETARY ~ Dominic J. Burtech III President The undersigned hereby certifies that he is the duly elected and qualified Secretary of DB Pipeline, Incorporated, a California Corporation and that the foregoing is a true and correct record of a resolution duly adopted by the SHAREHOLDERS of the Corporation on the 2"'1 of January, 2019. Dominic; J. Burtech III Secretar~ ~ f I t CALIFORNIA All--PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer cor:npleting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulnes$, accuracy, or validity of that document. State of California l certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I 8........ ARTHUR p AR. Q ~ .... · · UILLA ~ ~ .. · COMMISSION NO. 2225407 0 c., .. . NOTARY PUBLIC.CALIFORNIA f; l SAN DIEGO COUNTY - COMMISSION ,EXPIRES JAN 7, 2022 . · j (Notary Public Seal) INSTRUCTIONS FOR COMPLETING TffiS FORM r---------:-:~:=:=z~:--=-:--:F~O=R::M:--A_T7ION This Jann complies with current California statutes regarding notary wording and, ED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or·aescription of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer (Title) □ Partner(s) □ Attorney-in-Fact □ Trustee(s) □ Other _________ _ • State and County information must be the State and County where the docUIIient signer(s) personally appeared before the notary public for aclmowiedgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the aclmowledgment is completed. • Toe notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name( s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fo!1Ils by crossing off incorrect forms (i.e. he/she/they, is /Me) or circling the correct fo!1Ils. Failure to correctly indicate this information may lead to rejection ~f document recording. • Toe notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. 0 Signature of the notary public must match the signature on file with the office of the county cleric ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •:• Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 0 Sect!Iely attach this document to the signed document with a staple. i i 1. t 1: I I r i I I LABOR AND MATERIALS BOND EXECUTED IN TRIPLICATE BOND NO. 2298716 PREMIUM INCLUDED IN PERFORMANCE BOND WHEREAS, the City of Carlsbad, State of California, has awarded to DB Pipeline, Inc., (hereinafter designated as the "Principal"), a Contract for: STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 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, DB Pipeline, Inc., as Principal, (hereinafter designated as the "Con- tractor"), and NORTH AMERICAN SPECIAL TY INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of THREE HUNDRED FIFTY THOUSAND Dollars ($350,000), 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 admin- istrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontrac- tors 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 Develop- ment 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 attor- ney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 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. {' •+;' Revised 6/12/18 Contract No. 6608 Page 38 of 153 SIGNED AND SEALED, this ___ 6_T_H __ day of ____ F_E_BR_U_A_R_Y ____ , 20_2_0_ _D_B_P_IP_E_L_IN_E_, _IN_C_. _______ (SEAL) (Principal) By:_-..-_ __,_~------ (Signature) DOMINIC J. BURTECH, Ill, PRESIDENT (Print Name & Title) NORTH AMERICAN SPECIAL TY INSURANCE COMPANY (SEAL) (Surety) By: ;fth,U-~ ~ (Signature) MARK D. IATAROLA, ATTORNEY-IN-FACT (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: pgJ Ct Assistant City Aiiornef {' • ., Revised 6/12/18 Contract No. 6608 Page 39 of 153 11 '.:·) f:! I/ii ]·ii ,·11 :.jL_ CALIFORNIA All-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulnes$, accuracy, or validity of that document. } } State of Califo!:.Q..ip County of ~-k~ Arthur P. Arquilla, Notary Public On --~-+--'----=---.;:before me, -------,,-,_....,.__,..---,--=--~-,,.---,------(Here mst.._name and title of the officer) personally appeared Y'/1 1 r; 1 L J. '.drl~Jl.7.JU:A =zz Z: who pro~ to me on the basis of satisfactory evidence to be the person(s) whose e(~re subscribed to the within instrument and acknowledged to me that he/they executed the same i~er/their authorized capacity(ies), and that by er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES9y hand and fficial seal. ~ (_/ ~ ARTHUR P. ARQUILLA f § COMMISSION NO. 2225407 o o NOTARY PUBLIC-CALIFORNIA ~ 1 SAN DIEGO COUNTY ! t.,,,.,.,~.,,,.,.,~-C~O-MM~I-SS-IO~N~EX~P~IR~E~S-JA-N,.,7~, 2~02~2~~ Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING TIDS FORM ADD!T!ONAL OP NAL ! NF ORMA TIQN This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title oraescription of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer (Title) □ Partner(s) □ Attorney-in-Fact □ Trustee(s) □ Other _________ _ • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /Me) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. o Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ,;, Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). ·0 Securely attach this document to the signed document with a staple. ·--=~~~~~===============~= CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO } On __ 2_/6_/_20_2_0 ______ before me, ___ S_A_N_D_R_A_F_IG_U_E_R_O_A_, N_O_TA_R_Y_P_U_B_L_IC ___ ~ Date Here Insert Name and Title of the Officer personally appeared ___________ M_A_R_K_D_. _IA_T_A_R_O_LA ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name{&} is/-afe-subscribed to the within instrument and acknowledged to me that hc/sl'lc,'-tl'le) executed the same in hisfl'lerft;l'lcir authorized capacityfje-5), and that by his/l'lcrft;l'lcir signature(-s) on the instrument the person(~. or the entity upon behalf of which the personfs-) acted, executed the instrument. SANDRA FIGUEROA 1 . COMM.# 2162642 } . .• SAN DIEGO COUNTY } NOTARY PUBLIC-CALIFORNIA~ MY COMMISSION EX,-IRESj• AUGUST 14, 2020 <.::=-<.><.>a::.:; -<>'40" US :q..;:LQDW Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __ cS __ ~----cL==--.-=~~--- Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: __________________________ _ Document Date: _____________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual ~ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: _________ _ ©2017 National Notary Association Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Trustee D Other: D Attorney in Fact □ Guardian of Conservator Signer is Representing: _________ _ SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIAL TY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Mis~ouri, !ind W'estport Insurance Corporation, organize_d under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, JESSICA SCHMAL AND TRACY LYNN RODRIGUEZ JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS --------------~----~··---- This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOL YEO, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ?1)/ e,····· ,> By (/+~ ...... . Steven P. Anderson, Semor Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation /~1 ii By t /,-c:;, _! Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty lnsumnce Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 19TH day of JUNE , 20 __ 19_ State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation On this 19THday of ___ JU_N_E __ , 20_1_2, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY M. Kenny. Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy ofa Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and etlect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 6TH day of FEBRUARY , 20~. Jefftey Goldberg, Vice President & Assistant Secretaf) ofWashmgton lntemat10nal Insurance Compan~ & North American Specialty Insurance Company & Vice President & Assistant Secrelat) of Westport Insurance Corporation EXECUTED IN TRIPLICATE BOND NO. 2298716 PREMIUM: $ 3,325.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to DB Pipeline, Inc., (hereinafter designated as the "Principal"), a Contract for: STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, DB Pipeline, Inc., as Principal,(hereinafter designated as the "Contractor"), and NORTH AMERICAN SPECIAL TY INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of THREE HUNDRED FIFTY THOUSAND Dollars ($350,000), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. ,, •ff Revised6/12/18 Contract No. 6608 Page 40 of 153 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this __ ...;;.6--'-'TH'-'---__ day of ___ ---'-FE=B"--'R--'-U"--'-A-'-'-R-'-'Y ____ , 20 20 _D_B_P_IP_E __ L_IN_E_, _IN_C_. _______ (SEAL) (Principal) By: _.,,, __ _,l .... L""."'.':7:::::c...____,......,,~=----=-===------ (Signature) DOMINIC J. BURTECH, Ill, PRESIDENT (Print Name & Title) NORTH AMERICAN SPECIAL TY INSURANCE COMPANY (SEAL) (Surety) By: ___.__;¼_1vv_O_-d_v~-- (Signature) MARK D. IATAROLA, ATTORNEY-IN-FACT (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: ,., •ff Revised 6/12/18 Contract No. 6608 Page 41 of 153 ',JI /!ii '.-1 !:i ,,, "' i•'11 ii, ],1! ,·!J ~/L_ 1r:-=· ·===·=-==--=--=~===-'~====·=·-=-=-== .. -"-"··=· ~=-=--=·=--=-.. ~-.. =--=-~-=-'-'-== .. =-=~= .. ·-"··=---~--=· = .. -=--====~~~-~-=-=--~-=--·=···=-~=--=-~--=-=-=-=-----'---=--=--ni I} CALIFORNIA ALL-PURPOSE /j ,j; 1 CERTIFICATE OF ACKNOWLEDGMENT •:! A notary public or other officer co(llpleting this certificate verifies only the identity i rl ~~~h;o;~~ii~~:1:~zs::ganc:~r~c:, ~re~:~~~ ~~ t~=:~o~~~Z~2ificate is attached, 1i State of California } } Arthur P. Arquilla, Nota personally appeared I J1 / <'.__ who proved to me on the asis of satisfactory evidence to be the person(s) whose a (~are subscribed to the,~ wjth+!3i · ·nstrument and acknowledged to me that ei'ttl€y executed the same inhis/17 r/their authorized capac1ty(1es), and that by er/their signature(s) on the ins rument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ' I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. fficial seal. l ···.:·'· . ARTHUR P. ARQUILLA l ~ -· COMMISSION NO 2225407 0 u . . NOTARY PUBLIC CALIFORNIA !;; ~ SAN DIEGO COUNTY -l COMMISSION EXPIRES JAN 7, 2022 l Nota (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADO ff~ONAL 9J2+KJf~ Al ! NF ORMA Tl ON This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and al/ached to the document. Aclmowledgments from other states may be completed for documents being sent to that state so Jong as the wording does not require the California notary to violate California notary Jaw. (Title oraescription of attached document) {Title or description of attached document continued) Number of Pages __ Document Date. ___ _ CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer (Title) □ Partner( s) □ Attorney-in-Fact □ Trustee(s) 0 Other _________ _ --.· . . -~ .. • ...,...,.,-. -"',"".' :-: ~•-C. ~, . ..., .. --.::,--.,~··~·: .:•.:·.:":.: • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for aclmowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the aclrnowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording, • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otheiwise complete a different acknowledgment fonn. 0 Signature of the notary public must match the signature on file with the office of the county cleric ❖ Additional information is not required but could help to ensure this aclmowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i, e. CEO, CFO, Secretary), -0 Securely attach this document to the signed document with a staple. ,, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO } On __ 2_/6_/2_0_20 ______ before me, ___ S_A_N_D_R_A_F_I_G_U_E_R_O_A_, _N_O_T_A_R_Y_P_U_B_L_IC ___ ~ Date Here Insert Name and Title of the Officer personally appeared ___________ M_A_R_K_D_. _IA_T_A_R_O_L_A ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/-efe-subscribed to the within instrument and acknowledged to me that hc/sl'leftl'le,. executed the same in hisfl'ler/-1:l'leir authorized capacityfjes), and that by his/l'lerftl'leir signature(-s) on the instrument the person(~. or the entity upon behalf of which the person(-s-) acted, executed the instrument. re SANoRA F,GUeRoA y .--. , COMM.# 2162642 } Z · • SAN DIEGO COUNTY t j .. (, NOTARY PUBLIC-CALIFOANIA.,t; ""t MY COMMISSION EXPIRES j AUGUST 14, 2020 ,.~L,& <.:,P <.:;» -<..:;> <>' <.>' <>' zc> W -01 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~a~-~=M~-~=~----r-~1------=-.,----- Signoture of~ P;blic OPTIONAL Completing this information con deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: ______________________ Numberof Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual m Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: _________ _ ©2017 National Notary Association Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: _________ _ SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIAL TY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and V,'.estport Insurance Corpor~tion, organize.cl under the laws of the State of Missouri, and having its principal office in the City of Kansas City. M1ssoun does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, JESSICA SCHMAL AND TRACY LYNN RODRIGUEZ JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of surety ship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 711,1(", /.-,, ! ·-'c_j/ By l . ~-----... Steven P. Anderson, Senior Vice President of Washmgton lnternahonal Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation ,1 LI By ~jZ/1,.c;..J/) Mike A. Ito, Senior Vice President of Washington lntemational Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 19TH day of JUNE , 20 __ 19_ State of 1llinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation On this l 9THday of __ J_U_N_E_~ 20_12, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M, KENNY M. Kenny, Notary Public 1, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and eftect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 6TH day of FEBRUARY , 20~. ( /~ Jeffrey Goldberg. Vice Pres1denl & Ass1slanl Secretal'} of Washmgton lntemat1onaJ Insurance Company & North American Spec1a1ty Insurance Company & Vice Pres1de11l & Assistant Secrelal'} of Westport Insurance Corporat10n 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 "9itY" and whose address ----------------------------is · hereinafter -----------------------------ca II e d "Contractor" and whose address is __________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as fol- lows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Con- tractor 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 STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 in the amount of ____________ dated ______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make pay- ments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into secu- rities. 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 Es- crow 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. ,, • ., Revised 6/12/18 Contract No. 6608 Page 42 of 153 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Con- tractor. 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(lhe Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and com- plete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pur- suant 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 secu- rities 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: Title FINANCE DIRECTOR Name _______________ _ 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. ,, • ., Revised 6/12/18 Contract No. 6608 Page 43 of 153 j IN WITNESS WHEREOF, the parties have executed this Agreement by their proper ¢ficers on the date first set forth above. For City: For Contractor: For Escrow Agent ,, •tr' Revised 6/12/18 Title __ __:.:;M.:.;..A"'"'Y_,O"""R....;.._ _________ _ Name _______________ _ Signature ______________ _ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 Title ---------------- Name _______________ _ Signature ______________ _ Address ______________ _ Title ---------------- Name _______________ _ Signature ______________ _ Address ______________ _ Contract No. 6608 Page 44 of 153 GENERAL PROVISIONS FOR STATE STREET DRAINAGE IMPROVEMENTS CONTRACT NO. 6608 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, in- structed, 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", "sched- uled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be un- derstood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer'', unless otherwise stated. Where the words "ap- proved", "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 ex- pense, shall perform all operations, labor, tools and equipment, and further, including the furnish- ing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. ,, • ., Revised 6/15/17 Contract No. 6608 Page 45 of 153 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 bul- letins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency -The City of Carlsbad, California. Agreement -See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder -Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract -The written agreement between the Agency and the Contractor covering the Work. Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documen- tation 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, Stand- ard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. ,, • .., Revised 6/15/17 Contract No. 6608 Page 46 of 153 Contractor -The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contrac- tor" shall mean Contractor. Contract Price -The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. County Sealer -The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier-Street light assembly complete, including foundation, standard, luminaire arm, lumi- naire, etc. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer-A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer -A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire -The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm -The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. ., \...,, Revised 6/15/17 Contract No. 6608 Page 47 of 153 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. Fur- ther, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract -Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector -The Engineer's designated representative for inspection, contract admin- istration 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, Refer- ence 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. ,, • ., Revised 6/15/17 Contract No. 6608 Page 48 of 153 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, sub- base, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement -A written amendment of the Contract Documents signed by both parties. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety-Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne -Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility -Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private ease- ment. Work -That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. 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. {' •ff Revised 6/15/17 Contract No. 6608 Page 49 of 153 1-3.2 Common Usage Abbreviation Word or Words ABAN ............................................................. Abandon CY ............................................................... Cubic yard ABAND ...................................................... Abandoned D .............................................................. Load of pipe ABS ........................ Acrylonitrile -butadiene -styrene dB .................................................................. Decibels AC ..................................................... Asphalt Concrete DBL ................................................................... Double ACP .......................................... Asbestos cement pipe DF ............................................................... Douglas fir ACWS ..................... Asphalt concrete wearing surface DIA ................................................................. Diameter ALT ................................................................ Alternate DIP ..................................................... Ductile iron pipe APTS ................................ Apartment and Apartments DL ................................................................ Dead load AMER STD ................................... American Standard DR. ..................................................... Dimension Ratio AWG ............... American Wire Gage (nonferrous wire) DT ................................................................. Drain Tile BC .................................................. Beginning of curve DWG ............................................................... Drawing BCR ....................................... Beginning of curb return DWY ............................................................. Driveway BDRY ............................................................ Boundary DWY APPR ................................... Driveway approach BF ..................................................... Bottom of footing E ...................................................................... Electric BLDG ........................................ Building and Buildings EA ........................................................................ Each BM ............................................................ Bench mark EC ............................................................ End of curve BVC ................................... Beginning of vertical curve ECR ................................................ End of curb return BM/ ........................................................... Back of wall EF ................................................................ Each face CIC ..................................................... Center to center EG .......................................................... Edge of gutter CAB ...................................... Crushed aggregate base EGL. ................................................. Energy grade line CAUOSHA ............ California Occupational Safety and El .................................................................. Elevation Health Administration ELC ..................................... Electrolier lighting conduit Ca IT rans ....... California Department of Transportation EL T ........................................................ Extra long ton CAP ................................... Corrugated aluminum pipe ENGR ....................................... Engineer, Engineering CB ............................................................. Catch Basin EP ................................................... Edge of pavement Cb ........................................................................ Curb ESMT ........................................................... Easement CBP ............................... Catch Basin Connection Pipe ETB .......................................... Emulsion-treated base CBR ....................................... California Bearing Ratio EVC .............................................. End of vertical curb CCR ............................. California Code of Regulations EWA. .............................. Encina Wastewater Authority CCTV .................................... Closed Circuit Television EXC ............................................................ Excavation CES ......................... Carlsbad Engineering Standards EXP JT ................................................. Expansion joint CF ................................................................. Curb face EXST ............................................................... Existing CF ................................................................ Cubic foot F .................................................................. Fahrenheit C&G .................................................... Curb and gutter F&C ................................................... Frame and cover CFR ................................ Code of Federal Regulations F&I .................................................. Furnish and install CFS .......................................... Cubic Feet per Second FAB ............................................................... Fabricate CIP ......................................................... Cast iron pipe FAS ............................................... Flashing arrow sign CIPP ............................................... Cast-in place pipe FD ............................................................... Floor drain CL ............................................. Clearance, center line FON ........................................................... Foundation CLF ..................................................... Chain link fence FED SPEC .................................. Federal Specification CMB ............................... Crushed miscellaneous base FG ........................................................ Finished grade CMC ......................................... Cement mortar-coated FH ............................................................. Fire hydrant CML ............................................ Cement mortar-lined FL. .................................................................. Flow line CMP ......................................... Corrugated Metal Pipe FS ...................................................... Finished surface CMWD .................... Carlsbad Municipal Water District FT-LB ......................................................... Foot-pound CO ................................................... Clean out (Sewer) FTG .................................................................. Footing COL ................................................................. Column FW ............................................................ Face of wall COMM ...................................................... Commercial G ........................................................................... G~ CONC ............................................................ Concrete GA. .................................................................... Gauge CONN ........................................................ Connection GAL. ............................................... Gallon and Gallons CONST ................................... Construct, Construction GAL V ......................................................... Galvanized COORD ...................................................... Coordinate GAR ........................................... Garage and Garages CSP ........................................... Corrugated steel pipe GIP .............................................. Galvanized iron pipe CSD ............................... Carlsbad Standard Drawings GL ......................................... Ground line or grade line CTB ............................................. Cement treated base GM .............................................................. Gas meter CV ............................................................. Check valve GNV ............................................... Ground Not Visible ,, • .., Revised 6/15/17 Contract No. 6608 Page 50 of 153 GP .................................................................. Guy pole GPM ................................................ gallons per minute GR ..................................................................... Grade GRTG .............................................................. Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib HC ................................................... House connection HOWL ........................................................... Headwall HGL ............................................. Hydraulic grade line HORIZ .......................................................... Horizontal HP ............................................................. Horsepower PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature PCVC ....................... Point of compound vertical curve PE ............................................................ Polyethylene Pl ...................................... : ........... Point of intersection PL ............................................................ Property line PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve POT ................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve HPG ................................................ High pressure gas PRVC ............................ Point of reverse vertical curve HPS ............................... High pressure sodium (Light) HYDR ............................................................ Hydraulic PSI ......................................... Pounds per square inch PT .................................................... Point of tangency IE ........................................................ Invert Elevation PVC ................................................. Polyvinyl chloride ID ......................................................... Inside diameter PVMT ........................................................... Pavement INCL. .............................................................. Including PVT RNV ....................................... Private right-of-way INSP ............................................................ Inspection Q ........................ Rate of flow in cubic feet per second INV ...................................................................... Invert QUAD ....................................... Quadrangfe, Quadrant IP ................................................................... Iron pipe R ....................................................................... Radius JC .................................................... Junction chamber R&O ......................................................... Rock and oil JCT ................................................................. Junction RNV .......................................................... Right-of-way JS ..................................................... Junction structure RA ....................................................... Recycling agent JT .......................................................................... Joint RAC ................................... Recycled asphalt concrete L ........................................................................ Length RAP ............................... Reclaimed asphalt pavement LAB ............................................................. Laboratory RBAC .............................. Rubberized asphalt concrete LAT ................................................................... Lateral RC ................................................ Reinforced concrete LB ...................................................................... Pound RCB ...................................... Reinforced concrete box LD ..................................................... Local depression RCE ...................................... Registered civil engineer LF ................................................................ Linear foot RCP ..................................... Reinforced concrete pipe LH ............................................................... Lamp hole RCV ........................................... Remote control valve LL ................................................................... Live load REF .............................................................. Reference LOL ............................................................. Layout line REINF .............................. Reinforced or reinforcement LONG ........................................................ Longitudinal RES .............................................................. Reservoir LP ............................................................... Lamp post RGE ........................ Registered geotechnical engineer LPS ................................. Low pressure sodium (Light) ROW ....................................................... Right-of-Way LS ............................................................... Lump sum RR ................................................................... Railroad L TS .................................................... Lime treated soil RSE ............................. Registered structural engineer LWD ............................... Leucadia Wastewater District RTE .................................... Registered traffic engineer MAINT ...................................................... Maintenance S ................................... Sewer or Slope, as applicable MAX .............................................................. Maximum SCCP ............................... Steel cylinder concrete pipe MGR ............................................ Middle of curb return SD .............................................................. Storm drain MEAS ............................................................. Measure SDNR .............................. San Diego Northern Railway MH ................................... Manhole, maintenance hole SOR ....... Standard thermoplastic pipe dimension ratio MIL SPEC .................................... Military specification (ratio of pipe O.D. to minimum wall thickness) MISC ..................................................... Miscellaneous SDRSD ......... San Diego Regional Standard Drawings MOD .................................................. Modified, modify SE ...................................................... Sand Equivalent MON ........................................................... Monument SEC ................................................................. Section MSL .. Mean Sea Level (Reg. Standard Drawing M-12) SF .............................................................. Square foot MTBM ......................... Microtunneling Boring Machine SFM ................................................ Sewer Force Main MUL T ............................................................... Multiple SI ...................... International System of Units (Metric) MUTCD ..... Manual on Uniform Traffic Control Devices SPEC ..................................................... Specifications .MVL ............................................... Mercury vapor light SPPWC .......................................... Standard Plans for NCTD .............................. North County Transit District Public Works Construction NRCP .............................. Non reinforced concrete pipe SSPWC ............................. Standard Specifications for OBS ............................................................... Obsolete Public Works Construction OC ............................................................... On center ST HWY ................................................. State highway OD .................................................... Outside diameter STA ................................................................... Station OE .............................................................. Outer edge STD ................................................................ Standard OHE ................................................. Overhead Electric STR .................................................................. Straight OMWD .................. Olivenhain Municipal Water District STR GR ................................................. Straight grade OPP ............................................................... Opposite STRUC ......................................... Structural/Structure ORIG ................................................................ Original SW ................................................................. Sidewalk PACP ...... Pipeline Assessment Certification Program ,, •+;' Revised 6/15/17 Contract No. 6608 Page 51 of 153 SWD ..................................................... Sidewalk drain USA ................................... Underground Service Alert SY ............................................................. Square yard VAR .................................................... Varies, Variable T .................................................................. Telephone VB ................................................................ Valve box TAN ................................................................. Tangent VC .......................................................... Vertical curve TC .............................................................. Top of curb VCP .................................................. Vitrified clay pipe TEL ............................................................. Telephone VERT ............................................................... Vertical TF .......................................................... Top of footing VOL. ................................................................. Volume TOPO ........................................................ Topography VWD ...................................... Vallecitos Water District TR ........................................................................ Tract W ....................... Water, Wider or Width, as applicable TRANS ......................................................... Transition WATCH .............. Work Area Traffic Control Handbook TS ......................... Traffic signal or transition structure WI ............................................................ Wrought iron TSC ............................................. Traffic signal conduit WM .......................................................... Water meter TSS ........................................... Traffic signal standard WPJ ........................................... Weakened plane joint TW .............................................................. Top of wall XCONN ............................................ Cross connection TYP ................................................................... Typical XSEC ..................................................... Cross section UE .............................................. Underground Electric 1-3.3 Institutions. Abbreviation Word or Words AASHTO ................. American Association of State Highway and Transportation Officials AISC .................................................................... American Institute of Steel Construction ANSI ...................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................. American Railway Engineering Association ASTM ............................................................ American Society for Testing and Materials AWPA ................................................................ American Wood Preservers Association AWS ........................................................................................ American Welding Society AWWA ...................................................................... American Water Works Association FHWA ............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute NEMA. ........................................................ National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL ..................................................................................... Underwriters' Laboratories Inc. USGS ............................................................................. United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Stand- ard 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. ,, •+; Revised 6/15/17 Contract No. 6608 Page 52 of 153 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) .................................................................................... 25.4 micrometer (µm) 1 inch (in) .............................................................................................. 25.4 millimeter (mm) 1 inch (in) .............................................................................................. 2.54 centimeter (cm) 1 foot (ft) ............................................................................................... 0.3048 meter (m) 1 yard (yd) ............................................................................................ 0.9144 meter (m) 1 mile (mi) ............................................................................................. 1.6093 kilometer (km) 1 square foot (ft2) .................................................................................. 0.0929 square meter (m2) 1 square yard (yd2) ............................................................................... 0.8361 square meter (m2) 1 cubic foot (ft3) .................................................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) .................................................................................. 0.7646 cubic meter (m3) 1 acre .................................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ................................................................................. 3.7854 Liter (L) 1 fluid ounce (fl. oz.) ............................................................................. 29.5735 millileter (ml) 1 pound mass (lb) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................ 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................ 0.9072 Tonne(= 907 kg) 1 Poise .................................................................................................. 0.1 pascal· second (Pa· s) 1 centistoke (cs) ................................................................................... 1 square millimeters per second (mm2/s) 1 pound force (lbf) ................................................................................ 4.4482 Newton (N) 1 pounds per square inch (psi) ............................................................. 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) ................................................................ 1.4594 Newton per meter (Nim) 1 foot-pound force (ft-lbf) ...................................................................... 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) .............................................. 1.3558 Watt (W) 1 part per million (ppm) ........................................................................ 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (6F}: ....................................................................... Degree Celsius (°C): °F = (1.8 x °C) + 32 .............................................................................. °C = (°F -32)/1.8 SI Units abbreviation Commonl Used in Both S stems mpere A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes ~~~t~%·)::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ 8~2 mi Iii (m) ................................................................................................. 1 o-3 micro (µ) ............................................................................................... 1 o-6 nano (n) ................................................................................................ 10-9 pico (p) .................................................................................................. 10-12 1-5 SYMBOLS L1 L % ' I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line ., f.+;' Revised 6/15/17 Contract No. 6608 Page 53 of 153 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 as- signed 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), which- ever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by. procedures established in Section 4107 .5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 411 0 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Con- tractor a penalty in an amount of not more than 1 0 percent of the subcontract involved, after a public hearing. ,, •ff Revised 6/15/17 Contract No. 6608 Page 54 of 153 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceed- in·gs under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The deter- mination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcon- tracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Con- tractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Con- tract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Proce- dure 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. ,, • ..., Revised 6/15/17 Contract No. 6608 Page 55 of 153 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifica- tions, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), and the latest supplements thereto, 2018 edition as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of one (1) set of drawings. The set is designated as City of Carls- bad Drawing #519-8 and consists of six (6) sheets. 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 Depart- ment of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. ,, • ._, Revised 6/15/17 Contract No. 6608 Page 56 of 153 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 Speci- fications and not shown on the Plans or shown on the Plans and not specified in the Specifica- tions, 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, im- mediately 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 edi- tion of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Precedence of Contract Documents, add the following: Where CAL TRANS specifica- tions are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CAL TRANS specifications shall have precedence only in reference to the materials and con- struction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for ., f.+;< Revised 6/15/17 Contract No. 6608 Page 57 of 153 Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-5.2 of the SSPWC, shall prevail over the CAL TRANS specifications in all other matters. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 15 working days for review of submittals unless other- wise specified in the Special Provisions. Each submittal shall be accompanied by a letter of trans- mittal. 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 submit- tals 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: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: ;omjnjc J Burtech Ill ~ Title: _P_re_s_id_e_n_t _&_o_w_n_e_r ______ _ t:~N-<Ory· /0 1 -~CJ~ Date: , · / _____ ......_ ________ _ Company Name: DB PIPELINE. IN: " • ., Revised 6/15/17 Contract No. §filll! Page 58 of 153 ! I r CALIFORNIA .ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. } } On ~ before me, Arthur P. Arquilla, No~ ~blic r;-.....,_ , (Here insert name and tiUe o/ttieo(cer personal! appeared / -=-2.!f)rnint<!_ J. (S&1/f-~ 71J: who pr~v to me on the basis of satisfactory evidence to be the person(s) whose name( is/ re subscribed to the w~ instrument and acknowledged to me that ~he/ ey executed the same i~er/their authorized capacity(ies ), and that by ~er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. f ~--·:· ·. ARTHUR P. ARQUILLA I § ·· . • COMMISSION NO. 2225407 o u .. . . NOTARY PUBLIC CALIFORNIA !;; l . SAN DIEGO COUNTY -~~ _90MMl~SION EXPIRES JAN 7, 202~ •• J (Notary Public Seal) INSTRUCTIONS FOR COMPLETING nns FORM ADDITIONAL NAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and al/ached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or 1lescription of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer (Title) 0 Partner( s) D Attorney-in-Fact □ Trustee(s) □ Other _________ _ • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the aclmowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they. is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ~f document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. 0 Signature of the notary public must match the signature on file with the office of the county cleric. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. .;. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). ·0 Sect!Iely 1ttach this document to the signed document with a staple. 'i ' 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A} Item Section Num-Title Subject ber 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 209-2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6 General Falsework 7 303-1. 7 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.7.3 General Temporary Bypasses 13 307-1.1 General Jacking Operations 14 307-2.1 General Tunneling Operations 15 307-2.4 Tunnel Supports Tunneling Operations 16 306-8.2.2.3 Remodeling Existing Sewer Polyethylene Liner Installation Facilities 17 308-3 Microtunneling Microtunneling Operations 18 701-17.2.2 Controller Cabinet Wirinq Diaqrams Traffic Siqnal Construction Working drawings listed above as Items 1, 5, 6, 8, 9, 10, 12, 13, 14, 15 and 17 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 assem- bled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4Supporting Information. Supporting information is information required by the Specifica- tions for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the sys- tem. 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. ,, •+' Revised 6/15/17 Contract No. 6608 Page 59 of 153 2) 3) 4) 5) 6) 7) 8) 9) List of Materials per 4-1.4. Certifications per 4-1.5. Construction Schedule per 6-1. Confined Space Entry Program per 7-10.4.4. Concrete mix designs per 201-1.1. Asphalt concrete mix designs per 203-6.1. Request for Permission of Laydown or staging area (if within City ROW) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bul- letins, specifications, diagrams, product samples, and other information necessary to de- scribe 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, manufac- tured item, or system. 2-5.4 Record Drawings. The Contractor shall provide and keep an up-to-date record set of drawings "as-built", 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, un- derground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. The official record drawing shall accurately reflect all changes and modifications to the original plan. The Contractor shall formally submit the final rec- ord drawing at the final walkthrough meeting. At the direction of the engineer, the Contractor shall correct and revise the Record Drawings to accurately reflect field conditions. Re-submittal of the Record Drawings shall be completed within ten (10) working days of the final walkthrough meeting date and shall reflect any additional punch list items. Payment for the upkeep, revision, and sub- mittal of the record drawings shall be included in the lump sum price for this bid item. 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 ma- terials, 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 pro- vided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in ,, •ff Revised 6/15/17 Contract No. 6608 Page 60 of 153 .. writing, with the Contractor that protecting an existing monument in place is impractical, the Con- tractor 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 Sur- veyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by§§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, herein- after Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data. All surveying data submittals shall conform to the require- ments of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8½" by 11") paper. The field notes, calculations and support- ing data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or docu- mentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 -8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under§§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monu- ments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. ,, •+' Revised 6/15/17 Contract No. 6608 Page 61 of 153 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal loca- tions where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of con- struction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) s urvey R equ1remen s or ons rue 10n a mg t f C t f St k" Feature Staked Stake De-Centerline or Parallel to Centerline Spac-Lateral Spac-Setting Tolerance scription@ ina©,@ ina®,@ (Within) Street Centerline SDRS M-10 ~1000', Street Intersections, Begin and end on street cen-0.02' Monument of curves, only when shown on the plans terline Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, lath -lntervisible, ~ 50' on tangents at clearing line 1' Horizontal painted line & ~ 25' on curves, Painted line -continuous on PCC &AC surfaces Slope RP+ Marker lntervisible and~ 50' Grade Breaks 0.1' Vertical & Hori- Stake &~25' zontal Fence RP+ Marker ~ 200' on tangents, ~ 50' on curves when N/A 0.1' Horizontal Stake R~ 1000' & 25' on curves when R~ 1000' ( constant off- set) Rough Grade RP+ Marker ~ 50' N/A 0.1' Vertical & Hori- Cuts or Fills ~ 10 Stake zontal m (33') Final Grade (in-RP+ Marker ~ 50' on tangents & curves when R~ 1000' ~22' 3/s" Horizontal & ¼" eludes top of: Stake, Blue-& Vertical Basement soil, top in grad-~ 25' on curves when R ~ 1000' subbase and ing area base) Asphalt Pave-RP, paint on ~ 25' or as per the intersection grid points edge of pave-3/s" Horizontal & ¼" ment Finish previous shown on the plan whichever provides the ment, paving Vertical Course course denser information pass width, crown line & grade breaks Drainage Struc-RP+ Marker intervisible & ~ 25', beginning and end, BC as appropriate 3/s" Horizontal & ¼" tures, Pipes & Stake & EC of facilities, Grade breaks, Alignment Vertical similar Facili-breaks, Junctions, Inlets & similar facilities, tiesCD, (f) Risers & similar facilities (except plumbing), Skewed cut-off lines Curb RP+ Marker ~ 25', BC & EC, at ¼6, ½6 & ¼6 on curb (constant off-3/s" Horizontal & ¼" Stake returns & at bei:iinninQ & end set) Vertical Traffic Signal CD Vertical locations shall be based on the ulti- mate elevation of curb and sidewalk Signal Poles & RP+ Marker at each pole & controller location as appropriate 3/s" Horizontal & ¼" Controller CD Stake Vertical Junction Box RP+ Marker at each junction box location as appropriate 3/s" Horizontal & ¼" CD Stake Vertical ., f.+; Revised 6/15/17 Contract No. 6608 Page 62 of 153 Feature Staked Stake De-Centerline or Parallel to Centerline Spac-Lateral Spac-Setting Tolerance scriotion@ inq©,@ inq@,@ (Within) Conduit G) RP+ Marker ~ 50' on tangents & curves when R~ 1000' as appropriate 3/a" Horizontal & when Stake & depth cannot be ~ 25' on curves when R ~ 1000' or where measured from exist- grade ~ 0.30% ing pavement ¼" Vertical Minor Structure RP+ Marker for catch basins: at centerline of box, ends as appropriate 3/a" Horizontal & ¼" G) Stake+ Line of box & wings & at each end of the local Vertical (when vertical Stake depression ® data needed) Abutment Fill RP+ Marker ~ 50' & along end slopes & conic transitions as appropriate 0.1' Vertical & Hori- Stake+ Line zontal Stake Wall G) RP+ Marker ~ 50' and at beginning & end of: each wall, as appropriate ¼" Horizontal & ¼" Stake+ Line BC & EC, layout line angle points, changes Vertical Point +Guard in footing dimensions &/or elevation & wall Stake heiQht Major Structure ® Footings, RP+ Marker 1 0' to 33' as required by the Engineer, BC & as appropriate 3/a" Horizontal & ¼" Bents, Abut-Stake+ Line EC, transition points & at beginning & end. Vertical ments & Point +Guard Elevation points on footings at bottom of WinQwalls Stake columns Superstruc-RP 1 0' to 33' sufficient to use string lines, BC & as appropriate 3/s" Horizontal & ¼" tures EC, transition points & at beginning & end. Vertical Elevation points on footings at bottom of columns Miscellaneous ® Contour Grad-RP+ Marker ~ 50' along contour 0.1' Vertical & Hori- ina G) Stake line zontal Utilities G), !J> RP+ Marker ~ 50' on tangents & curves when R~ 1000' as appropriate 3/a" Horizontal & ¼" Stake & Vertical ~ 25' on curves when R ~ 1000' or where Qrade ~ 0.30% Channels, RP+ Marker intervisible & ~ 100', BC & EC of facilities, as appropriate 0.1' Horizontal & ¼" Dikes & Ditches Stake Grade breaks, Alignment breaks, Junctions, Vertical G) Inlets & similar facilities Signs G) RP+ Marker At sign location Line point 0.1' Vertical & Hori- Stake+ Line zontal Point +Guard Stake Subsurface RP+ Marker intervisible & ~ 50', BC & EC of facilities, as appropriate 0.1' Horizontal & ¼" Drains G) Stake Grade breaks, Alignment breaks, Junctions, . Vertical Inlets & similar facilities, Risers & similar fa- cilities Overside Drains RP+ Marker longitudinal location At beginning & 0.1' Horizontal & ¼" G) Stake end Vertical Markers G) RP+ Marker for asphalt street surfacing ~ 50' on tan-At marker lo-¼" Horizontal Stake gents & curves when R~ 1000' & ~ 25' on cation(s) curves when R ~ 1000'. Railings & Bar-RP+ Marker At beginning & end and ~ 50' on tangents & at railing & 3/s" Horizontal & Verti- riers G) Stake curves when R ~ 1000' & ~ 25' on curves barrier loca-cal when R ~ 1000' tion(s) AC Dikes G) RP+ Marker At beginning & end as appropriate 0.1' Horizontal & Ver- Stake tical Box Culverts 1 0' to 33' as required by the Engineer, BC & as appropriate 3/s" Horizontal & ¼" EC, transition points & at beginning & end. Vertical Elevation ooints on footinas & at invert Pavement RP 200' on tangents, 50' on curves when at pavement ¼" Horizontal MarkersG) R ~ 1000' & 25' on curves when R ~ 1000'. marker loca- For PCC surfaced streets lane cold joints tion(s) will suffice G) Staking for feature may be omitted when adJacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature .,., •~ Revised 6/15/17 Contract No. 6608 Page 63 of 153 @ Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table @ Perpendicular to centerline. © Some features are not necessarily parallel to centerline but are referenced thereto ® Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature ® ~ means greater than, or equal to, the number following the symbol. :<,; means less than, or equal to, the number following the symbol. 0 The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(8) Type of Stake Horizontal Control Vertical Control Clearing Grading Structure Drainage, Sewer, Curb Right-of-Way Miscellaneous s urvey ta e o or 0 e or onstruct,on TABLE 2-9.2.2(8) SkCI Cdf C Description ta mg S k" Coordinated control points, control lines, control reference points, center- line, aliqnments, etc. Bench marks Limits of clearing Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Bridges, sound and retaining walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Fences, R/ W lines, easements, property monuments, etc. Sii:ins, railinqs, barriers, lighting, etc. * Flagging and marking cards, if used. Color* White/Red White/Or- ange Yellow/Black Yellow White Blue White/Ye!- low Orange 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 compen- sation for attendant survey work and no additional payment will be made. Payment for the re- placement of disturbed monuments and the filing of records of survey and/or corner records, in- cluding 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 qual- ity and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the fin- ished 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. ,, •+;' Revised 6/15/17 Contract No. 6608 Page 64 of 153 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all mat- ters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instruc- tions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; accepta- bility 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 Engi- neer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors' performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Con- tractor's staff and the staff of all subcontractors to this contract. At any time during normal busi- ness 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 relat- ing 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. Con- tractor 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 Con- tractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized rep- resentatives 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. ,, • .-, Revised 6/15/17 Contract No. 6608 Page 65 of 153 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 inter- ests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as grant- ing a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Con- tractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are in- volved, 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 con- formance 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 cov- ered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 per- cent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. l' •,;' Revised 6/15/17 Contract No. 6608 Page 66 of 153 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work cov- ered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contrac- tor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise spec- ified 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 notifi- cation in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. ,, • .., Revised 6/15/17 Contract No. 6608 Page 67 of 153 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers com- pensation 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 equip- ment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Sec- tion 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" pub- lished 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 inci- dentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Con- tractor 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 rec- ommended by the manufacturer. {'\ •+;' Revised 6/15/17 Contract No. 6608 Page 68 of 153 The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work and be of a type not ordinarily available from the Con- tractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Sub- contractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcon- tracted 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 doc- uments to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. (' ti Revised 6/15/17 Contract No. 6608 Page 69 of 153 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 fol- lowing Work site conditions (hereinafter called changed conditions), in writing, upon their discov- ery 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 per- formed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect perfor- mance 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 hap- pening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the par- ticular circumstances giving rise to the potential claim, the reasons for which the Contractor be- lieves 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 condi- tions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. ,, •,;' Revised 6/15/17 Contract No. 6608 Page 70 of 153 '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 under- stands and agrees that this potential claim, unless resolved, must be restated as a claim in re- sponse to the City's proposed final estimate in order for it to be further considered." By: Dominic J. Burtech 11( L, ---=-====? Title: President & Owner Date: _.,1.Fi_e_b_,_"--L,(._£--,-.___,;t,..___t_D ........ 1 _~ __ ,t:2.-t __ ) __ Company Name: DB PIPELINE. INC The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim sub- sequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 1 0 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or re- quest that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a reso- lution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. l' • ., Revised 6/15/17 Contract No. 6608 Page 71 of 153 f: I r I i i 1· I l I !1 !'!I ··-·--·-__ --.,...--------------/ :·"",· ~====~~-=--==~~~=======~~~--=~~"---'~~-=--~-~-=---=-~~~~="---'~='-'~~--~-----···=·---=--=·=··=--=···=···-=··~=i!! /(l I:! I j/ CALIFORNIA All-PURPOSE :J :,,I_J CERTIFICATE OF ACKNOWLEDGMENT I J A notary public or other officer completing this certificate verifies only the identity I l! :_J. of the individual who signed the document to which this certificate is attached, 1 __ -, __ . 1 - ~ and not the truthfulness, accuracy, or validity of that document. State of Calif Pffiij3 } } Arthur P. Arquilla, Notary PubJic (H insert name and title of the officer) personally appeared 1 'Jl-e,fi ~ who proved to me on the basis of satisfactory evidence to be the person(s) whose ~e(~re subscribed to the within instrument and acknowledged to me that e/they executed the same i~er/their authorized capacity(ies ), and that by er/their signature(s) on the i~ment the person(s), or the entity upon behalf of h the person(s) acted, executed the instrument. ' I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 18 ...... ARTHU . WITN9o/y hand ~cial seal. ~--/~~ i'ii , .... •· RP. AROUILLA f d ·:. NOTA~°¢"4ISSION NO 2225407 ~ PUBLIC CALIFORN/ p ~---~""""'"""'""'-.;_CO:;::M~M::'./S~~'.~ °J_GO COUNTY A ~ PIRES JAN 7, 2022 f Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING TffiS FORM AO D ff~ ON AL Qp.:i:u:wn L INFO RMA Tl ON This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE A TT ACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary Jaw. (Title or·11escription of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer (Title) D Partner( s) □ Attorney-in-Fact □ Trustee(s) □ Other _________ _ ,--. --. -•.::::· .' ..,,1.:;,:;::~•:;.:: -'~· ~ :: ~ .--·.., -.--.·,; - • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the aclmowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name( s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. 0 Signarure of the notary public must match the signature on file with the office of the couniy cleric. ❖ Additional information is not required but could help to ensure this aclmowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 0 Secl!!e!y attach this document to the signed document with a staple. -----=·===~================ All claims by the -Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Sec- tion 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State Univer- sity, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, polit- ical subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that de- partment. (iv) The Department of Corrections and Rehabilitation with respect to any project under its juris- diction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and ,, •+;" Revised 6/15/17 Contract No. 6608 Page 72 of 153 what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the gov- erning body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dis- pute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for set- tlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral t.hird party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under pri- vate arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. ,, • .-, Revised 6/15/17 Contract No. 6608 Page 73 of 153 (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may re- quest in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be pre- sented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its con- tractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the ,, •ff Revised 6/15/17 Contract No. 6608 Page 74 of 153 local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifica- tions for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (com- mencing 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 sub- ject to this article: ,, •+' Revised 6/15/17 Contract No. 6608 Page 75 of 153 (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 re- quirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Proce- dure, 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 ap- pointed 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 differ- ent division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undis- puted except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. ,, •ff Revised 6/15/17 Contract No. 6608 Page 76 of 153 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 gener- ally 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 con- sidered 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 di- rected by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable no- tice, 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 Spec- ifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Con- tractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be neces- sary 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 fabrica- tion, 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 accepta- ble 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 in- spection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety ,, •+;' Revised 6/15/17 Contract No. 6608 Page 77 of 153 regulations as may apply. Contractor shall furnish Engineer with such information as may be nec- essary 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 pur- chase materials, fabricated products, or equipment from sources located more than 50 miles out- side 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 equip- ment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its ex- pense, shall deliver the materials for testing to the place and at the time designated by the Engi- neer. 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 require- ments 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 im- proper 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. ,, •+;' Revised 6/15/17 Contract No. 6608 Page 78 of 153 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 nec- essary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifica- tions 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 mate- rial, 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 durabil- ity, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its in- tended 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, ap- pearance, 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 propor- tioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. ,, • ., Revised 6/15/17 Contract No. 6608 Page 79 of 153 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 Regula- tions pertaining to weighing devices. A certificate of compliance shall be presented, prior to oper- ation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other oper- ating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pres- sure 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. Cal- ibration 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 Mod- ified 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 de- fined 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 inves- tigation 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 in- formation 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 co- operative investigation concluded. Whenever the cooperative investigation is unable to reach res- olution, the investigation may then either conclude without resolution or continue by written noti- fication of one party to the other requesting the implementation of a resolution process by com- mittee. 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 acknowledge- ment, 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 Con- tractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the coop- erative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may ,, •+;' Revised 6/15/17 Contract No. 6608 Page 80 of 153 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 inves- tigation 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 pertain- ing to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engi- neer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. ,, •+' Revised 6/15/17 Contract No. 6608 Page 81 of 153 SECTION 5 -UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known rec- ords, 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 utili- ties indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, tele- phone, or cable television are shown on the Plans, the Contractor shall assume that every prop- erty 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 (Under- ground 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 con- nections, 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 compen- sation 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 sup- port of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. ,, •+' Revised 6/15/17 Contract No. 6608 Page 82 of 153 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 pro- tection 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 proce- dures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering por- tions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements be- fore 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 man- hole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2009 Edition, and latest editions and supplements thereto. Utilities which are relocated in order to avoid interference shall be protected in their posi- tion and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and prop- erty 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 in- terfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. ,, •,; Revised 6/15/17 Contract No. 6608 Page 83 of 153 Such temporary omission shall be for the Contractor's convenience and no additional compensa- tion will be allowed therefore or for additional work, materials or delay associated with the tempo- rary omission. The portion thus omitted shall be constructed by the Contractor immediately fol- lowing the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time avail- able for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Sec- tion 5-1. , The Contractor may be given an extension of time for unforeseen delays attributable to unrea- sonably 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 iden- tified 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 altera- tions not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. The Contractor shall 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. The Contractor shall notify the appropriate utility company a minimum of 48 hours in advance of excavating an undercrossing, overcrossing, or parallel installations where utility may be exposed. ,, •;;' Revised 6/15/17 Contract No. 6608 Page 84 of 153 SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as other- wise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) 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 man- agement personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the precon- struction meeting. 6-1.2 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 Base- line Construction Schedule shall include each item and element identified in this section and shall be on hard {paper) copy and electronic media. 6-1.2.1 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 schedule shall include, but is not limited to, submittal dates for working drawings and shop drawings, supporting information, critical path milestones, start and end dates for each bid item and the critical path to project com- pletion, the bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.2 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 Contrac- tor complies with the requirements of these supplemental provisions shall be a condition prece- dent 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 Engi- neer. 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 pro- visions within ten (10) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included as working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construc- tion Schedule within ten (10) working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.2.1 through 6-1.2.2.3. 6-1.2.2.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. ,, • ., Revised 6/15/17 Contract No. 6608 Page 85 of 153 6-1.2.2.2 "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 submitting any additional submittals to the City. 6-1.2.2.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the correc- tions and changes. 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 consid- ered 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 herein before and marked "Accepted" by the Engineer. 6-1.2.3 Maintenance of Construction Schedule. The Contractor's schedule shall be updated on a weekly basis and presented at progress meetings per Section 6-2.3. The updated schedule shall display start/early finish dates for critical milestones, percent completed for each work item, lag time, delays, and the number of working days exhausted at the time of progress meeting. 6-1.2.4 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to mobilization and no sep- arate 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 defined by the requirements in this section, the Contractor shall diligently prosecute the Work to comple- tion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Con- tractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said pur- poses, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. 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. This project is located within the Carlsbad Village and regularly scheduled events are held near and within the project site. The site shall be completely cleared of construction equipment and materials and readied for public use, per Section 6-2.3.3, prior to the events listed below: Carlsbad Marathon Tri-City Medical Center January 19, 2020 Carlsbad 5000 Competitor Magazine March 21-22, 2020 ,, •~ Revised 6/15/17 Contract No. 6608 Page 86 of 153 Spring Shop Hop Carlsbad Village Association April 18 and 25, 1 0AM-SPM 2020 Carlsbad Village Street Faire Kennedy and Associates May 3, 2020 8AM -5PM Art in The Village Carlsbad Village Association June 28, 9AM-5PM State Street Farmers' Market* Carlsbad Village Association Every Wednesday on State Street between Grand Avenue and Carlsbad Village Drive Street Closed from 1-8PM *This event will be temporary relocated during the duration of the project except for preconstruc- tion activities (survey, mark out, potholing, etc.), punch list items and final striping. These work items shall be scheduled by the contractor to avoid conflict with this event. The Contractor shall incorporate the dates of the events specified in this section into the Con- struction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustments of contract time of completion will be allowed as a consequence of these events. 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. 6-2.2 Project Meetings. The Engineer will establish the time and location of weekly Project Meet- ings. The Contractor's Representative shall attend each Project Meeting. The Project Representa- tive 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. 6-2.3 Project Sequencing. Specific sequencing constraints include the following: 6-2.3.1 Confined Work Area. The work area shall be limited to the area of improvement that can be completely constructed prior to the weekend. All improvements being initiated within the work area shall be fully constructed and ready for public use by 4:00 PM every Friday throughout the duration of the project. This includes all trenches resurfaced and concrete curb, gutter and side- walks completely cured for public use. 6-2.3.1.a Confined Work Area During Work Hours. During working hours, as defined by Section 6-7, the Contractor may close one travel lane on State Street. The entire lane and adjacent park- ing spaces shall be closed to vehicle traffic throughout the State Street segment from Carlsbad Village Drive to Grand Avenue. All sidewalks shall have a minimal unobstructed width of 6 feet reserved for pedestrian travel during work hours, unless otherwise approved by the engineer. Security fencing with privacy screening shall be placed between the active work area and pedes- trian walkway. ,, •ff Revised 6/15/17 Contract No. 6608 Page 87 of 153 6-2.3.1.b Enclosed Work Area Outside of Work Hours. Outside of working hours, State Street shall be opened to both directions of vehicle travel with adjacent parking spaces opened for use. During the workweek, the Contractor shall completely enclose the portion of working area not ready for public use with chain link security fencing and privacy screening. The adjacent sidewalk immediately adjacent to the enclosed area shall have a minimum unobstructed width of 6 feet for pedestrian access, unless otherwise approved by the engineer. All equipment and materials left on site outside of working hours shall be stored within the enclosed fenced area. The fencing may extend out into the street section but shall be set a minimum two feet back from the drive lane. Prior to the weekend, the Contractor shall make all improvements within the work area available for public use and demobilize from the site per Sec- tion 6-2.3.3. 6-2.3.2 Final Surface Paving. Pavement milling, paving and the first coat of paint shall be com- pleted within a single working day occurring within the night time work hours of 1 0:00PM to 6:00 AM on a night between Sunday and Thursday Morning. The entire segment of State Street from Grand Avenue to Carlsbad Village Drive shall be closed to traffic and pedestrians during the work- ing hours of Final Surface Paving. 6-2.3.3 Weekly Mobilization and Demobilization. The Contractor shall mobilize and demobilize to and from the site each work week. The Contractor shall fully construct the improvements within the work area and completely demobilize from the site prior to 4:00 PM every Friday. All materials and equipment including, but not limited to, the security fencing and screening, trench plates, storm water BMPs and traffic control shall be removed from the site. All work initiated during the work week shall be fully constructed in place, completely installed, and ready for public use. All trenches are to be resurfaced with concrete curb, gutter and sidewalks completely cured. All parking stalls within the project area shall be reopened. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engi- neer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of ar- chaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. ,, •+' Revised 6/15/17 Contract No. 6608 Page 88 of 153 The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the prem- ises. 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 Con- tractor 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 dis- cretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contrac- tor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. {". •ff Revised 6/15/17 Contract No. 6608 Page 89 of 153 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 Con- tractor will not be entitled to damages or additional payment due to such delays, except as pro- vided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classi- fication 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 reason- able means. Should the Contractor fail to provide the notice(s) required by this section the Con- tractor 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 Con- tract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within forty-five (45) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. 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 associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, ,, • .-, Revised 6/15/17 Contract No. 6608 Page 90 of 153 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 6:00 A.M. and 4:00 P.M. on Monday through Friday, excluding Agency holidays, the special event dates provided in Section 6.2 and final pavement surfacing as defined in Section 6- 2.3.2. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each work- ing 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 indi- cate 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 com- pleted and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or perma- nent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engi- neer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand ,, •+; Revised 6/15/17 Contract No. 6608 Page 91 of 153 five hundred dollars ($1,500.00). Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that one thou- sand five hundred dollars ($1,500.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the im- provement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any com- pleted facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. ,, •ff Revised 6/15/17 Contract No. 6608 Page 92 of 153 SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with ap- plicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agree- ment 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 respon- sibility 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 re- maining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to un- dertake 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." l' •ff Revised 6/15/17 Contract No. 6608 Page 93 of 153 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' Com- pensation 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 Contrac- tor 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 compen- sation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all per- mits 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. 7-6 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 pres- ence to take measures necessary to protect the Work, persons, or property. Any order or com- munication given to this representative shall be deemed delivered to the Contractor. A joint ven- ture 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. ,, •+' Revised 6/15/17 Contract No. 6608 Page 94 of 153 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 dam- ages 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 compa- nies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incom- plete. 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 imme- diately 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 Con- tractor 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 dis- cretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust ,, .... Revised 6/15/17 Contract No. 6608 Page 95 of 153 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 Con- tract 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 em- ployees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sew- age shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number R9-2013-0001, Construction General Permit and amendments thereto, Waste Dis- charge 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. A Tier 2 Storm Water Pollution Prevention Plan (SWPPP) is provided to the Contractor, in Ap- pendix C, for use in preparing the Project SWPPP for approval by the City. The Contractor shall be responsible for the preparation and implementation of the SWPPP and coordination with the ,, • ., Revised 6/15/17 Contract No. 6608 Page 96 of 153 City and the Regional Water Quality Control Board. All costs for preparing and implementing the Storm Water Pollution Prevention and Monitoring Plans and coordination with the City and the Regional Water Quality Control Board shall be included in the contract lump sum price bid. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installa- tions, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relo- cated shall be done in conformance with 701. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconven- ience. The access rights of the public shall be considered at all times. Unless otherwise author- ized, 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. Ac- cess to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. ,, • .., Revised 6/15/17 Contract No. 6608 Page 97 of 153 Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian cross- ings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is com- pleted, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal com- pany, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved park- ing within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects ve- hicular 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 af- fected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief descrip- tion 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 du- rability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An exam- ple 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 ('\ •,;' Revised 6/15/17 Contract No. 6608 Page 98 of 153 the contractor to meet the posted date requires re-posting the no parking signs 72 hours in ad- vance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional com- pensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials and equipment shall be stored within an area enclosed with security fencing with privacy screening outside of work hours during the work week, as defined in Section 6-2. All materials and equip- ment shall be completely removed from the site prior to 4 PM on Friday. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watch persons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Con- tractor shall furnish and install signs and warning devices and promptly remove them upon com- pletion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer ................................................................................ . 2) Carlsbad Fire Department Dispatch .............................................. . 3) Carlsbad Police Department Dispatch ........................................... . 4) Carlsbad Traffic Signals Maintenance (extension 2937) ................ . 5) Carlsbad Traffic Signals Operations .............................................. . 6) North County Transit District ......................................................... . 7) Waste Management ...................................................................... . 760-602-2720 760-931-2197 760-931-2197 760-438-2980 760-602-2752 760-967-2828 760-929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. ,, •+;' Revised 6/15/17 Contract No. 6608 Page 99 of 153 Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (latest version) and these provisions. If any component in the traffic control sys- tem is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and con- trol 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 mark- ing 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 Con- tractor. Warning and advisory signs, lights and devices shall be promptly removed by the Con- tractor 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 re- moved from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the trav- eled 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 CAL TRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, in- cluding 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 equip- ment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 2 feet, nor operate equipment within 5 feet from any traffic lane occupied by traffic. For equipment, the 1 0' shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and ,, •ff Revised 6/15/17 Contract No. 6608 Page 100 of 153 location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (latest version) 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 nec- essary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the Cal- ifornia Manual on Uniform Traffic Control Devices (latest version) published by CAL TRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pave- ment delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pave- ment 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 mate- rial. 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 tem- porary 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 ,, •+; Revised 6/15/17 Contract No. 6608 Page 101 of 153 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 15-day re- view 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 sub- mittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supple- ments and/or new design of TCP shall meet the requirements of the (latest version) published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be pre- pared 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, sup- plements, and/or new designs to TCP. The Engineer may approve any such modifications, sup- plements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifica- tions, supplements, and/or new designs to the TCP prepared by the registered professional engi- neer retained by the Contractor will be beneficial to the best interests of the Agency. Such modi- fication, 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 En- gineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3. 7 Payment. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 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 Con- tractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. ,, •+' Revised 6/15/17 Contract No. 6608 Page 102 of 153 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 pro- vided 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 Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Ma- terial Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe condi- tions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, admin- istering 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 con- tain 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 per- sonnel, 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 ,, •+f Revised 6/15/17 Contract No. 6608 Page 103 of 153 shall implement a permit space program prior to performing any work in a permit-required con- fined 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 person- nel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringe- ment of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and Na- tional laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the par- ties." ,, •+; Revised 6/15/17 Contract No. 6608 Page 104 of 153 SECTION 8 -FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Field facilities for Agency personnel are not required. ,, •ff Revised 6/15/17 Contract No. 6608 Page 105 of 153 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 meas- urements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sec- tions 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 dupli- cate 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. Stand- ard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accord- ance 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 {'. • ._, Revised 6/15/17 Contract No. 6608 Page 106 of 153 has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precau- tions which are the Contractor's responsibility have not been taken and are not reasonably ex- pected 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 owner- ship shall remain with the Contractor who shall be obligated to store any fully or partially com- pleted 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 re- cordation 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 appli- cable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as pre- scribed 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 ,, •f' Revised 6/15/17 Contract No. 6608 Page 107 of 153 the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engi- neer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If pay- ment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from re- maining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liqui- dated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substi- tute 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 corre- sponding 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 Esti- mate. 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 adjust- ments 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 ,, •ff Revised 6/15/17 Contract No. 6608 Page 108 of 153 time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure ,o 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 state- ment required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Condi- tions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Re- port, or 6-7 .3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or con- tentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization shall not exceed TEN PERCENT (10%) of the total bid and includes full compensation for furnish- ing 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 inci- dental 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 per- formed 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. Mobilization shall include but not be limited to the following items: 1. Obtaining and paying for all required Bonds, Insurance Policies (including premiums and incidentals}, and Permits. ,, •+;' Revised 6/15/17 Contract No. 6608 Page 109 of 153 2. Submittal of required materials, shop drawings, construction schedule(s), and 3-week look ahead schedules. 3. Establishment of all offices, buildings, construction yards, security fencing, privacy screen- ing, sanitary facilities, and any other facilities necessary for work at all project sites. 4. Posting all OSHA required notices and establishment of safety programs. 5. The movement of personnel, materials, equipment, supplies, and incidentals to and from the project site each work week in accordance with Section 6. 6. Developing and installing construction water supply. 7. Notification of residents and businesses. 8. Utility Coordination and mark out. 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. No additional compensation will be allowed for additional mobilizations required, including but not limited to delays caused by the relocation of existing utility facilities shown on the Plans or dis- covered during construction operations. The deletion of work or the addition of extra work as provided for herein shall be reflected in Contract Change Orders and shall not affect the price paid for "Mobilization." 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 sys- tems, 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 ex- pense. Bid Item No. 1: Mobilization (Lump Sum) The Contractor shall mobilize per Section 9-3.4.1. Bid Item No. 2: Clearing and Grubbing (Site Demolition) (Lump Sum) The Contractor is to perform Clearing and Grubbing per Section 300-1 and shall consist of the protection of all items to remain, saw-cutting (not related to cold milling or dig-outs), demolition, removals per Section 401 and disposal of all existing improvements scheduled for removal, sal- vaging existing materials and improvements as specified or shown on the Plans, removal of del- eterious materials, and proper disposal from the Project site of all existing surface and subsurface materials as required to construct the improvements shown on the Plans and as described in the Specifications. This includes any objectionable materials which interfere with the Work whether or not specifically indicated on the Plans or otherwise shown to be protected or relocated. All removed materials not indicated for salvage, re-use or re-cycle shall become the property of the ,, • ._, Revised 6/15/17 Contract No. 6608 Page 11 O of 153 Contractor and shall be disposed of offsite at a legal site or recycling facility. Payment for this item shall be made at the contract lump sum price and shall include full compensation for salvaging and removal and disposal as specified herein and no additional compensation will be allowed therefore. Bid Item No. 3: Traffic Control Plan Preparation, Implementation and Maintenance (Lump Sum) This work shall include, but not be limited to, preparation and submittal of traffic control plans to the City for any vehicular, bicycle or pedestrian closures or delineation and show the location of temporary traffic control devises, lighted barricades, flashing arrow boards and changeable mes- sage signs, signing for detours, traffic channelization, "No Parking" signs, public notifications and public safety. The traffic control plans shall be sealed by a registered Traffic Engineer or Civil Engineer in the State of California. This item includes full compensation for preparation, submittal, implementation and maintenance of the plans to accomplish the work for the duration of the pro- ject, as specified herein and no additional compensation shall be allowed. All temporary traffic control devices shall be installed at the start of each work day and either covered or removed at the end of each work day. The Bid Item No. 4: Utility Potholing and Locating (Each) The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for performing exploratory excavation at utility connections and crossings prior to construction. This includes, but is not limited to, excavating, utility locating and logging, backfilling and pavement restoration per CSD GS-29, traffic control, permitting and sub- mitting a report of the located utility depths prior to trenching per Section 5-1. Bid Item No. 5: Tier 2 SWPPP Preparation, Implementation and Maintenance (Lump Sum) Contractor is to submit for approval, implement and maintain a Tier 2 SWPPP per Sections 7-8 and 300-12. Work shall consist of implementation of the Storm Water Pollution Prevention Plan (SWPPP) for the project and the weekly installation, maintenance and removal of all Best Man- agement Practices (BMPs) specified in the SWPPP throughout the construction period. These requirements shall also apply to any offsite storage yards or construction laydown areas utilized for this project. Payment for this item shall be made at the contract lump sum price and shall include full compen- sation for installation and maintenance of any and all storm water BMPs, along with any inciden- tals to accomplish all the work, for the duration of the project, as specified herein and no additional compensation will be allowed therefore. Bid Item No. 6: Trench Sheeting, Bracing and Shoring (Lump Sum) The contractor shall furnish and install sheeting, bracing and shoring as necessary to install the storm drain pipeline and associated structures in compliance with CALOSHA and Section 306. Bid Item No. 7: Trench Dewatering (Stipulated Lump Sum) The Contractor shall remove and maintain the project site free of groundwater in accordance with Section 7-8.6.4 and 306-5. Item shall include, but not be limited to, full compensation for all labor, equipment, and material required to protect work, and to remove and dispose of both surface and subsurface waters as necessary to complete the Work. Dewatering shall include the preparation of a dewatering plan, submittal processing, implementation of dewatering measures, associated and appurtenant work in accordance with the Standard Specifications, the Special Provisions and as directed by the Engineer. Should the dewatering plan include plans to discharge into the City's sewer system, the dewatering plan shall include procurement of a Special Use Discharge Permit, ,, •f' Revised 6/15/17 Contract No. 6608 Page 111 of 153 proof of general liability insurance, payment of associated fees, water quality testing, handling, treatment associated, and appurtenant work. Dewatering may be necessary at locations where deep excavation is required, such as storm drain piping and inlets. Compensation for services will be paid by time and materials as defined by Section 3-3 Extra Work. Bid Item No. 8: Record Drawings (Lump Sum) The contractor shall maintain and submit for approval a record set of drawings per Section 2-5.4. The contract price paid for this bid item shall constitute full compensation to keep and maintain, on the job site, a clean, accurate, full-size and legible print set of Project plans that indicate all changes in work, modifications and existing conditions that are different from what is shown on the Plans. The Contractor shall record the location and elevations of all subsurface improvements in the City of Carlsbad. All redlines shall be up to date and available for review at the weekly construction meeting. Bid Item No. 9: Connect Storm Drain to Existing Storm Drain Inlet (Lump Sum) The lump sum price paid for this item shall constitute full compensation to connect the proposed PVC storm drain pipeline to the existing Curb Inlet Type B structure at Station 14+44 per Carlsbad Standard Drawing DS-9. This includes, but is not limited to, protecting the decorative pavers on and adjacent to the structure, breaking into the existing structure, constructing the connection window for the 10-inch diameter PVC pipe, pipe connection and furnishing and installing rein- forced concrete per the rebar schedule of Carlsbad Standard Drawing DS-9. Bid Item No. 10: Install 10-inch Diameter PVC SDR 35 Pipeline (Linear Foot) The 10-inch water tight PVC pipe (SDR 35) shall be installed in accordance with the plan, Section 306 of the specifications and City of Carlsbad Standard Drawing S-5. This item includes, but is not limited to, the 45-degree elbow section specified on the plan. The contract price per lineal foot as shown in the Bid Schedule shall include compensation for furnishing all labor, materials, tools and equipment to accomplish the work as specified herein and no additional compensation will be allowed. Bid Item No. 11: Irrigation Line Reconnection (Each) This item constitutes full payment for the isolation of the irrigation valve located on plan, removal and disposal of each existing ¾" pvc irrigation pipeline section conflicting with the proposed catch basins, the collection and disposal of water stored within the existing irrigation line, installation of a new ¾" pvc irrigation pipeline segment around each catch basin structure per Part 8 of the specifications and the restoration of service in kind. Bid Item No. 12: Install 18-inch X 18-inch Precast Catch Basin with Traffic Rated Grate (Each) The contract unit price paid for this bid item shall constitute full compensation to furnish and install the 18-inch x 18-inch Precast catch basin with a pedestrian and H-20 rated grate and connection to the proposed storm drain pipeline per Appendix H (or approved equal), the plans, contract and specifications. Payment for Precast Catch Basin shall be made at the contract unit price for each installation complete and in accordance with the Contract Documents and as directed by the Engineer. The contract price for work under this item shall include but is not limited to furnishing all labor, mate- rial, tools, and equipment and performing all work required for the Catch Basin. This includes, but is not limited to, pipe connections, earthwork, bracing, sub grade preparation, bedding, backfilling, {'\ •+;' Revised 6/15/17 Contract No. 6608 Page 112 of 153 compaction, furnishing and installing precast structures, frames and covers, adjusting to final sur- face elevation and all other work necessary to acquire and install the 18"x18" Precast Catch Basin with stainless steel pedestrian and traffic rated grate and no additional compensation will be al- lowed therefore. Bid Item No. 13: Trench Resurfacing (Linear Foot) The contract unit price paid for this bid item shall constitute full compensation to furnish all labor, material, tools, and equipment and performing all work required to resurface all storm drain trenches per details shown on the plan and in accordance with the specifications and contract. Bid Item No. 14: Curb Outlet per SDRSD D-25A (Lump Sum) The contract unit price paid for this bid item shall constitute full compensation to construct the curb outlet where shown on the plan and in accordance with San Diego Regional Standard Draw- ing D-25A, the specifications and contract. Bid Item No. 15: Sidewalk Underdrain Replacement per SDRSD D-27 (Lump Sum) The contract unit price paid for this bid item shall constitute full compensation to construct a 6" PVC sidewalk underdrain pipe where shown on the plan and in accordance with San Diego Re- gional Standard Drawing D-27, the specifications and contract. Bid Item No. 16: Sidewalk Replacement per SDRSD G-7 (Square Feet) The contract unit price paid for this bid item shall constitute full compensation to replace PCC sidewalk per San Diego Regional Standard Drawing G-7 and in accordance with plans, the spec- ifications and contract documents. Bid Item No. 17: Install Truncated Domes on Existing Pedestrian Ramp (Each) The truncated domes shall be furnished and installed on the existing pedestrian ramps where shown on the plan and per SDRSD G-28, G-30 and G-32. Bid Item No. 18: Modified Curb & Gutter per SDRSD G-2 (Linear Foot) The contract unit price paid for this bid item shall constitute full compensation to construct the modified SDRSD G-2 curb and gutter section in accordance with the drawings, specifications and contract documents. This includes, but is not limited to, furnishing all equipment, materials and labor to construct the Proposed Curb and Gutter Section detail provided on sheet 2 of the plan, the curb and gutter section through ADA ramp sections per SDRSD G-28 and the curb section located behind the proposed catch basins per the Catch Basin Typical Installation detail provided on Sheet 2 of the plan. Bid Item No.19: Post Construction CCTV and Delivery of PACP Inspection File (Lump Sum) Upon installation, all storm drain pipelines installed in part of the contract are to receive Closed Circuit Television (CCTV) inspection in accordance with the Pipeline Assessment Certification Program (PACP), Section 500-3.4 and submitted to the city for approval within a PACP transfer- able file. Bid Item No. 20: Asphalt Cold Mill Grind (Square Feet) Cold Milling, also known as "Grind" on the plan set, shall consist of the removal of existing asphalt concrete pavement to a depth between 2" to 2.5" as shown on the plans and in accordance with the specifications and contract documents. All work involving this item shall be sequenced per Section 6-2. Payment for this item shall be included in the contract unit price per square foot and shall include full compensation for cold milling, cold milling that requires multiple passes or special equipment set-up, removal and disposing of all milled material, sweeping and for furnishing all ,, •ff Revised 6/15/17 Contract No. 6608 Page 113 of 153 labor, materials, equipment and incidentals to accomplish the work as specified herein and no additional compensation shall be allowed therefore. Bid Item No. 21: C2 PG 64-10 Asphalt Paving (Ton) The contract unit price paid per ton for C2 PG 64-10 hot mix asphalt shall include full compensa- tion for furnishing all labor, tools, materials, and equipment necessary for surface preparation, applying tack coat, and furnishing, placing, and compacting asphalt concrete pavement to the thickness shown on the plans and in accordance with the contract and specifications. Compensation for in-kind reinstallation of removed and salvaged street auxiliary facilities in part of Clearing and Grubbing item, including but not limited to, curb stops, bike racks, temporary protective bollards, and sign posts, shall be incidental to this item. CCTV inspection of all pipelines must be approved by the engineer at least two days prior to the final surface paving. All work involving this item shall be sequenced per Section 6-2. Bid Item No. 22: Replace Loop Detectors (Each) The contract unit price paid for this bid item shall constitute full compensation to furnish, install and restore service in-kind for each loop detector removed by construction in accordance with the plan and Appendix D Traffic Signal and Street Lighting Notes. Bid Item No. 23: Reconstruct Crosswalk Tile Pavers with 8" Concrete Encasement and Header Walls (Square Feet) The Contractor shall reconstruct the portion of crosswalk tile pavers removed in part of the curb and gutter and storm drain installation as indicated on the plans and in accordance with Appendix G of the contract documents. Payment for the work shall be at the contract unit price per square foot and shall include full compensation for all labor, tools, equipment and furnishing and installing all new materials per the specifications and details provided in Appendix G. Bid Item No. 24: Walkway Pressure Wash Cleaning (Lump Sum) The contract lump sum price paid for this bid item shall constitute full compensation for performing commercial quality pressure washing to all curbs, gutters, sidewalks, decorative tiles, cross walks, bricks and non-asphalt surfaces within the extents shown on Sheet 6 of the plan. Thorough clean- ing of surfaces shall be applied to achieve total removal of dust, oil, chewing gum, liquid and soft drink stains, grounded in dirt, plant material stains, algae, mold, debris, pet waste staining and other similar items. Cleaning shall occur after all ground disturbing activities, including paving, and prior to the final application of paint. Contractor shall incorporate applicable BMPs to capture and legally dispose of all cleaning compounds, liquids and runoff to prevent discharge into storm drain system. Bid Item No. 25: Road Striping, Pavement Markings and Legends Restoration (Lump Sum) The contract lump sum price paid for this bid item shall constitute full compensation to furnish and install signing, striping, paint, thermoplastic lines, legends and symbols and raised pavement markers where shown on the plan and in accordance with the specifications and contract docu- ments. All work involving the initial coat of paint shall be sequenced per Section 6-2. ,, •+;' Revised 6/15/17 Contract No. 6608 Page 114 of 153 SUPPLEMENTAL PROVISIONS TO 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 Cal- trans Standard Specification, 2018, Section 26: Aggregate Bases, Subsection 26-1.02B Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.2.4 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 com- pacted readily under watering and rolling to form a firm, stable base. Aggregate may include ma- terial processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. Sieve Sizes 211 ································· 11/2" ........................... . 1'' ................................ . 3/4" ............................. . No. 4 ........................... . No. 30 .......................... . No.200 ....................... . AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 314'' Maximum Operating Range Operating Range 100 90-100 50-85 25-45 10-25 2-9 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Tests Resistance (R-value) Sand Equivalent Durability Index Operating Range 78 Min. 25 Min. 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Dura- bility Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, an- other day's work may not be started until tests, or other information, indicate to the satisfaction of ,, •+' Revised 6/15/17 Contract No. 6608 Page 115 of 153 the Engineer that the next material to be used in the work will comply with the requirements spec- ified 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 En- gineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grad- ing 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 201 -CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) (3l PORTLAND CEMENT CONCRETE Type of Construction Concrete Class All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) (1l Trench Backfill Slurry 115-E-3 (190-E-400) Street Light Foundations and Survey Monu-330-C-23 ments (560-C-3250) Traffic Signal Foundations 350-C-27 (590-C-3750) Concreted-Rock Erosion Protection 31 0-C-17 (520-C-2500P) Maximum Slump mm (Inches) (2) 200 (8") 100 (4") 100 (4") per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2.1 Cement. Substitute the following: a) Portland Cement. Portland Cement shall be Type V Portland cement conforming to ASTM C150 and the optional requirements of ASTM C150, Table 2 for maximum equiv- alent alkalis (Na2O + 0.658K2O) of 0.60 percent. 201-1.2.4 Chemical Admixtures. Substitute the following: (d) Air-Entraining Admixtures. The air content shall not deviate from the percentage spec- ified or permitted by more than 1-1 /2 percentage points. The air content of freshly mixed con- crete will be determined by California Test Method No. 504. ,, •+;' Revised 6/15/17 Contract No. 6608 Page 116 of 153 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant}. Add the following: All finished concrete surfaces shall have a ½" continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment asspecified in Section 303-7 of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: "Sonneborn NPII"; Sonneborn Building Products Division; "Scofield Litho- seal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint sub- strates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, non- extruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyeth- ylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polysty- rene foam is not acceptable. ,, •+; Revised 6/15/17 Contract No. 6608 Page 117 of 153 SECTION 203 -BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. 203-6.2.1. Asphalt Binder. Add the Following: Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the Asphalt Binder content is within +/-0.5% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.4. Devia- tions in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.4.4. 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 grad- ing as shown in Table 203-6.4.4. 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10 for surface course, and B-PG64-10 for base course. Asphalt concrete shall be class D2-PG70-10 for dikes and class E-PG70-10 ditches. 203-6.4.4 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet 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 accord- ance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values 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. 1Only use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +/-5. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. 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 203-6.4.4. Deviations in gradation may be considered in conformance ,, • ., Revised 6/15/17 Contract No. 6608 Page 118 of 153 with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.4.4 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 grad- ing as show in Table 203-6.4.4. SECTION 206 -MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. 206-7 .1.1 Roadside Signs. This work shall consist of furnishing and installing roadside signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the ser- viceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and alumi- num marks. 206-7.1.2 Sign Identification. The following notation shall be placed on the lower right side of the back of each sign where the notation shall not be blocked by the sign post or frame: A. PROPERTY OF THE CITY OF CARLSBAD, B. Name of the sign manufacturer, C. Month and year of fabrication, D. Type of retroreflective sheeting, and E. Manufacturer's identification and lot number of retroreflective sheeting. The above notation shall be applied directly to the aluminum sign panels in 1/4-inch upper case letters and numerals by die-stamp and applied by similar method to the fiberglass reinforced plas- tic signs. Painting, screening, or engraving of the notation will not be allowed. The notation shall be applied without damaging the finish of the sign. 206-7.1.3 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manu- facture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Desig- nation 04956 and conforming to the requirements of these special provisions. 206-7.1.5 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminum shall be pretreated in accordance to ASTM Designa- tion B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light l' • ., Revised 6/15/17 Contract No. 6608 Page 119 of 153 and tightly adherent chromate conversion coating free of powdery residue. The conversion coat- ing shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be pro- vided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. 206-7.1.7 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and porta- ble signs. 206-7.2.1 General. This work shall consist of furnishing and installing temporary signs in accord- ance with details shown on the plans, the California Sign Specifications and these special provi- sions. Permanent and temporary signs shall be free from blemishes that may affect the service- ability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manu- facture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Desig- nation D4956 and conforming to the requirements of these special provisions. 206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation 8209. Sheet aluminum shall be pretreated in accordance to ASTM Designa- tion 8449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coat- ing shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation Standard Plans RS 1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: ,, • ., Revised 6/15/17 Contract No. 6608 Page 120 of 153 a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7'). d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5 ft2) of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements of these special provisions. 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tub- ing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be per- forated on all four faces with 11 mm (7/16") holes on 25 mm (1") centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011 ", -0.005"). Convexity and concavity measured in the center of the flat side shall not ex- ceed a tolerance of +0.25 mm (+0.01 0") applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16" in 3'). Tolerance for corner radius is 4.0mm (5/32"), plus or minus 0.40 mm (1/64"). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64") radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1 m (1 0'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(8). ,, •+' Revised 6/15/17 Contract No. 6608 Page 121 of 153 TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions Outside Tolerance for All Sides at Corners mm (inches) mm (inches) 25 X 25 (1 X 1) 0.13 0.005 32 X 32 (1¼x1¼) 0.15 0.006 38 X 38 (1½x1½) 0.15 0.006 44 x44 (1¾ X 1¾) 0.20 0.008 51 X 51 (2 X 2) 0.20 0.008 56 X 56 (23/15 X 23/15) 0.25 0.010 57 X 57 (2¼ X 2¼) 0.25 0.010 64 X 64 (2½ X 2½) 0.25 0.010 51 X 76 (2 X 3) 0.25 0.010 TABLE 206-8.2(8) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension Squareness(1l Twist Permissible in 900 mm (3") mm (Inches) mm (Inches) mm(2l (lnches)(2l 25 X 25 (1 X 1) 0.15 0.006 1.3 0.050 32 X 32 (1-¼ X 1-¼) 0.18 0.007 1.3 0.050 38 X 38 (1-½ X 1-½) 0.20 0.009 1.3 0.050 44 x44 (1-¾x 1-¾) 0.25 0.010 1.6 0.062 51 X 51 (2 X 2) 0.30 0.012 1.6 0.062 56 X 56 (2-3/15 X 2-3/15) 0.36 0.014 1.6 0.062 57 X 57 (2-¼ X 2-¼) 0.36 1.014 1.6 0.062 64 X 64 (2-½ X 2-½) 0.38 0.015 1.9 0.075 51 X 76 (2 X 3) 0.46 0.018 1.9 0.075 . . (1) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed . (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel "pull-through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (7/8") diameter head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to ASTM B-633, Type Ill Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a con- troller 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. ,, • ., Revised 6/15/17 Contract No. 6608 Page 122 of 153 The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 m (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer Add the following section: 206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of com- plete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that au- tomatically 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-pro- grammed 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 op- erator adjustable within the control cabinet. Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and main- tained 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 ac- cordance 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. Payment for all traffic signs, including Portable Changea- ble Message Signs, are incidental to the traffic control plan and no other compensation will be made therefor. SECTION 207-GRAVITY PIPE 207-2 REINFORCED CONCRETE PIPE (RCP). 207-2.5 Joints. Add the following: All RCP joints shall receive a rubber-gasket meeting the re- quirements of Section 208-3 Gaskets for Concrete Pipe. ,, •+;' Revised 6/15/17 Contract No. 6608 Page 123 of 153 Add the following section: 207-26 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-26.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Mark- ing Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-26(A) and 207-26 (8): TABLE 207-26.1 (A) DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Method Value Thickness ASTM D2103 0114 mm (0.0056") Tensile strength ASTM D882 4500g/cm (25 lbs/inch) (5,500 PSI) Elonoation ASTM D882-88 <50 percent at break Printability ASTM D2578 >50 dvnes/sauare centimeter Flexibility ASTM D671-81 Pliable hand Inks Manufacturino specifications Heat-set Mylex Message repeat Manufacturing specifications Everv 500 mm (20") Foil Manufacturing specifications Dead soft/annealed Too laver Manufacturino specifications Virgin PET Bottom laver Manufacturino specifications Viroin LOPE Adhesives Manufacturing specifications >30 percent, solid 1.5#/R Bond strenoth Boilino H20 at 100 dearees Celsius Five hours without peel Colors APWACode See Table 207-25.1 (B) TABLE 207-26.1(8) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Utility Marked Red Electric power, distribution, transmission, and municipal electric systems. Yellow Gas and oil distribution and transmission, dangerous materials, product and steam. Orange Telephone and telegraph systems, police and fire communications, and cable tel- evision. Blue Water svstems. Green Sanitary and storm sewer systems, nonpotable. Brown Force mains. Purple Reclaimed water lines. Add the following section: 207-26.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the re- quirements of each of the following agency/association publications. A Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping 831.8, paragraph 192.321(e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Dam- age to Pipelines. Adopted June 7, 197 4. Report NTSB-PSS-73-1. ,, •;;' Revised 6/15/17 Contract No. 6608 Page 124 of 153 C. American Petroleum Institute (API). Recommended practice for marking buried liquid pe- troleum pipelines -APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Spec- ification for Mechanical and Electrical Equipment-PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, Na- tional Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 210 -PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.5. TABLE 210-1.5 (A) Surface to be Painted Pre-treatment I Surface Prepa-Pri-Finish Coats ration mer Temporary Railing type Abrasive Blast Cleaning to a None Two coats white (K) Roughened, Textured Appear-Acrylic Emulsion Paint ance (1) (1) acrylic emulsion paint designed for use on exterior masonry. This paint shall comply in all respects to Federal Specification TT-P- 19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. SECTION 213 -ENGINEERING GEOSYNTHETICS 213-5 GEOTEXTILES AND GEOGRIDS Add the following section: 213-5.1 General. Geotextile types shall be used for the applications listed in Table 213-5.1. Table 213-5.1 GEOTEXTILE APPLICATIONS Application of Geotextile Separation of Soil and Street Structural Section Separation of Soil and Subsurface AaareQate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil DrainaQe at the Interface of Soil Structures DrainaQe at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kQ (¼ Ton) Rock Slope Protection Fabric for Rock Sizes lncludinQ and Above 225 kQ (¼ Ton) Plant Protection Covering Erosion Control Fence with 14 AWG -150 mm x 150 mm (6"x6") Wire and 3 m (10') Post SpacinQ Erosion Control Fence with 1.8 m (6') Post SpacinQ and No Wire FencinQ Add the following section: .,., •+;' Revised 6/15/17 Contract No. 6608 Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N 90WS 200WS Page 125 of 153 213-5.2 Erosion Control Specialties. Storm water erosion control plans shall be prepared, im- plemented, and maintained by individuals with the respective qualifications and certification as specified in the City of Carlsbad Engineering Standards Volume 4. Add the following section: 213-5.3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50lbs) of 19 mm (¾") crushed rock and securely tied closed. Plastic bags are not acceptable. SECTION 214 TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS. 214-4.1 General: Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, chan- nelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pave- ment arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic con- forming to CAL TRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CAL TRANS Specification No. 8010-004 (Type II). CAL TRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CAL TRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. 214-6 PAVEMENT MARKERS Add the following section: 214-6.4.3.1 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- 6.4.3.1, or equal thereto. TABLE 214-6.4.3.1 TEMPORARY REFLECTIVE PAVEMENT MARKERS T e Manufacturer of Distributor TOM-Temporary Overlay Davidson Traffic Control Products, 3110 70th Avenue East, Ta- Markers coma, WA 98424, 877 335-4638 Add the following section: 214-6.4.3.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface- mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumina- tion of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-6.4.3.2, or equal thereto. ,, •+' Revised 6/15/17 Contract No. 6608 Page 126 of 153 Type Safe-Hit SH336SMA TABLE 214-6.4.3.2 REFLECTIVE CHANNELIZER Manufacturer of Distributor Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100 Chicago, IL 60602 (800) 537-8958 Carsonite SDR3036 "Super Duck" Carsonite Composites, LLC 605 Bob Gifford Boulevard Early Branch, SC 29916 (800) 648-7916 Repo "The Replaceable Post" Western Highway Products 10680 Fern Avenue Stanton, CA 90680 (800) 854-3360 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflec- tive channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. SECTION 215 -FENCING Add the following section: 215-1 ENVIRONMENTAL FENCING 215-1.1 Materials. Environmental fence shall be minimum 4' high, orange colored plastic con- struction fencing installed prior to performing any work. Environmental fence shall be constructed of non-toxic, non-conductive polyethylene capable of withstanding temperatures from -58F de- grees to 194F degrees. Color shall be non-fading. Posts shall be 6'-6" long, shall be spaced no more than 10'-0" apart and buried portion shall be no less than 2'-6" deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose in- tended, as determined by the Engineer. Materials may be commercial quality providing the di- mensions and sizes of the materials are equal to, or greater than, the dimensions and sizes spec- ified herein. Posts shall be either metal or wood at the Contractor's option. Galvanizing and paint- ing of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete footings for metal posts will not be required. ,, •+;' Revised 6/15/17 Contract No. 6608 Page 127 of 153 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 -EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. Add the following paragraphs to this subsection: Clearing and Grubbing shall include the protection of all items to remain, sawcutting, cold milling AC pavement, demolition of existing improvements, salvaging existing materials (topsoil) and improvements as specified or shown on the Plans, removal of deleterious materials, and proper disposal from the Project site of all existing surface and subsurface materials as required to construct the improvement as shown on the Plans and as described in the Specifications. Typical items to be removed include, but are not limited to, trash, fences, posts, poles, gates, street signs, AC dikes, AC paving, striping (by grinding), decorative concrete, concrete driveway entrance, concrete sidewalk, concrete curb and gutter, concrete headwall structures, retaining walls, landscape border logs, decorative walls, concrete pavers, reinforcing steel, rock, boulders and cobbles, trees, stumps and roots, shrubs, other vegetation or organic materials, soil, irrigation systems, spoils, debris, sewer pipe, storm drain pipe, storm drain inlets and grates, electrical conduits and pullboxes, wire, utility cabinets or boxes, drinking fountains, guardrails, delineators, pavement markers, and all other objectionable materials which interfere with the Work whether or not specifically indicated on the Plans or oth- erwise shown to be protected or relocated. Abandoned utility lines and structures not removed with Engineer's approval shall be filled with blown sand and conduits plugged. Concrete shall be removed to neatly sawed edges with saw cuts made to a depth deep enough to produce a clean straight break without loosening, cracking or damaging adjoining improvements. Clearing and grubbing shall also include the relocation, adjusting or salvaging of all facilities so indicated on the Plans which are not designated as separate bid items or which are not included in other bid items. If there are decorative items on private lots, including decorative concrete pavers, decorative wall blocks, rocks used for landscape decoration, boulders, and custom signs, and the Contractor would prefer to salvage items for the property owners, the items shall be removed carefully and placed at a location near the disturbed area on the private property, with the property owner's approval. The Contractor shall remove existing irrigation systems (including both water supply and water distribution lines, electrical supply, and electrical control elements of the system) that are within the Project limits and place these materials on the property owner's property. Contractor shall cap ends of cut lines and wires, and mark locations with lath so that property owner can locate them later. During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials on public or private property. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or ('\ •;;' Revised 6/15/17 Contract No. 6608 Page 128 of 153 other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment shall be made to the Contractor. During grading operations, the Contractor shall provide temporary graded driveways and contin- uing maintenance thereof to provide safe, smooth, stable and continuous access to all residences and businesses within the Project area. All costs, if any, associated with such grading operations shall be borne by the Contractor and no additional payment shall be made to the Contractor. Unless otherwise noted on Plans, the Contractor shall protect all existing sewer, water, electric, telephone, communication, television, fire lines, street lights, traffic signal, red light cameras, irri- gation, and other utilities, services and systems, whether shown on the Plans or not. The Con- tractor shall maintain all services in working condition during the course of the Work. The Con- tractor shall remove all existing abandoned pipelines and conduits of any type or use, and pipe- lines and conduits of any type or use that are abandoned during the course of the Work and shall replace said pipelines and conduits with properly compacted soils. The Contractor shall immedi- ately restore to full operation any utilities, services or systems that are disturbed during the course of the Work. 300-1.4 Payment. Revise this subsection to read as follows: The Bid SCHEDULE DOES include a bid item for Clearing and Grubbing. Full compensation for any necessary Clearing and Grubbing required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for the related items of work, and no additional compensation will be allowed therefore. Payment for the removal and disposal of all existing improvements scheduled for removal per the plan and bid item descriptions shall be included in the lump sum price of clearing and grubbing and no additional compensation will be allowed therefore. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. Add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of soil salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1 ') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland miti- gation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2.1 General. Add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuit- able soils at specific locations or elevations on the site. Add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to ,, •+r Revised 6/15/17 Contract No. 6608 Page 129 of 153 dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.9 Payment. Substitute the following: Payment for all unclassified excavation shall be inci- dental to the item requiring excavation to depth specified on the plan and/or standard drawing and no additional compensation will be allowed therefor. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1 ') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. Add the following section: 300-12STORM WATER POLLUTION PREVENTION PLAN 300-12.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution preven- tion work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, here- after referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the 2016 City of Carlsbad Engineering Standards Volume 4 "SWPPP Manual", "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Hand- book"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-12.2 SWPPP Document. Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3 of these Special Provisions. If revisions are required, as determined by the Engineer, the Con- tractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construc- tion site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; 4. Non-storm water management and waste management and disposal control practices. 5. Daily street sweeping ., f.+;> Revised 6/15/17 Contract No. 6608 Page 130 of 153 Specific objectives and minimum requirements for each category of control measures are con- tained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibil- ities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quan- tities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised oper- ations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protec- tion Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. 300-12.3 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and main- taining the control measures included in the SWPPP and any amendments thereto and for re- moving and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP imple- mentation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. ,, •+' Revised 6/15/17 Contract No. 6608 Page 131 of 153 Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water manage- ment and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. 300-12.4 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP, as described in Section 7-8. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspec- tion record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. 300-12.5 Payment. The contract lump sum price paid for the SWPPP work shall include full com- pensation for the design, submittal, obtaining approval, and amending the Tier 2 SWPPP and for furnishing all labor, materials, tools, equipment, and incidentals to install, implement, maintain and remove construction BMPs per the approved SWPPP. The most recent Tier 2 construction SWPPP Template is available on the City Website and an example is included in Appendix C. Partial payment shall be based on the percentage the total value of work completed . . , f.+;< Revised 6/15/17 Contract No. 6608 Page 132 of 153 SECTION 301 -SUBGRADE PREPARATION, TREATED MATERIALS AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Con- tractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them (including pipelines), or curb, gutter, curb and gutter, alley pavement, driveway, sidewalk constructed over them, to no less than 95 percent maximum dry density as determined by ASTM test D-1557-12. 301-1. 7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be incidental to the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 -ROADWAY SURFACING 302-4.5 Scheduling, Public Convenience and Traffic Control. Add the following: The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9400. The Contractor shall accommodate mail delivery to residences and businesses during the work. At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all property addresses on which resurfacing shall occur. Obtaining the appropriate addresses shall be the contractor's responsibility. A sample letter shall be provided by the city and the Contractor shall use the city's sample letter with appropriate street names, dates, times, and phone numbers specific to the work inserted in the letter. During resurfacing operations, the Contractor's schedule shall be designed to provide residents and business owners sufficient paved parking within a 900 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects ve- hicular 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. ,, .... Revised 6/15/17 Contract No. 6608 Page 133 of 153 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 tele- phone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the 760 area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the con- struction. 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 In- spector. 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 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. 302-5 ASPHALT CONCRETE PAVEMENT. Add the following: 302-5.2 Pavement Transitions. The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in Section 306-13.1. Ramps shall be con- structed 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 64-1 O paving asphalt at a rate of 0.05 gallon per square yard or SS-1 h emulsion at a rate between 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 64-10 paving asphalt, or SS-1h emulsion, immediately before the adjoining as- phalt 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 para- graph, add: The Contractor shall provide the self-propelled spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control. The automatic screed control shall be 5.5 m (18') minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. The Contractor shall provide an on-site backup paving during all paving operations. No conveyor belt systems will be allowed for moving the ,, •f' Revised 6/15/17 Contract No. 6608 Page 134 of 153 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 pro- cedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. Modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.9 Measurement and Payment. Add the following: Payment for final surface paving shall be made at the unit price bid per ton. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 303-1.2 Subgrade for Concrete Structures. Add the following: If groundwater is encountered, Contractor shall work a minimum 2' deep of ¾" gravel into soil to provide an adequate base for construction of concrete structure. 303-1.11 Measurement. Delete the subsection in its entirety and replace with the following: Con- crete structures will be measured for payment by each structure installed as specified in the bid schedule and in accordance to the plan and any referenced standard drawings. 303-1.12 Payment. Delete the subsection in its entirety and replace with the following: Payment for concrete structures will be made as set forth in the Bid Schedule. Payment shall include com- pensation for furnishing all labor, materials, tools, and equipment necessary to construct the con- crete structures complete in place. Items shall include submittal of PCC mix design for approval, structure excavation, subgrade and bas preparation, furnishing PCC and casting-in-place, steel reinforcement, forms, covers, rims, grates, frames, collars, cone and draft sections, bases, steps, clean up; and for all other work necessary to install the concrete structure, complete in place, and no additional compensation will be allowed therefor. 303-2 AIR-PLACED CONCRETE. 303-2.1.1 General. add the following: Modify Regional Standard Drawing D-75 as follows: replace stucco netting with 150mm x 150mm (6" x 6") by No. 10 by No. 10 welded wire mesh. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1.1 General. Add the following: Portland Cement Concrete construction shall include, but not limited to, curbs, walkways, cross gutters, access ramps, driveways, concrete curb outlet, terrace ditches, and all other miscellaneous PCC construction items as indicated on the plans and per these Specifications. ,, •+' Revised 6/15/17 Contract No. 6608 Page 135 of 153 Curb and Gutter shall conform to SDRSD G-2 (Type G), the details on the plans, and these spec- ifications. Adjacent AC/AB removal associated with concrete curb construction shall be full depth AC replacement and a minimum width of one foot from the face of concrete edge. Removal of AC shall be incidental to Section 401-1 Removals. Replacement of AC shall be incidental to this Sec- tion and conform to the requirements of Sections 203-6 and 302-5 and match the depth of the adjacent curb and gutter. The Contractor shall verify with a "smart level", string line and/or water testing that positive drain- age is maintained upon completion offinishing, and any irregularities causing water ponding shall be corrected and refinished. The CITY shall be present to verify the concrete forms, prior to pour- ing any PCC construction improvements. 303-5.5.2 Curb. Add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face Markin s T e of under round facilities Water Service Lateral Sewer Service Lateral lrri ation Water Lateral or Sleeve Markin w s RW 303-5.9 Measurement and Payment. Add the following: Curb and gutter, and curb, shall be con- sidered as continuing across driveways, access ramps and drainage inlets when constructed ad- jacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depres- sions, except that which occurs in gutter transitions at each side of an inlet. 303-6 STAMPED CONCRETE. 303-6.1 General. Add the following: Concrete shall be 560-C-3250 with 6"x6" -10 guage wire mesh throughout. Add the following: 303-6.5 Concrete Finishing Products. 303-6.5.1 Water Base Penetrating Sealer for Integral Colored Concrete. (Scofield Colorcure Concrete Sealer or approved equal) Water base penetrating sealer shall be a sealer designed for the protection of imprinted and nat- ural concrete. Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the ma- sonry without darkening or adding gloss to the surface. It shall preserve the natural slip resistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance. Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install .,., • .-, Revised 6/15/17 Contract No. 6608 Page 136 of 153 per manufacturer's directions. Seal shall be compatible with the surfaces and materials which it is applied. Concrete sealer shall conform to the following specifications: Color: Odor: Flash Point: Specific Gravity: Density: Drying Time: Cure Time: VOC Content: Polymer Type: Clear, non-yellowing Mild None (C.O.C. method) 1.03 8.6 pounds per gallon 30 minutes to 60 minutes 24 to 48 hours None (0 g/I) excluding water Proprietary Reactive Resin System Coverages (approximate) Smooth Concrete: 300 to 400 square feet per gallon Rough Concrete: 200 to 300 square feet per gallon Note: Coverages vary depending on porosity and condition of surface and method of Method of: Application Manufacturer: equal application. Airless sprayer. Scofield Chromix Admixtures for color-conditioned concrete, or apprpved L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 All materials shall be furnished, prepared, applied, cured, and stored according to the product manufacturer's direction. Add the following: 303-6. 7 Measurement and Payment. Payment for colored, stamped concrete paving shall be paid in accordance to the contract unit price. Said payment shall include compensation for survey, sawcut, excavation, disposal of material, grading, backfill, compaction, base material, forming, mesh, reinforcing steel, concrete, integral color, texture sealers, transitions, joints, and other material necessary to construct the specific paving. 303-7 COLORED CONCRETE 303-7.1 General. Add the following: Integral color shall consist of colored admixtures developed for use in ready mixed concrete. The product shall be made of the highest quality pigments, as well as other ingredients designed to enhance the color and improve the pigment dispersion, workability and finishing performance of the concrete. Integral color pigments shall meet or ex- ceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of architec- tural concrete. Pigment shall be a permanent coloration, uniform throughout the concrete surface and interior, and shall be highly UV and fade resistant. ,, •+;' Revised 6/15/17 Contract No. 6608 Page 137 of 153 Integral colored concrete shall be cured with QC Color Cure color matched to the concrete (see product information bulletin). Provide sample panel submittals of all colors to be used in the in- stallation on identical surfaces for approval by the Engineer. Contractor shall provide a mainte- nance schedule for integral colored concrete. Admixture for all integral colored concrete paving in medians and other integral colored concrete shall be the following: Color: Refer to 2016 City of Carlsbad Landscape manual for median coloring. Curing: Scofield Colorcure Concrete Sealer (or approved equal). See Section 201 of these Supplemental Provisions for Concrete Curing Materials. Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 Admixture products and procedures for installation shall be in strict accordance with the manu- facturer's specifications and recommendations, and those published by the American Concrete Institute (ACI) and the Portland Cement Association (PCA). SECTION 306 -OPEN TRENCH CONDUIT CONSTRUCTION 306-3 TRENCH EXCAVATION Add the following: 306-3.1 General. When the actual elevation or position of any existing pipe, conduit, or other underground appurtenances cannot be determined without excavation, the Contractor shall ex- cavate and expose the existing improvement at the location shown on the Plans and any other locations deemed necessary by the Engineer. Such excavation shall be considered as part of the excavation necessary for the work. The Engineer shall be given the opportunity to inspect the existing improvements when it is exposed. Any adjustments in line or grade which may be nec- essary to accomplish the intent of the plans shall be made at no additional costs. Add the following: 306-3.2 Removal of Surface Improvements. Bituminous pavement, concrete pavement, curbs, sidewalks, or driveways removed in connection with construction shall be removed in accordance with Subsection 401-2 of the Standard Specifi- cations and these Special Provisions and reconstructed in accordance with Section 404 of the Standard Specification and these Special Provisions. Add the following: 306-3.5 Maximum Length of Open Trench. The first sentence for the first paragraph is hereby deleted and replaced with the following: Except by permission of the Engineer, the maximum length of open trench where prefabricated pipe is used shall be the distance necessary to accommodate the amount of pipe installed in a single day. ,, •+' Revised 6/15/17 Contract No. 6608 Page 138 of 153 Add the following section: 306-3. 7 Steel Plate Bridging -With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. Add the following section: 306-3. 7 .1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approved by the Engineer. It is recog- nized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: PS= [ADT + EWL +DAYS+ 10 X WEEKEND+ 5 X NIGHTS+ 20 X WEATHER+ SPEED (kmh) + SLOPE X 100) X LANES 1000 8 PS= [ ADT + EWL +DAYS+ 10 X WEEKEND+ 5 X NIGHTS+ 20 X WEATHER+ SPEED (mph)+ SLOPE X 100) X LANES 1000 5 where: PS ADT EWL DAYS WEEKEND NIGHTS WEATHER SPEED SLOPE LANES = plate score. = average daily traffic as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2009 Edition as amended by Supplements 1 and 2. = equivalent wheel loads as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2009 Edition as amended by Supplements 1 and 2. = total number of 24-hour periods during which the plates will be utilized at the site being considered. = total number of Saturdays, Sundays and holidays that the plates will be uti- lized at the site being considered. = total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. = total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. = the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions. = the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50') up and downstream of the position of the proposed steel plate bridging. = the number of lanes where plates will be used. ,, •+' Revised 6/15/17 Contract No. 6608 Page 139 of 153 When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridg- ing shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-3.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Draw- ings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1.5. Add the following section: 306-3.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified herein before. b) Steel plates used for bridging must extend a minimum of 610 mm (2') beyond the edges of the trench. c) Steel plate bridging shall be installed to operate with minimum noise. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install per the following: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the un- milled pavement and the plate shall not exceed 25 mm (1'') and shall be filled with elastomeric sealant material which may, at the contractor's option, be mixed with no more that 50%, by vol- ume, of Type I aggregate conforming to the requirements of tables 203-5.2(8) and 203-5.3(A). Add the following section: 30(;-3.7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table 306-3. 7.4 (A) .,., •~ Revised 6/15/17 Contract No. 6608 Page 140 of 153 TABLE 306-3.7.4(A) REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH Maximum Trench Width (1) Minimum Plate Thickness 0.3 m (10") 13 mm (½") 0.6 m (23") 19 mm (¾") 0.8 m (31") 22 mm (7/8") 1.0 m (41") 25 mm (1") 1.6 m (63") 32 mm (1 ¼") (1) For spans greater than 1.6 m (5'), a structural design shall be prepared by a registered civil engineer and submitted to the Engineer for review and approval in accordance with section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CAL TRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid sur- face on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CAL TRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-3.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-7 PREFABRICATED GRAVITY PIPE. 306-7.3.2.3 Gasket-Type Joints. Add the following: The Contractor shall provide Rubber Gasket- type joints for all reinforced concrete pipe (watertight joints). 306-12 BACKFILL. 306-12.1 General. Add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9" x 3") above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of Section 207-26 of the Supplemental Specifications. 306-12.3.2 Compaction Requirements. Delete Section 306-12.3.2 and replace with the follow- ing: The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 915 mm (36") of the street right-of-way, compaction shall be 95 percent. 306-13TRENCH RESURFACING. 306-13.1 Temporary Resurfacing. Add the following: Temporary bituminous resurfacing mate- rials which are placed by the Contractor are for its convenience and shall be at no cost to the .,., •+;' Revised 6/15/17 Contract No. 6608 Page 141 of 153 Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfac- ing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfac- ing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full com- pensation for furnishing, placing, maintaining, removing, and disposing of such temporary resur- facing materials. 306-13.2 Permanent Resurfacing. Add the following: Except as provided in section 306-13.1, "Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. 306-15 PAYMENT. 306-15.1 Basis of Payment for Open Trench Installation. This section is hereby deleted and replaced with the following: The price per linear foot for storm drain in place shall be considered full compensation for furnishing pipe, sawcut, removal and disposal of existing PCC and AC pavement, trench excavation, over excavation of trench as required, removal of spoils, preparation of subgrade and base material, installation of pipe, gasket joints, pipe bedding and backfill per City Standard S-5, compaction, pipe detection tape, trench plates, bedding and protection for crossing utilities, preparation of road aggregate base material and all other work necessary to install storm drain pipe, complete and in place and no additional compensation shall be allowed therefor. SECTION 314-TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.3.1 General. Add the following: 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 con- struction site. The Contractor shall remove by wet grinding all existing or temporary traffic mark- ings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 314-4.3.4.1 General. Add 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/s") in 3 m (1 O') when measured parallel to the centerline of the street or more than 6 mm (¼") in 3 m (1 O') when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. ,, •+;' Revised 6/15/17 Contract No. 6608 Page 142 of 153 Add the following section: 314-4.3.5.1 Preparation of Existing Surfaces. The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that con- flict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sand- blasting 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 0') thick asphalt concrete overlay is not permitted. Add the following section: 314-4.3.5.2 Layout, Alignment, and Spotting. The Contractor shall establish the necessary con- trol 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 00m (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. Add the following section: 314-4.3.5.3 Application of Paint. The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer and within the same working day of pavement resurfacing. After fourteen (14) calendar days, a second coat of paint shall be applied to all final, approved striping. The Contractor shall paint the ends of each median nose yellow. If required by the approved traffic control plans, the Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 314-4.3.6 Payment. Delete this Section and add the following: The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for the installation of two coats of paint, pavement markers, thermoplastic legends and symbols, inlet stenciling, signing, , the plan, and contract documents. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefore. 314-4.4.1 General. Add the following: Thermoplastic legends, symbols and striping shall be in- stalled 14 calendar days after asphalt paving. 314-5 PAVEMENT MARKERS 314-5.4 Placement. Add the following: Temporary pavement markers shall be installed on the asphalt concrete pavement immediately after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. All temporary markers shall be removed and replaced with permanent pavement markers fourteen (14) calendar days after paving. ,, • ., Revised 6/15/17 Contract No. 6608 Page 143 of 153 Add the following section: 314-5.4.1 Reflective Channelizer Placement and Removal. The Contractor shall place and re- move reflective channelizers the same as for pavement marker placement and removal. The Con- tractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in Section 310-5. 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 Con- tractor. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. ., '-,;' Revised 6/15/17 Contract No. 6608 Page 144 of 153 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 4, EXISTING IMPROVEMENTS SECTION 401 -REMOVAL 401-3 CONCRETE AND MASONRY IMPROVEMENTS 401-3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Curb Ramps, Driveway and Alley In- tersections. Delete the third and fourth sentence and add the following: All existing concrete shall be removed to the nearest joint. Concrete shall be removed to neatly sawed edges with saw cuts made to a depth deep enough to produce a clean straight break without loosening, cracking or damaging adjoining improvements. PCC and all other material unsuitable for use as fill, as deter- mined by the Engineer, shall be removed from the right-of-way and disposed of by the Contractor at a site of his own choice and shall pay all costs incidental to the disposal. Add the following section: 401-3.2.1 Adjacent Asphalt Concrete Removal. Adjacent AC/AB removal associated with concrete curb construction shall be full depth and a minimum width of three feet from face of concrete edge and continue along the concrete segment scheduled for removal. Removal of adjoining AC section shall be incidental to the removal of concrete structure bid item per this Section. Replacement of adjoining AC section shall be inci- dental to replacement of the curb and gutter bid item as specified in Section 303-5. ,, •,; Revised 6/15/17 Contract No. 6608 Page 145 of 153 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 5, SYSTEM REHABILITATION SECTION 500 -PIPELINE 500-3 CLEANING AND PRELIMINARY INSPECTION. 500-3.2.2 Closed Circuit Television (CCTV) System Equipment. Add the following: The cam- era head shall have a rotary head with rotational, pan and tilt movement in order to allow a full circumferential inspection and observe all portions of the pipeline. It shall have a high resolution lens capable of spanning 360 degrees circumference and 270 degrees on a horizontal axis to televise pipelines. Optical focal distance shall be adjustable through a range of 1-inch to infinity. The camera source image capture shall provide a high resolution image with a minimum of 320x240 pixels capture. The camera shall clearly show all conditions and defects. The purpose of the rotating head camera is to view all service connections, and to locate all defects, as well as any pipeline problem conditions. The Contractor shall stop for at least 15 seconds to properly document the condition of the lateral, size and location, and observed structural defects such as misalignment, offset joints, protruding lateral taps, cracked pipe, roots in pipe, roots from laterals, sages in profile, and other pertinent observations as they are encountered. The camera will pause as necessary and pan/tilt/rotate to clearly show manhole condition and structural defects from the channel and lower manhole area to the upper manhole area as viewable by the camera. Add the following subsection: 500-3.4.1 Investigations The Contractor shall videotape the pipeline and submit on DVD format for Owner's review at the following: • Pre-construction of areas adjacent to construction • post cleaning of the storm drain, • post lining of the storm drain • final video shall include: post main lining, post sealing of mainline cut ends at inlets and post sealing of lateral connections. Final videotaping shall be performed after complete system installation and five (5) days prior to the final walk through inspection. Final color video shall be submitted on DVD format. The video shall be of a high resolution quality, to be viewed on DVD reader system. Lettering 3/8- inch high and internal approval stamps of pipe manufacturers shall be clearly readable on the video. Continuously displayed on the monitors and recorded on the video shall be the date of the survey, number designation of the manhole section being surveyed, identified fault conditions and a con- tinuous forward and reverse read-out of the camera distance from the manhole of the reference. ('\ • ., Revised 6/15/17 Contract No. 6608 Page 146 of 153 Pipe conditional and fault information tied to pipe location shall also be recorded in the Report Access database record associated with each video. This information shall be in tabular form and include but not be limited to the following information: pipeline run from upstream to downstream manhole, location of defects in feet from upstream manhole, description of the defect, and other pertinent information. Location records shall also show all lateral connections. The camera operator shall record all fault conditions and other required information as an audio commentary on the tape. The audio portion of the file shall be sufficiently free from electrical interference and/or background noise so that the narration is completely intelligible. The audio shall remain accurate to the original source voice through the digital video processing. The audio narrative shall describe all notable defects found including the location in feet from the upstream manhole and type of each defect. A QNQC procedure by the Contractor shall be developed to ensure high quality results from the televising. The Contractor shall provide reports of inspection results of pipeline televising and conditional assessments utilizing reporting software that is compatible with Owner format requirements. The reporting software shall utilize a Microsoft Access Database. The inspection reports shall incor- porate and utilize a standardized NASSCO PACP rating system to be provided for comprehensive evaluation of pipeline and/or manhole condition, i.e. a standardized listing of facility condition and defect codes. The report shall utilize a Microsoft Access Database. The Contractor shall provide digital photos of representative pipeline conditions, captured during the CCTV televising. Representative photos of pipeline conditions shall be taken with a minimum of four (4) photos for every section of pipeline between manholes. In addition, photos shall be taken of serious defect locations, with these defects to be defined by the Owner. When these conditions are noted, the Contractor shall notify the Owner of the need for emergency repair re- quirements. The Digital photo files shall be annotated with the pipeline number and station of the defect. Photos shall be attached to the inspection reports to be provided in both hard copy and in an electronic format consistent with Owner requirements. Within two (2) working days after the television inspection of each individual reach documented on a particular videotape, the Contractor shall deliver to the Engineer the DVD for review. Three (3) working days shall be allowed for the City to judge whether the deficiencies are repairable, in place. If the judgment is made that the deficiencies are non-repairable in place, the affected por- tion(s) shall be reconstructed. Due to the nature of the work, the Contractor shall provide a self-propelled camera, capable of extended videotaping lengths and operation in remotely accessed areas without direct vehicular access. The Contractor shall provide all video (with audio) in digital file format on DVDs. The Contractor shall provide an initial submittal at the start of televising work demonstrating the typical video and audio quality to be provided for approval by the Owner. This submittal shall note any proposed changes to the specification listed below regarding video format, data processing compression or other condition for review and approval by the Owner. One file shall be provided for each manhole to manhole pipe segment (or for each manhole to manhole inspection video). ,, •ff Revised 6/15/17 Contract No. 6608 Page 147 of 153 The filename shall incorporate the unique facility identifier (to be provided by the Owner) and the date of the inspection. The facility identifier numbers will be manhole numbers, with adjacent manhole numbers identifying pipe sections. A single video record file shall be provided for each pipe section. The video will be captured and compressed so as to reduce file size as much as possible while still meeting the needs of the Owner. The compression shall be per MPEG-2 format. The video files shall be highly compressed, resulting in an anticipated average file size of 10 MB per minute of video. The compression shall not significantly degrade the still frame quality of the video or audio signal from the original source video, as judged in a side by side viewing under normal viewing condi- tions. Owner staff will be responsible for integrating the digital files within applications to facilitate access and vexing of the video files by end users. Add the following subsection: 500-3.4.2 Reporting and Delivery of Inspection File The Contractor shall provide reports of inspection results from pipeline televising and conditional assessment utilizing a Microsoft Access Database version compatible with the City. Upon completion of the first day of work, the consultant shall submit a DVD of all segments in- spected to demonstrate the typical video, audio quality, summary log of inspection, and Microsoft Access format that will be provided throughout the project. A Microsoft Access file containing the PACP assessment, video inspection, inspection summary report in pdf format and screen shots of defects (if any) shall be recorded for each segment televised. At the end of the project, the consultant shall submit a summary inspection log that shows the date of inspection, PACP score for each segment televised, and clearly identify all red flag pipe segments. 500-3.6 Measurement. Replace this section with the following: CCTV inspection will be measured by the unit of measure defined in the bid schedule. 500-3.7 Payment. Replace this section with the following: The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and for doing all work involved in performing post construction CCTV inspections of the newly constructed storm drain in accord- ance with Sections 500.3.4 and PACP Standard. PACP 7.0 certified software with the capability to import from and export to a PACP database shall be used. Contractor shall notify the engineer five (5) working days prior to inspection. CCTV Inspection files shall be delivered to the engineer per Section 2-5.3 Submittals a minimum of forty-eight (48) hours prior to the final surface cap paving. ,, •+;' Revised 6/15/17 Contract No. 6608 Page 148 of 153 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6 TEMPORARY TRAFFIC CONTROL SECTION 601 -TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES 601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP). 601-2.2 Payment. Replace this section with the following: The Contract lump sum price paid for the traffic control system shall include full compensation for, but not limited to, design, submittal and approval of the traffic control plan, furnishing all labor (including flagging costs), materials (including construction area signs), tools, equipment, traffic control plans for the project, and inci- dentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control including channel- izers (surface mounted), temporary railing (Type K) markers, lights for illuminating the work site, delineators, temporary striping and pavement marking, barricades, portable flashing beacons, flashing arrow signs, portable changeable message signs, as shown on the Plans, these contract documents, and as directed by the Engineer. Full compensation for removing and salvaging the traffic control equipment and materials that are to be reused or reset in the project shall be considered included in the Contract lump sum price paid for traffic control system and no additional compensation will be allowed therefor. Partial payment for traffic control shall be based on the percentage of total value of work com- pleted. 601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES. 601-3.1 General. ADD the following: The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. Add the following section: 601-3.4.1 General. Add the following 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. ,, •+' Revised 6/15/17 Contract No. 6608 Page 149 of 153 601-3.5 Signs and Signage 601-3.5.1 General. Add the following to the first paragraph: The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Modify the last paragraph as follows: Public notification signs of temporary no parking restriction shall be installed at least 72 hours before enforcement of the "No Park" zone. 601-3.5.2 Payment. Modify this section as follows: Payment for signs and signage is incidental to the temporary traffic control plan as specified in Section 601-2.2. 601-3.6 Channelizing Devices 601-3.6.1 General. Replace this section with the following: 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 sheet- ing as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channel- izers to the proper alignment shall be performed by the Contractor. If the channelizers are dis- placed or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the channelizers comply with the plans and speci- fications and conform to the prequalified design and material requirements approved by the En- gineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following subsection: 601-3.6.5.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand- filled crash cushions units as shown on the plans. Add the following subsection: 601-3.6.5.2 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. ,, • ., Revised 6/15/17 Contract No. 6608 Page 150 of 153 Add the following subsection: 601-3.6.5.3 Manufacture of Temporary Railing. In addition to the requirements herein the tem- porary railing (Type K) shall be manufactured per CAL TRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201- 1, "Portland Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall con- form to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm (3/s") thick plate welded on the upper end with a 5-mm (3/15") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 "Ordinary Sur- face Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing com- pound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following subsection: 601-3.6.5.4 Installation of Temporary Railing. In addition to the requirements herein the tem- porary railing (Type K) shall be installed per CAL TRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved align- ment. Each rail unit placed within 3 m (1 O') of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2009 Edition as amended by the MUTCD 2009 California Supplement shall also be installed at each end of railing installed adja- cent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, "Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary rail- ing shall be restored to its previous condition or constructed to its planned condition. Add the following subsection: 601-3.6.5.5 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite Ill" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier System Modules" manufactured by Roadway Safety Service, or equal. Features required to de- termine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CAL TRANS and that the temporary sand-filled crash cushion units meet NCH RP 350 standards. Other features will be suitability to application, operational characteristics, dura- bility and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and in- stalled at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CAL TRANS Standard Drawings T1 ,, • ..., Revised 6/15/17 Contract No. 6608 Page 151 of 153 and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conform- ing to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2009 Edition as amended by the MUTCD 2009 California Supplement shall also be installed at each TSFCC array as shown in CAL TRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil support- ing them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. 601-4 TEMPORARY TRAFFIC STRIPING AND PAVEMENT MARKINGS Add the following section: 601-4.2.1 Application of Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as deter- mined 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 re- place patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the Section 314-3 Removal of Pavement Markers and Section 314-5 Pavement Markers, except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in Section 314-5.4 Placement, shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. ,, ..... Revised 6/15/17 Contract No. 6608 Page 152 of 153 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 8 LANDSCAPING AND IRRIGATION SECTION 801 INSTALLATION 801-1 GENERAL. Add the following: The Contractor shall maintain all landscape and private property surrounding the construction to the greatest extent possible. Any landscape, plants, walls, or steps stones disturbed shall be restored to pre-construction condition. ,, •+' Revised 6/15/17 Contract No. 6608 Page 153 of 153