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2019-07-09; City Council; ; Acceptance of bids and award of contract to Ramona Paving and Construction for construction of the 2018 Pavement Overlay in an amount not to exceed $2,243,236
CA Review Pn..d'_-r ~ CITY COUNC IL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: Recommended Action July 9, 2019 Mayor and City Council Scott Chadwick, City Manager Emad Elias, Associate Engineer emad .elias@carlsbadca.gov or 760-602-7558 Acceptance of bids and award of contract to Ramona Paving and Construction for construction of the 2018 Pavement Overlay in an amount not to exceed $2,243,236. Adopt a Resolution accepting bids and awarding a contract to Ramona Paving and Construction for construction of the 2018 Pavement Overlay, Capital Improvement Program {CIP) Project No. 6001-18OL (Project) in an amount not to exceed $2,243,236. Executive Summary On April 16, 2019, the City Council adopted Resolution No. 2019-051 terminating a contract with PAL General Engineering, Inc., approving the plans and specifications, and authorizing re- advertising of the Project for construction bids. The Project was re-advertised using the city's formal bidding procedures. Bids were received on May 21, 2019, and the lowest responsive and responsible bidder was Ramona Paving and Construction, with a bid in an amount of $2,243,236. Carlsbad Municipal Code Sections 3.28.080(() and 3.28.080(G)(6) require the City Council to award all formally bid contracts when the value exceeds $200,000; and therefore, the Project is subject to this requirement. Staff recommends award of the construction contract to Ramona Paving and Construction in an amount not to exceed $2,243,236. Discussion The Project is part of the city's ongoing Pavement Management Program (Program). Staff typically execute two resurfacing projects annually as part of the Pavement Management Program; one pavement overlay and one slurry seal. The roadways to be resurfaced are · determined by the pavement management software that models the city's roads, staff's professional expertise and field inspection of the pavement condition. This road maintenance Project will resurface the following streets as shown in Exhibit 2: La Costa Avenue from El Camino Real to Camino De Las Caches, Viejo Castilla Way, Navarra Drive, and Pirineos Way. On April 16, 2019, the City Council approved termination of a previously awarded construction contract for the Project due to lack of material availability, and an inability to negotiate a fair price for the replacement material with the contractor. Under the new Project specifications, resurfacing will be accomplished by milling a portion of the existing asphalt concrete pavement and replacing it with a new polymer modified asphalt concrete layer. On May 21, 2019, six sealed bids were received for the construction of the Project. July 9, 2019 Item #5 Page 1 of 6 Staff has completed reviewing the contract documents and found two minor irregularities in the bid from Ramona Paving and Construction. The first irregularity is that the contractor did not list their subcontractors' California State License Board (CSLB) license numbers. Staff cross- referenced the subcontractors' Department of Industrial Relations (DIR) registration numbers and confirmed their valid CSLB licenses. The second irregularity is that the contractor provided proof of their workers compensation insurance only at time of bid. Since time of bid, the contractor provided the necessary proof of Genei''al Liability and Automobile Liability insurance. Staff recommends that City Council waive these minor irregularities under Carlsbad Municipal Code Section 3.28.080(G)(3) at this time in order to award the contract. Staff determined that Ramona Paving and Construction is the lowest responsive and responsible bidder. The contractor's bid is responsive as it meets the requirements of the bidding documents. The bidder is also deemed responsible as they submitted a list of similar projects to show their capability and qualification to perform the specified work. The contract for construction contains general performance standards and references technical specifications, which if not met, allow the city to withhold payment and includes a one-year warranty period. Fiscal Analysis There are sufficient funds available in the Program to complete the Project. Funding for the Program consists of non-jurisdictional fees (generated from trash haulers), Gas Tax Funds, and TransNet-Local Funds available for drawdown from San Diego Association of Governments (SAN DAG). Remaining funds will be used on future pavement rehabilitation and resurfacing projects. The available funds and estimated construction costs for the Project are shown in the following table: PAVEMENT MANAGEMENT PROGRAM, CIP PROJECT NO. 6001 Current Appropriation -Pavement Management Program, CIP No. 6001 $9,671,819 Current Year Expenditures/Encumbrances -Pavement Management $1,014,066 Program, CIP No. 6001 TOTAL AVAILABLE PAVEMENT MANAGEMENT PROGRAM, CIP NO. 6001 $8,657,753 2018 PAVEMENT OVERLAY, CIP PROJECT NO. 6001-lBOL Construction Contract $2,243,236 Construction Contingency $225,000 Construction Management, Inspection, and Testing $225,000 TOTAL ESTIMATED CONSTRUCTION COSTS $2,693,236 REMAINING BALANCE AFTER CIP PROJECT NO. 6001-lBOL $5,964,517 ADDITIONAL APPROPRIATION NEEDED $0 Next Steps Once contract documents are fully executed, staff will issue a purchase order, schedule a pre- construction meeting with the contractor and issue a notice to proceed with construction of the Project. The contract provides three months to construct the Project improvements. July 9, 2019 Item #5 Page 2 of 6 Environmental Evaluation (CEQA) The Project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(c) -minor alteration of existing facilities including streets, sidewalks, gutters, and similar facilities involving negligible or no expansion. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Prior to the start of construction, the public will be notified of the construction activities using media methods such as signage, email, website and other city communication channels. The construction contractor will also be required to notify the public ofconstruction activities via changeable message signs, door hangers, letters to residents, and/or "NO PARKING" signs, as applicable. Exhibits 1. City Council Resolution. 2. Location Map. July 9, 2019 Item #5 Page 3 of 6 RESOLUTION NO. 2019-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AWARDING A CONTRACT TO RAMONA PAVING AND CONSTRUCTION FOR THE CONSTRUCTION OF THE 2018 PAVEMENT OVERLAY, CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 6001-18OL IN AN AMOUNT NOT TO EXCEED $2,243,236. Exhibit 1 WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable, and in the public interest to construct the 2018 Pavement Overlay, CIP Project No. 6001- 18OL (Project); and WHEREAS, on April 16, 2019, the City Council adopted Resolution No. 2019-051 approving plans and specifications and authorizing the re-advertisement for bids for the construction of the Project; and WHEREAS, six sealed bids were received on May 21, 2019 for construction of the Project; and WHEREAS, the lowest responsive and responsible bid was submitted by Ramona Paving and Construction in an amount of $2,243,236; and WHEREAS, staff recommends that pursuant to Carlsbad Municipal Code Section 3.28.080(G)(3), City Council waive the two minor irregularities in the bid from Ramona Paving and Construction; and WHEREAS, there are sufficient Pavement Management Program funds available to complete the Project; and WHEREAS, subsections 3.28.040(C)(5) and 3.28.090(B) of the Carlsbad Municipal Code authorizes the city manager to approve change orders in an amount equal to the contingency set at the time of Project award. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the low bid of $2,243,236 submitted by Ramona Paving and Construction for construction of the 2018 Pavement Overlay, CIP Project No. 6001-18OL, is accepted and the mayor is hereby authorized to execute a contract for the Project, on file in the city clerk's office and incorporated herein by reference. 3. That the city manager or designee is hereby authorized to approve construction change orders up to $225,000. July 9, 2019 Item #5 Page 4 of 6 4. That the award of this contract is contingent upon Ramona Paving and Construction executing the required contract and submitting the required bonds and insurance policies, as described in the contract, within 20 days of adoption of this Resolution. The city manager may grant reasonable extensions of time. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of July, 2019, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher. Hamilton. None. \.iwruw!frtLJl!~ rRBARA ENGLESON, City Clerk (SEAL) ''"11111111 '' 1 "'''' ,,,,, ~ CA b ,,,,✓• ~' Q1~ rt.' "~ ~ \ .--~~\SI ~ ~~---· ~ ·--.~~ 2-/~\-v~ ~Of 1 ;;,:,Ale~ \\~-~/I ~ ~ ·· ... ' .......... ~ % ""' ·--·--·-;;.....,.\r.# ~,,,,, ... 1Fo\"\'":~,,~ 111//1111,1111111111~ July 9, 2019 Item #5 Page 5 of 6 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENT AL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-lSOL BID NO. PWS19-754TRAN(RE-BID) l'\ •+f Revised 6/12/18 Contract No. 6001-18OL Page 1 of 118 Pages TABLE OF CONTENTS NOTICE INVITING BIDS ................................................................................................................... 6 CONTRACTOR'S PROPOSAL ........................................................................................................ 11 BID SECURITY FORM .................................................................................................................... 16 BIDDER'S BOND TO ACCOMPANY PROPOSAL ........................................................................... 17 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM .................... 18 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS .... 20 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ......................................... 21 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION ..................................................... 22 BIDDER'S STATEMENT RE DEBARMENT. .................................................................................... 23 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD ..................................................................... 24 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID26 CONTRACT PUBLIC WORKS ......................................................................................................... 27 LABOR AND MATERIALS BOND .................................................................................................... 33 FAITHFUL PERFORMANCE/WARRANTY BOND ........................................................................... 35 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION ........ 37 GENERAL PROVISIONS SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS .......................................................................................................................... 40 1-3 ABBREVIATIONS ......................................................................................................... .44 1-4 UNITS OF MEASURE. .................................................................................................. .47 1-5 SYMBOLS ...................................................................................................................... 49 SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT ................................................................ .49 2-2 ASSIGNMENT ............................................................................................................... 49 2-3 SUBCONTRACTS ........................................................................................................ .49 2-4 CONTRACT BONDS ...................................................................................................... 50 2-5 PLANS AND SPECIFICATIONS .................................................................................... 52 2-6 WORK TO BE DONE ..................................................................................................... 55 2-7 SUBSURFACE DATA .................................................................................................... 55 2-8 RIGHT-OF-WAY ............................................................................................................ 55 2-9 SURVEYING .................................................................................................................. 56 2-10 AUTHORITY OF BOARD AND ENGINEER ................................................................... 57 2-11 INSPECTION ................................................................................................................. 57 SECTION 3 -CHANGES IN WORK ,, •ff Revised 6/12/18 Contract No. 6001-18OL Page 2 of 118 Pages 3-1 CHANGES REQUESTED BY THE CONTRACTOR. ...................................................... 57 3-2 CHANGES INITIATED BY THE AGENCY ...................................................................... 58 3-3 EXTRA WORK ............................................................................................................... 59 3-4 CHANGED CONDITIONS .............................................................................................. 61 3-5 DISPUTED WORK ......................................................................................................... 63 SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP .............................................................................. 69 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE .................................. 74 SECTION 5 -UTILITIES 5-1 LOCATION ..................................................................................................................... 75 5-2 PROTECTION ................................................................................................................ 75 5-3 REMOVAL ..................................................................................................................... 76 5-4 RELOCATION ................................................................................................................ 76 5-5 DELAYS ......................................................................................................................... 77 5-6 COOPERATION ............................................................................................................. 77 SECTION 6-PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK ............................ 78 6-2 PROSECUTION OF WORK ........................................................................................... 82 6-3 SUSPENSION OF WORK .............................................................................................. 82 6-4 DEFAULT BY CONTRACTOR ....................................................................................... 83 6-5 TERMINATION OF CONTRACT .................................................................................... 83 6-6 DELAYS AND EXTENSIONS OF TIME ......................................................................... 83 6-7 TIME OF COMPLETION ................................................................................................ 84 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY ....................................................... 85 6-9 LIQUIDATED DAMAGES ............................................................................................... 86 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION .................................................. 86 SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES ......................................................... 87 7-2 LABOR ........................................................................................................................... 87 7-3 LIABILITY INSURANCE ................................................................................................. 87 7-4 WORKERS' COMPENSATION INSURANCE ................................................................ 87 7-5 PERMITS ....................................................................................................................... 88 7-6 THE CONTRACTOR'S REPRESENTATIVE .................................................................. 88 7-7 COOPERATION AND COLLATERAL WORK ................................................................ 88 7-8 PROJECT SITE MAINTENANCE ................................................................................... 89 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS ........................ 91 7-10 PUBLIC CONVENIENCE AND SAFETY ........................................................................ 91 7-11 PATENT FEES OR ROYAL TIES .................................................................................... 98 7-12 ADVERTISING ............................................................................................................... 98 ,, •ff Revised 6/12/18 Contract No. 6001-18OL Page 3 of 118 Pages 7-13 LAWS TO BE OBSERVED ............................................................................................. 98 7-14 ANTITRUST CLAIMS ..................................................................................................... 98 SECTION 8 -FACILITIES FOR AGENCY PERSONNEL SECTION 9 -MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK ...................................... 99 9-2 LUMP SUM WORK ........................................................................................................ 99 9-3 PAYMENT ...................................................................................................................... 99 9-4 BID ITEMS ................................................................................................................... 103 SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 -ROCK MATERIALS 200-2 UNTREATED BASE MA TE RIALS ................................................................................ 104 SECTION 203 -BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE ................................................................................................ 104 203-16 POLYMER MODIFIED ASPHALT CONCRETE (PMAC) ............................................ 106 SECTION 206 -MISCELLANEOUS METAL ITEMS 206-7 PORTABLE CHANGEABLE MESSAGE SIGN (PCMS) ............................................ 107 SECTION 213 -ENGINEERING GEOSYNTHETICS 213-5 GEOTEXTILES AND GEOGRIDS ................................................................................ 108 SECTION 214 -TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS ..................................................................... 108 214-6.4 RETROREFLECTIVE PAVEMENT MARKERS ......................................................... 109 PART 3, CONSTRUCTION METHODS SECTION 302 -ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT ............................................................................ 113 302-15 ASPHALT PAVEMENT REPAIRS AND REMEDIATION ............................................. 114 SECTION 314-TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS ......... 115 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKERS .... 116 314-5 PAVEMENT MARKERS ............................................................................................... 117 SECTION 315 -TEMPORARY TRAFFIC CONTROL DEVICES 315-1 TEMPORARY TRAFFIC PAVEMENT MARKERS ........................................................ 117 ,, •+f Revised 6/12/18 Contract No. 6001-18OL Page 4 of 118 Pages 315-2 TEMPORARY TRAFFIC SIGNING ............................................................................... 118 315-4 MEASUREMENT AND PAYMENT ............................................................................... 118 l' •ff Revised 6/12/18 Contract No. 6001-18OL Page 5 of 118 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 am on May 21, 2019, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby. at which time they will be opened and read, for performing the work as follows: Cold mill, pave, and stripe various streets. 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-18OL BID NO. PWS19-754TRAN (RE-BID) INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the City Clerk's Office at 1200 Carlsbad Village Drive, Carlsbad, CA 92008-7314. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1 . Contractor's Proposal 2. Bidder's Bond {'\ •+;' Revised 6/12/18 Contract No. 6001-18OL Page 6 of 118 Pages 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $2,248,869. TIME OF COMPLETION The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIAL TY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not include federal funds. The following classifications are acceptable for this contract: Classification A -General Engineering, or C12: Earthwork and Paving. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at from the City's website http://www.carlsbadca.gov/services/depts/finance/contracting/bids.asp. Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Contract Administrator a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Contract Administrator and distributed via PlanetBids. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as herein before specified. ,, •ff Revised 6/12/18 Contract No. 6001-18OL Page 7 of 118 Pages REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Con-tract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. PRE-BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated, and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Graham Jordan, Contract Administrator graham.jordan@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sheets. The cutoff date to submit questions regarding this project is Wednesday, May 8, 2019. No questions will be entertained after that date. l'-• .., Revised 6/12/18 Contract No. 6001-18OL Page 8 of 118 Pages The answers to questions submitted during the bidding period will be published in an addendum and made available via PlanetBids by Tuesday, May 14, 2019. 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 Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 1 0 ( commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. -{'. •+;' Revised 6/12/18 Contract No. 6001-18OL Page 9 of 118 Pages BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2019-051, adopted on the 16th day of April 2019. April 17, 2019 Date Graham Jordan, Deputy Clerk l' •ff Revised 6/12/18 Contract No. 6001-18OL Page 10 of 118 Pages ' \ C '. --~--::.::, ·s:TNESSED ANC ;-;.r:cc:-::.:::: ' 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-1 SOL CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 ~.~ The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 6001-1 BOL in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item No. 1 2 3 4 5 Approximate Quantity Unit Price Description And Unit (Figures) Mobilization at 1 Stipulated $ 25,000 Twenty five thousand dollars and zero cents. (Price in Words) Public Notification of Work at 1 Lump Sum Thirty three thousand dollars and zero cents. (Price in Words) Traffic Control & Traffic Control 1 Lump Sum Plan at Twent~ five thousand dollars and zero cents. (Unit Price in Words) 2" AC Cold Milling and 114,372 $ .19 Disposal of Grindings at Square Feet Twenty one thousand seven hundred thirty dollars and sixty eight cents. (Price in Words) 2.5" AC Cold Milling and 888,620 $ .20 Disposal of Grindings at Square Feet One hundred seventy seven thousand seven hundred twenty four dollars and zero cents. (Price in Words) Total Amount (Figures) $ 25,000 $ 33,000.00 $ 25,000.00 $ 21,730.68 $ 177,724.00 " • ., Revised 6/12/18 Contract No. 6001-18OL Page 11 of 118 Pages ,. ' \ Item No. Description Approximate Quantity And Unit Unit Price (Figures) 6 7 8 9 10 11 12 13 4.5" AC Cold Milling and Disposal of Grindings at 19,000 Square Feet $ .65 Twelve thousand three hundred fifty dollars and zero cents. (Price in Words) PG 64-28PM C2 at 16,142 Tons $ 107.20 One hundred seven dollars and twenty cents. (Unit Price in Words) PG 76-22PM C2 at 550 Tons $ 144.oo One hundred forty four dollars and zero cents. (Unit Price in Words) Replace Traffic Signal Detector Loops Type Eat 13 Each Seven hundred fifty dollars and zero cents. (Unit Price in Words) Install Blue Fire Hydrant Markers at Thirty seven dollars and zero cents. (Unit Price in Words) 32 Each Install Temporary Pavement 1 Lump Sum Markers at $ 750.00 $ 37.00 One thousand five hundred dollars and zero cents. (Unit Price in Words) Signing, Striping, Thermo, and 1 Lump Sum RPM's per Plans and MUTCD at One hundred eight thousand dollars and zero cents. (Unit Price in Words) Replace water valve boxes and 137 Each $ 125.00 adjust to grade at One hunderd twenty five dollars and zero cents. (Unit Price in Words) l' .., Revised 6/12/18 Contract No. 6001-18OL $ Total Amount (Figures) 12,350.00 $ 1,730,422.40 $ 79,200.00 $ 9,750.00 $ 1,184.00 $ 1,500.00 $ 108,000.00 $ 17,125.00 Page 12 of 118 Pages ( Item No. 14 Approximate Quantity Description And Unit Replace monument boxes and 10 Each adjust to grade at One hundred twenty five dollars and zero cents (Unit Price in Words) Unit Price (Figures) $ 125.00 Total Amount (Figures) $ 1,250.00 Total amount of bid in words (Item No.(s) 1-14): Two million two hundred forty three thousand two hundred thirty six dollars and eight cents. Total amount of bid in numbers (Item No.(s) 1-14): $_2_,_2_4_3 ..... 2_3_6_._0_8 __________ _ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). __ N_o_n_e ______ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 795526 , classification A, B, C-12, HAZ which expires on 05/31/2021 , and Department of Industrial Relations PWC registration number 1000005430 which expires on 06/30/2019 , 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 § 7028.1 S(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. l\ • ., Revised 6/12/18 Contract No. 6001-18OL Page 13 of 118 Pages Accompanying this proposal is -~B~id~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-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted ___________________ _ (2) Signature (given and surname) of proprietor __________________ _ (3) Place of Business ___________________________ _ (Street and Number) City and State _____________________________ _ (4) Zip Code _______ _ Telephone No. _______________ _ (5) E-Mail ______________________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted ___________________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business ___________________________ _ (Street and Number) City and State ___________________ _ ~)~pC~e ______ _ Telephone No. ________________ _ (5) E-Mail ____________________ _ l' • ., Revised 6/12/18 Contract No. 6001-18OL Page 14 of 118 Pages IF A CORPORATION, SIGN HERE: cted Ramona Paving & Construction Corp President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of _C_a_lif_o_rn_ia _____ _ (4) Place of Business __ 13_0_3_O_Iiv_e_S_t. ____________________ _ (Street and Number) City and State Ramona, California (5) Zip Code __ 92_0_6_5 ____ _ Telephone No. _7_6_0-_7_8_8-_2_8_4_7 _________ _ (6) E-Mail info@ramonapaving.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE A TT ACHED 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: Thomas Theaker I President / VP / Secretary l' ..,-Revised 6/12/18 Contract No. 6001-18OL Page 15 of 118 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On May 16, 2019 before me, Annette M. Hathaway, Notary Public (insert name and title of the officer) personally appeared Thomas Theaker who proved to me on the basis of satisfactory evidence to be the persol'lk81 whose name I are-" sJJJ?scribed to the within instrument and acknowle~d to me tha@~oey-executed the s me in ~heif'authorized capacity!iesr, and that by · berlthei-rsignature'8ron the instrument the person(s}, or the entity upon behalf of which the perso~ 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. WITNESS my hand and official seal. ) .ANNEm' M~ HATHAWAYi 0 ' COMM.# 212804-4 n C) -• NOTARY PUBLIC -CALIFORNIA Ill • SAN DIEGO COUNTY 0 ~ v <P.: <P <;>~· !!'!e 5!P~ 24Jo.J;t Signatur (Seal) BID SECURITY FORM (Check to Accompany Bid) 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-18OL PWS19-754TRAN (RE-BID) (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check paya to the order of CITY OF CARLSBAD, in the sum of _________________________ _ _______________________ '---_dollars($ _______ ~, this amount being ten percent (10%) of the total amount oft bid. The proceeds of this check shall become the property of the City provided this proposal sha e accepted by the City through action of its legally constituted contracting authorities and the un rsigned shall fail to execute a contract and furnish the required Performance, Warranty and Pal'. ent Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shal e returned to the undersigned. The proceeds of this check shall also become the property of the Ity if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after th date set for the opening thereof, unless otherwise required by law, and notwithstanding the aw a of the contract to another bidder. Ramona Paving & Construction Corp. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) l' •;, Revised 6/12/18 Contract No. 6001-18OL Page 16 of 118 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, Ramona Paving & Construction, Corp., as Principal, and U.S. Specialty 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 BID AMOUNT for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-18OL PWS19-764TRAN (RE-BID) in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this_. ___ 3_o_th ______ day of ___ A...;..p_ril ____ , 20_1_9 __ (Sign ure) 7\\c,MIA,,$ :t\it:;f\Us,R. /~9:,'ip lOe-1:?J: (Print NamefTitle) U.S. Specialty Insurance Company (SEAL) .6--r1/!= r-cienature) Bart Stewart, Attorney-in-Fact (Print NamefTitle) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney 0¥, f:__jC .lb(' Deputy City Attorney 0 Revisec:16112/18 Contract No. 6001-180L Page 17 of 118 Pages TOKIO MARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Bart Stewart of Encinitas, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Ten Million****** Dollars { **$10,000,000.00•• ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of June, 2018. State of California County of Los Angeles 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, accurac , or validi of that document On this pt day of June, 2018, before me, Sonia 0. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I.ft ft ft ft ft ;;,:07CA~ ft ft ( . I ,,Jf\, · ' c!:.=.iii:n · (}~ • • Notti'/ Publlc • C.ltlornlf ( Signature --~r-"o~111i.,-~a.u~""lt''I"'-----(seal) 11r""""'.bplrnA11rn,1Cn I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed ti1~ ~eals of .$aid Companies at Los Angeles, California this SQ+b. day of Ars?t• I , ZOl".f . Corporate Seals Bond No. Agency No. ....;.1.;c..054"--'-'1 _____ _ > HCCSMANPOA06/2018 visit tmhcc.com/surety for more information 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 } County of San Diego } On 04/30/2019 before me, -----"'----.,,..,..,>.......,.'--,---,-,-..,.....,.,,+,,,.,,.....,.,=..,.,,.,=c------ personally appeared _B_a_rt_S_te_w_a_rt __________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-s-)(@are subscribed to the within instrument and acknowledged to me that ~he/they executed the same in@ler/their authorized capacity(ies), and that by ~er/their signature(&) 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. Notary Public Signature ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT {Title or description of attached document) {Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact □ Trustee(s) □ Other _________ _ 2015 Version WNvv.NotaryClasses.com 800-873-9865 I....... ERIN ELYSE HAUGH l ~ , Commi11ion No, 2227679 it ' NOTARY PUBLIC -CALIFORNIA ! SAN DIEGO COUNTY i L CommilSi0n e.pies JalWy e. 2022 j ea) INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and al/ached to the document. Acknolwedgentsfrom other states may be completed for documents being sent to that state so long as the wording does not require the California nota,y to violate California notary !mt'. • 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 /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. • 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). • Securely attach this document to the signed document with a staple. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual wh::> signed the document to which this certificate is attached, and not the truthfulness, accuracy, or val dity of that document. State of California County of SAN DIEGO On April 30, 2019 before me, Annette M. Hathaway / Notary Public (insert name and title of the officer) perscnally appeared Thomas Theaker , who proved to me on the basis of satisfactory evidence to be the~son.(stWhose nam~ ~scribed to the within instrument and acknowl~d to me th~sheltb.9y executed the same in ~h.eirauthorized capacity(iesr,and that b~_b.8.F/tbetf-signature~on the instrument the person'81, or the entity upon behalf of which the person(sracted, 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. WITNESS my hand and official seal. <> <:, c, <> <> rOn :O A aOn ◊ A O A 1 ).. . ANNETTE M. HATHAWAY? 0 COMM.# 2128044 C) •• • NOTARY PUBLIC • CALIFORNIA G)O SAN DIEGO COUNTY L <h> v ~M!'· :;':~ S3'~!:..20;1 ~ (Seal) GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be deter-mined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. l' • ., Revised 6/12/18 Contract No. 6001-18OL Page 18 of 118 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777. 7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. l' •,; Revised 6/12/18 Contract No. 6001-18OL Page 19 of 118 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-18OL PWS19-754TRAN (RE-BID) The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Subcontractor Name Phone No. DIR Subcontractor's Amount of Portion and and Email Registration License No. and Work by of Work Subcontract Location of Business Address No. Classification or in Dollars* Striping Statewide Strioes 858-560-6887 1000001334 C32,C33, D38 $ 102 092.00 7320 Mission Gorae Rd San Diego, CA 92120 Loops Perrv Electric 619-449-0045 1000012332 C10 $ 9100.00 9260 Isaac St #G Santee CA 92071 Page _1 __ of _1 __ pages of this Subcontractor Designation form Ramona Paving & Construction Corp. • 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. 6001-18OL Page 20 of 118 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-18OL PWS19-754TRAN (RE-BID) The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Address Name and Phone No. Amount Contract of the Employer of Person to Type of Work of Completed Contract Contract SEE ATTACHMENT " .., Revised 6/12/18 Contract No. 6001-18OL Page 21 of 118 Pages RAMONA PAVING AND CONSTRUCTION CORPORATION LIST OF COMPLETED PROJECTS As of May 16, 2019 Project Description of Bidder's Work Completion Cost of Bidder's Contact Person Information Date Work/Contract Amount 2018 City of San Diego JOC S16 San Ysidro Park ADA improvements 01/31/2018 $584,923.06 Paul Bowden 619-533-3040 pbowden @sandiego.gov 202 C Street Sa n Diego, CA 92101 Picador Slope Restoration 01/16/2018 $203,853.01 Ricardo Sanchez 858-495-4758 ricsanchez@sandiego.gov 9573 Chesapeake Drive San Diego, CA 92123 Talmadge Historic Gates Gate Rest oration 01/19/2018 $580,940.74 Paul Bowden 619-533-3040 pbowden@sandiego.gov 202 C St reet San Diego, CA 92101 El Cajon & 59th ADA & Intersection Improvement 02/01/2018 $202,132.84 Scott Turner Install accessi ble pedestrian push 858-627-3203 button poles & signals. ADA spturner@sandiego.gov compliant curb ramps, sidewalks, patching & stripes 202 C Street San Diego, CA 92101 Hard Courts Resurfacing 02/01/2018 $240,000.00 Paul Bowden 619-533-3040 i;1bowden@sandiego.gov 202 C Street La Jolla Mesa Sidewalk Improvement 01/12/2018 $116,288.72 Loretta Williams Install new sidewalk, curb & gutter, Project Description of Bidder's Work Completion Cost of Bidder's Contact Person Information Date Work/Contract Amount street widening, pavement markings, 858-654-4443 striping & signage. llwilliams@sandiego.gov 600 B Street, Suite 600 San Diego, CA 92123 NCAS Demo animal corrals, existing 01/31/2018 $602,079.56 Michael Pietrazak concrete, excavation, concrete 858-694-2175 underpinnings, trench, install hand Michael.Qietrzak(a)sdcounty.ca.gov rails, replace concrete, install doors 5560 Overland Avenue San Diego, CA 92123 Morena Sewer and Water GJ 809 Soil 03/02/2018 $119,344.24 Paul Bowden Transport 619-533-3040 Transport 2,000cy of archeologically pbowden@sandiego.gov sensitive soil from Rose Canyon & 202 C Street Imperial Beach to Wruck Canyon Site San Diego, CA 92101 City of Carlsbad ADA Improvement 04/01/2018 $620,266.00 Graham Jordan 760-602-2462 Graham.jordan@carlsbad.ca.gov 1200 Carlsbad Village Drive Carlsbad, CA 92008 Del Mar Track Authority Asphalt improvements 01/19/2018 $450,000.00 David Parsons 858-755-1161 ext 204 d12arsons@sdfair.com 2260 Jimmy Durante Boulevard Del Mar, CA 92014-2216 RMWD Santa Maria Sheeting, shoring, bracing, 03/31/2018 $728,450.00 Ricardo Soto Sewer install water main and new 760-788-2260 assembly, gate valve, blow off, rsoto@rmwd.org air valves, fire hydrants 105 Earlham Street Ramona, CA 92065 City of San Diego Emergency Repair 12/31/2018 Varies depending on Antoinette Sanfilippo Project Description of Bidder's Work Completion Cost of Bidder's Contact Person Information Date Work/Contract Amount project details 619-533-3439 asanfili12o@sandiego.gov 1010 Second Avenue, Suite 1400 San Diego, CA 92101 Chimney Canyon Slope Repair 12/31/2018 $555,582.13 Paul Bowden 619-533-3040 pbowden@sandiego.gov 202 C Street San Diego, CA 92101 Doyle Park Park Improvement 12/31/2018 $183,425,.47 Jess Arcillas 619-533-4625 jarcillas@sandiego.gov 9753 Chesapeake Drive San Diego, CA 2017 City of Lemon Grove Street rehab 06/30/2017 $130,870.00 Malik Tamimi 619-825-3821 CDBG Golden Ave mtamimi@lemongrove.ca.gov 3232 Main Street Lemon Grove, Ca. 91945 Montgomery Gibbs Install/ repair asphalt patches 02/27/2017 $29,350.27 Ricardo Sanchez Airport at the airport 858-495-4758 ricsanchez@sandiego.gov 9573 Chesapeake Drive San Diego, CA 92123 City of San Diego JOC S16 Academy St ADA & Sidewalk improvement 11/04/2017 $275,471.87 Lateef Mhaimeed Install new sidewalk, curb & gutter, 858-495-4713 and striping. lmhaimeed@sandiego.gov 9573 Chesapeake Drive, MS18 Project Description of Bidder's Work Completion Cost of Bidder's Contact Person Information Date Work/Contract Amount San Diego, CA 92123 Lindo Lake Install modular wetland unit 12/31/2017 $213,228.11 Prince Dumaran and underground utilities 619-236-1178 prince.dumara@weareharris.com 600 B Street, Suite 2000 San Diego, CA 92101 City of Santee Patching, overlay, curb, gutter, 10/30/2017 $727,632.00 Steve Miller sidewalk, driveway, ramps, and 619-258-4100 striping smiller@cityofsanteeca.gov 10601 Magnolia Avenue Santee, CA 92071 County of San Diego David Salud Cactus Park Install bio swale per grades 07/05/2017 $522,713.81 858-694-8906 indicated on draining David.salud@sdcounty.ca.gov Grossmont UHSD Remove and replace existing 06/29/2016 $500,000.00 Scott Wilkins Paving District wide asphalt, striping, and seal To 619-644-8151 CN-495 coating, remove and reinstall 06/29/2017 swilkins@guhsd.net wheel stops 1100 Murray Drive, El Cajon CA 92020 Olivenhain MWD Install Class II road base and 12/31/2017 $28,437.00 Chad Williams seal coat 760-753-6466 ewilliams@olivenhain.com 1966 Olivenhain Road Olivenhain, CA 92024 SDCEA San Vicente Resort Paving Rehabilitation 12/31/2017 $216,493.00 Garry Williams 760-789-3788 garry.williams@sdcea.net 24157 San Vicente Road Ramona, CA 92065 Project Description of Bidder's Work Completion Cost of Bidder's Contact Person Information Date Work/Contract Amount SunPower Parking lot rehabilitation 12/31/2017 $831,000.00 Denise Fan GHUSD 714-787-3824 denise.fan@sunpower.com 2125 E Katella Avenue Anaheim, CA 92806 2016 County of San Diego General engineering projects 04/01/2015 $2,500,000.00 Justin Votava JOC 210 to 858-694-89214 03/31/2016 Justin.votava@sandiego.ca.gov 5560 Overland Avenue San Diego, CA 92123 County of San Diego Various locations of general 04/01/2015 $2,500,000.00 Justin Votava JOC 215 engineering projects To 858-694-89214 03/31/2016 Justin.votava@sandiego.ca.gov 5560 Overland Avenue San Diego, CA 92123 2015 City of Encinitas Install sidewalks and curb 08/30/2015 $150,000.00 John Ugrob Concrete Work ramps 760-633-2854 jubrob@encinitasca.gov 505 South Vulcan Avenue Encinitas, CA 92024 City of San Diego Install bike path and storm 07/01/2014 $1,300,000.00 Paul Bowden Poway Bike Path water runoff To 619-533-3040 06/30/2015 pbowden@sandiego.gov 202 C Street San Diego, CA 92101 Project Description of Bidder's Work Completion Cost of Bidder's Contact Person Information Date Work/Contract Amount County of San Diego AC paving 08/31/2015 $4,500,000.00 Tim Manzano JOC 196 858-694-2527 Tim.manzano@sdcounty.ca.gov 5560 Overland Avenue, Suite 2600 San Diego, CA 92123-1294 County of San Diego AC paving 10/30/2015 $4,500,000.00 Orland Mott JOC 201 858-694-2527 Orland.mott@sdcounty.ca.gov 5560 Overland Avenue, Suite 2600 San Diego, CA 92123-1294 GUHSD Parking lot rehabilitation 07/29/2015 $500,000.00 Dena Johnson Yearly AC Contract 619-644-8150 djohnson@guhsd.net 1100 Murray Drive El Cajon, CA 92020-5664 GUHSD Remove and replace AC parking 08/15/2015 $172,000.00 Scott Wilkins Westhills High School lot 619-644-8151 swilkins@guhsd.net 1100 Murray Drive El Cajon, CA 92020-5664 2014 City of Santee Storm drain improvements 11/2014 $1,879,000.00 Steve Miller Woodside Avenue at 619-258-4100 Magnolia Avenue smiller@cityofsanteeca.gov 10601 Magnolia Avenue Santee,CA 92071 City of San Diego Curb ramps, runway 03/01/2012 $2,000,000.00 Farid Sadeghipour GRC Sll Sitework resurfacing, installation of To 619-533-3789 guardrails on various streets 02/28/2014 fsadeghipour@sandiego.gov and airports 9485 Aero Drive San Diego, CA 92123 Project Description of Bidder's Work Completion Cost of Bidder's Contact Person Information Date Work/Contract Amount City of Escondido Street and sidewalk 03/31/2014 $400,000.00 George Bennett maintenance 760-807-8455 gbennett@escondido.org 201 North Broadway Escondido, CA 92025 City of Santee Street improvements and 04/30/2014 $1,800,000.00 Steve Miller Buena Vista and rehabilitation, CMP pipe 619-258-4100 Railroad Avenue replacement, storm drain smiller@cityofsanteeca.gov 10601 Magnolia Avenue Santee,CA 92071Santee,CA City of National City PCC Concrete curb ramps, 05/31/2014 $1,143,339.00 Josh Johnson 8th Street traffic signals, retaining walls, 619-794-0182 AC paving jjohnson@nationalcity.ca.gov 1243 National City Boulevard National City, CA 91950-4301 City of Chula Vista Parking lot rehabilitation 09/30/2014 $180,180.00 Mike Schedine 619-397-6119 mschedine@chulavista.ca.gov 276 Fourth Avenue Chula Vista, CA 91910 City of Chula Vista Pump station rehabilitation 09/30/2014 $588,715.00 Joselito Castillo Hilltop Drive 619-397-6081 jcastillo@chulavista.ca.gov 276 Fourth Avenue Chula Vista, CA 91910 SANDAG Extend NB lane on Harbor Drive 09/30/2014 $1,193,314.00 Steve Gilbert Port Access at Cesar Chavez Parkway. 619-235-9214 Improvements Install concrete curb and Steve.gilbert@sandag.gov 10th Avenue Terminal gutter, median, traffic signal 401 B Street, Suite 800 modification, install steel arch San Diego, CA 92101 banner sign ,. . . . BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-1 BOL PW519-754TRAN (RE-BID) As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: □ Comprehensive General Liability □ Automobile Liability □ Workers Compensation □ Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. l' • ., Revised 6/12/18 Contract No. 6001-18OL Page 22 of 118 Pages "' Client#· 1706776 303RAMONPAV ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 6/13/2019 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~}(IU'.'" 1 Marie Guerard McGriff Insurance Services rtgN:o Ext\: 619 231-1010 / ,,vc, Nol: 6192369134 750 B Street Suite 2400 E-MAIL ADDRESS: San Diego, CA 92101 INSURER($) AFFORDING COVERAGE NAIC# 619 231-1010 INSURER A : Executive Risk lndomnlty Inc 35181 INSURED INSURER B : Novlgotorw Speclolty Insurance company 36056 Ramona Paving and Construction INSURER C : F-.-.11nauronce Company 20281 Corporation INSURERD: 1303 Olive Street Ramona, CA 92065 INSURERE: -~ INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER 1,&Wfl&~ 1,&Wfl&~ LIMITS I LTR INSR WVD A X COMMERCIAL GENERAL LIABILITY 54309796 10/01/2018 10/01/2019 EACH OCCURRENCE $1 000 000 ,__ ~ CLAIMS-MADE [!] OCCUR ~~~~~H9ifa~~rPencel ,__ s50.000 X Bl/PD Ded:5,000 MED EXP (Any one person) $5,000 ,__ PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl li1PRO-nLOC $2,000,000 POLICY ~ JECT PRODUCTS -COMP/OP AGG OTHER: $ ~ AUTOMOBILE LIABILITY 54309795 10/01/2018 10/01/2019 COMBINED SINGLE LIMIT s1,000,000 .,, tEa accident\ -X ANYAUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED _!_ NON-OWNED ~P~?~&:~i1;.;.t?AMAGE $ AUTOS ONLY AUTOS ONLY $ B UMBRELLA LIAB ~ OCCUR SE18EXC84412 10/01/2018 10/01/2019 EACH OCCURRENCE $3 000 000 -X EXCESS LIAB CLAIMS-MADE AGGREGATE s3 000 000 DED I I RETENTION s $ C WORKERS COMPENSATION 54309797 10/01/2018 10/01/2019 X l~~~TIITI= I l~JH-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 yes, describe under $1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERA TIO NS / LOCATIONS / VEHICLES (ACORD 101, Addition al Remarks Schedule, may be attached If more space Is required) Certificate is subject to policy limits, conditions and exclusions. Re: 2018 Pavement Overlay -Contract #6001-180L. PLOS19-754 TRAN. The City, its officials, employees and volunteers are named additional insured(AUGL)per captioned operations of the named insured. Coverage is primary and non contributory. Waiver of subrogation applies (AUGUWC). CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD c/o Exigis Insurance Compliance Services PO Box 4668-ECM #35050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE 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 #S23768640/M23382309 MGGUE -0~ / ../ Policy:54309795 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form. 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b. -CANCELLATION -of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown.in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhaus\ed its Limit of Insurance under any other policy; or (c) 180 days or more,after its acquisition or formation by you, unless you have given us written nqtice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2) The "auto" is leased without a driver. Such leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You; 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above. D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However, such person or organization is an "insured" only: Form: 16-02-0292 (Rev.-4~11) Page I of3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" (1) with respect to the operation, maintenance or use of a covered "auto"; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) The permit has been issued to you. 3. FELLOW EMPLOYEE COVERAGE EXCLUSION 8.5. -FELLOW EMPLOYEE -of SECTION II -LIABILITY COVERAGE does not apply. 4. PHYSICAL DAMAGE -ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. -TRANSPORTATION EXPENSES -of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1,000. 5. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4. -COVERAGE EXTENSIONS -of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add the following: c. Unpaid Loan or Lease Amounts In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a covered "auto" minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/lease payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; , c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and _. .. · e. Carry-over balances from previous loans or leases. We will pay for any unpaidamount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered "auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4. -COVERAGE EXTENSIONS -of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1. $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to, or "loss" of, that vehicle, including income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss"; and 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. 7. EXTRA EXPENSE -BROADENED COVERAGE Paragraph A.4. ~ COVERAGE EXTENSIONS -of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered "auto" to you. 8. AIRBAG COVERAGE Paragraph 8.3.a. -EXCLUSIONS -of SECTION Ill -PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. 9. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT -BROADENED COVERAGE Paragraph C.2. -LIMIT OF INSURACE -of SECTION Ill -PHYSICAL DAMAGE is deleted and replaced with the following: 2. $2,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. Form: 16-02-0292 (Rev. 4-11) Page 2 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. -DEDUCTIBLE -of SECTION Ill -PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.-DEDUCTIBLE-of SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued tb you by us that is not an automobile policy or Coverage Form applies to the same "accident", the following applies: 1. If the deductible u·nder this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM,.SUIT OR LOSS Paragraph A.2.a. -DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV -BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when the "accident" is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, .if.you are a limited liability company; or _ · (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an "accident", claim, "suit" or "loss" by ·other per.sorJs. does not imply that the persons lis.ted above have such knowledge. Notice to us shQuld include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured'.s" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBRO.GATION Paragraph A.5. -TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV -BUSINESS AUTO CONDITIONS is deleted and replaced with .the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for :·loss" to which this insurance applies, provided the "insured" has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such "loss". To the extent that the "insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived,·those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. -CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV -BUSINESS AUTO CONDITIONS -is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 15. AUTOS RENTED BY EMPLOYEES Paragraph 8.5. ~ OTHER INSURANCE of SECTION IV -BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 16. HIRED AUTO -COVERAGE TERRITORY Paragraph B.7.b.(5).(a) -POLICY PERIOD, COVERAGE TERRITORY of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (a) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of -SECTION V -DEFINITIONS is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the "bodily injury" sustained by that person. Form: 16-02-0292 (Rev. A;.} I) Page 3 of 3 "In.eludes copyrighted material of Insurance Services Office, Inc. with its permission" • , :.~ \. •• i POLICY NUMBER: 54309796 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies-ihsurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or OrQanization(s) Location And Description Of Completed Operations Per written contract ,, \ .. / -~ : ,· . --\ , ,, Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an addit_ional 'rn$yred the person( s) or organization(s) shoWl:'l'.in.tbe Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; 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. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 54309796 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies· ihsurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Per written contract ·, .... , ... " ,. ; ' Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown. in the Schedule, but 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 omissiqns of those acting on your behalf; . in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies 'to the extent permitted by law; and 2. If coverage pr:ovide<d tp the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader-than that which you are required by the contract or agreement to provide for such additional insured. :~ •;; l • B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: · · · 1. Required by the contract or agreement; 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. Page 2 of2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 Policy:54309796 COMMERCIAL GENERAL LIABILITY Form 10-02-1800 (Rev. 09-17) COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declara- tions, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II -Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I -COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY . 1. Insuring Agreement a. We will pay damages that the insured be- comes legally obligated_to pay for "bodily inju- ry" or "property· damage" to which this insur- ance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seek- ing damages for rbodily injury" or "property damage" to which this insurance does not ap- ply. We may, at our di~cretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section Ill -Limits Of Insurance; and (2) Our right an_d. duty to defend ends when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Cov~rages A or B or medi- cal expenses under Coverage C. No other obligation .or liability to pay sums or perform acts or ·services is covered unless ex- plicitly provided -for under Supplementary Payments -Cover.ages ·A and B. b. This insurance applies· to "bodily injury" and "property damage" ·phly if: (1) The "bodily injury'.'. qr "property damage" is caused by an "occurrence" that takes place in the "coverage; territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II -Who Is An Insured and no "employee" authorized by you to give or receive notice of an "oc- currence" or claim, knew that the "bodily in- jury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any con- tinuation, change or resumption of such "bodily injury" or "property damage" will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed un- der Paragraph 1. of Section II -Who Is An In- sured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other in- surer; (2) Receives a written or verbal demand or claim for damages for the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has oc- curred or has begun to occur. d. Damages for "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" arising out of an act that: (1) Is expected or intended from the standpoint of the insured; or (2) Would be expected or intended from the standpoint of a reasonable person in the circumstances of the insured; Form 10-02-1800 (Rev. 09-' 17) Includes copyrighted material of ISO Properties, Inc., with its permission Page 1 of 16 to cause "bodily injury" or "property damage", even if the actual "bodily injury" or "property damage" is of a different degree or type than intended or expected. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force t6 protect persons or proper- ty. b. Contractual Liability' · "Bodily injury" o,r "pr<;>perty damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. THis exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement. . c. Liquor Liability "Bodily injury" or "prooerty damage" for which any person or organization may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing· 6f alcoholic beverages to a person under the legal drinking age or un- der the influence ofalcohol; (3) Any statute, ordina~be'or regulation relating to the sale, ·gift',: di_str\bution or use of alco- holic beverages; or (4) Providing or failing to provide transportation with respect to any person that may be un- der the influence of alcohol in connection with any circumstances described in c.(1 ), (2), or (3) above. This exclusion applies· only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, consump- tion of alcoholic beverages brought on your premises (whether or not a fee is charged or a license is required for SIJCh activity) will not be deemed, in itself, to constitute the business of furnishing, selling or serving alcoholic bever- ages. d. Workers' Compe~~ation And Similar Laws Any obligation of thf:l jrmured under a workers' compensation, disa.t;,ility-. benefits or unem- ployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or {b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share dam- ages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- tract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, re- lease or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or .lessee of such premises, site or location has been added to your pol- icy as an additional insured with re- spect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any in- sured, other than that additional in- sured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the han- dling, storage, disposal, processing or treatment of waste; Page 2 of 16 Includes copyrighted material of ISO Properties, Inc., with its permission Form 10-02-1800 (Rev. 09-17) (c) Which are or were at any time trans- ported, handled, stored, treated, dis- posed of, or processed as waste by or for: · (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any .premises, site or location on which any insured or any contractors or subcontractQrs wprking directly or in- directly on any °h1sured's behalf are per- forming operations if the "pollutants" are brought on or to the premises, site or lo- cation in connection with such opera- tions by such insured, contractor or subcontractor. However, this subpara- graph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or me- chanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other op~rating fluids escape from a vehicle part ·designed to hold, store or receive them. This exception does not· apply· if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or re- lease of the fuels, lubricants or other operating fluids, or if such fuels, lub- ricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being per- formed by .such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or . vapors from materials brought into that building in connec- tion with operations being performed by you or ·on your behalf by a con- tractor or subcontractor; or (iii) "Bodily injury;, or "property damage" arising out.at.heat, smoke or fumes from a. "t,osw~ (ifEl". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- forming operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef- fects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or "suit" by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, clean- ing up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages for "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental au- thority. g. Aircraft, Auto Or Watercraft "Bodily injury;' or "property damage" arising out of the ownership, maintenance, use or en- trustment to others of any aircraft, "auto" or wa- tercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employ- ment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrust- ment to others of any aircraft, "auto" or water- craft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; Form 10-02-1800 (Rev. 09~ 17) Includes copyrighted material of ISO Properties, Inc., with its permission Page 3 of 16 (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed undet any "insured con- tract" for the ownership, maintenance or use of aircraft or~watercraft; or (5) "Bodily injury" or "property damage" arising out of: · '' : · (a) The ope~atf6ri'• of ri1~chinery or equip- ment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or fi- nancial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equip- ment". · h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of"mobile equipment" by an "auto" owned or operated by or rented or loaned to any in,su~ed; or (2) The use of "mobile equipment" in, or while in practice for, or; while being prepared for, any prearranged ~acing, speed, demolition, or stunting activity. i. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premise~·; (3) Property loaned't0 you; (4) Personal property in the care, custody or control of the insured; (5) That particular part· of real property on which you or any contractors or subcontrac- tors working. dir~ctly or. indirectly on your behalf are performing operations, if the "property da~age•:, arises out of those op- erations; or .. '\•.. .:~·-· ... (6) That particular. part;iof any property that must be restored, repaired or replaced be- cause "your. work" was incorrectly per- formed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the con- tents of such premises, rented to you for a pe- riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Section Ill -Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard". j. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. k. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a sub- contractor. I. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that. has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dan- gerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. m. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or ex- pense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, re- placement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; Page 4 of 16 Includes copyrighted material of ISO Properties, Inc., with its permission Form 10-02-1800 (Rev. 09-17) if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect: 1,defitiency, inadequacy or dangerous condition-ir., it • ,._._. . . ~ .' n. Personal And Advertising Injury "Bodily injury0 ar,isin~_p!,Jt,pf "advertising injury'' or "personal injury". .· · o. Access To Or Disclosure Of Confidential Or Personal Information And Data-Related Liability Damages arising out of: (1)Any access to or disclosure of any person's or organization's confidential or personal in- formation, including patents, trade secrets, processing methods, customer lists, finan- cial information, credit card information, health information or any other type of non- public information; or (2)The loss of, loss of use of, damage to, cor- ruption of, inability to access, or inability to manipulate electronic data. This exclusion applies; even if damages are claimed for notification ·costs, credit monitoring expenses, forensic• expenses, public relations expenses or· aoy_. other. !oss, cost or expense incurred by you . or ·others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages be- cause of "bodily injury''. As used in this exclusion, electronic data means information; ·f~tts or programs stored as or on, created or·used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, . tapes, · drives, cells, data pro- cessing devices or any' other media which are used with electronically controlled equipment. Exclusions c. through m. 'do. not apply to damage by fire to premises while rent~d to you or temporarily occupied by you with . permission of the owner. A separate limit of insurance:.apolies to this coverage as described in Section.llf\, .. Limits Of Insurance. 1 , 1 ,., COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay damages that the insured be- comes legally obligated to pay for "advertising injury" or "personal injury" to which this insur- ance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seek- ing damages for "advertising injury" or "per- sonal injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section Ill -Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Payments -Coverages A and B. b. This insurance applies to "advertising injury'' or "personal injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Advertising injury'' or "personal injury" arising out of an offense committed by or on behalf of the insured, that: (1) Is intended by such insured; or (2) Would be expected from the standpoint of a reasonable person in the circumstances of such insured; to cause injury. b. Publications With Knowledge Of Falsity "Advertising injury" or "personal injury'' arising out of any electronic, oral, written or other pub- lication of content or material by or with the consent of the insured: (1) With knowledge of its falsity; or (2) If a reasonable person in the circumstances of such insured would have known such content or material to be false. Form 10-02-1800 (Rev. 09~. , , Includes copyrighted material of ISO Properties, Inc., with 17) · · its permission Page 5 of 16 c. Prior Offenses "Advertising injury" or "personal injury" arising out of any offense first committed before the beginning of the policy period. d. Crime Or Frau~ : '';' ., ,1)•.·• .. • - "Advertising injury" or ''personal injury" arising out of any criminal· or fraudulent conduct com- mitted by or with the consent or knowledge of the insured. e. Contracts "Advertising injury" or "personal injury" for which the insured is obligated to pay damages by reason of assumption of liability in a con- tract or agreement. This exclusion does not apply to the liability for damages: (1) That such insured would have in the ab- sence of such contract or agreement; or (2) Assumed in a written contract or agreement that is an "insured contract", provided the "advertising injury" or "personal injury" to which this insurance applies is caused by an offense first committed after the execu- tion of such contractor agreement. f. Breach Of Contract "Advertising injury" or "personal injury" arising out of breach of contract g. Failure To Conform To Representations Or Warranties "Advertising injury" or "personal injury'' arising out of the failure of goods, products or services to conform with any electronic, oral, written or other representation or warranty of durability, fitness, performance, quality or use. h. Wrong Description Of Prices "Advertising injury" or "personal injury'' arising out of the wrong description of the price of goods, products or services. i. Media Type BLisin~sse.s "Advertising injury"· .Qr "personal injury" arising out of an offense committed by or on behalf of an insured whose business is advertising, broadcasting, . ~abl~casting, publishing, tele- casting or telei'nark'eting. This exclusion· do~s riotfapply to "personal inju- ry'' caused by an offense described in Para- graphs 21. a., b. and c. of the definition of "personal injury" under the Definitions Section. j. Internet Activities "Advertising injury" or ''personal injury'' arising out of: (1) Controlling, creating, designing or develop- ing of another'.s Internet site; . : . . (2) Controlling, creating, designing, developing, determining or providing the content or ma- terial of another's Internet site; (3) Controlling, facilitating or providing, or failing to control, facilitate or provide, access to the Internet or another's Internet site; or (4) Publication of content or material on or from the Internet, other than material developed by you to or.at your direction. k. Continuing Offenses "Advertising injury" or "personal injury" that arises out of that part of an offense that contin- ues or resumes after the later of the end of the policy period of: (1) This insurance; or (2) A subsequent, continuous renewal or re- placement of this insurance, that: (a) Is issued to you by us or by an affiliate of ours; (b) Remains in force while the offense con- tinues; and (c) Would otherwise apply to "advertising injury" and "personal injury". I. Pollution "Advertising injury" or "personal injury" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, release or escape of /'pollutants" at any time. m. Pollution-Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or assessing the effects of, "pollutants". n. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal infor- mation, including patents, trade secrets, pro- cessing methods, customer lists, financial in- formation, credit card information, health information or any other type of nonpublic in- formation. Page 6 of 16 .. l.nc;:ludes copyrighted material of ISO Properties, Form 10-02-1800 (Rev. 09-17) ' .. _; Inc., with its permission This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other.joss, cost or expense incurred by you or_. others arising out of any access to or disclqs!Jre ,-of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury'' caused by an accident: '. . (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "cover- age territory" ~nd during the policy peri- od; (b) The expenses· are incurred and reported to us withirr one year of the date of the accident; and · · (c) The injured person submits to examina- tion, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap- plicable limit of insurance. We will pay reason- able expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, iiidi.i'ding prosthetic devic- es; and (3) Necessary ambulance, hospital, profes- sional nursing and funeral services. 2. Exclusions We will not pay expens"es'i~r '.'bodily injury": . . . , ._ ) a. Any Insured· , , ·:.• To any insured, exoept "volunteer workers". b. Hired Person · To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured. on that part of premises you own or rent that the person normally occu- pies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are . payable or must be provided under a workers'. compensation or disability benefits Jaw or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products-Completed Operations Hazard Included within the "products-completed opera- tions hazard". g. Coverage A Exclusions Excluded under Coverage A. COVERAGE FORM EXCLUSIONS The following exclusions apply to all Coverages in this Coverage Form and all endorsements attached to it. 1. Asbestos, Silica Or Similar Compounds, Including Mixed Dust a. This insurance does not apply to any damages, loss, cost or ~xpense arising out of the actual, alleged or threatened contaminative, pathogen- ic, toxic or other hazardous properties of: (1) "Asbesto~·•: (2) "Silica"; or (3) "Mixed dust". b. This insurance does not apply to any damages, loss, cost or expense arising, in whole or in part, out of any: (1) Demand, order, request or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess; or (2) Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or as- sessing; the effects of "asbestos", "silica" or "mixed dust". 2. Employment-Related Practices This insurance does not apply to any damages, loss, cost or expense sustained at any time by: a. Any person, whether or not sustained in the course of employment by any insured, arising out of any employment-related act, omission, policy, practice or representation directed at Form 10-02-1800 (Rev .. ~.~;,, Includes copyrighted material of ISO Properties, Inc., with Page 7 of 16 17) . . its permission ' .... t~ ::: .• ,· ,, such person, occurring in whole or in part at any time, including any: (1) Arrest, detention or imprisonment; (2) Breach of any 'express or implied cove- nant; (3) Coercion, criticism,. humiliation, prosecu- tion or retaliation; (4) Defamation or .disparagement; (5) Demotion, discipline, evaluation or reas- signment; · · (6) Discrimination, harassment or segrega- tion; (7) (a) Eviction; or (b) Invasion or other violation of any right of occupancy; (8) Failure or refusal to advance, compensate, employ or prorpote; (9) Invasion or other violation of any right of privacy or. publicity; (10)Termination of,e1J1ployment; or (11 )Other employment-related act, omIssIon, policy, practice, representation or relation- ship in connection with any insured at any time. · b. The brother, child, parent, sister or spouse of such person at whom· any employment-related act, omission, policy, practice or representation is directed, as described in paragraph a. above, as a consequence thereof. This exclusion applies: i. Whether the insured may be liable as an em- ployer or in any other capacity; and ii. To any obligation to share damages with or repay someone elsa'y.,ho must pay damages because of any of'tnP. foregoing. 3. Enhancement, Mainte'nanc~ Or Prevention Ex- penses This insurance does Mt-apply to any loss, cost or expense incurred by you ,or others for any: a. Enhancement or maintenance of any proper- ty; or b. Prevention of any injury or damage to any: (1) Person or organization; or (2) Property you pwn: rent or occupy. 4. Fungi Or Bacteria This insurance does not apply to: a. "Bodily injury"; "property damage", "personal injury" or "advertising injury" arising out of the actual, alleged or threatened contaminative, pathogenic, toxic or other hazardous properties of."fungi" or bacteria. b. Any damages, loss, cost or expense arising out of any: (1) Demand, order, request or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess; or (2) Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, re- moving, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing; the. e~ects of "fungi" or bacteria. 5. Information Laws, Including Unauthorized Or Unsolicited Com_munications This insurance does not apply to any damages, loss, cost'or expense arising out of any actual or alleged violation of: a. The United States of America CAN-SPAM Act of 2003 (or any law amendatory thereof) or any similar regulatory or statutory law in any other jurisdiction; b. The United States of America Telephone Con- sumer Protection Act (TCPA) of 1991 (or any law amendatory thereof) or any similar regulato- ry or statutory law in any other jurisdiction; c. The United States of America Fair Credit Re- porting Act (FCRA) (or any law amendatory thereof including the Fair and Accurate Credit Transactions Act (FACTA)) or any similar regu- latory or statutory law in any other jurisdiction; or d. Any other reg1,1latory or statutory law in any ju- risdiction that ·1addresses, limits or prohibits the collecting, communicating, disposal, dissemina- tion, distribution, monitoring, printing, publica- tion, recording, sending or transmitting of con- tent, information or material. 6. Intellectual Property Laws And Rights This insurance does not apply to any damages, loss, cost or expense arising out of, giving rise to or in any way related to any actual, alleged or threatened: a. Assertion; or b. Infringement or violation; Page 8 of 16 ',;',)npludes copyrighted material of ISO Properties, Inc., with its permission Form 10-02-1800 (Rev. 09-17) by any person or organization (including any insured) of any "intellectual property law or right". Further, this insurance does not apply to the entirety of all allegations in_ any claim or "suit", if such claim or "suit" includes an allegation of or a reference to an infringement or violation of any "intellectual property · law or right", even if this insurance would otherwise apply to any part of the allegations in the claim o.r "s.uit". This exclusion applies unless the only infringement or violation of an "intellectual property law or right" is an offense described in the definition of "advertising injury" to which this insurance applies. 7. Lead a. This insurance does not apply to any damages, loss, cost or expense arising out of the actual, alleged or threatened contaminative, pathogenic, toxic or other hazardous properties of "lead". b. This insurance doe~ n.ot apply to any damages, loss, cost or expense arising, in whole or in part, out of any:. (1) Demand, order, request or regulatory or statutory requirement that any insured or others test for, ,nonitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond ,to, or assess; or (2) Claim or proceeding by or on behalf of a governmental: a4t~ority or others for any damages, loss, cost. or expense because of testing for, monitoring, cleaning up, remov- ing, containing, tre·ating, detoxifying or neu- tralizing, or in any way responding to, or as- sessing; the effects of "lead". ' 8. War This insurance does not: apply to any damages, loss, cost or expense, however caused, arising, di- rectly or indirectly, out of: , a. War, including undeclared or civil war; b. Warlike action by a military force, including ac- tion in hindering or defending against an actual or expected attack,s by any government, sover- eign or other authority using military personnel or other agents;.or / ·. c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental author- ity in hindering or defending against any of these. SUPPLEMENTARY PAYMENTS-COVERAGES A ANDB ' ' We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: 1. All expenses we incur. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of ,any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonqs. 3. The cost of bond,s to release attachments, but only for bond amounts within the applicable limit of in- surance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or de- fense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. 5. All court costs taxed against the insured in the "suit". However, these payments do not include at- torneys' fees or attorneys' expenses taxed against the insured. 6. Prejudgment interest awarded against the insured on that, part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 7. All interest on th.e full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. SECTION II -WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are in- sureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spectto the·conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their du- ties as trustees. Form 10-02-1800 (Rev. 09~' ', Includes copyrighted material of ISO Properties, Inc., with Page 9 of 16 17) 1 ~ '• :, "' its permission · 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnerstiip, joint venture or lim- ited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: ' · · · 1 • • (1) "Bodily injury", "advertising injury" or "per- sonal injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited li- ability company), to a co-"employee" while in the course of his or her em- ployment or performing duties related to the conduct of ypur business, or to your other "volunteer workers" while perform- ing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volun- teer worker" as a consequence of Para- graph (1 )(a) -above; (c) For which there· is any obligation to share damageswith or repay someone else who must pay damages for the in- jury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services.-'· ·. (2) "Property da_m_age" t~ property: (a) Owned, oc<,upi~d-or used by, (b) Rented to, iii the care, custody or con- trol of, or over which physical control is being exercised for any purpose by you, any of your· "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you-,ate a limited liability com- pany). b. Any person (ottier tha·n your "employee" or "volunteer worker"), or any organization while acting as your real esta!e manager. c. Any person or · org'arifzation having proper temporary custody of your property if you die, but only: (1) With respect to. liability arising out of the maintenance or Lise of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That repre- sentative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named In- sured if there is no other similar insurance availa- ble to that organization. However.coverage under this provision is afforded only until the 90th day af- ter you acquire or form the organization or the end of the policy period, whichever is earlier. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. No person or organization is an insured with respect to the: a. Ownership, maintenance or use of any assets; or b. Conduct of any person or organization whose assets, business or organization; you acquire, either directly or indirectly, for any: a. "Bodily injury" or "property damage" that occurred; or b. "Advertising injury" or "personal injury'' arising out of an offense first committed; in whole or in part, before you, directly or indirectly, acquired such assets, business or organization. SECTION Ill -LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits'\ 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; and b. Damages under Coverage A, except damages for "bodily injury" or "property damage" includ- ed in the "products-completed operations haz- ard". 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages for "bodily injury" and "property damage" included in the "products-completed operations hazard". Page 10 of 16 .Includes copyrighted material of ISO Properties, · Inc., with its permission · Form 10-02-1800 (Rev. 09-17) 4. The Personal and Advertising Injury Aggregate Limit is the most we will pay for the sum of dam- ages under Coverage B. 5. Subject to Paragraph 2, or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C for all "bodily injury" and•"property damage" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages for "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with per- mission of the owner. 7. Subject to Paragraph 5. above, the Medical Ex- pense Limit is the most we will pay under Cover- age C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance 6f this Coverage Part apply separately to each consecutive annual period and to any remaining period of le$s than 12 months, starting with the beginning of the policy period shown in the Declarations, unless .the .policy period is extended after issuance for an additionalperiod of less than 12 months. In that case, the · additional period will be deemed part of the last preceding period for purposes of determining the Limits of ,Insurance. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy ' .. ,,. Bankruptcy or insolv~n~y of. the. insured or of the insured's estate .will not. .reJfeve us of our obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an. "occurrence" or an offense which may result in a .claim. To the extent pos- sible, notice should. inciude: (1) How, when and where the "occurrence" or offense took place; . (2) The names and )i:ddresses of any injured persons and ~itnesse~; and (3) The nature and location of any injury or damage arising. aut.of the "occurrence" or offense. :,_ .. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit:• ahd 'tile pate received; and ~ ' ' •-I . ' (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured for injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of ·insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverag- es A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Para- graph b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insur- ance by the method described in Paragraph c. below. Form 10-02-1800 (Rev. 09- 17) Includes copyrighted material of ISO Properties, Inc., with its permission Page 11 of 16 b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess,'contingent or on any other basis: · (i) That is Fire, · Extended Coverage, Builder's Risk, · Installation Risk or similar coverage for "your work"; (ii) That is Fire· insurance for premises rented to you or temporarily occu- pied by . .you 'with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rent- ed to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft. (b) Any other primary insurance available to you covering liability for damages aris- ing out of.the premises or operations, or the products and completed operations, for which you. have been added as an additional ,insufed. (2) When this insur~11ce .. i~ excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty· to .defend the insured against that "sliit''. If no other insurer de- fends, we will undertake to do so, but we will be entitled· , . .to. the insured's rights against all those other rnsurers. (3) When this insurancie is excess over other insurance, we will'pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of 1all 'deductible and self- insured amounts. under all that other in- surance.· . ,·. (4) We will share Jh~ ,remaining loss, if any, with any other insurance that is not de- scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the ·limits of Insurance shown in the Declaratio~s of t~fs Coverage Part. ·, j .:._: {., c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method al- so. Under this approach each insurer contrib- utes equal amounts until it has paid its appli- cable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable lim- it of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years after- wards. c. The first Named Insured must keep records of the information we need for premium computa- tion, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: . a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Or Waiver Of Rights Of Recovery Against Others To Us We will waive the right of recovery we would oth- erwise have had against another person or organ- ization, for loss to which this insurance applies, provided the insured has waived their rights of re- covery against such person or organization in a contract or agreement that is executed before such loss. Page 12 of 16 · Includes copyrighted material of ISO Properties, Inc., with its permission Form 10-02-1800 (Rev. 09-17) To the extent that the insured's rights to recover all or part of any payment made under this Cover- age Part have not been waived, those rights are transferred to us. The insured must do nothing af- ter loss to impair them. At 'our request, the insured will bring "suit" or tr.artsler those rights to us and help us enforce them_ .... ,.,.:· . ; .· 1 This condition does not apply to Coverage C. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products orservices. "Advertisement" does ·not include any e-mail ad- dress, Internet domain name or other electronic address or metalanguage. 2. "Advertising injury'' means injury, other than "bodi- ly injury'', "property damage" or "personal injury", sustained by a person 'br'organization and caused by an offense of infringiog, in that particular part of your "advertisement" .about your goods, products or services, upon their:' , · a. Copyrighted "advertisement"; or b. Registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. 3. "Asbestos" means asbestos in any form, including its presence or use in any alloy, by-product, com- pound or other material or waste. Waste includes materials to be recycled; reconditioned or re- claimed. · 4. "Auto" means: a. A land motor vehicie; ~h,iiler or semitrailer de- signed for travel on P,Ublic roads, including any attached machinery or equipment; or b. Any other land vehicle, that is subject to a com- pulsory or financial responsibility law or other motor vehicle insutance law where it is li- censed or principallf 'g'araged. ·, ',I ,,•,. I' However, "auto" doei; not include "mobile equip- ment". 5."Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to oc- cur at the time of the physical injury, sickness or disease that caused it. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or dam- age arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Advertising injury" or "personal injury" offenses that take place through the Inter- net or similar electronic means of commu- nication provided the insured's responsibility to pay dam- ages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employ- ee" does not include a "temporary worker". 8. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. 9. "Fungi" means any type or form of fungus, includ- ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. 10."Hostile fire" means one which becomes uncontrol- lable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, defi- cient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; Form 10-02-1800 (Rev.'09-' 17) . . _Includes copyrighted material of ISO Properties, Inc., with its permission Page 13 of 16 if such property can be restored to use by the re- pair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a l~ase of premises. However, that portion of the contract for a lease of prem- ises that indemnifies ·any· person or organiza- tion for damage by fire to premises while rent- ed to you or temi,orarfly occupied by you with permission of the owr:t.er.is not an "insured con- tract"; · b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any otlier contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay. for '.'podily injury" or "property damage" to a thirp,pl;lrson or organization. Tort liability means a liabjlity that would be imposed by law in the . abs~rice of any contract or agreement. : -~ ,: ;: , . .', Paragraph f. does not include that part of any contract or agreemE;int: (1) That indemnifies a railroad for "bodily inju- ry" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel,' underpass or crossing; . . . (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, apprqving, or failing to pre- pare or approye; maps, shop drawings, opinions, rep9rts,'· surveys, field orders, change orders 'o)'drawings and specifi- cations; or · ' . · ;~ ~'..J _' I (b) Giving dir.ectiqn~ or instructions, or failing to giv~ t~em, jf that is the primary cause of the,injµJ}' or damage; or (3) Under which the. insured, if an architect, engineer or surve,yor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in (2) above and supervisory, inspection, ar- chitectural or engineering activities. 13. "Intellectual property law or right" means any: a. Certification mark, copyright, patent or trade- mark (including collective or service marks); b. Right to, or judicial or statutory law recognizing an interest in, any trade secret or confidential or proprietary non-personal information; c. Other right to, or judicial or statutory law rec- ognizing an interest in, any expression, idea, likeness, name, slogan, style of doing busi- ness, .symbol, title, trade dress or other intel- lectual property; or d. Other judicial or statutory law concerning pira- cy, passing off or similar practices. 14. "Lead" means the element lead in any form, in- cluding its presence or use in any alloy, by- product, compound or other material or waste. Waste includes materials to be recycled, recondi- tioned or reclaimed. 15. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 16. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or ''auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, water- craft or "auto'',to the place where it is finally de- livered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not at- tached to the aircraft, watercraft or "auto". 17. "Mixed dust" means any combination or mixture of "asbestos" or "silica" and any other dust, fibers or particles, in any form, including any presence or use in any alloy, by-product, compound or other material or waste. Waste includes materials to be recycled, reconditioned or reclaimed. 18. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; Page 14 of 16 Includes copyrighted material of ISO Properties, ·: ·., Inc., with its permission Form 10-02-1800 (Rev. 09-17) .,J _t d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road con~tructl6~' 6r'resurfacing equipment such as graders: strapers or rollers; e. Vehicles not desci-ltied ;·iii; Paragraph a., b., c. or d. above that ·are ·riot self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the follow- ing types: (1) Air compressors,' pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or car- go. However, self-propelled. vehicles with the fol- lowing types of permanently attached equip- ment are not . "mol)ile equipment" but will be considered "autp!t: , .. , .. (1) Equipment desigoed primarily for: (a) Snow removal;• (b) Road maintenan~e. but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile. or truck chassis and used to raise or lower workers; and (3) Air compressor~. _pumps and generators, including spraying, ,welding, building clean- ing, geophysical exploration, lighting and well servicin~ equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehi- cle insurance law where: it \s licensed or principally garaged. Land vehicle$· sutiject to a compulsory or financial responsibility' f~w or other motor vehicle insurance law are c6Midered "autos". 19. "Occurrence" meatis ·~H'-"ac'ddent, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 20. "Personal and advertising injury" means: a. "Advertising injury''; or b. Personal injury''. 21. "Personal injury" means injury, other than "bodily injury", "property damage" or "advertising injury", caused by an offense of: a. False arrest, false detention or other false im- prisonment; b. Malicious prosecution; c. Wrongful entry into, wrongful eviction of a person froni or other violation of a person's right of private occupancy of a dwelling, prem- ises or robin that such person occupies, if committed by or on behalf of its landlord, les- sor or owner; or d. Electronic, oral, written or other publication of material that: (1) Libels or slanders a person or organiza- tion (which does not include disparage- ment of goods, products, property or ser- vices); or (2) Violates a person's right of privacy. 22. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 23. "Products-completed operations hazard": a. lnclude·s all "bodily injury" and "property dam- age" occurring away from premises you own or rent and arising out of "your product" or "your work" except: · (1) Products that are still in your physical pos- session; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the fol- lowing times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your con- tract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than -another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: Form 10-02-1800 (Rev. 09- 17) · . Includes copyrighted material of ISO Properties, Inc., with its permission Page 15 of 16 (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unlo~frJJng" of that vehicle by any insured; ' · · ' ;, i. ;.j \ •' i ~ (2) The existehce ,Pf •.~ols, \.minstalled equip- ment or aba11<;ton,ed 9r unused materials; or (3) Products or operations for which the classi- fication, listed in the Declarations or in a policy schedule, states that products- completed operations are subject to the General Aggregate Limit. 24. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur- rence" that caused.it·. For the purposes of this insurance, electronic data is not tangible property/, ; , ,' As used in this definition, electronic data means information, facts or programs -stored as or on, created or used 'on,, or:tr.ahstnitted to or from com- puter software, including.:systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically con- trolled equipment. 25. "Silica" means silica in any form (including sili- cates or other similar silicon compounds), includ- ing its presence or use in any alloy, by-product, compound or other· matE;irial or waste. Waste in- cludes materials to be· repycled, reconditioned or reclaimed. ' 26. "Suit" means a civil proceeding in which damages for "bodily injury", '"prop~rty'damage" or "personal and advertising injury" t6 which this insurance ap- plies are alleged. "Suit" includes: a. An arbitration pl"ocei'ed\'n·g in which such dam- ages are claimed' and to which the insured must submit or does,rsubmit with our consent; or ,.,.-· .f·r.:·:·,· b. Any other alternatiVt'3 "(jfspute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our con- sent. 27. "Temporary worker" means a person who is fur- nished to you to. substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. · · 28. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 29. "Your product": a. Means:· · (1) Any goods or products, other than real property,'_manufactured, sold, handled, dis- tributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose busi- ness or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your prod- uct"; and (2) The providing of or failure to provide warn- ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth- ers but not sold .. 30. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your work", and (2) The providing of or failure to provide warn- ings or instructions. Page 16 of 16 ' \)ricludes copyrighted material of ISO Properties, Form 10-02-1800 (Rev. 09-17) , . Inc., with its permission .. :: '1: POLICY NUMBER: 54309796 COMMERCIAL GENERAL LIABILITY 10-02-2461 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ' .. :-....,._.,:· ,-,, ,· PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Location Of Covered Operations: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) -~ With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV - COMMERCIAL GENE.RAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under this policy provided that: (1) The Additional Insured is a named insured under such other insurance; and (2) You have agreed in writing in a contract or agreement th~t ,-thiir:, Insurance would be primary and would nor seek contribution from any other insurance available to the Additional Insured. . ; ... ,' ' ~ I .,',< ., 10-02-2461 (Ed. 7-15) .. Includes copyrighted material of Insurance Services Office, Inc., with its permission. ·,: .. ; 1;· \ Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY ...-v; '\I: WC 99 03 04 (Ed. 7-08) .. ~ , ,,. WAIVER OF OUR RldHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 10/01/2018 at 12:01 A. M. standard time, forms a part of (DATE) Policy No. 54309797 of the issued to Ramona Paving ahd Construction Corporation Endorsement No. (NAME OF INSURANCE COMPANY) Executive Risk Indemnity, Inc. Authorized Representative We have the right to recover our payments from anyone liable for an injurycovered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be o.oo % of total California premium. Person or Organization Any Person or organizaiton for whom the named insured has agreed· by written contract to furnish this waiver \ . \ ' l ; -~ ; _: WC 99 03 04 (Ed. 7-08) Schedule Job Description BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-18OL PWS19-754TRAN (RE-BID) 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Thomas Theaker / President (print name/title) Page _I_ of _j__ pages of this Re Debarment form l' • ., Revised 6/12/18 Contract No. 6001-18OL Page 23 of 118 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-18OL PWS19-754TRAN (RE-BID) Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _l__ of ;1...,,, pages of this Disclosure of Discipline form l' • .,. Revised 6/12/18 Contract No. 6001-18OL Page 24 of 118 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-18OL PWS19-754TRAN (RE-BID) 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. N.A. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Thomas Theaker / President (print name/title) Page~ of~ pages of this Disclosure of Discipline form " • ., Revised 6/12/18 Contract No. 6001-18OL Page 25 of 118 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: PUBLIC CONTRACT CODE SECTION 7106 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-18OL PWS19-754TRAN (RE-BID) Ramona Paving & Construction Corp. I am the President of ______ , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on May 20 , 20~ at Ramo [city], --¥'-''-,I--[state]. l' .., Revised 6/12/18 Contract No. 6001-18OL Page 26 of 118 Pages CONTRACT PUBLIC WORKS This agreement is made this \ 0-¥-../\ day of--......-........ ~---------' 20 (/, by and between the City of Carlsbad, California, a municipal c oration, (hereinafter called "City"), and Ramona Paving & Construction Corporation whose principal place of business is 1303 Olive Street, Ramona, CA 92065 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: (hereinafter called "project") 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-1 SOL PWS19-754TRAN (RE-BID) 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. ,, •+;' Revised 6/12/18 Contract No. 6001-18OL Page 27 of 118 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. ,, •+; Revised 6/12/18 Contract No. 6001-18OL Page 28 of 118 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an "occurrence" basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using ,~ •ff Revised 6/12/18 Contract No. 6001-18OL Page 29 of 118 Pages separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California l'\ •ff Revised 6/12/18 Contract No. 6001-1 SOL Page 30 of 118 Pages Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (8) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it {'\ •+;' Revised 6/12/18 Contract No. 6001-18OL Page 31 of 118 Pages may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) municipal corporation of sign here) ~;J.=_;;;;e.s......_s -=-l-'--=', ~ sa.c.L--........;;=--+--/_~-~=~ cl-_.____.____,_M,~er (print name an8titfe) 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 ~e _/2 / Deputyltorney 7S l' •,;' Revised 6/12/18 Contract No. 6001-18OL Page 32 of 118 Pages ,1 ►\\ ) ;:-, _..._ .. l. -...<►\\. )(.\ :-,.;•• I :--;<)\\ , 1(,.\ ,,:,,;··. l ,ct\\" I o.'I ::--,,··. (." :-,.;<1\\ .l·.I) ,.\I::--,••. ( .....,,,\11. ;flt,.\,·....,- Callfomla 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 County of San Diego S.S. On June 12, 2019 before me, Annette M. Hathaway, Notary Public personally appeared --=T=h=o=m=a=s--'T=-=h=e=a=k-=er:...._ __________________ _ who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/sre-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(.fes.), and that by his/her/their signature(&) 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. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ________ _ containing __ pages, and dated ________ _ The signer(s) capacity or authority is/are as: lndividual(s) Attorney-in-fact Corporate Officer(s) _____________ _ Guardian/Conservator Partner -Limited/General Trustee(s) Other: ________________ _ representing: _______________ _ J .NNETTE M~ Hi-.-ii'.iAWAl'f () COMM.# 2128044 C) • NOTARY PUBLIC -CALIFORNIA G)O SAN DIEGO COUNTY ~ -v <7 <> v :?~· !;<':E; S~;_,240 20~9 l Method of Signer Identification Proved to me on the basis of satisfactory evidence: form(s) of identification credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: _________ _ Other Additional Signer Signer(s) Thumbprints(s) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On June 12, 2019 before me, Annette M. Hathaway / Notary Public (insert name and title of the officer) personally appeared Jess Libsack , who proved to me on the basis of satisfactory evidence to be th~rson'87 whose name~~ ~scribed to the within instrument and acknowled~d to me th h lleltRey executed the same in ~tl,etf authorized capacity(i,Qaj-, and that by JJ.!§/hefltheif-sig ure(ar-on the instrument the person'8r; or the entity upon behalf of which the person~acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur Bond No. 1001120407 *Premium Included In Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Ramona Paving & Construction Corporation {hereinafter designated as the "Principal"), a Contract for: 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-1 SOL PWS19-754TRAN (RE-BID) in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Ramona Paving & Construction Corporation, as Principal, (hereinafter designated as the "Contractor''), and U.S. Specialty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWO MILLION TWO HUNDRED FORTY-THREE THOUSAND TWO HUNDRED THRITY-SIX AND EIGHT CENTS Dollars ($2,243,236.08), said sum being an amount equal to: One hundred percent {100%} of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. ft ~, Revised 6/12/18 Contract No. 6001-18OL Page 33 of 118 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _f=2.,~tl. __ _ day of -a-L,yuL '2O_19 __ CONTRACTOR: By: __ __. ________ ,..-:::;;....._ ___ _ (sign here) 71 I M...S Jheg_k'if (print name here) J?res,cl~ ~ Secreko.(- (title and organization of signatory) By: _____________ _ (sign here) (print name here) (title and organization of signatory) Executed by SURETY this ____ 12_t_h __ day of _____ J_u_n_e ______ , 20_1~9 __ SURETY: U.S. Specialty Insurance Company (name of Surety) 801 South Figueroa Street, Suite 700; Los Angeles, CA 90017 (address of Surety) (619) 702-8368 /'.,/lephonerry Sureo/) r By: -----4~~"""""-----=-~--------(slgnature of Attorney-in-Fact) Bart Stewart, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officef signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney n/7 By: ~ .c'C~ Deputy City Attorney ~ ~ Revised 6/12/18 Contract No. 6001-]SOL Page 34 of 118 Pages TOKIO MARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Bart Stewart of Encinitas, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Ten Million****** Dollars ( **$10,000,000.00** ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of June, 2018. State of California County of Los Angeles 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, accurac , or validi of that document On this 1st day of June, 2018, before me, Sonia 0. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. J·• ft ft ft O ;;.;o.9~ 0 ft f . I , Catnmlulon 122i,◄1, -~~~ . . ~ . ~=.;=nto ' Signature ----~a:A1ii1111.1o~bY...,,'I''-----(seal) MJContm,bplrn,1ptz1,2022 I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed thfl saals of said Companies at Los Angeles, California this lt+~ day of lune ' '20" . Corporate Seals Bond No. 100 \\::Z..64 01 Agency No. _1_054_1 _____ _ , HCCSMANPOA00/2018 visit tmhcc.com/surety for more information 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 } County of San Diego } On 06/12/2019 before me, ____ ....._ __ _,,.,..,,....,-"-,-...,....,..,.......,....,..,...~....,.,.,,...,....,.,,..,.,...,....----- personally appeared _B_a_rt_S_t_e_w_a_rt __________________ _ who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s-)(©are subscribed to the within instrument and acknowledged to me that ~he/they executed the same in@ler/their authorized capacity(ies), and that by ~er/their signature(&) on the instrument the person(&), 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. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description 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 _________ _ 2015 Vers1or1 \WNI NotaryClasses.com 800-873-9865 l •-ERIN El YSE HAUGH t -· · Commission No. 2227679 ~ i NOTARY PUBLIC• CALIFORNIA ] SAN DIEGO COUNTY 3 I Commi8Sion Expires J&fUIIY 6, 2022 I INSTRUCTIONS FOR COMPLETING THIS FORM Th1sform complies with current California statutes regarding notary· wording and, if needed. should be completed and attached to the document. Acknolwedgentsfrom other states may be completed for documents being sent to that state so long as the wording does not require the California nota,y to violate California nota,y /mr. • 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 f!e/she/#tey;-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. • Signature of the notary public must match the signature on file with the oftice 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). • Securely attach this document to the signed document with a staple. Califomia 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 County of San Diego S.S. On June 12, 2019 before me, Annette M. Hathaway , Notary Public personally appeared --=T""'h=o=m=a=s--=T=h=e=a=ke=r'--------------------- who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are-subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/her/their authorized capacity(~. and that by his/herftheir signature(&} 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. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a ., document titled/for the purpose of ________ _ containing __ pages, and dated ________ _ The signer(s) capacity or authority is/are as: lndividual(s) Attorney-in-fact Corporate Officer(s) _____________ _ Guardian/Conservator Partner -Limited/General Trustee(s) Other: ________________ _ representing: Method of Signer Identification Proved to me on the basis of satisfactory evidence: form(s) of identification credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: _________ _ Other . Additional Signer Signer(s) Thumbprints(s) Resolution of Board of Directors Whereas, Ramona Paving & Construction Corp., a corporation, desires to enter into business transactions from time to time with Public Agencies throughout San Diego County. RESOLVED, that any one of the persons named below are hereby authorized and empowered for and on behalf of and in the name of the corporation and as its corporate act and deed. Various Public Works projects Project: throughout San Diego County Company: Ramona Paving and Construction Corporation Address: 1303 Olive Street City, State, Zip: Ramona, CA 92065 Date: December 31, 2001 Subject: Authorized Signatory To affirm signatory authorization, or to delegate signatory authorization, the persons identified below must be owners or officers of the company. If delegating signatory authorization, both names must appear and remain current. (1) (2) Thomas H. Theaker Print Name of Authorized Signatory Signature of Authorized Signatory President Title of Authorized Signatory Title of Authorized Signatory ,. Bond No. 1001120407 *Premium: $22,366.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Ramona Paving & Construction Corporation, (hereinafter designated as the "Principal"), a Contract for: 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-1 SOL PWS19-754TRAN (RE-BID) in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, Ramona Paving & Construction Corporation, as Principal, (hereinafter designated as the "Contractor''), and U.S. Specialty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWO MILLION TWO HUNDRED FORTY-THREE THOUSAND TWO HUNDRED THRITY-SIX AND EIGHT CENTS Dollars ($2,243,236.08), 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 $ecured 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. ft {.4' Revised 6/12/18 Contract No. 6001-18OL Page 35 of 118 Pages .. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall , ,., not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this --"'-p_._"th-___ _ dayof \Jl,ut.Q_. 1 20 19 --- CONTRACTOR: Ramona Paving & Construction, Corp. By:_~_na~meo-f~~z~~- (sign here) 71,,o »10 > ~e_ili C: (print name here) By: (sign here) (print name here) (Title and Organization of signatory) Executed by SURETY this 12th day of June 20 19 -----------~ SURETY: U.S. Specialty Insurance Company (name of Surety) 801 South Figueroa Street, Suite 700; Los Angeles, CA 90017 (address of Surety) (619) 702-8368 (telephone number of Surety) By: a#\ (signature of Attorney-in-Fact) Bart Stewart, Attorney-in-Fact (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By:~n--,.,....1 £~A'----¥--, ,/ __ Deputy Ci~ey 0 ft {.J Revised 6/12/18 Contract No. 6001-18OL Page 36 of 118 Pages TOKIO MARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Bart Stewart of Encinitas, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Ten Million•••••• Dollars ( **$10,000,000.00•• ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of June, 2018. State of California County of Los Angeles 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, accurac , or validi of that document On this 181 day of June, 2018, before me, Sonia 0. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. ,8. 0 ft ft ft ~o.ft~ • ft f , ,, Caffimtulon I 2llt479 • Signature --~t--",aM11111l:~;:,o,::;111...r.,,,_---(seal) ~""""'.t,q,1,,..ipr21,1011 l!)?o~ • •' . ~=..-=•I• f I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Wit/less Whereof, l~ereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 11.-~ day of _ __.~----=-----· 'tOl'\ . Corporate Seals Bond No. 100\\'t..OLfOJ Agency No. _1-'-0"-54_1 _____ _ Kio Lo, AssiSecretary > HCCSMANPOA06/2018 visit tmhcc.com/surety for mo1s information 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 } County of San Diego } On 06/12/2019 before me, ----~-----,n.,,,,,_~.,,.,,..,=7--=""'fT.=--cr.,,..,..-,=c-=------ p er son a II y appeared _B_a_rt_S_t_e_w_a_rt __________________ _ who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s-)(@are subscribed to the within instrument and acknowledged to me that ~he/they executed the same in@ler/their authorized capacity(ies), and that by ~er/their signature(&) on the instrument the person(&), 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. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT {Title or description 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 _________ _ 2015 \/er s1,1n vvv,w~JotaryClasses.com 800-873-9865 ! .,. .... '-.. ERIN ELYSE HAUGH t i'i: ' . Commission No. 2227679 ► ~ NOTARY PUBLIC -CALIFORNIA ~ t SAN DIEGO COUNTY ! ~ CommisSion Expi'es Janua,y 6, 2022 ~ INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with rnrrent California s/atutes regarding nolGIJ' wording and, if needed should be completed and a/lached to the document. Acknolwedgenlsfrom other stales 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. • 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/tl½ey, is 1-) 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. • 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). • Securely attach this document to the signed document with a staple. Callfomla 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 County of San Diego S.S. On June 12, 2019 before me, Annette M. Hathaway I Notary Public personally appeared _ ___!cT..:.:h:..:a:o..:..:m~a""'s_,T"°h.:..::e:..::a.:..::ke"'-'r'--__________________ _ who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/a-re-subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(-ies), and that by his/her/their signature(&) 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. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ________ _ containing __ pages, and dated ________ _ -The signer(s) capacity or authority is/are as: lndividual(s) Attorney-in-fact Corporate Officer(s) _____________ _ Guardian/Conservator Partner -Limited/General Trustee(s) Other: ________________ _ representing: Method of Signer Identification Proved to me on the basis of satisfactory evidence: form(s) of identification credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: _________ _ Other . Additional Signer Signer(s) Thumbprints(s) Resolution of Board of Directors Whereas, Ramona Paving & Construction Corp., a corporation, desires to enter into business transactions from time to time with Public Agencies throughout San Diego County. RESOLVED, that any one of the persons named below are hereby authorized and empowered for and on behalf of and in the name of the corporation and as its corporate act and deed. Various Public Works projects Project: throughout San Diego County Company: Ramona Paving and Construction Corporation Address: 1303 Olive Street City, State, Zip : Ramona, CA 92065 Date: December 31, 2001 Subject: Authorized Signatory To affirm signatory authorization, or to delegate signatory authorization, the persons identified below must be owners or officers of the company. If delegating signatory authorization, both names must appear and remain current. (1) (2) Print Name of Authorized Signatory Signature of Authorized Signatory President Title of Authorized Signatory Title of Authorized Signatory OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is -----------------------------hereinafter called ------------------------------ 11 Contractor" and whose address is ----------------------- hereinafter --------------------------------called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the · City and Contractor for 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-18OL PWS19-754TRAN (RE-BID) in the amount of ____________ dated ______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. {'\ •+;' Revised 6/12/18 Contract No. 6001-18OL Page 37 of 118 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title _____ --=--F..:..:..I N..:.:..A...:..:.N~C=-=E=--=D..:.:.IR-=E=C=:;_T:.....:O=R--'------ Name ------------------ Signature ________________ _ Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title __________________ _ Name _________________ _ Signature ________________ _ Address ________________ _ For Escrow Agent: Title ------------------- Name ------------------ Signature ________________ _ Address ----------------- 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. l'\ •+;' Revised 6/12/18 Contract No. 6001-18OL Page 38 of 118 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title ________ """'M""-A-'-Y'--'O"""'R~------ Name _________________ _ Signature ________________ _ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title ------------------- Name _________________ _ Signature ________________ _ Address ----------------- For EscrowAgent: Title ------------------- Name ------------------ Signature ________________ _ Address ----------------- {'\ •ff Revised 6/12/18 Contract No. 6001-1 SOL Page 39 of 118 Pages GENERAL PROVISIONS FOR 2018 PAVEMENT OVERLAY CONTRACT NO. 6001-1 BOL PWS19-754TRAN (RE-BID) CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS -Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. l'\ • .., Revised 6/15/17 Contract No. 6001-18OL Page 40 of 118 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency -The City of Carlsbad, California. Agreement-See Contract. Assessment Act Contract -A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder -Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract -A Contract financed by means other than special assessments. Change Order -A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract -The written agreement between the Agency and the Contractor covering the Work. Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, ,, •~ Revised 6/15/17 Contract No. 6001-18OL Page 41 of 118 permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor -The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor'' shall mean Contractor. Contract Price -The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. County Sealer -The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier -Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer-A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer -A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire -The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm -The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. {'\ •+ii' Revised 6/15/17 Contract No. 6001-18OL Page 42 of 118 Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract -Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector -The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal -See Bid. Reference Specifications -Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway -The portion of a street reserved for vehicular use. Service Connection -Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer -Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications -General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. {"\ •~ Revised 6/15/17 Contract No. 6001-18OL Page 43 of 118 Standard Plans -Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications -The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State -State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor -An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade -For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety -Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne-Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility -Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work -That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. {"\ •+;' Revised 6/15/17 Contract No. 6001-18OL Page 44 of 118 All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN ............................................................. Abandon CSP ........................................... Corrugated steel pipe ABAND ...................................................... Abandoned CSD ............................... Carlsbad Standard Drawings ABS ........................ Acrylonitrile -butadiene -styrene CTB ............................................. Cement treated base AC ..................................................... Asphalt Concrete CV ............................................................. Check valve ACP .......................................... Asbestos cement pipe CY ............................................................... Cubic yard ACWS ..................... Asphalt concrete wearing surface D .............................................................. Load of pipe ALT ................................................................ Alternate dB .................................................................. Decibels APTS ................................ Apartment and Apartments DBL ................................................................... Double AMER STD ................................... American Standard DF ............................................................... Douglas fir AWG ............... American Wire Gage (nonferrous wire) DIA ................................................................. Diameter BC .................................................. Beginning of curve DIP ..................................................... Ductile iron pipe BCR ....................................... Beginning of curb return DL ................................................................ Dead load BORY ............................................................ Boundary DR ...................................................... Dimension Ratio BF ..................................................... Bottom of footing DT ................................................................. Drain Tile BLDG ........................................ Building and Buildings DWG ............................................................... Drawing BM ............................................................ Bench mark DWY ............................................................. Driveway BVC ................................... Beginning of vertical curve DWY APPR ................................... Driveway approach BM/ ........................................................... Back of wall E ...................................................................... Electric CIC ..................................................... Center to center EA ........................................................................ Each CAB ...................................... Crushed aggregate base EC ............................................................ End of curve CAUOSHA ............ California Occupational Safety and ECR ................................................ End of curb return Health Administration EF ................................................................ Each face CalTrans ....... California Department of Transportation EG .......................................................... Edge of gutter CAP ................................... Corrugated aluminum pipe EGL. ................................................. Energy grade line CB ............................................................. Catch Basin El .................................................................. Elevation Cb ........................................................................ Curb ELG ..................................... Electrolier lighting conduit CBP ............................... Catch Basin Connection Pipe EL T ........................................................ Extra long ton CBR ....................................... California Bearing Ratio ENGR ....................................... Engineer, Engineering CCR ............................. California Code of Regulations EP ................................................... Edge of pavement CCTV ............................................... Closed Circuit TV ESMT ........................................................... Easement CES ......................... Carlsbad Engineering Standards ETB .......................................... Emulsion-treated base CF ................................................................. Curb face EVC .............................................. End of vertical curb CF ................................................................ Cubic foot EWA. .............................. Encina Wastewater Authority C&G .................................................... Curb and gutter EXC ............................................................ Excavation CFR ................................ Code of Federal Regulations EXP JT ................................................. Expansion joint CFS .......................................... Cubic Feet per Second EXST ............................................................... Existing GIP ......................................................... Cast iron pipe F .................................................................. Fahrenheit GIPP ............................................... Cast-in place pipe F&C ................................................... Frame and cover CL ............................................. Clearance, center line F&I .................................................. Furnish and install CLF ..................................................... Chain link fence FAB ............................................................... Fabricate CMB ............................... Crushed miscellaneous base FAS ............................................... Flashing arrow sign CMG ......................................... Cement mortar-coated FD ............................................................... Floor drain CML ............................................ Cement mortar-lined FON ........................................................... Foundation CMWD .................... Carlsbad Municipal Water District FED SPEC .................................. Federal Specification CO ................................................... Cleanout (Sewer) FG ........................................................ Finished grade COL ................................................................. Column FH ............................................................. Fire hydrant COMM ...................................................... Commercial FL ................................................................... Flow line CONG ............................................................ Concrete FS ...................................................... Finished surface CONN ........................................................ Connection FT-LB ......................................................... Foot-pound CONST ................................... Construct, Construction FTG .................................................................. Footing COORD ...................................................... Coordinate FW ............................................................ Face of wall ,, •+r Revised 6/15/17 Contract No. 6001-1 BOL Page 45 of 118 G ........................................................................... Gas MVL ............................................... Mercury vapor light GA ..................................................................... Gauge NCTD .............................. North County Transit District GAL ................................................ Gallon and Gallons NRCP .............................. Nonreinforced concrete pipe GALV ......................................................... Galvanized OBS ............................................................... Obsolete GAR ........................................... Garage and Garages OC ............................................................... On center GIP .............................................. Galvanized iron pipe OD .................................................... Outside diameter GL ......................................... Ground line or grade line OE .............................................................. Outer edge GM .............................................................. Gas meter OHE ................................................. Overhead Electric GNV ............................................... Ground Not Visible OMWD .................. Olivenhain Municipal Water District GP .................................................................. Guy pole OPP ............................................................... Opposite GPM ................................................ gallons per minute ORIG ................................................................ Original GR ..................................................................... Grade PB ................................................................... Pull box GRTG .............................................................. Grating PC .................................................... Point of curvature GSP ........................................... Galvanized steel pipe PCC ....................... Portland cement concrete or point H ............................................................ High or height of compound curvature HB .................................................................. Hose bib PCVC ....................... Point of compound vertical curve HC ................................................... House connection PE ............................................................ Polyethylene HOWL ........................................................... Headwall Pl .................................................. Point of intersection HGL ............................................. Hydraulic grade line PL ............................................................ Property line HORIZ .......................................................... Horizontal PMB ............................ Processed miscellaneous base HP ............................................................. Horsepower POC ...................................................... Point on curve HPG ................................................ High pressure gas POT ................................................... Point on tangent HPS ............................... High pressure sodium (Light) PP .............................................................. Power pole HYDR ............................................................ Hydraulic PRC .......................................... Point of reverse curve IE ........................................................ Invert Elevation PRVC ............................ Point of reverse vertical curve ID ......................................................... Inside diameter PSI ......................................... Pounds per square inch INCL. .............................................................. Including PT .................................................... Point of tangency INSP ............................................................ Inspection PVC ................................................. Polyvinyl chloride INV ...................................................................... Invert PVMT ........................................................... Pavement IP ................................................................... Iron pipe PVT RNV ....................................... Private right-of-way JC .................................................... Junction chamber Q ........................ Rate of flow in cubic feet per second JCT ................................................................. Junction QUAD ....................................... Quadrangle, Quadrant JS ..................................................... Junction structure R ....................................................................... Radius JT .......................................................................... Joint R&O ......................................................... Rock and oil L ........................................................................ Length RNV .......................................................... Right-of-way LAB ............................................................. Laboratory RA ....................................................... Recycling agent LAT ................................................................... Lateral RAC ................................... Recycled asphalt concrete ~ ...................................................................... ~u~ RAP ............................... Reclaimed asphalt pavement LO ..................................................... Local depression RBAC .............................. Rubberized asphalt concrete LF ................................................................ Linear foot RC ................................................ Reinforced concrete LH ............................................................... Lamp hole RCB ...................................... Reinforced concrete box LL ................................................................... Live load RCE ...................................... Registered civil engineer LOL ............................................................. Layout line RCP ..................................... Reinforced concrete pipe LONG ........................................................ Longitudinal RCV ........................................... Remote control valve LP ............................................................... Lamp post REF .............................................................. Reference LPS ................................. Low pressure sodium (Light) REINF .............................. Reinforced or reinforcement LS ............................................................... Lump sum RES .............................................................. Reservoir L TS .................................................... Lime treated soil RGE ........................ Registered geotechnical engineer LWD ............................... Leucadia Wastewater District ROW ....................................................... Right-of-Way MAI NT ...................................................... Maintenance RR ................................................................... Railroad MAX .............................................................. Maximum RSE ............................. Registered structural engineer MCR ............................................ Middle of curb return RTE .................................... Registered traffic engineer MEAS ............................................................. Measure S ................................... Sewer or Slope, as applicable MH ................................... Manhole, maintenance hole SCCP ............................... Steel cylinder concrete pipe MIL SPEC .................................... Military specification SD .............................................................. Storm drain MISC ..................................................... Miscellaneous SDNR .............................. San Diego Northern Railway MOD .................................................. Modified, modify SOR ....... Standard thermoplastic pipe dimension ratio MON ........................................................... Monument (ratio of pipe 0.0. to minimum wall thickness) MSL .. Mean Sea Level (Reg. Standard Drawing M-12) SDRSD ......... San Diego Regional Standard Drawings MTBM ......................... Microtunneling Boring Machine SE ...................................................... Sand Equivalent MUL T ............................................................... Multiple SEC ................................................................. Section MUTCD ..... Manual on Uniform Traffic Control Devices SF .............................................................. Square foot l". •+;"' Revised 6/15/17 Contract No. 6001-18OL Page 46 of 118 SFM ................................................ Sewer Force Main TS ......................... Traffic signal or transition structure SI ...................... International System of Units (Metric) TSC ............................................. Traffic signal conduit SPEC ..................................................... Specifications TSS ........................................... Traffic signal standard SPPWC .......................................... Standard Plans for TW .............................................................. Top of wall Public Works Construction TYP ................................................................... Typical ST HWY ................................................. State highway UE .............................................. Underground Electric ST A ................................................................... Station USA ................................... Underground Service Alert STD ................................................................ Standard VAR .................................................... Varies, Variable STR .................................................................. Straight VB ................................................................ Valve box STR GR ................................................. Straight grade VC .......................................................... Vertical curve STRUC ......................................... Structural/Structure VCP .................................................. Vitrified clay pipe SW ................................................................. Sidewalk VERT ............................................................... Vertical SWD ..................................................... Sidewalk drain VOL .................................................................. Volume SY ............................................................. Square yard VWD ...................................... Vallecitos Water District T .................................................................. Telephone W ....................... Water, Wider or Width, as applicable TAN ................................................................. Tangent WATCH .............. Work Area Traffic Control Handbook ~ .............................................................. Top~w~ WI ............................................................ Wrought iron TEL ............................................................. Telephone WM .......................................................... Water meter TF .......................................................... Top of footing WP J ........................................... Weakened plane joint TOPO ........................................................ Topography XCONN ............................................ Cross connection TR ........................................................................ Tract XSEC ..................................................... Cross section TRANS ......................................................... Transition 1-3.3 Institutions. Abbreviation AASHTO AISC ANSI API AREA ASTM AWPA AWS AWWA FHWA GRI NEMA NOAA UL USGS Word or Words American Association of State Highway and Transportation Officials American Institute of Steel Construction American National Standards Institute American Petroleum Institute American Railway Engineering Association American Society for Testing and Materials American Wood Preservers Association American Welding Society American Water Works Association Federal Highway Administration Geosynthetic Research Institute National Electrical Manufacturers Association National Oceanic and Atmospheric Administration (Dept. of Commerce) Underwriters' Laboratories Inc. United States Geological Survey 1-4UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. l' •+;' Revised 6/15/17 Contract No. 6001-1 SOL Page 47 of 118 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Abbreviations) 1 mil (=0.001 in) 1 inch (in) 1 inch (in) 1 foot (ft) 1 yard (yd) 1 mile (mi) 1 square foot (ft2) 1 square yard (yd2) 1 cubic foot (ft3) 1 cubic yard (yd3) 1 acre 1 U.S. gallon (gal) 1 fluid ounce (fl. oz.) 1 pound mass (lb) (avoirdupois) 1 ounce mass (oz) 1 Ton (=2000 lb avoirdupois) 1 Poise 1 centistoke (cs) 1 pound force (lbf) 1 pounds per square inch (psi) 1 pound force per foot (lbf/ft) 1 foot-pound force (ft-lbf) (Equal To) 1 foot-pound force per second ([ft-lbnts) 1 part per million (ppm) Temperature Units and Abbreviations Degree Fahrenheit (°F): °F = (1.8 x °C) + 32 51 Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kilo (k) 1 Q3 centi (c) 10-2 milli (m) 10-3 micro(µ) 1 o-6 nano (n) 10-9 pico (p) 10-12 ,, •+ii' Revised 6/15/17 Contract No. 6001-18OL 51 Unit (Abbreviations) 25.4 micrometer (µm) 25.4 millimeter (mm) 2.54 centimeter (cm) 0.3048 meter (m) 0.9144 meter (m) 1.6093 kilometer (km) 0.0929 square meter (m2) 0.8361 square meter (m2) 0.0283 cubic meter (m3) 0.7646 cubic meter (m3) 0.4047 hectare (ha) 3. 7854 Liter (L) 29.5735 millileter (ml) 0.4536 kilogram (kg) 0.02835 kilogram (kg) 0.9072 Tonne (= 907 kg) 0.1 pascal · second (Pa· s) 1 square millimeters per second (mm2/s) 4.4482 Newton (N) 6.8948 Kilopascal (kPa) 1.4594 Newton per meter (N/m) 1.3558 Joules (J) 1.3558 Watt (W) 1 milligram/liter (mg/L) Degree Celsius (°C): °C = (°F -32)/1.8 Page 48 of 118 1-SSYMBOLS ~ L % I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." {'\ •,r Revised 6/15/17 Contract No. 6001-18OL Page 49 of 118 "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provIsIons requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten ( 10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted l' •~ Revised 6/15/17 Contract No. 6001-18OL Page 50 of 118 below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 1 0 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. l' •ff Revised 6/15/17 Contract No. 6001-18OL Page 51 of 118 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The construction plans consist of one set. The plan set is designated as City of Carlsbad Drawing No. 510-1 and consists of 14 sheets. The specifications for the work include the General Provisions, Supplemental Provisions, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. ,, •ff Revised 6/15/17 Contract No. 6001-1 SOL Page 52 of 118 b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Plan details shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: l' •+;' Revised 6/15/17 Contract No. 6001-18OL Page 53 of 118 "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." Title: By: ________________ _ --------------- Date: ______________ _ Company Name: ____________________________ _ 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: Item 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Section Number 7-10.4.1 207-2.5 207-8.4 207-10.2.1 300-3.2 303-1.6.1 303-1.7.1 303-3.1 304-1.1.1 304-1.1.2 304-2.1 306-2.1 306-3.1 306-3.4 306-6 306-8 307-4.3 TABLE 2-5.3.2 (A) Title Safety Orders Joints Joints General Cofferdams General General General Shop Drawings Falsework Plans General General General Tunnel Supports Remodeling Existing Sewer Facilities Microtunneling Controller Cabinet Wiring Diagrams Subject Trench Shoring Reinforced Concrete Pipe Vitrified Clay Pipe Fabricated Steel Pipe Structure Excavation & Backfill Falsework Placing Reinforcement Prestressed Concrete Construction Structural Steel Structural Steel Metal Hand Railings Jacking Operations Tunneling Operations Tunneling Operations Polyethylene Liner Installation Microtunneling Operations Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of l' •+;' Revised 6/15/17 Contract No. 6001-18OL Page 54 of 118 conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas {'\ •+r Revised 6/15/17 Contract No. 6001-18OL Page 55 of 118 and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees; shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. ,, •ff Revised 6/15/17 Contract No. 6001-18OL Page 56 of 118 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the l' •+;' Revised 6/15/17 Contract No. 6001-1 SOL Page 57 of 118 interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per ,, •+r Revised 6/15/17 Contract No. 6001-18OL Page 58 of 118 Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for l' • ., Revised 6/15/17 Contract No. 6001-18OL Page 59 of 118 equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the actual use of the tool or equipment. The right- of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. {"\ •,;' Revised 6/15/17 Contract No. 6001-1 SOL Page 60 of 118 (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................... 20 2) Materials .......................................... 15 3) Equipment Rental ............................ 15 4) Other Items and Expenditures ......... 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: {'\ •+;' Revised 6/15/17 Contract No. 6001-1 BOL Page 61 of 118 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further ,, •+r Revised 6/15/17 Contract No. 6001-18OL Page 62 of 118 understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: ________________ _ Title: ______________ _ Date: ______________ _ Company Name: ____________________________ _ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 1 0 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the -Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: l' •+;' Revised 6/15/17 Contract No. 6001-1 SOL Page 63 of 118 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor'' means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. l' •+;' Revised 6/15/17 Contract No. 6001-1 SOL Page 64 of 118 (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request l"\ • ., Revised 6/15/17 Contract No. 6001-18OL Page 65 of 118 in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)( 1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 ( commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. l' •+;' Revised 6/15/17 Contract No. 6001-1 BOL Page 66 of 118 (c) The provIsIons of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. ( d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: {'\ •+r' Revised 6/15/17 Contract No. 6001-18OL Page 67 of 118 (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de nova but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de nova. The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. l' • ., Revised 6/15/17 Contract No. 6001-18OL Page 68 of 118 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in ,, •+;' Revised 6/15/17 Contract No. 6001-1 SOL Page 69 of 118 the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after {". •+r' Revised 6/15/17 Contract No. 6001-18OL Page 70 of 118 improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction or any tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. If the Contractor chooses to dispute the Agency's test results, the Contractor shall conduct additional testing of their own, at no additional cost to the Agency. The additional testing shall be done by a third-party certified testing lab agreed upon by the Agency and the Contractor, and at project locations selected by the Agency. Testing and sampling shall be conducted in the presence of the Engineer or designee. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. ,, •+r Revised 6/15/17 Contract No. 6001-18OL Page 71 of 118 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar ,, •ff Revised 6/15/17 Contract No. 6001-18OL Page 72 of 118 days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. ,, •+r Revised 6/15/17 Contract No. 6001-1 SOL Page 73 of 118 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. l'. •ff Revised 6/15/17 Contract No. 6001-18OL Page 7 4 of 118 SECTION 5 -UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. l". •ff Revised 6/15/17 Contract No. 6001-1 BOL Page 75 of 118 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2012 Edition, and the supplements thereto. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. ,, •~ Revised 6/15/17 Contract No. 6001-18OL Page 76 of 118 Such temporary omIssIon shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. ,, •+;' Revised 6/15/17 Contract No. 6001-18OL Page 77 of 118 SECTION 6 -PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within seven (7) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the' submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. ,, .... Revised 6/15/17 Contract No. 6001-1 SOL Page 78 of 118 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2. 7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. l' •ff Revised 6/15/17 Contract No. 6001-18OL Page 79 of 118 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6- 1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working l'\ •+r Revised 6/15/17 Contract No. 6001-18OL Page 80 of 118 days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. • {'\ •~ Revised 6/15/17 Contract No. 6001-18OL Page 81 of 118 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. 6-2.3 Project Meetings. The Engineer will establish the time and location of Project Meetings whenever necessary. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, 'The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-35USPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. ,, • .,-., Revised 6/15/17 Contract No. 6001-18OL Page 82 of 118 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, ,, •+;' Revised 6/15/17 Contract No. 6001-18OL Page 83 of 118 inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed working days. The Contractor shall diligently prosecute the work to completion within fifty (50) working days after the starting date specified in the Notice to Proceed. 6-7 .2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: ,, •+r Revised 6/15/17 Contract No. 6001-18OL Page 84 of 118 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. The section of La Costa Avenue west of El Camino Real, and the intersection of La Costa Avenue and Rancho Santa Fe Road shall be cold-milled and paved in their entirety at night time between the hours of 8:00 p.m. and 5:00 a.m. The milling operation shall cease by 11 p.m., and all lanes shall be opened no later than 5 a.m. Unless superseded by the above paragraph or the approved Traffic Control Plan, the normal hours of work shall be between the hours of 8:30 a.m. and 3:30 p.m. on Mondays through Friday, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours, night work, or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall submit a schedule including a daily work plan to the Engineer reflecting the specified working hours and approved traffic control plan. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer l' •ii' Revised 6/15/17 Contract No. 6001-18OL Page 85 of 118 will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that five hundred dollars ($500) per day is the minimum value of costs and actual damaged caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. With respect to the public right-of-way, failure of the Contractor to restore and open all travel lanes within designated working hours shall result in damages being sustained by the Agency. For every 15-minute increment ( or portion of time thereof) beyond the hours of work stated in the Contract Documents or superseded by the approved traffic control plans, the Contractor shall pay to the Agency, or have monies due to it, the sum of One Thousand Dollars ($1,000). Such sum is liquidated damages and shall not be construed as a penalty, and will be deducted from monthly progress payments due the Contractor if such delay occurs. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. ,, •f' Revised 6/15/17 Contract No. 6001-18OL Page 86 of 118 SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." ('\ •+; Revised 6/15/17 Contract No. 6001-18OL Page 87 of 118 The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. No Resource agency permits are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. l' •+;' Revised 6/15/17 Contract No. 6001-18OL Page 88 of 118 The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the l' •+;' Revised 6/15/17 Contract No. 6001-1 SOL Page 89 of 118 Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. ,, •ff Revised 6/15/17 Contract No. 6001-18OL Page 90 of 118 7-8. 7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. {'\ .... Revised 6/15/17 Contract No. 6001-18OL Page 91 of 118 Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The work shall be conducted by the Contractor in a manner to provide a satisfactory surface for traffic. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 760-929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Public Notification of Work: See Section 302-4.4 "Public Convenience and Traffic Control" for details about the notification letter to residences and businesses which is required to be mailed at least 2 weeks prior to the work. In addition to the two-week notification letter, a 72-hr notification door hangar shall be given to all residences and businesses on the affected streets at least 72 hours prior to resurfacting. Seventy-two (72) hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". l"\ •+;' Revised 6/15/17 Contract No. 6001-18OL Page 92 of 118 In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All· construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions l'\ •+;' Revised 6/15/17 Contract No. 6001-18OL Page 93 of 118 of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall maintain a safe buffer distance from any traffic lane occupied by traffic. The Contractor's equipment shall maintain a safe distance from any traffic or pedestrians. A minimum of one (1) paved traffic lane shall remain open and unobstructed for use by public traffic in each direction of travel at all times. If this is not possible due to road width constraints in certain areas, the Contractor shall submit a traffic control plan to the Engineer for review and approval prior to implementation. The contractor shall pave all cold-milled areas within the same work day. The contractor shall not allow public traffic to drive on the cold-milled surface. See Section 6-7 for details on working hours and traffic control. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the l' •fr' Revised 6/15/17 Contract No. 6001-1 SOL Page 94 of 118 traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012 as amended for use in California) published by CAL TRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012, as amended for use in California as published by CALTRANS. Such modification, addition, {'\ •+;' Revised 6/15/17 Contract No. 6001-18OL Page 95 of 118 supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals.' 7-10.3.7 Payment The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. {'\ •+;' Revised 6/15/17 Contract No. 6001-18OL Page 96 of 118 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. l'\ •+;' Revised 6/15/17 Contract No. 6001-18OL Page 97 of 118 (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYAL TIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." ,, •ff Revised 6/15/17 Contract No. 6001-18OL Page 98 of 118 SECTION 8 -FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Facilities are not required for agency personnel. SECTION 9 -MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual {"\ •+;' Revised 6/15/17 Contract No. 6001-1 SOL Page 99 of 118 quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing l". •+;' Revised 6/15/17 Contract No. 6001-18OL Page 100 of 118 that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 5 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 5 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation ,, •~ Revised 6/15/17 Contract No. 6001-1 SOL Page 101 of 118 within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4.1 Mobilization and Preparatory Work. Payment for Mobilization and preparatory work will be made at the stipulated lump-sum price of $25,000, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and ("\ •+r Revised 6/15/17 Contract No. 6001-18OL Page 102 of 118 operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization and Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. ,, •+;' Revised 6/15/17 Contract No. 6001-1 SOL Page 103 of 118 SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 -ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Crushed Aggregate Base per Greenbook Section 200-2 and as specified herein. 200-2.2 Crushed Aggregate Base. Add the following: Crushed Aggregate Base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. The aggregate shall not be treated with lime, cement or other chemical material before tests are performed. Samples for testing shall represent every 500 cubic yards or one day's production, whichever is smaller. If the results of the aggregate grading tests do not meet the requirements for Percentage Passing Sieve as specified in Table 200-2.2.2, but meet the Quality Requirements as specified in Table 200-2.2.3, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until test results indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for Percentage Passing Sieve. If the results of both the aggregate grading and Sand Equivalent tests do not meet the requirements of Section 200-2.2, the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor, and approved at the sole discretion of the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $50 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may be come due, to the Contractor under the contract. SECTION 203 -BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. 203-6.3 Job Mix Formula (JMF) and Mix Designs. Add the following: Asphalt concrete shall be class C2-PG 64-28PM and PG 76-22PM. No more than 15% reclaimed asphalt pavement (RAP) shall be allowed in any asphalt concrete (AC) mix. ,, • ., Revised 4/4/2019 Contract No. 6001-18OL Page 104 of 118 203-6.4.4 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of final asphalt concrete material. In addition to evaluation of the final asphalt material, samples of aggregate, RAP, and asphalt binder will be taken for testing. In case of dispute between the contractor and the Agency, the Engineer has the authority to request core samples for analysis from the placed asphalt concrete for any of the acceptance criteria, at the locations determined by the Engineer. All samples shall be taken in accordance with California Test 125, and the following table: Sampling Location Asphalt Concrete • Trucks, or • Mat behind the paver Aggregate • Cold feed belts, or • Hot bins prior to addition of asphalt binder RAP • RAP system, or • RAP feed belts Asphalt Binder • Asphalt binder supplier, or • Storage tanks at the plant during production When behind the paver or core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for the required testing. When using core samples, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. Material samples of the asphalt concrete shall be on a lot basis. A standard lot shall be equal to one day's production or 750 tons, whichever is smaller. The samples and testing results shall be representative of their entire sample lot. Table 203-6.4.4, design criteria, shall be modified per the following table, the gradation shall stay the same: TABLE 203-6.4.4-MODIFIED (DESIGN CRITERIA) B C1 C2 Dense Medium Coarse Dense Coarse Medium Medium Asphalt Binder % 5.0-6.5 5.0-6.5 5.0-6.5 Hveem Stability "S 35 35 35 Value" (min) Air Voids 4% 4% 4% l' •,;' Revised 4/4/2019 Contract No. 6001-18OL Page 105 of 118 203-6.8 Asphalt Concrete Storage. Replace existing section with the following: Storage of asphalt concrete shall not be allowed. 203-16 POLYMER MODIFIED ASPHALT CONCRETE (PMAC). 203-16.1 General. Modify with the following: PMAC shall be the product of mixing mineral aggregate and up to 15% RAP with polymer modified paving asphalt at a central mixing plant. 203-16.3 Job Mix Formulas and Mix Designs. Add the following: Contractor shall submit for approval an asphalt concrete mix design per Greenbook Section 203- 6.3. The asphalt concrete mix design method shall be Hveem with the optimal binder content determined by California Test 367. The mix design shall conform to Greenbook Table 203-6.4.4 for gradation, and the above MODIFIED (DESIGN CRITERIA) table. 203-16.4.3 Composition and Grading. Add the following: Polymer modified concrete shall be class PG 64-28PM and PG 76-22PM, C2 Dense Medium, as specified on the plans and contract documents. 203-16.9 Acceptance. Modify the second and third sentences, and add the following table: The asphalt binder content shall be within +/-0.4 percent of that shown on the respective job mix formula or mix design. In addition, air voids will also be used as an acceptance criteria. Air voids shall be 4% +/-2%. MODIFIED ACCEPTANCE CRITERIA B C1 C2 Dense Medium Coarse Dense Coarse Medium Medium Asphalt Binder % Optimum Binder Content +/-0.4% Hveem Stability "S 35 35 35 Value" (min) Air Voids 4% +/-2% 4% +/-2% 4% +/-2% Add the following: Material samples of the asphalt concrete shall be on a lot basis. A standard lot shall be equal to one day's production or 750 tons, whichever is smaller. The samples and testing results shall be representative of their entire sample lot. ,, •+;' Revised 4/4/2019 Contract No. 6001-1 SOL Page 106 of 118 SECTION 206 -MISCELLANEOUS METAL ITEMS Add the following section: 206-7 PORTABLE CHANGEABLE MESSAGE SIGN (PCMS) Add the following section: 206-7.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of - 20°c (-4°F) to + 70°C (158°F) and shall not be affected by unauthorized mobile radio transmissions. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 m (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer As part of the bid item "Traffic Control," at least one PCMS will be required in each direction of travel affected by the work on the major streets and intersection work. The traffic control plans shall clearly show the PCMS' locations. The PCMS shall warn motorists of the work one (1) week prior to start of the work and for the entire duration of the work. Add the following section: 206-7.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre- programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the l' •~ Revised 4/4/2019 Contract No. 6001-1 SOL Page 107 of 118 operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. Add the following section: 206-7.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. Add the following section: 206-7.4 Measurement and Payment. The cost for PCMS shall be included in the bid item Traffic Control and include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the City at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made. SECTION 213 -ENGINEERING GEOSYNTHETICS 213-5 GEOTEXTILES AND GEOGRIDS. Add the following: Geogrid used for base stabilization shall be Tensar TriAx. Pavement reinforcement shall be Tensar GlasGrid. Contractor shall follow manfuacturer's installation instructions and recommendations. SECTION 214 -TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS. Add the following section: 214-4.3 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No. PTWB-01 R2. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS Specification No. PTH-02ALKYD. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CAL TRANS Specification No. 8010-004 (Type II). CAL TRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CAL TRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000 . . , f.., Revised 4/4/2019 Contract No. 6001-18OL Page 108 of 118 214-6.4 RETROREFLECTIVE PAVEMENT MARKERS Add the following section: 214-6.5 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-6.4.2, or equal thereto. TABLE214-6.4.2 TEMPORARY REFLECTIVE PAVEMENT MARKERS Type Manufacturer of Distributor TOM-Temporary Overlay Davidson Traffic Control Products, 3110 70th Avenue East, Tacoma, Markers WA 98424, (877) 335-4638 l'\ •+;' Revised 4/4/2019 Contract No. 6001-1 BOL Page 109 of 118 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 302 -ROADWAY SURFACING 302-4.5 Scheduling, Public Convenience and Traffic Control. Add the following: The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9400. The Contractor shall accommodate mail delivery to residences and businesses during the work. At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all property addresses on which resurfacing shall occur. Obtaining the appropriate addresses shall be the contractor's responsibility. A sample letter shall be provided by the city and the Contractor shall use the city's sample letter with appropriate street names, dates, times, and phone numbers specific to the work inserted in the letter. During resurfacing operations, the Contractor's schedule shall be designed to provide residents and business owners sufficient paved parking within a 900 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contract shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The Contractor shall deliver the 72-hour advance notification door hangar which shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the 760 area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall use the sample door hangar provided by the city and submit door hangars to the Inspector for approval. Notices shall not be distributed until approved by the Inspector. The notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3 ½ inches by 8 ½ inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb card stock. The printing on the notice shall be no smaller than 12 point. The door hangars shall show the street name, date, time, phone numbers, and appropriate information specific to the work inserted. {"\ • ., Revised 4/4/2019 Contract No. 6001-18OL Page 110 of 118 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. {'\ •;;' Revised 4/4/2019 Contract No. 6001-18OL Page 111 of 118 (Date) (Name of Contractor) (Address of Contractor) (Contractor1s License Number) As part of the City of Carlsbad's ongoing program to maintain our roadways, streets in your neighborhood are scheduled for resurfacing in the coming weeks. The resurfacing work will require traffic control to be put in place in those areas. The work will take place between the hours of 8:30 a.m. and approximately 3:30 p.m., or until the traffic control devices are removed. Residents located on the streets scheduled for resurfacing will be notified 72 hours in advance of the work. Look for a brightly colored 3 ½" x 8 ½" card attached to your doorknob. You will also notice temporary "no parking" signs on your street with a specific "no parking" date written on it. PLEASE NOTE: weather conditions and other factors outside our control can sometimes cause work to be rescheduled at the last minute. If this happens, we will notify you as soon as possible of the new date. To prepare for this road work, we are asking neighbors to help. Here's how: • Park your car outside the area of work unless you plan to leave before 8 a.m. the morning the work starts. Watch for "no parking" signs. • Park your car in your driveway or garage (off the street) if you aren't going to need it between 8:30 a.m. and 3:30 p.m. • Avoid walking, biking and skate boarding on new roads until construction signs are removed. • Please keep kids and pets off the new roadway on the day of the resurfacing. • Do not walk on the newly resurfaced street or you may get black residue on the bottom of your shoes. The residue may damage or mark surfaces and be very difficult to remove. • Please try to keep the work area and new road dry until construction signs are removed. Monitor sprinklers, hoses and other water sources around your home. • Please note that mail could be delayed on the day of the resurfacing if your postal carrier cannot reach your mailbox. • Work will be coordinated with trash pick-up. • If you have a special concern or need reasonable accommodations, please call the City of Carlsbad at 760-602-2780. (Contractor Name) will be performing the resurfacing work for the city. You may call a contractor representative at (XXX} XXX-XXXX for more information about the project and to answer questions. For a map of all streets scheduled for resurfacing throughout the city, please visit the city website at www.carlsbadca.gov, click on City Services> Streets and Traffie> Maintenance> Street Resurfacing. The City of Carlsbad has some of the most well-maintained streets in the region thanks to the cooperation of community members like you. We appreciate your patience and understanding, and we will do everything we can to get this work done quickly and efficiently. l'\ •,r Revised 4/4/2019 Contract No. 6001-18OL Page 112 of 118 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. Add the following: The Contractor shall treat all vegetation within the limits of the paved area to receive asphalt concrete paving in accordance with the City's Integrated Pest Management (1PM) plan. The document can be found on the City's website. Allowance for the vegetation treatment period shall be shown in the schedule required per section 6-1. 302-5.2 Pavement Transitions. add the following: The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-13.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 Tack Coat. Add the following: The Contractor shall place a tack coat between the successive interfaces of existing pavement and new asphalt concrete. 302-5.5 Distribution and Spreading. Modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the self-propelled spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control. The automatic screed control shall be 5.5 m (18') minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. The Contractor shall provide an on-site backup paving machine during all paving operations. No conveyor belt systems will be allowed for moving the AC. No AC windrows will be allowed. Only a surge volume/remix material transfer vehicle (MTV) is allowed to receive the AC from the haul trucks and then place it in the self-propelled spreading and finishing machine. If the Engineer determines the use of the MTV is not practical for a portion of the project, the Engineer may waive its requirement for that portion. 302-5.6.1 General. Modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. Add the following section: 302-5.8 Manholes and Valve Boxes (and other structures). The Contractor must locate and record locations of all appurtenances in the roadway including, but not limited to, manholes, access holes, valve boxes, blow-offs, air releases, sewer cleanouts, and survey monument boxes. Prior to grinding or paving adjacent to any structure, Contractor shall install plywood shelves or umbrella devices in order to prevent debris from falling into structures. Prior to placing the overlay, the Contractor shall install rubber nipples/risers on top of all appurtenances in the roadway and pave over the rubber nipples/risers. Each manhole cover shall be treated or covered to prevent adhesion of the overlay. Each City-owned manhole and cleanout shall be located and raised to grade within 72 hours after the overlay is placed and shall be thoroughly cleaned of any construction debris which may have entered due to the Contractor's operation. Each valve box shall be replaced per CMWD Standard Drawing No. W-13. Each 2" Blow-off/Manual Air Release box shall be replaced per CMWD Standard Drawing W-6. The contractor shall be responsible for matching the finish grades of the new pavement to match the existing manholes, as to create a smooth finish surface, and not have any abrupt changes in or around the manholes. In the event of any damage to existing manholes during construction activities, the contractor shall ('\ • .., Revised 4/4/2019 Contract No. 6001-18OL Page 113 of 118 replace them at the contractor's expense, and no extra payment shall be made to the contractor. All City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. S 1. All storm sewer access covers shall be adjusted per SDRSD D-10. For all non-City owned appurtenances, manholes, valve boxes, or other structures in the roadway or in conflict with the proposed improvements, the contractor shall coordinate with the proper agency contact. For Leucadia Wastewater District, contact Ian Riffel at (760) 753-0155 ext.3002. For Olivenhain Municipal Water District, contact Dan Bean at (760) 415-8548. For all non-City owned appurtenances, manholes, valve boxes, or other structures in the roadway or within the project limits, if the contractor and the owner of the non-City owned utilities mutually agree to contract with one another to adjust or replace the appurtenances, the contractor shall extend them the same bid prices as offered in this contract, with up to 10% markup only. Survey monument boxes shall be replaced and adjusted to grade per SDRSD M-10. Riser rings or extensions shall not be used for the adjustment of City-owned appurtenances. Replacing and adjusting to grade all City-owned appurtenances in the roadway shall be paid for at the contract unit price per each as shown in the Bid. Such price shall constitute full compensation for all labor, materials, and equipment necessary for completing the work as described in these specifications, including traffic control and prevention from debris falling into structures. Other Agencies may adjust their own appurtenances or other Agencies may contract with a third party to raise their appurtenances. 302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete placed and compacted shall be at the unit price bid per ton. No additional payment shall be made for any tack coat, material transfer vehicle, compaction, traffic control, or other incidentals. Add the following section: 302-15 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section. 302-15.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of cold milling or saw cutting, removal and disposal of existing asphalt pavement in conformance with section 400, compaction of existing subgrade, if applicable, in conformance with section 301-1, grading and compaction of base material, if applicable, in conformance with section 301-2, application of grade SS-1 h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein. Damage to existing traffic loops caused by pavement repairs or grinding will require immediate replacement of the traffic loops unless video detection has been set up and the loops are unnecessary. If pavement fabric or petromat is encountered during any pavement repairs or grinding, the Contractor shall remove and dispose of it. The cost of the work described in this section shall be included in the bid price for the repair itself or cold milling (grinding). 302-15.3 AC Cold Milling and Disposal of Grindings. Cold Milling or grinding shall be in accordance with the provisions of Section 404 of the Greenbook, latest edition. The Contractor shall cold mill or diamond grind the existing AC to the width and depth as shown on the plans. In the field, the Engineer may change the width and depth of the cold milling at his discretion. If the Contractor's cold milling severs any traffic detection loops, the Contractor shall replace them immediately at the Contractor's expense. Existing advance traffic signal loop detectors shall be replaced by the Contractor and paid for per the bid item Traffic Signal Detector Loops, even when video detection has been installed at the intersection. Contractor shall install Type E Loop Detector per Caltrans Revised Standard Plan RSP {'\ •ff Revised 4/4/2019 Contract No. 6001-18OL Page 114 of 118 ES-58. Contractor shall construct temporary AC ramps at the cold-milled edges which are perpendicular to the direction of travel. Payment for construction, removal, and disposal of temporary asphalt concrete ramps shall be included in the bid item for cold milling. As shown on the plans, some cold milling may require tapering of milled thickness. An asphalt core sample on La Costa Avenue near Calle Madero showed the presence of pavement fabric approximately 2" below the finish surface. Other core samples on La Costa Avenue west of El Camino Real, and near Romeria Street did not show pavement fabric. The limits and extent of the pavement fabric are unknown. If and when the Contractor encounters pavement fabric or petromat during cold milling, the Contractor shall remove and dispose of the pavement fabric or petromat. The cost of removing and disposing pavement fabric or petromat shall be included in the Contractor's bid price for cold milling and no additional payment will be made therefore. Add the following section. 302-15.4 Crack Sealing. Not included in this project. Add the following section. 302-15.5 Measurement and Payment. Quantities of pavement repairs as set forth in the bid items are for estimating purposes only. Final quantities will be as designated and measured in the field. The Engineer will designate and mark the limits of the repairs. The Contractor shall provide Traffic Control for the Engineer to walk in the street and mark the limits of the repairs. The cost of the Traffic Control for the Engineer shall be included in the lump sum bid price for ''Traffic Control." Full compensation for conforming to the requirements of constructing pavement repairs shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work as outlined in the appropriate section, including but not limited to, cold milling, saw cutting, removing and disposing of existing asphalt concrete, removing and disposing of roots beneath the pavement, removing and disposing of aggregate base/subbase and basement soil as designated by the engineer, placement of aggregate base, asphalt concrete, compaction of subbase, aggregate base, and asphalt concrete, placement of tack coats and all other work incidental to the pavement repairs shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefore. The bid prices for pavement repairs and cold milling shall include removing and disposing of pavement fabric or petromat when encountered. SECTION 314 -TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Striping Plans, or for approved temporary traffic control essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS. ('l •+;' Revised 4/4/2019 Contract No. 6001-1 SOL Page 115 of 118 314-2.1 General. Add the following paragraph: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (1/a") in 3 m (10') when measured parallel to the centerline of the street or more than 6 mm (¼") in 3 m (10') when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKERS. 314-4.1 General. Add the following paragraph: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Striping Plans, or for approved temporary traffic control essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 314-4.2.1 General. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. 314-4.3.2 Surface Preparation. Add the following paragraph: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.1 O') thick asphalt concrete overlay is not permitted. 314-4.3.5 Application. Add the following paragraphs: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer and within 72 hours of pavement resurfacing. After one week, a second coat of paint shall be applied to all final, approved striping. The Contractor shall paint the ends of each median nose yellow. l' •,r Revised 4/4/2019 Contract No. 6001-1 SOL Page 116 of 118 If required by the approved traffic control plans, the Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 314-4.3.7 Payment. Modify the section as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for temporary and final traffic striping, and no additional compensation will be allowed therefore. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefore. The lump sum prices bid and shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. 314-5 PAVEMENT MARKERS. Add the following section: 314-6.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 314-4.3.5. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. When reflective channelizers are removed, the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. SECTION 315 -TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 315-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 315-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 315-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 314-5 "Pavement Markers", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 314-5.4 "Placement", shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. l". •+ir Revised 4/4/2019 Contract No. 6001-18OL Page 117 of 118 Add the following section: 315-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 314-5.4, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following section: 315-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 315-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 315-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 315-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re- painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC . . , \.+; Revised 4/4/2019 Contract No. 6001-18OL Page 118 of 118 APPENDIX "A" UTILITIES ST AN DAROS STANDARD CAST IRON MANHOLE FRAME & COVER -SEE DWG. NO. S4. PAVEMENT OR FINISH GRADE. MIN. SLOPE 1" PER FT. WIDTH SHALL E UAL INSIDE DIA OF PIPE. 12· -1'5::S:~~gE===-==,[r1 :~--~-~ F1 P-!-3• 12" WIDE X 6" THICK CLASS 560-C-3250 CONCRETE COLLAR WITH 3" ASPHALT CONCRETE OVERLAY (TYPICAL). VARIABLE 3' DIA. INVERT GRADE ADJUST WITH _ .:: CONCRETE RINGS AS MIN. DEPTH= PIPE DIA. ? :,· REQUIRED TO MATCH GRADE. ,:,_~ MAX.=11", ~-:-. MIN.=5•, :-''' TOP=2-2 1/2" :-:.· .... RINGS. SECTION C-C NOTES: CAST IN PLACE CONCRETE FOR BASE SHALL BE TYPE 560-8-3250. ALL PIPE IN MANHOLE SHALL BE PVC AND SHALL BE INCLUDED AS PART OF MANHOLE. MANHOLE SHALL BE CONSTRUCTED IN ACCORDANCE WITH ASTM C-478. 5' DIA. I -~~--8" r-STUB OUTS SHALL HAVE A MINIMUM LENGTH OF 3 FEET BEYOND MANHOLE. SECTION A-A PLAN B-B REV. APPROVED DA TE POUR BASE AGAINST 6-INCHES OF 3/4" CRUSHED. ROCK BASE SDR 35 PVC PIPE MAY BE INSTALLED IN STRAIGHT-THROUGH MANHOLES WITH NO JUNCTIONS. THE TOP SECTION OF PIPE SHALL BE REMOVED FLUSH WITH TOP OF SHELF. CUTS SHALL BE NEAT AND DRESSED MINIMIZING BURRS AND ROUGH EDGES. EACH SHAFT AND RISER JOINT SHALL BE SEALED PER JOINT DETAIL ON DWG S-1A WITH BUTYL RUBBER SEALANT ROPE. WHEN MANHOLE FORMS THE JUNCTION OF SEWERS AND/OR AN ANGLE IN MAIN ALIGNMENT SPECIAL CARE SHALL BE USED IN FORMING THE CHANNELS TO FACILITATE THE FLOW OF SEWAGE. INVERTS SHALL BE TRUE TO GRADE AND ALIGNMENT, FINISHED WITH SMOOTH SURFACE, AND MAINTAIN 0.2' DROP. NOT TO SCALE CITY OF CARLSBAD • 12/11 STANDARD SEWER MANHOLE 1-'1,:..a,::.L.-..<.!.:..--"'--"U.L......L,1-l- CITY ENGINEER SUPPLEMENTAL STANDARD NO. DATE S-1 ITEM 2 3 4 5 6 7 8 9 10 11 12 LOCATON OF BO CO P. STOP. C X FIP 45" BEND (SIL VER SOLDER) @)------- g" ... .-_-, . ·• - 121--------11 CC 90" ELL (SIL VER SOLDER ------------------------------------------ DESCRIPTION OUTLET ON PVC PRESURE PIPE OUTLET ON AC PIPE OUTLET ON CML&C STEEL PIPE OUTLET ON DUCTILE IRON PIPE 2 COPPER SERVICE PIPE. TYPE 'K' SOFT . 2" ANGLE METER STOP ® . . . . : . .,, ... 'If·. : . NOTES: ® (j) j_ 3"AC T 11'' 24" 1. SEE SPECIFICATIONS FOR SOLDERING REQUIREMENTS 2. SEE SPECIFICATIONS FOR LID PAINTING REQUIREMENTS 3. SEE IMPROVEMENT PLANS FOR ASSEMBLY SIZE. 30 LB. ZINC ANODE WITH ANODE LEAD WIRE PER STD. DWG. NO 25. SPEC DWG W-8 W-8 W-9 W-9 2 METER COMPANION FLANGE. BRASS NUTS AND BOLTS . 2 BRASS STREET ELL 12" GRAVITY SEWER PIPE SDR 35 REV. APPROVED DATE CARLSBAD MUNICIPAL WATER DISTRICT t----+111111111111111 ........ ....iiiiiiii-+---+----------------r~J·"'::i+:~r-,.....:.;..c..z.:.:.='°"f ~ 2" BLOW-OFF / MANUAL AIR DATE RELEASE ASSEMBLIES STANDARD DWG. NO. W-6 A A ◄ 24" DIA. B PLAN B OR(D FINISH GRADE. AC PAVEMENT. ~ I :c t0---=~- 1-Vlr-r---+-----.-.V t '-----~~3U~::L_-.J'=~~~-~ 1:rt'C::::rt=:::r1 ..... --- I ~-® 1 /. \. ' I w .....J X <( ~ -"'<t RISER SHALL NO REST ON BONNET OF VALVE. (2" MIN. CLEARANCE). ~-® \. I SECTION A-A SECTION B-B DOMESTIC WATER RECLAIMED WATER NOTES: 1. IN NON-ROAD AREAS PLACE MARKER POST NEXT TO VALVE BOX ASSEMBLY AS DIRECTED BY THE ENGINEER. ( SEE DRAYi1NG NO. 23 ). 2. ALL BURIED NUTS AND SOL TS SHALL BE WAX TAPE COATED PER SPEC. 09902 3. SEE DRAWING NO. 23 FOR GATE VALVE EXTENSION. 4. UPPER SIDE OF LID TO RECIEVE 2 COATS OF PAINT. SEE SPECIFICATIONS FOR PAINTING REQUIREMENTS, ( PAGE 4 ). ITEM DESCRIPTION 1 VAL. BOX & COVER WITH NON-SKID C.I. COVER AND LIFT HOLE MARKED 2 VAL. BOX & COVER FOR NORMALLY CLOSED VALVE. 3 VAL. BOX & COVER MARKED RECYCLED WATER". 4 8" C900 PVC OR ASPHALT COATED WELL CASING. 5 CONCRETE COLLAR IDENTIFY CONC. BY CLASS 560-C-3250 REV. APPROVED DATE CARLSBAD MUNICIPAL WATER DISTRICT VALVE BOX ASSEMBLY SPEC DWG WATER". STANDARD DWG. NO. W-13 #4 @ 6" oc #4 bars placed diagonally I- X I- I ~Tl y lrl--A _j PLAN lYPE PIPE DIAMITER (D1} X y z 85 86 87 BB 89 NOTES 1. See D-11 A &: D-11 B for additional notes and details. 2. All joints shall be set in Class C mortar. 3. All precast components shall be reinforced with 1 / 4 • diameter steel wound spirally on 4" centers. 4. Maintain 1-1 /2" clear spacing between reinforcing and concrete surface. 5. Concrete base shall be 560-C-3250. 6. Exposed edges of concrete shall be rounded with a 1/2" radius. up to 51" 54" to 60" 63" to 69" 72" to 81" 84" to 90" 5' 4' 5' 6' 4' 6' 7' 4' 7' 8' 4' 8' 9' 4' 9' See D-11A for Bend down 15" (typ) step detail __ ..,,._,,_~ Rounded pipe ends see D-61 Elev shown on plans --ii--=o:t:------J.rJ 3' 7. Manhole cover to be marked •storm Drain". 8. Modifications to "Y" dimension required if pipe (D2) exceeds 39". SECTION A-A 9. If constructed adjacent to sidewalk, top of manhole to match sidewalk slope. Revision Date SAN DIEGO REGIONAL STANDARD DRAWING ORIGINAL Kercheval 12 75 Add Metric T. Stanton 03/03 Reformatted T. Stanton 04/06 STORM DRAIN CLEANOUT TYPE B Edited T. Stanton 02/09 Edited S.S. T. Regello 03/11 See M-3 for manhole frame and cover a X CO C ~::::;; r') Cl) .... C: 0 0 -(.) N > 4-#4 around pipe Slope floor 12: 1 towards outlet LEGEND ON PLANS = =@]::::: = RECOMMENDED BY lHE SAN DIEGO REGIONAL STANDARDS COMMITTEE DRAWING NUMBER 7/Z6/ZOIZ D-10 I · 24" min · I _ij i-v•· ( . I 2" min __ ~ ~C.I. t , • hole RISER RING s• min Slope surface of grout pad to drain away from cover, and to meet existing grade. pad PLAN-IN UNPAVED AREA Brick support all around on 2• sand base. NOTES 1. Cover and frame to be cast integrally with pipe box. 2. Monument base may be cast in place or precast. . co I') 3. Form and taper exposed upper 6" of cost-in-place base to a top diameter of 5". (Precost base shall be sand backfilled). s· P.C.C. Pavement 560-C-3250 concrete ~Dia.(min) lYPICAL MONUMENT SECTION IN PAVED AREA 4. Monument marker shall be a domed brass, 3" in diameter or as approved by agency. 5. Monument Location: a) Set on all centerline intersections unless actual location is modified by the Agency and shown in modified location on mop. When centerline intersection is impractical, offset 5' on centerline of major street, (see detail at right). If neither centerline con be occupied, two monuments will be set in line around the front on the perimeter of a 1 o• diameter circle, whose center is the point. b) Set on centerline at intervals not exceeding 1000' on straight runs. c) Set on centerline at points of curvature. d) Set on center at center points of cul-de-socs. e) Set on centerline when center point of cul-de-soc is offset from centerline. f) These standards may be modified at the discretion of the Agency in cases where strict compliance therewith results in more monuments than it considers necessary. The following technique for reducing the number of monuments will be routine. g) Substitution of one monument on the "Point of Intersection" for monuments at the "Beginning of Curve" and the "Ending of Curve" when the "Point of Intersection" falls within the pavement area. h) Deletion of any monument otherwise required by these standards when its position con be determined by turning one angle from a point on a straight line between two other monuments, providing such point is not more than 300' from the point on which the deleted monument would hove been placed. Alteration location of monument. Tie distances shown on final sub- division map if alternate location is used. LOCATION OF STREET SURVEY MONUMENT Revision B Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ORIGINAL Kercheval Add Metric T. Stanton Reviewed T. Stanton Delete Metric D. Gerschoffe Note 4 Rev D. Gerschoffe 12 75 03/03 04/06 05/12 02/14 STREET SURVEY MONUMENT Ch DRAWING NUMBER M-10 VICINITY MAP HOT ro SCALC LACOSTA AVENUE OVERLAY -SHEETS 2 THRU 6 STRIPING-SHEETS 8 THRU 12 ~I:J<l{t,..5!;~/tic ,XA,f,klNEOS WAY OVERLAY -SHEET 7 STRIPING-SHEET13 CONSTRUCTION PLANS FOR 2018 PAVEMENT OVERLAY PROJECT NO. 6001-18OL CITY OF CARLSBAD CARLSBAD, CALIFORNIA CITY COUNCIL MA TT HALL -MAYOR PR/YA BHAT-PATEL-MAYOR PRO-TEM KEITH BLACKBURN -COUNCIL MEMBER CORI SCHUMACHER -COUNCIL MEMBER BARBARA HAMIL TON -COUNCIL MEMBER SCOTT CHADWICK CITY MANAGER PAZ GOMEZ PUBLIC WORKS DIRECTOR "DEaAAA TTON OF RESPONSIBLE CHARGC 'UECLARA TION OF RESPONSIBLE CHARGE" I hOIEBrt:£0.AR£ lh'AT ! NJ mf fN(ff£R (T 11(:9" FCM S11££TS 1-1 (F mrs PRO.Eer. !HAT! /IA\£ aBlC1SED ~ OWi« 0\fR TIE D£9GN CF fHC PfKIECTASDE!reJ/NS£CTICW670JCF7f£~~1"ROF£S!iONSCOO( NIDIHAT1HfOfS/QI/ISCOHSISIDi111'1'1rl1£CIIUtDITST~ I !EREBYDCCURf THAT/ N,/ TIEVIGll£ER OF IIO'lk fa? SHEETS 11-14 CF 71-fS PRO.LCT, JHAT I HA\£ DERaSED R£.SPa&9.£ OIARG£ O\fR TIE DES/QI OF »IE PRO,£CT AS W'»cD I>/ SfCIICW 6703 CF fl,£ BIJ5MfSS AHO PRaTSSOIS ca:£. A,',V11'1ATT1£0CSlQ;ISctN.S/STFJIT ■lh'1HfaJRRDITST.w?AROS. SHEET INDEX SHEETNAME TITI.ESHEET LA COSTAAVENUECNERLAY LACOSTAA\IENI.E~Y LA COSTAAVEM.EOVERLAY LA COSTAA\'EHLE~Y LACOSTAA\1:MJECNER!AY VIEJO CASTILLA. NA.VARRADRNE & PfRJNEOS w-\YO\£RLAY LA COSTA Av£NUE STRIPING LA COSTA Al/ENI.IE STRIPtNG LA COSTAA'vENUE STRIPfNG LA COSTA A\.'ENLIE STRIPING LA COSTA Av9«/£ STRIPING VIEJO CAS11Ll.A, NAVARRA DRNE & PfRINEOS WAY STRIPING STRJPfNG DETAILS NOTE CONTRACTOR SHAl..1. LOCATE AU. EXISTING UT/LfTYVALVEBOXES, MANHOLES, VAUL7S, 58-\ER CLEANOUTS, STORM DRAIN GRA1ES. INLETS AND SURVEY IKJNUMENT BOXES AND PROTECT IH Pf.ACE. SHEET NtM8ER I 2 ' • 5 • 1 • g 10 " 12 13 ,. 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"AS BUILT" D '"--"''---om ~ CITY OF CARLSBAD 11;,<(E,SI ~===l===~====================~===+==~~==:;:===ll_!!J PUBUC YIORKS OEPARTMENT 14 2018 PAVEMENT OVERLAY STRIPING DETAILS t==:j===t====================t==:l===~==:l==:j ec.,,s=,,.cc,~,.,,=======c,sa"""""''"-"'<"'""'""''""' t:==:1===t:====================t:==+===t:==+===1 ~ ~CmO!VII J/Jl/~ Morgen Fry Subject: FW: Corresondence for Items 5 and 14 on the 7/9/2019 Council agenda Attachments: 2019-07-09 CC Item 5 LCA pavement overlay road diet correspondence-Linke .... pdf; 2019-07-09 CC Item 14 LOS methods correspondence-Linke.pdf All Receive -Agenda Item # _5_ For the lnform.ition of the: From: Steve Linke <splinke@gmail.com> Sent: Monday, July 8, 2019 2:45 AM ·· ······ ······ · ·· --·· -· ···· -bate~~1{~~~N_5_'\c <J · · · CM ✓ coo__L_DCM(3)_ -,- To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Corresondence for Items 5 and 14 on the 7/9/2019 Council agenda Please see the attached PDF files for correspondence which I would like made part of the public record for the referenced agenda items: 1 July 7, 2019 Re: July 9, 2019 City Council Meeting Agenda Item #5 (Acceptance of bids and award of contract to Ramona paving and Construction for construction of the 2018 Pavement Overlay in an amount not to exceed $2,243,236) Mayor and City Council: I request that the above-referenced item of business be pulled from the Consent Agenda for discussion. This pavement overlay project includes the conversion of multiple miles of vehicle lanes to bicycle lanes (i.e., a "road diet") on La Costa Avenue east of El Camino Real. Policy 3-P.15 of the City's General Plan Mobility Element requires City Council approval of any road diet or other measure that reduces vehicle capacity to, or below, a level of service (LOS) grade of D for any street (Footnote 1). When the traffic count data collected for this project are analyzed using the required City of Carlsbad Transportation Impact Analysis (TIA) Guidelines, none of the street segments in either direction for either the AM or PM peak hours operates at an LOS better than D, and several fail with E or F grades (Footnote 2). This is in contrast to the street segment results presented to the Traffic Safety Commission (TSC) on this project, which used the old non-compliant Carlsbad segment LOS method, which predictably resulted in all LOS grades of A. In addition, an intersection also is projected to reach LOS D with the project (Footnote 4). In addition, Section 21.90.1$0 of the Carlsbad Municipal Code (CMC) raises questions about the legality of road diets and other measures that materially reduce street capacity: Public facility reductions. Notwithstanding any previous sections of this chapter, the city council shall not materially reduce or delete any public facilities or improvements without making a corresponding reduction in residential density unless such a reduction or deletion of public facilities is ratified by a vote of the citizens of Carlsbad." Recommendations 1. This project should be reviewed as a road diet by the City Council. 2. Add to the TIA Guidelines: For all proposed street projects that would reduce vehicle capacity, a corridor-specific service volume table entry should be created consistent with the Highway Capacity Manual (HCM) to assess the impact. 3. . Revise TIAs for any other vehicle capacity-reducing projects initiated after adoption of the General Plan Update in September 2015 that continued to use the old Carlsbad LOS methods. If the LOS is reduced to D or worse, then they should be reviewed by the City Council. 4. The implications of CMC 21.90.180 on projects that reduce street capacity should be explored. 1 Footnote 1 (Mobility Element Policy 3-P.15) · Street Design arid Connectivity 3-P.15 Evaluate methods and transportation facility improvements to promote biking, walking, safer street crossings, and attractive streetscapes. The City Council shall have the sole discretion to. approve any such road diet or vehicle traffic calming improvements that vi1ould reduce vehicle capacity to or below a LOS D; this also applies to streets where the vehicle is not subject to the MM LOS standard as specified in Table 3-1. Footnote 2 (La Costa Avenue street facility/segment LOS) The Mobility Element requires vehicular LOS to be determined by the HCM: • Vehicular Level of Service. Level of service will be determined by the most recent version of the Highway Capacity Manual. This methodology evaluates vehicles based on their freedom to maneuver and overall delay experienced at intersections. The TIA Guidelines establish a service volume (roadway capacity) look-up table method for determination of vehicle LOS. Because specific table entries have not been created for this portion of La Costa Avenue, the generalized tables are used. The table entries most relevant to the subject area after the road diet (single directional lane divided by a turn lane with a speed limit of 35-40 MPH) indicate that LOS grade D begins at 191to 229 vehicles per' lane per hour (vplph), an<;I that a failing LOSE begins at 631 to 757 vplph and LOS F begins at 781 to 937 vplph (see the highlighted cells in the tables below): .,.,., Hourly Volume in Fleak Direction . Sp~ ·~~. liiriit Median g. C 0 E ~5i :Vt\~Nid~ n !SO 590 740 J 35 . ti,,vid~d u 190 6$0 780. 35 'r:iivlded H 520 . 1390 1540 45 Divided i:i: 600 1560 1760 2. 50 Divid!!d •• 850 1690 . 1820 55 Divided *" 1050 1800 1890 35 Divided. n 680 2230 2540 4 5 D/Vlded u 2040 2660 2700 ;3c 50 Divided *' 2:350 2760 2800 55 Divided 390 2600 2870 2900 4 45 Clivided •• 27SO 3560 3620 Speed · la!)I!!~' iJmit Median· a d i) E 25 Undivided. ** llO. 450 560 25 Dividecl u . 140 6l0 720 35 Undivided ** 180 590 7-40 :i. 35 Divided ~-1,: 190 630 780 40 U ndivicfe.d ** 216 70B B&S 40 Dividecl *.♦ 22.i!i 75.5 S3Sc 2 The May 2018 StaffReportto the TSC for this project used the old Carlsbad street segment LOS method, which is not allowed by the Mobility Element, as described above. Predictably, that method does not provide any meaningful or actionable results-simply showing all LOS Agrades: TABLE 2: Mid-Block Level of Service Analysis Summary Roadway Segment La Costa Avenue AM Peak eastbound Hour westbound PM Peak eastbound Hour westbound la Costa Avenue AM Peak ea.stbound Hour westbound PM Peak eastbound Hour westb-Ound la Costa Avenue AM Peak eastbound Hour westbound PM Peak eastbound Hour wP<fho,uul la C-0sta Avenue AM Peak eastbound Hour westbound PM Peak eastbound Hour westbound LOS" level of service VJC:volurne-to-capadty Capacity 3,600 1,800 3,600 1.800 3,600 1,800 3,600 1,800 1,800 1,800 1,800 1,RflO 1,800 3,600 1,800 3,600 Existing . V/C Volume Ratio LOS Capacity El Camino Real to Nueva (astilla Way 437 0.12 A 1,800 947 0.53 A 1,800 862 0.24 A 1,800 597 0.33 A 1,800 Viejo CasWla Way to Caire Madero 497 0.14 A moo 808 0.45 A 1,800 796 0.22 A 1,800 545 0.30 A 1,800 Gibraltar Street to Romeria Street 493 0.27 A 1,800 752 0.42 A 1,800 738 0.41 A 1,800 507 n.n A 1)'!00 Quinta. Street to Cadencia Street 482 0.27 A 1,800 595 0.17 A 1,800 SGS 0.32 A 1,800 495 0.14 A 1,800 3 Plus Pl'Qject V/C Volume Ratio LOS I 437 0.24 A 947 0.53 A 862 0.48 A 597 0.33 A 497 0.28 A 808 0.45 · A 796 0.44 A 546 0.30 A 493 0.27 A 752 0.42 A 738 0.41 A 507 0 ?R A 482 0.27 A 595 0.3.'I A 568 0.32 A 495 0.28 A In contrast, when the vehicle volume data from the above table are used with the arterial street table required by the Mobility Element and TIA Guidelines, the "Revised LOS" grades in the following table are produced (an explanation of the differences in the LOS grades between the old ai:id new methods can be found in my other communication for Agenda Item #14): Roadway la Costa Aven.ue AM Peak Hour PM Peak Hour La Costa Avenue AM Peak Hour PM Peak Hour La Costa Avenue AM Peak Hour PM Peak Hour La Costa Avenue AM Peak Hour PM Pe.ik Hour Non-compliant {{Carlsbad method" Prus Project Segment Volume I LOS El Camino Real to Nueva 9st@~ Way eastbound 437 A westbound 947 A eastbound S62 A westbou nd 597 I A Viejo Ca5!!1la to Calle Madero. eastboun.d 497 A westbound :sos A eastbound 796 A westbound 546 i A Gibraltar Street to. Romeri9: Street eastbound 493 A westbound 752 A eas1bound 738 A we~thrnmrl 'i07 A Quin.ta streetto£a;dencia Street eastbound 482 ! A westbound 59S A eastbound 568 A westbound 495 l A 4 HCM-compliant service volume table method Revised LOS C F F D D F F D D E E D D D D 0 Footnote 3 (La Costa Avenue intersection LOS analysis}: Although the City does not apparently consider intersection analysis to be useful or accurate, this table from the "La Costa Avenue Road Diet Traffic Analysis" Memorandum prepared by consulting firm LSA Associates, Inc. shows LOS D at the Nueva Castilla Way intersection. This table was not provided to the TSC as part of the May 2018 Staff Report: Study Area No. intersection 1 Nuev;:i Castilla Wa•,/L;_i Cm.la Avenue 2 Vieio Castilla Way/La Costa Avenue 3 RomerJa Street/La Co~1a Avenue 4 Cadencia St~et/la Costa Averme D<!'lay is report"'d in seron$. LOS "' Jq,vtl'I of ~el!Vice Sincerely, Steve Linke Carlsbad, CA ~ __ .·- . . Email: splinke@gmail.com Baseline AM Peak PM Peak Hour Ho.ur Delay tOS Delay LOS 23.6 C 26-7 D 1L4 B 7.6 A 9.3 A 7.3 A 10.,9 :s 9.6 A 5 Plus Project AM Peak PM Peak Hour Hour Delay LOS Delay LOS 24.6 C 29~6 (l 11,8 8 mo A 13.7 B 7.8 A 13.0 B 10.1 B