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Yunex LLC; 2021-02-23; PWS21-1318TRAN
CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR CADENCIA STREET TRAFFIC CALMING - Bidding CONTRACT NO. 6070 BID NO. PWS21-1318TRAN TABLE OF CONTENTS Item Page Notice Inviting Bids 6 Contractor's Proposal 13 Bid Security Form 18 Bidder's Bond to Accompany Proposal 19 Guide for Completing the "Designation of Subcontractors" Form 20 Designation of Subcontractor and Amount of Subcontractor's Bid Items 22 Bidder's Statement of Technical Ability and Experience 23 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 24 Bidder's Statement Re Debarment 25 Bidder's Disclosure of Discipline Record 26 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid 28 Contract Public Works 29 Labor and Materials Bond 35 Faithful Performance/Warranty Bond 37 Optional Escrow Agreement for Surety Deposits In lieu of Retention 39 t 41,0 Revised 6/12/18 Contract No. 6070 Page 2 of 128 GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 42 1-2 Definitions 42 1-3 Abbreviations 46 1-4 Units of Measure 49 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 50 2-2 Assignment 50 2-3 Subcontracts 51 2-4 Contract Bonds 52 2-5 Plans and Specifications 53 2-6 Work to be Done 57 2-7 Subsurface Data 57 2-8 Right-of-Way 57 2-9 Surveying 57 2-10 Authority of Board and Engineer 61 2-11 Inspection 62 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 62 3-2 Changes Initiated by the Agency 62 3-3 Extra Work 64 3-4 Changed Conditions 66 3-5 Disputed Work 68 Section 4 Control of Materials 4-1 Materials and Workmanship 73 4-2 Materials Transportation, Handling and Storage 77 Section 5 Utilities 5-1 Location 78 5-2 Protection 78 5-3 Removal 79 5-4 Relocation 79 5-5 Delays 80 5-6 Cooperation 80 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 81 6-2 Prosecution of Work 85 6-3 Suspension of Work 85 6-4 Default by Contractor 86 6-5 Termination of Contract 86 6-6 Delays and Extensions of Time 86 6-7 Time of Completion 87 6-8 Completion, Acceptance, and Warranty 88 6-9 Liquidated Damages 89 6-10 Use of Improvement During Construction 89 10111 Revised 6/12/18 Contract No. 6070 Page 3 of 128 Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 89 7-2 Labor 89 7-3 Liability Insurance 90 7-4 Workers' Compensation Insurance 90 7-5 Permits 90 7-6 The Contractor's Representative 91 7-7 Cooperation and Collateral Work 91 7-8 Project Site Maintenance 92 7-9 Protection and Restoration of Existing Improvements 93 7-10 Public Convenience and Safety 94 Section 8 Facilities for Agency Personnel 8-1 General 101 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 102 9-2 Lump Sum Work 102 9-3 Payment 102 11fr Revised 6/12/18 Contract No. 6070 Page 4 of 128 SUPPLEMENTAL PROVISIONS TO PART 2, 3, AND 6 OF THE SSPWC Part 2 Section 206 206-7 206-8 206-9 Section 209 209-1 Section 210 210-1 210-3 Section 214 214-5 Part 3 Section 310 310-5 310-7 Section 312 312-1 Section 313 313-1 313-2 313-3 313-4 Part 6 Construction Materials Miscellaneous Metal Items Traffic Signs 108 Light Gage Steel Tubing and Connectors 110 Portable Changeable Message Sign 111 Signals, Lighting and Electrical Systems General 112 Paint and Protective Coatings Paint 113 Galvanizing 113 Pavement Markers Reflective Pavement Markers 114 Construction Methods Painting Painting Various Surfaces 115 Permanent Signing 116 Pavement Marker Placement and Removal Placement 117 Temporary Traffic Control Devices Temporary Traffic Pavement Markers 117 Temporary Traffic Signing 118 Temporary Railing (Type K) and Crash Cushions 118 Measurement and Payment 120 Modified Asphalt, Pavement and Processes 600-3 Rubberized Emulsion — Aggregate Slurry 120 Section 700 — Materials 121 700-1 General 121 Section 701 — Construction 127 701-8 Foundations, Foundation Caps and Slabs 127 Revised 6/12/18 Contract No. 6070 Page 5 of 128 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 6 p.m. on December 11, 2020, the City shall accept sealed bids, bids via electronic format via the City of Carlsbad Electronic Bidding Site, PlanetBids which may be accessed at https://www.carlsabdca.qovklepts/finance/contractino/bids.aso for performing the work as follows: Install speed feedback signs and rectangular rapid flashing beacon. CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 PWS21-1318TRAN ELECTRONIC FORMAT RECEIPT AND OPENING OF BIDS: Bids will be received in electronic format (eBids) EXCLUSIVELY at the City of Carlsbad's electronic bidding (eBidding) site, at: http://www.carlsbadca.goviservicesidepts/finance/contracting/bids.asp and are due by the date and time shown on the cover of this solicitation. BIDDERS MUST BE PRE-REGISTERED with the City's bidding system and possess a system- assigned Digital ID in order to submit an electronic bid. The City's electronic bidding (eBidding) system will automatically track information submitted to the site including IP addresses, browsers being used and the URLs from which information was submitted. In addition, the City's bidding system will keep a history of every login instance including the time of login, and other information about the user's computer configuration such as the operating system, browser type, version, and more. Because of these security features, Bidders who disable their browsers' cookies will not be able to log in and use the City's bidding system. The City's electronic bidding system is responsible for bid tabulations. Upon the bidder's or proposer's entry of their bid, the system will ensure that all required fields are entered. The system will not accept a bid for which any required information is missing. This includes all necessary pricing, subcontractor listing(s) and any other essential documentation and supporting materials and forms requested or contained in these solicitation documents. BIDS REMAIN SEALED UNTIL DUE DATE AND TIME. eBids are transmitted into the City's bidding system via hypertext transfer protocol secure (https) mechanism using SSL 128-256-bit security certificates issued from Verisign/Thawte which encrypts data being transferred from client to server. Bids submitted prior to the Due Date and Time are not available for review by anyone other than the submitter, who will have until the Due Date and Time to change, rescind or retrieve its bid should they desire to do so. BIDS MUST BE SUBMITTED BY DUE DATE AND TIME. Once the deadline is reached, no further submissions are accepted into the system. Once the Due Date and Time has passed, bidders, proposers, the general public, and City staff are able to immediately see the results online. City staff may then begin reviewing the submissions for responsiveness, compliance and other issues. RECAPITULATION OF THE WORK. Bids shall not contain any recapitulation of the Work. Conditional Bids may be rejected as being non- responsive. Alternative proposals will not be considered unless called for. %4 1IFS:', , Revised 6/12/18 Contract No. 6070 Page 6 of 128 BIDS MAY BE WITHDRAWN by the Bidder prior to, but not after, the time set as Due Date and Time. Important Note: Submission of the electronic bid into the system may not be instantaneous. Due to the speed and capabilities of the user's internet service provider (ISP), bandwidth, computer hardware and other variables, it may take time for the bidder's submission to upload and be received by the City's eBidding system. It is the bidder's sole responsibility to ensure their bids are received on time by the City's eBidding system. The City of Carlsbad is not responsible for bids that do not arrive by the Due Date and Time. ELECTRONIC SUBMISSIONS CARRY FULL FORCE AND EFFECT. The Bidder, by submitting their electronic proposal, agrees to and certifies under penalty of perjury under the laws of the State of California, that the certification, forms and affidavits submitted as part of this proposal are true and correct. The bidder, by submitting its electronic bid, acknowledges that doing so carries the same force and full legal effect as a paper submission with a longhand (wet) signature. By submitting an electronic bid, the bidder certifies that the bidder has thoroughly examined and understands the entire Contract Documents (which consist of the plans and specifications, drawings, forms, affidavits and the solicitation documents), and that by submitting the eBid as its bid proposal, the bidder acknowledges, agrees to and is bound by the entire Contract Documents, including any addenda issued thereto, and incorporated by reference in the Contract Documents. BIDS ARE PUBLIC RECORDS Upon receipt by the City, bids shall become public records subject to public disclosure. It is the responsibility of the Bidder to clearly identify any confidential, proprietary, trade secret or otherwise legally privileged information contained within the bid. General references to sections of the California Public Records Act (PRA) will not suffice. If the Bidder does not provide applicable case law that clearly establishes that the requested information is exempt from the disclosure requirements of the PRA, the City shall be free to release the information when required in accordance with the PRA, pursuant to any other applicable law, or by order of any court or government agency, and the Bidder agrees to hold the City harmless for any such release of this information. 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. 47. Revised 6/12/18 Contract No. 6070 Page 7 of 128 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 Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. 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 (at time of Bid submit PDF copy via PlanetBids / All Bidders). Bid Bond (Original) within two (2) business days of bid Opening / three (3) Apparent Low Bidders. 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(s) 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) BIDDER'S GUARANTEE OF GOOD FAITH (BID SECURITY' At the time of bid submission, bidders must upload and submit an electronic PDF copy of the aforementioned bid security. Whether in the form of a cashier's check, a properly certified check or an approved corporate surety bond payable to the City of Carlsbad, the bid security must be uploaded to the City's eBidding system. Within two (2) business days after the bid opening date, the first three (3) apparent low bidders must provide the City with the original bid security. Failure to submit the electronic version of the bid security at time of bid submission shall cause the bid to be rejected and deemed non-responsive. Only the three (3) apparent low-bidders are required to submit original bid security to the city within two (2) business days after bid opening date. Failure to provide the original within two (2) business days may deemed the bidder non-responsive. Due to COVID-19, the City of Carlsbad offices are closed to the Public. Bidder's Bid Bond (Original) will be accepted via USPS, UPS or any other courier service during regular business hours. If you have any questions regarding this matter please feel free to email me at janean.hawney@carlsbadca.gov. t sr- Revised 6/12/18 Contract No. 6070 Page 8 of 128 Original Bid Bond shall be submitted to: City of Carlsbad Public Works, Contract Administration Attention: Janean Hawney, Contract Administrator 1635 Faraday Avenue Carlsbad, California, 92008 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 $75,900. 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. SPECIALTY 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: 010: Electrical Contractor 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 Bid packages, various supplemental provisions and Contract Documents may be obtained on the City of Carlsbad website at www.carlsbadca.gov. 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 Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. t Revised 6/12/18 Contract No. 6070 Page 9 of 128 PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. PRE-BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Janean Hawney, Contract Administrator ianean.hawnevcarlsbadca.00v 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 December 1, 2020 at 5 p.m. No questions will be entertained after that date. —1- Revised 6/12/18 Contract No 6070 Page 10 of 128 The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project on or before December 4, 2020. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1)An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2)A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1)Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2)Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1)Meet the conditions stated above for all insurance companies. 2)Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City 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. 6070 Page 11 of 128 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. November 12, 2020 Date Janea Hawney, Deputy Clerk tit Revised 6/12/18 Contract No. 6070 Page 12 of 129 VIEIVIENS CITY OF CARLSBAD CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 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. 6070 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: SCHEDULE "A" ROAD IMPROVEMENTS Item No. Description 1 Furnish and Install RRFB system Complete with Property Bracketing, Mounting Hardware, Double-Sided Signs, Bi-Directional Lightbar, Top Mount Solar Engine Enclosure and Wireless Communication. Furnish and Install 16' High 4" Diameter Pole with Foundation Complete at Nineteen Thousand, Six Hundred Fifty Dollars and Zero Cents (Price in Words) Approximate Quantity Unit Price Total Amount And Unit (Figures) (Figures) 2 EA $9,825.00 $ 19,650.00 tire S —I— Revised 6/12/18 Contract No. 6070 Page 13 of 128 SIEMENS 2 Furnish and Install Solar Radar 3 EA $ 13,150.00 $ 39,450.00 Speed Feedback System Complete with Proper Bracketing, Mounting Hardware and Sign. Furnish and Install 16' High 4" Diameter Pole with Foundation Complete at Thirty Nine Thousand, Four Hundred Fifty Dollars and Zero Cents (Price in Words) 3 Signing and Striping at 1 LS $ 4,075.00 Four Thousand, Seventy Five Dollars and Zero Cents (Price in Words) 4 Mobilization at 1 LS $ 650.00 Six Hundred Fifty Dollars and Zero Cents (Unit Price in Words) 5 Traffic Control at 1 LS $ 650.00 Six Hundred Fifty Dollars and Zero Cents (Price in Words) Total amount of bid in words for Schedule "A": Sixty Four Thousand, Four Hundred Seventy Five Dollars and Zero Cents Total amount of bid in numbers for Schedule "A": $ 64,475.00 The City shall determine the low bid based on Schedule "A" and Additive Alternative Schedule "B". After the low Bid has been determined, the City may, at its sole discretion, award the Contract for Schedule "A" alone or for Schedule "A" and Additive Alternative Schedule "B". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). 1 has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City 4P). Revised 6/12/18 Contract No. 6070 Page 14 of 128 SI7MENS 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 1042278 , classification A & C-10 which expires on 07/31/2022 , and Department of Industrial Relations PWC registration number 1000059880 which expires on 06/30/2021 , 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 ssCity § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1.That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2.That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is a Bid Bond (10% of bid amount) (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. SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1)Name un.- ach business is conducted (2)Signature (given and sur of proprietor (3)Place of Business (Street a ber) City and State (4)Zip Code Telephone No. (5)E-Mail —r- Revised 6/12/18 Contract No 6070 Page 15 of 128 PARTNERSHIP, SIGN HERE: SIEMENS (1) Name which business is conducted (2) Signature (given an me and character of partner) (Note: Signature must be made by a general partner) (3)Place of Business (Street and Number) City and State (4)Zip Code Telephone No. (5)E-Mail IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted Siemens Mobility, Inc. (2) -....re- tNgnatur Steve eal Director of Service (Title) Seal here (3)Incorporated under the laws of the State of Delaware (4)Place of Business 2250 Business Way City and State Riverside, CA (Street and Number) (5)Zip Code 92501 Telephone No. (951) 784-6600 (6)michael.hutchens@siemens.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 1% -1- Revised 6/12/18 Contract No. 6070 Page 16 of 128 CANDACE GALLAHER Notary Public - California Riverside County Commission g 2300629 My Comm. EXpireS Aug 8. 2023 WITNESS my hand and official seal. (Seal) Signature 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 Riverside On December 11th, 2020 before me, Candace Gallaher - Notary Public (insert name and title of the officer) personally appeared Steven Teal who proved to me on the basis of satisfactory evidence to be the person(0 whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 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: Marc Buncher - CEO Marsha Smith - Vice President Shawn Friedman - Treasurer Please see attached "Delegation of Approval Authority" for signature authorization IOW ta w,' —1— Revised 6/12/18 Contract No. 6070 Page 17 of 128 Siemens Mobility, Inc. (SEAL) Federal Insurance Company (SEAL) (Principal) (Surety) 0, (Signature) By: D-Ann Kleidosty, Attorney-In-Fact B: tsV, CELIA A. BREWER City Attorney By: Assistant City Attorney —T- Revised 6/12/18 Contract No. 6070 Bid Bond No. 79434-CHU-20-172 BIDDER'S BOND TO ACCOMPANY PROPOSAL CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 KNOW ALL PERSONS BY THESE PRESENTS: That we, Siemens Mobility, Inc. , as Principal, and Federal 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 Amount Bid (10% of Ainount Bid) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 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 11th day of December , 20 20 (Print Name/Title) (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY — ATTACH ATTORNEY-1N-FACT CERTIFICATE) APPROVED AS TO FORM: Page 19 of 128 WITNESS my hand and official seal. / 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 o Individual (s) O Corporate Officer (Tale) O Partner(s) O Attorney-in-Fact o Trustee(s) o Other 2015 Version W WY>, N ia C ia s es o m 800-873-9855 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. personally appeared 9 :-Uk0 who proved to me on the basis of satisfactory evidence to be the person.(e . whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/stieffrey executed the same in his/lief/their authorized capacity(iae, and that by his/her-At& signature(sy on the instrument the person(s); or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. No 1j Public Signatu (Notary Public Seal) 01iliCommission Expires: t Ole) )-.*.r3 ADDITIONAL OPTIONAL INFORMAT ON This form complies with current California statutes. regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments ,from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary •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. heisheitheyr is Ian) 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. State of CMS. COkrn1 CA County of ,)').1\ CSLk On '0QAIN\")ex--\Yh iaalefore rneaakosl_&1X otary Pu lic re insert name and tale of the officer) CANDACE GALLAHER Notary Public - California Riverside County Commission # 2300629 My Comm. Expires Aug 8.2023 INSTRUCTIONS FOR COMPLETING THIS FORM 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 o Individual (s) O Corporate Officer (Title) C3 Partner(s) O Attorney-in-Fact o Trustee(s) o Other CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. • State of Georgia County of Fulton On December 11, 2020 before me, Maria Concepcion , Notary Public (HereTniert name and the of the officer) personally appeared D-Ann Kleidosty who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ subscribed to the within instrument and acknowledged to me that by/she/they executed the same in kis/her/their authorized capacity(ies), and that by us/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ( C WITNESS my hand and official seal. ITV/4 CA, \Pi\ C& Notary Public Signature My Commission Expires: August 23, 2025 =a. : :,i, -,...• h .a. e 4,-,. r., .e..?:.... c c. , w ..... 'c,, . ,....., . -. • ..., '''' LP.--.' r." a (Notary Public seal) , .1/,.^ INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current Califbrnia statutes regarding notary wording and, if needed, should be completedand attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. •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 /erre ) 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. 4. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 4. Indicate title or type of attached document, number of pages and date. 4. 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. ADDITIONAL OPTIONAL INFORMATION co fil 800-ET3-:9855 CHUBB Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY. an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNYIT COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania. do each hereby constitute and appoint D-Ann Kleidosty each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) even or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 10th day of March, 2020. ehlsoiLe‘ Dawn \I. (:h lotus. \ssistaitt Smpetary Stephen M.I 'alley. Vice President o. STATE OF NEW JERSEY County of Hunterdon SS. On this 10th day of March. 2020 before me. a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney. to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WFS.TCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney. being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal KATHERINE J. AC/MAAR NOTARY PUBLIC OF NEW JERSEY No. 2316685 CommIssion Expnes July 16, 2024 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009: 12ESOLVI:31 that the following authorizations relate to the execution, for and on behalf of the Company, of bonds undertakingi, recognixances, contracts and other written commitments of the Company entered into in i he ordinary course of business (each a -Writ ten Commitment"): (I) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any wriuen Comminment for and on behalf of the Company, under the seal of the Company or otherwise. (2)Each duly appointed attorney-in-fact of the Company Ls hereby authorized to execute any Written Commitment for and on behalf of the Commuly, under the seal of the Company or otherwise, to the extent that such action Is authorized by the grant of powers provided for in such person's written appointment as such attorney-Intact. (3)Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf ofthe Company, to appoint in writing any person the attorney. in-fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as maybe specified in such written appointment, which specification may be by geneml type or class of Written Commitments or by specification of one or more particular Written Commitments. (4)Each of the Chairman. the President and the Vice Presidents of the COI npany is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation. whichspecification may he by general type or class of Written Commitments or by specificationof one or more particular . Written Commitments. (5)The signature of any officer or other person executing any written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may he affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not he deemed to be an exclusive statementof rhe powers and authority of officers, employees and other persons to act for and on behalf of the Company. and such Resolution sl tall not limit or otherwise affect the exercise of any such power or authority otherwise v:Ilicllygitnted or vested." I, Dawn M. Chloms, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the"Companies") do hereby cerdfy that (i)the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect. (ii)the foregoing Power of Attorney is true, correct and in full force and effect Given under my band and seals of said Companies at Whitehouse Station, NJ, this December 11, 2020 C.)W,ost•—\i`Cl. OK.LsOke‘ Dawn NI. Ch toms. Assistant Secretary' TN THE EVENT YOU W ISI I TO VERIFY THE AuTRENTrcrrY OF TIIIS BOND OR NOTFFY US OF ANY OTHER mArnat, PLEASE CONTACT U8 AT: Telephone (90ffi 903-3493 Fax (908) 903 3656 surety@chubb.com Combined: FED-VIG-PI-NIFIC-AAIC (rev. 11-19) DocuSign Envelope ID; CCF7D358-9825-47C6-884C-6EAB7BF6431E FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis December 31, 2019 (in thousands) ASSETS LIABILITIES AND SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ (429,780) Outstanding Losses and Loss Expenses $ 6,823,691 United States Government, State Reinsurance Payable on Losses and Expenses 1,433,250 and Municipal Bonds 4,559.706 Unearned Premiums 2,014,727 Other Bonds 5,314,219 Ceded Reinsurance Premiums Payable 353,115 Stocks 32,735 Other Liabilities 849,544 Other Invested Assets 1,029,/33 TOTAL INVESTMENTS 10.506.613 TOTAL LIABILITIES 11,474,327 Investments in Affiliates: Capital Stock 20,980 Great Northern Ins. Co, 395,442 Paid-1n Surplus 2,711,474 Vigilant Ins. Co. 341,290 Unassigned Funds 1,306,881 Chubb Indemnity Ins. Co. 178,808 Chubb National Ins. Co. 181,053 SURPLUS TO POLICYHOLDERS 4,039,335 Other Affiliates 97,150 Premiums Receivable 1,511,096 Other Assets 2.302.210 TOTAL L1ABILMES AND TOTAL ADMITTED ASS±IS $ 15513,662 SURPLUS $15,513.662 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2019, investments with a carrying value of $508,749,121 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duty sworn, says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge arid belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 at day or December, 2019. ,----Doca§lifn wore me L • -• Zaev., "TitOc- t---028C1F5155111Mft:.Vice President kAlt-t '1; Notary Public 4)6 112t4- \ 7-12-)Z-3 friission expires Commonwealth of Pennsylvania Notary Seal Diane Wright, Notary Public Philadelphia County My commission expires August 8, 2023 Commission number 1235745 Member, PenruiyiVNAlaiAoSOCiatiOrr of NOtarles GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. •The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. 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. os, Revised 6/12/18 Contract No. 6070 Page 20 of 128 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. •)• —1- Revised 6/12/18 Contract No. 6070 Page 21 of 128 SIEMENS DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 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 Portion of Work Subcontractor Name and Location of Business Phone No. and Email Address DIR Registration No. Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* Pavement Orange County Striping Service, Inc. (714) 639-4550 1000005547 346095 $3,130.00 Markings / 183 N. Pixley Street Ron Wilcox C32 Striping Orange, CA 92868 rongocstriping.com _ Page 1 pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." 4/1),' t Ur' Revised 6/12/18 Contract No. 6070 Page 22 of 128 SIEMENS BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 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 Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contact Type of Work Amount of Contract- A full list of references has been added to the package for your review/consideration tral —I- Revised 6/12/18 Contract No. 6070 Page 23 of 128 SIEMENS BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 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: DS) Comprehensive General Liability Lgi Automobile Liability Workers Compensation Employer's Liability *Sample Insurance Certificate on next page 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. —1- Revised 6/12/18 Contract No. 6070 Page 24 of 128 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee , 7 6g) ACCWO CERTIFICATE OF LIABILITY INSURANCE 11...------- DATE (MM(DDNYYY) 01/14/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA, INC. 445 SOUTH STREET MORRISTOWN, NJ 07960-6454 CN102147003-MOBI-PROF-20/21 MOBI HLAVA NOC60 SMI CONTACT NAME: PHONE FAX (A/C. No. Ext); (NC, No): E-MAIL ADDRESS- INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: HDI Global Insurance Company 41343 INSUREDSIEMENS MOBILITY INC. 170 WOOD AVENUE, SOUTH ISELIN, NJ 08830 INSURER s: Travelers PropA/ Casug_4r Co. of America 25674 INSURER c: The Travelers Indemnity Company 25658 INSURER D: INSURER E - INSURER F; COVERAGES CERTIFICATE NUMBER: NYC-011012436-03 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 LTR ADDL TYPE OF INSURANCE INSD SUER WVD POLICY NUMBER POLICY EFF (MM/DDNYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GLD11101-12 10/01/2020 10.101/2021 EACH OCCURRENCE s 1,000,000 CLAIMS-MADE 1 X I OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) S 1,000,000 MED EXP (Any one person) S 100,000 PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 10,000,000 X POLICY PRO-JECT LOC PRODUCTS - COMP/OP AGG $ ' INCL OTHER: $ B AUTOMOBILE LIABILITY TC2J-CAP-7440L34A-TIL-20 10/01/2020 10/0112021 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 X 1 ANY AUTO _ BODILY INJURY (Per parson) $ N/A I X OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ NIA x HIRED AUTOS ONLY x NON-OWNED AUTOS ONLY PROPERTY DAMAGE _(f___.'eL- aopident) $ N/A $ A X — UMBRELLA LIAB X _ OCCUR CUD11102-12 10/0112020 10/01/2021 EACH OCCURRENCE I $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTIONS $ B WORKERS COMPENSATION EMPLOYERS' LIABILITY ER UB-8P83929A-20-51-K(AOS) STATUTEAND 10(01/2020 10/01/2021 X I PER 0TH- C ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y / N N NIA UB-81D79233A-20-51-R(AZ, MA, OR, WI) 10/01/2020 10/01/2021 E.L. EACH ACCIDENT S 1,000,000 p - (Mandatory in NH) TWXJ-UB-7440L338-20 (OH) 10/01/2020 10/01/2021 EL. DISEASE - EA EMPLOYEE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below "S500K LIMIT i$500K SIR"-"'" E.L. DISEASE - POLICY LIMIT S 1,000,000 A PROFESSIONAL LIABILITY E0D5618801 Deductible: 1,000,000 10/01/2020 10/01/2021 5,000,000 DESCRIPTION OF OPERATIONS !LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: PROJECT: CADENCIA STREET TRAFFIC CALMING, BID NO. PWS21-1318TRAN, PROJECT NO. 6070 SEE ATTACHED CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD/CMWD C/O EXIGIS INSURANCE COMPLIANCE SERVICES P.O. BOX 4668 - ECM #35050 NEW YORK, NY 10163-4668 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE: PROJECT: CADENCIA STREET TRAFFIC CALMING, BID NO. PWS21-1318TRAN, PROJECT NO. 6070 CITY OF CARLSBAD/CMWD CIO EXIGIS INSURANCE COMPLIANCE SERVICES ARE HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL UABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLY AS PRIMARY INSURANCE & OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY & NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. WAIVER OF SUBROGATION IS EFFECTUAL WHERE REQUIRED BY WRITTEN CONTRACT. COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. AGENCY CUSTOMER ID: CN102147003 LOC #: Morristown ACCORD ® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY MARSH USA. INC. NAMED INSURED SIEMENS MOBILITY, INC. 170 WOOD AVENUE SOUTH ISELIN, NJ 08830 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE. ADDITIONAL REMARKS ACORD 101 (2008/01) @2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO POLICY NUMBER: TC2J-CAP-7440L34A-TIL-20 ISSUE DATE: 09-01-20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage pro- vided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED TO ADD AS ADDITIONAL INSURED, BUT ONLY TO COVERAGE AND MINIMUM LIMITS REQUIRED IN A WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provi- sion contained in Paragraph A.1. of Section II — Coy- ered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 HDI GLOBAL INSURANCE COMPANY MANUSCRIPT ENDORSEMENT # 32 Policy Number Named Insured GLD11101-12 SIEMENS CO RPORATION Policy Period: Inception (M-D-Y) Expiration (M-D-Y) Effective Date and Time of Endorsement 10-01-2020 10-01-2021 10-01-2020 12:01 a.m. Standard Time at Address of the Insured. This Endorsement Changes The Policy. Please Read It Carefully. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Who is an insured is amended to include as an additional insured any person whom you are required to add as an additional insured on this policy under a written agreement, 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 omissions of those acting on your behalf. The insurance coverage provided to such additional insured applies only to the extent required within the written agreement. The insurance coverage provided to the additional insured person shall not provide any broader coverage than you are required to provide to the additional insured person in the written agreement and shall not provide limits of insurance that exceed the lower of the Limits of Insurance provided to you in this policy, or the limits of insurance you are required to provide in the written agreement. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance, whether primary, excess, contingent, or on any other basis, that is available to the additional insured for a loss we cover under this endorsement However, if the written agreement specifically requires that this insurance apply on a primary basis, this insurance is primary. If the written agreement specifically requires this insurance apply on a primary and non-contributory basis this insurance is primary to other insurance available to the additional insured and we will not share with thatother insurance. This endorsement shall prevail over additional insured endorsements that may apply under this policy unless required otherwise in the written agreement. P Authorized Representative All terms and conditions of the policy remain unchanged. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page (name of Contractor) By: c_ sign SPERI BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 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. N/A N/A party debarred party debarred agency period of debarment period of debarment BY CONTRACTOR: Siemens Mobility, Inc. Steven Teal, Director of Service (print name/title) Page 1 of 1 pages of this Re Debarment form 1% Revised 6/12/18 Contract No. 6070 Page 25 of 128 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 Riverside On (V../...‹Jmovv__ before me, Candace Gallaher - Notary Public (insert name and title of the officer) personally appeared -1F•te,4--i who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 01)th(j.01)t (a_SciA (Seal) CANDACE GALLAHER Not Public - California Riverside County Commission # 2300629 My Comm. Expires Aug 8, 2023 SIEMENS BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 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 no yes 2)Has the suspension or revocation of your contractor's license ever been stayed? x no yes 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 no yes 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 pertains to, describe the nature of the violation and the disciplinary action taken therefore. N/A (If needed attach additional sheets to provide full disclosure.) Page 1 of 1 pages of this Disclosure of Discipline form —r. Revised 6/12/18 Contract No. 6070 Page 26 of 128 (na of Contractor) SIEMENS BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 1) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. N/A (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Siemens Mobility, Inc. Steven TeakDirector of Service (print name/title) Page 1 of 1 pages of this Disclosure of Discipline form 4.1frt, ti --1- Revised 6/12/18 Contract No. 6070 Page 27 of 128 WITNESS my hand and official seal. Signature (Seal) 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 Riverside On ‘-7..ct7•A,,e-.4-,, 1.V1V' before me, Candace Gallaher - Notary Public (insert name and title of the officer) personally appeared -;INEV-=*-' 7t-NAL, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/he/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. •--Zr 1 7 CANDACE GALLAHER •Notary Public - California Riverside County Commission # 2300629 7 My Comm. Expires Aug 8, 2023 SIEMENS NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 The undersigned declares: I am the Director of Service of Siemens Mobility, Inc., the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or 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 December 11th , 20 20 at Riverside [city], California [state]. Signature of Bidder Steven Teal, Director of Service oik AwS a,- Revised 6/12/18 Contract No. 6070 Page 28 of 128 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 Riverside December 11th, 2020 On before me, Candace Gallaher - Notary Public (insert name and title of the officer) personally appeared Steven Teal who proved to me on the basis of satisfactory evidence to be the person(s)- whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she.lthey.executed the same in his/her/their authorized capacity(ies), and that by his/h&/their signature(s)0n the instrument the person(s); or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CANDACE GALLAHER _ Notary Public - California Riverside County 44r+61.) Commission it 2300629 My Comm. Expires Aug 8. 2023 (Seal) CONTRACT PUBLIC WORKS This agreement is made this 3Aci) day of ,-_--(7_1(-)4 , 2ogt, by and between the City of Carlsbad, California, a municipal corporatien ereinafter called "City"), and Siemens Mobility Inc, a Delaware corporation whose principal place o business is 2250 Business Way, Riverside, CA 92501 (hereinafter called "Contractor"). City and Contractor agree as follows: 1.Description of Work. Contractor shall perform all work specified in the Contract documents for: CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 (hereinafter called "project") 2.Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3.Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4.Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5.Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by District about underground conditions or other job conditions is for Contractor's convenience only, and District 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. Revised 6/12/18 Contract No. 6070 Page 29 of 129 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 vetain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from 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. arti 114, Revised 6/12/18 Contract No. 6070 Page 30 of 129 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 of Carlsbad'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 (GLC) 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 project/location or the general aggregate limit shall be twice the required occurrence limit. b.Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c.Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a.The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each 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. •1& Revised 6/12/18 Contract No. 6070 Page 31 of 129 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 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. t el- Revised 6/12/18 Contract No. 6070 Page 32 of 129 (B)False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C)Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate 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 abov 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 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. tal —1- Revised 6/12/18 Contract No. 6070 Page 33 of 129 init init By: - (AT/ EST: As\-C44p,r4 ttecAncric IWINVWN't„ (print name and title) L ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED CITY OF CARLSBAD a municipal corporation of the State of California. Geoff Patnoe, Assistant City Manager, as authorized by the City Manager for Barbara Engleson, City Clerk 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. Rcr ePtGaMTTV" SPd..X;r, (print name name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. B WER City Attorney By: Assistant City Attorney al- Revised 6/12/18 Contract No. 6070 Page 34 of 129 A Signature (\0,14At (Seal) 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 Riverside On 0 k /ot-f I before me, Candace Gallaher - Notary Public (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CANDACE GALLAHER Notary Public - California Riverside County ' Commission # 2300629 My Comm. Expires Aug 8, 2023 • 4 I SIEMENS THIS DELEGATION ONLY APPLIES TO SIEMENS MOBILITY, INC. ALL CONTRACTS, BIDS, CERTIFICATES, AFFIDAVITS OR ANCILLARY DOCUMENTS TO BE SIGNED ON BEHALF OF SIEMENS INDUSTRY, INC. MUST BE SIGNED BY MARC BUNCHER AND MARSHA SMITH WITHOUT EXCEPTION DELEGATION OF APPROVAL AUTHORITY FROM CEO MARC BUNCHER AND CFO MARSHA SMITH Rail Infrastructure Rolling Stock Intelligent Traffic Systems Customer Services SIEMENS MOBILITY, INC. A. The undersigned Marc Buncher, CEO and Marsha Smith, CFO of the Siemens Mobility, Inc. (the "Corporation"), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested as CEO and CFO to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s) may exercise such authority for and on our behalf up to $10 million. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Position) (Name/Position) Andreas Thon VP — RI Stefan Heckrath Senior Director, FBA — RI Michael Cahill VP — RS Miriam Scheer Senior Director, FBA — RI Robin Stimson VP — RS MK&S Christopher Halleus Senior Director, FBA — RS Michael Tyler VP — CS Natalie Liggett Senior Director, FBA — CS Marcus Welz VP — ITS David Buchfuehrer Senior Director, FBA — ITS Till Kruse VP, Procurement and Logistics — MO Unrestricted 1 SIEMENS B.It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name or on behalf of the Corporation the same documents as referenced in paragraph A, up to and including a transactional limit of $5 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Position) (Name/Position Douglas Dreisbach Head of Customs and Strategic Portfolio — RI Angel Acuna-Siles Director, FBA Projects — RI Stephan Klein, Senior Director Projects — RI Nick D'Alessandro Controller, Products & Freight Engineering RI Mike Nolan Director, Sales — RI Dariusz Chrominski Director, RS LM Jessica Shaiegan Director, Procurement — RI Thomas Glafenhein Director, RS CP BG & RS TD Luis Tondi Resta Director, Products — RI Kim Swain Director, RS CRC, LM & ME Raymond Ginnell VP — RS CRC Thomas Wiechert Director, RS LR David Gutierrez Director, RS LR Valerie Conway Senior Director, RS SPR Ibrahim Kalender Director, RS CP BG Armin Kick VP — RS LM & HI Yagnesh Kikaganeshwala Head — RS TD Matthew Rumbold Manager, Procurement — CS C.It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $3 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Position) (Name/Position) Francois-Xavier Beau Head of System Integrated Portfolio, RI Nishant D'Sa Commercial Project Manager, RI Jeb A. Echols Manager, Project Estimating — RI James Hryniewicz Commercial Bid Manager, RI Benjamin Kotze Head of Engineering, RI Angela Hunter Commercial Project Manager, RI Ismael Nunez Head of Wayside Portfolio, RI Caroline Robinson Commercial Bid Manager, RI Unrestricted 2 SIEMENS Rodrigo Resende Business Development Professional, RI Adrian Solano Head of Operations BA, RI J. Alfredo Rodriguez Head of Manufacturing Operations, RI Nikki Bassi Director, RS David Sarles Project Procurement Manager, RI Warren Openshaw Director, Operations BA, RS Jacob Street Head of Office Portfolio, RI Michelle Picard Director, RS Emily Watson Procurement Commodity Manager, RI Nico Lindenau Commercial Director, RS CRC Carrie Webber Head of Onboard Portfolio, RI Marco Pfeiffer Commercial Director, RS CRC & LM Paul Aichholzer Director, Projects, RS CRC & LM Miguel Del Castillo Controller, CS MLT Mark Bennett VP, Operations RS Cathie Steele Director, CS LR & RI Carrie Hernandez Director, RS SPR Craig Debevoise Projects Commercial, ITS Matt Owens Procurement Manager, RS SPR Manuel Guio Villarreal Commercial Project Manager, ITS Mitzi Lohmeyer Strategic Procurement Manager, RS CP TD SPR Rudolf Wagner Performance Controlling, MO Simon Davidoff Director, Data Services, CS Angela Maria De Paiva Delicado Finance Manager, REM Americas Ash Evans Deputy Director, CS UT Rob Henrichs Deputy Director, CS MLT Cesar Losada Director, CS Reiner Martin Director, CS Tony Ritter Director, CS Barry Sidler Director of Spare Parts, CS Michael Gaertner Director, ITS PLM/R&D Steve Gitkin Head of Energy & Digital Services, ITS Goutham Lingannagari Head of Bids & Projects, ITS Laryssa Parker Head of Digital Lab, ITS Nils Soyke Project Manager, ITS Wendy Tao Head of Mobility Operating System, ITS Steve Teal Director, ITS Service Gary O'Brien Head of REM Americas Unrestricted 3 SIEMENS D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $1 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Position) (Name/Position) Tony Abboreno Project Manager, RI Sanzhar Aitbayev Commercial Project Manager, RI Jeff Balogh Head of Engineering, RI Stefan Brown Commercial Project Manager, RI James Castaneda Operations Manager, RI Lisa Cams Commercial Project Manager, RI Shawn Cline Project Manager, RI Willian Da Silva Commercial Project Manager, RI Nicholas Corley Warehouse Manager, RI Solomon Lee Commercial Project Manager, RI David Costello, Head of Project Excellence, RI Britten Stark Performance Controller, RI Paul Eliea, Senior Project Director, RI Roxana Vatca Commercial Project Manager, RI Zoltan Egel Head of ACM, RI Lars Volger Senior Commercial Project Manager, RI Christopher Hammett Project Manager, RI Lauren Wesffall Commercial Project Manager, RI Nathan Kalesnikoff Project Manager— Bids & Proposals, RI Rosa Baquero Commercial Project Manager, Field Services RS Kinga Kowzon Project Manager, RI Tommy Charurat Director, Performance Controlling RS Alykhan Manji Project Manager, RI Thomas Koprowski Commercial Project Manager, RS CP BG Abhinav Mitra Project Manager, RI Varnnaphapar Mekwattana Commercial Project Manager, RS CP BG Alejandro Sierra Project Manager, RI Camilo Valdivieso Commercial Project Manager, RS CP BG Michael Smith Head of System Engineering, RI Charles Hollman Commercial Project Manager, RS LR Scott Tarpley Head of Quality in Projects, RI Annerose Kante Commercial Project Manager, RS LR Christopher Thomas Manager, Project Estimating, RI Clive Lepper Commercial Project Manager, RS LR Eddie Urioste Project Manager, RI Mary Matos Commercial Project Manager, RS LR Jonathan Vann Project Manager, RI Christopher Smith Commercial Project Manager, RS LR Suresh Chohan Director of Order Management, RS Ronald Staggs Commercial Project Manager, RS LR Chander Khanna, Sr. Director, Manufacturing Processes RS Annemarie Bech Commercial Project Manager, RS CRC LM George Long VP, Engineering RS Adam Huey Commercial Project Manager, RS CRC LM Unrestricted 4 SIEMENS Shawn McCuaig Director, Field Services RS Donna Lam Commercial Project Manager, RS CRC Kevin McGrew Director, Quality RS Peter Silberhorn Commercial Project Manager, RS CRC & ME Matthias Berghofer Project Manager, RS OP BG Yasmine Forghani Commercial Project Manager, RS LM Andrea Kainz Project Manager, RS OP BG Lidiane de Paula Munhoz Franca Commercial Project Manager, RS LM Patrick Schloffer Project Manager, RS OP BG Irina Martynova Sales Commercial Manager, RS LM Viorel Aninoiu Project Manager, RS LR Tatiana Simonchik Commercial Project Manager, RS LM Charles Bell Project Manager, RS LR Karlene Keene Controlling, RS TD Mason Boswell Project Manager, RS LR Olga Fedorov Commercial Project Manager, CS Michael Carlo Project Manager, RS LR Christine Jaw Commercial Project Manager, CS Jeffrey Curran Project Manager, RS LR Sarah Jenik Commercial Support, CS Will Marshall Project Manager, RS LR Kavita Patel Commercial Project Manager, CS Aaldrik Metting Project Manager, RS LR Tien Pham Commercial Project Manager, CS Hamid Moseli Project Manager, RS LR Julian Stuebler Commercial Project Manager, CS RC Ron VanHuuksloot Project Manager, RS LR Marcin Szczapa Commercial Project Manager, CS Bryce Dudgeon Project Manager, RS CRC Anchal Bansal Commercial Project Manager, ITS Carsten Nebe Project Manager, RS CRC Tamara Schmitt Commercial Project Manager, ITS Rolf Neuhaus Project Manager, RS CRC Claudia Thiele Commercial Project Manager, ITS Constanze Kutschki Manager, RS SPR Robert Martner Senior Project Manager, RS LM Malte Schierwater Project Manager, RS LM Thomas Stehlik Project Manager, RS ME Timothy Ferguson Head of Operations, RS TD Jon Aliason Project Manager, CS Mark Anderson Project Manager, CS Ivan Bukin Project Manager, CS Luis Correia Project Manager, CS Volker Hansen Rail Remote Service Center Manager, CS RC Unrestricted 5 SIEMENS Duane Kopp Project Manager, CS Gerhard Leitner Field Engineering Management, CS Alexander Ossa Project Manager, CS Erik Schildknecht Project Manager, CS Matthew Thomas Project Manager, CS Heriberto De La Garza VieIma Project Manager, ITS Michael Hutchens Operations Manager, ITS Venkatesh Jadhav Project Manager, ITS Gary Kochetkov Project Manager, ITS Scott McCarthy Material Manager, ITS Del Nichols Project Manager, ITS Clint Schuckel Operations Manager, ITS Jaskaran Dhiman Singh Procurement Project Manager, ITS Brennan Smartis Project Manager, ITS William Tucker Operations Manager, ITS E. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as they are referenced in paragraph A, up to and including a transactional limit of $250 thousand. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Position) (Name/Position) Steve Arcaya Project Manager, RI Angela Hampton Performance Controlling, RS Jean-Pierre Beltran Project Manager, RI Robert Dirubbo Project Manager, RI Wolf Eichler Project Manager, RI Karen Gillner Project Manager, RI Nathan Hayes Project Manager, RI Ashwini Hebbar Project Manager, RI Unrestricted 6 SIEMENS Etienne Leboulanger Project Manager, RI Xiaohong Liao Project Manager, RI Jim Lyons Project Manager, RI Gavin Martin Project Manager, RI Mario Mueller Project Manager, RI Sana Mushtaq Project Manager, RI Syed Rahman Project Manager, RI Blake Riley Project Manager, RI Francis Scapellato Project Manager, RI Aaron Seevers Project Manager, RI Thomas Szurszewski Project Manager, RI Erik Valerio Project Manager, RI Ajit Gaikwad Manager of Materials Program Managers, RS Julian Jaeger Product and Engineering Manager, RS TD Brian Jacoby Customer Service Manager, RS TD Stefan Kraemer Business Developer, RS TD Robert Leighton Project Manager, RS TD Jennifer Pearson Project Manager, RS TD David Popp Bid Manager, RS TD Carlota Hafner Bid Manager, ITS Diana Johnson Bid Manager, ITS Robert Paquette Sales Manager, ITS Melissa Rodriguez Sales Manager, ITS Unrestricted 7 ttgltally signed by Bundler Marc ON: anabuncher Marc. baSlernons. arnailansarc.bunchergslornanbcorn Datc2020.08.11 12:00:31450Y Marc Buncher CEO Siemens Mobility, Inc. Buncher Marc Smith Marsha Digitally signed by Srtath Marsha ON: criaSman Marsha, oaSiarnonb amail.rnarshaarnabaslemens.com Data: 2020.08.03 11:09:06 .0400' SIEMENS F.It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C, D, and E are binding upon the Corporation. G.It is further acknowledged that any document shall require the signature of two (2) of the above Authorized Signatories, one each from Business Operations and from Finance/Central Support Functions, whom shall have the requisite signature authority to be legally binding upon the Corporation. H.It is further acknowledged that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of such person's delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department. I.It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution. IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said Corporation, as of the 1st day of August, 2020. Marsha Smith CFO Siemens Mobility, Inc. Unrestricted 8 Bond No. K40209177 LABOR AND MATERIALS BOND VVHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Siemens Mobility Inc, a Delaware corporation (hereinafter designated as the "Principal"), a Contract for: CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 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. vt/HEREAS, 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, VVE, SIEMENS MOBILITY INC, a Delaware corporation, as Principal, (hereinafter designated as the "Contractor"), and Federal Insurance Company , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of SIXTY FOUR THOUSAND FOUR HUNDRED SEVENTY FIVE and 00/100 Dollars ($64,475.00), 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. IL! Revised 6/12/18 Contract No. 6070 Pace 35 of 129 Siemens Mobility, Inc. (SEAL) Federal Insurance Company (SEAL) (Principal) (Surety) B: (Sig lekem.s • (Print Name & Title) opfic..e4,h6-1-7s (Signature) 0-Ann Kleidosty, Attorney-in-Fact (Print Name & Title) CELIA A. BEWER City Attorney By: In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this 12th day of January , 2021 (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY — ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: Assistant City Attorney 41P111" —1- Revised 6/12/18 Contract No. 6070 Page 36 of 129 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 validit of that document. State of California County of Riverside On 0-2-faz I 2.1 before me, Candace Gallaher - Notary Public (insert name and title of the officer) personally appeared fv"cmv\el- s- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) israfe subscribed to the within instrument and acknowledged to me that he/slip/they executed the same in his/ftr/their authorized capacity(ies), and that by his/hIsretNir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CANDACE GALLAHER Notary Public - California Riverside County Commission # 2300629 My Comm. Expires Aug 8. 2023 Signature (Seal) DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of , Georgia County of Fulton On January 12,2021 before me, Maria Concepcion , Notary Public (Here insert name and tile of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the:State of California that the foregoing paragraph is true and correct. , ' WITNESS my hand and official seal. SlItp .0 C .. 0110 > APO-- .i1Nt 4;7, < - (Notary Public Se„N ."1 . , a , a" L: — ADDITIONAL OPTIC)NAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. •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. ltelshe/theys- is /ere) 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. 4* 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. D-Ann Kleidosty ry\o„kit.. CitieNN, Notary Public Signature _i_VILCommission Exaires: August 23, 2021 LY CAPACITY CLAIMED BY THE SIGNER o Individual (s) o Corporate Officer (Title) o Partner(s) (k) Attorney-in-Fact o Trustee(s) o Other 2015 Version w.,Nw.NotaryClasses. corn 800,873-9865 eMseit..e‘ tAA. itiv.m XI. Chlorti4. ..sistant Secretary Stephen NIA kiney. . Vice President Power of Attorney Federal Insurance Company 1 Vigilant Insurance Company 1 Pacific Indemnity Company Westchester Fire Insurance Company 1 ACE American Insurance Company Know AII by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint D-Ann Kleidosty each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writinp obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereat said FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate Seals on this 10111 day ofMarch, 2020. STATE OF NEW JERSEY County of Hunterdon SS. On this 1021 day of March. 2020 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JERSEY No. 23100136 Commission Expires July le, 2024 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December II, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED. that the following authorirations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a Written Commitment,: (I) Each of dte Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the sell of the Company or otherwise (2)Each duly appointed atrorney-in-fact of the Company is hereby authorized to execute any Written commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-intact. (3)Each of the Chairman. the President and the Vice Presidents of the Company La hereby authorized, for and on behalf of the Company, to appoint In writing any person the attorney- in-fact of the Company with full power and authority to execute, for arid on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may he specified in such written appointment, which specification may be by general type or dam of written Commitments or by specification of one or more particular Written Commitments. (4)Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfol the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified In such written delegation. which specification may be by general type or class of Written C,onimiernents or by specification of one or more particular Written Commitments. (5)The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not he deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company. andsuchResolution shall not lin& or otherwise affect the exercise of any such power or authority otherwise validly granted or vested.- r, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies') do hereby certify that (i)the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii)the foregoing Power of Attorney is true, correct and in full force and effect. Given under my band and seals of said Companies at Whitehouse Station, NJ, this January 12, 2021 Qilaust--\111. ehisoke‘ Rival AI CiticaTK. Assistant SecretaW IN THE EVENT YOU WISH TO VERIFY THE AuntgNTICrrY Millis BOND OR NOTIFYUS OF ANY OTHER Mis,'TTER, PLEASE CONTACI' US Al': Telephone (908)9013493 Fax (908)903- 3656 surety@chubb.com Combined: FED-VIG-PI-WFIC.A.AIC (rev. 11-19) DocuSign Envelope ID: CCF7D358-91325-47C6-8134C-6EAB7BF6431E FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABIUTIES AND SURPLUS TO POUCYHOLDERS Statutory Basis December 31, 2019 (in thousands) ASSETS LIABILITIES AND SURPLUS TO POLICYHOLDERS Cash and Short Term Investments (429,780) Outstanding Losses and Loss Expenses $ 6,823,691 United States Government. State Reinsurance Payable on Losses and Expenses 1,433,250 and Municipal Bonds 4,559,706 Unearned Premiums 2,014,727 Other Bonds 5,314,219 Ceded Reinsurance Premiums Payable 353,115 Stocks 32,7.35 Other Liabilities 849,544 Other Invested Assets 1.029,733 TOTAL INVESTMENTS 10.506,613 TOTAL LIABILITIES 11,474,327 Investments in Affiliates: Capital Stock 20,980 Great Northern Ins. Co. 395.442 Paid-In Surplus 2,711,474 Vigilant Ins. Co. 341,290 Unassigned Funds 1,306,881 Chubb Indemnity Ins. Co. 178.808 Chubb National Ins. Co. 181,053 SURPLUS TO POLICYHOLDERS 4,039,335 Other Affiliates 97,150 Premiums Receivable 1,511,096 Other Assets 2,302,210 TOTAL LIABILITIES AND TOTAL ADMITTED ASSE iS 15,513,662 SURPLUS $ 15,513,662 Investments are valued in accordance With requirements of the National Association of Insurance Commissioners, At December 31, 2019, investments with a carrying value of $508,749,121 Were deposited with government authorities as required bylaw. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duty sworn, says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing 17 a trim and correct statement of the said Companys financial condition as ofthe 31 st day of December, 2019. f DOCU%Wore me this l _ kTi 2 ct2...c,-, lihkn. L---028 sident cktx 2_ 4 1 `ZS' Notary Public My corfrinission expires Commonwealth of Pennsylvania - Notary Seal Diane Wright, Notary Public Philadelphia County My commission expires August 8,2023 Commission number 1235745 Member, Pennsylvania Association of Notaries Bond No. K40209177 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Siemens Mobility Inc, a Delaware corporation, (hereinafter designated as the "Principal"), a Contract for: CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 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, SIEMENS MOBILITY INC, a Delaware corporation, as Principal, (hereinafter designated as the "Contractor"), and Federal Insurance Company , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of SIXTY FOUR THOUSAND FOUR HUNDRED SEVENTY FIVE and 00/100 Dollars ($64,475.00), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 4111eik tu w Revised 6/12/18 Contract No. 6070 Page 37 of 129 By: (Signature) In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this 12th day of January , 20 21 Siemens Mobility, Inc. —(SEAL) Federal Insurance Company (Principaly, (Surety) Signature) dli'61,Iti (Prin Name &title)1 KINS o 4---)4414. 6,4 S My__ , (SEAL) D-Ann Kleidosty, Attorney-in-Fact (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY — ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney Revised 6/12/18 Contract No. 6070 Page 38 of 129 WITNESS my hand and official seal. CANDACE GALLAHER Notary Public - California Riverside County Commission It 2300629 My Comm. Expires Aug S. 2023 Signature (Seal) 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 Riverside ) On 0-7-17-1 14 before me, Candace Gallaher - Notary Public (insert name and title of the officer) personally appeared 1V)f04,4W\— 71-. Or•liCOet-1> , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/* subscribed to the within instrument and acknowledged to me that he/si*thqy executed the same in his/kr/trreir authorized capacity(ies), and that by his/*/tliseir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DESCRIPTION OF THE ATTACHED DOCUMENT Mlle or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER O Individual (s) O Corporate Officer (Title) O Partner(s) •Attorney-in-Fact o Trustee(s) o Other — CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Georgia County of Fulton On January 12, 2021 before me, Maria Concepcion , Notary Public diere insert name and lite of the officer) personally appeared D-Ann Kleidosty who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. edoor. Notary Public Signature •My Commission Expires: August 23, 2021 ADDITIONAL OPTIONAL INFORMAT ON This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. •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 late ) 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. 4* 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. wcfr, • (Notary Public Seal) -..7.;f• INSTRUCTIONS FOR COMPLETING THIS FORM 2015 Version www NotaryClasses:com 800-873-9865 HLJ Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY. a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania. do each hereby constitute and appoint 0-Ann Kleidosty each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of busities,N, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCM3STEFt FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 10g, day ofMarch, 2020. EKICA.E1‘ Itiwn NI. (likes. Xssistant Secretary Stephen M. 11:int.)'. Vice President STATE OF NEW JF.R.SF:Y County of Hunterdon ss. On this RP day of March. 2020 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACWIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JERSEY No. 2316685 Commission Expires July 16, 2024 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December II, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, ofbonds, undertakings, recopizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Writ ten Commitment"), (1)Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company; under the seal of the Company or otherwise. (2)Each duly appointed attorney-in-fact of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such artorney-in-fitct. (3)Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute. for and on behalf of the Company, under the seal of the Company or otherwise. such Mitten Commitments of the Company as maybe specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4)Each of the Chairman. the President and the Vice Presidents of the Company is hereby authorized, for and onbehalf of the Company, to delegate in writing toasty other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5)'the signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVER that die foregoing Resoiution shall not he deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolutionshall not limit or otherwise affect Me exerdse of anysuch power or authcaity otherwise validly granted or vestal" I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE LNSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do herebycertify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are flue, correct and in full force and effect, 00 the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand arid seals of said Companies at Whitehouse Station, NJ, this January 12, 2021 Cx3skri._>^‘ ehisut Rival IL (*Affray& AKsiKtarn Secroary' Ill 11 IR EVENT YOU WISH TO VERIFY THE ALITHENI1C1TY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER. PLEASE CONTACT US AT: Telephone (908)903-3493 Fax (908)903 3656 surety@chubbaxim Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) Notary Public DocuSign Envelope ID; CCF7D358-9825-47C6-8B4C-6EAB7BF6431E FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis December 31, 2019 (in thousands) ASSETS LIABILITIES AND SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ (420,780) Outstanding Losses and Loss Expenses $ 6,823,691 United States Government, State Reinsurance Payable on Losses and Expenses 1,433,250 and Municipal Bonds 4,559,706 Unearned Premiums 2.014,727 Other Bonds 5.314,219 Ceded Reinsurance Premiums Payable 353,115 Stocks 32,735 Other Liabilities 849,544 Other Invested Assets 1,029. /33 TOTAL INVESTMENTS 10.506,613 TOTAL LIABILIIIFS 11,474.327 Investments in Affiliates: Capital Stock 20,980 Great Northern Iris. Co. 395,442 Paid4n Surplus 2,711.474 Vigilant Ins. Co. 341,290 Unassigned Funds 1,306,881 Chubb Indemnity Ins. Co. 178,808 Chubb National Ins. Co. 181,053 SURPLUS TO POLICYHOLDERS 4,039.335 Other Affiliates 97.150 Premiums Receivable 1,511 096 Other Assets 2,302,210 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 15,513,662 SURPLUS 15,513,667 Investments we valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2019, investments with a carrying value 015508,749.121 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duly sworn, says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing is. a true and correct statement of the said Companys financial condition as of the 31 st day of December, 2019. Docutietumt Wore me this (j pP • i .. -Titer -02ScireoSSVile*.Vice President ?-c-/Z 3 My corr2)nission expir'es Commonwealth of Pennsylvania - Notary Seal Diane Wright, Notary Public Philadelphia County My commission expires August 8,2023 Commission number 1235745 member, Pennsylvania Aesociatlon of Notaries 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 "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 District pursuant to the Construction Contract entered into between the City and Contractor for CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 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. 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. ta. —I- Revised 6/12/18 Contract No. 6070 Page 39 of 128 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: For Contractor: For Escrow Agent: Title Name Signature Address Title FINANCE Name Signature Address 1635 Faraday Avenue, Carlsbad, CA 92008 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. 4S' Ur - Revised 6/12/18 Contract No. 6070 Page 40 of 128 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name Signature Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address 4P‘" tiwe —1- Revised 6/12/18 Contract No. 6070 Page 41 of 128 SIEMENS City of Carlsbad December 2, 2020 ADDENDUM NO. 1 RE: Cadencia Street Traffic Calming; Bid No. PVVS21-1318TRAN Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Addendum must be acknowledged via PlanetBids or included with your electronic response submittal. JANEAN 1-EAWNEY Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. -1 Bidder's Signature Steven Teal, Director of Service Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t E IVI E (City of Carlsbad CITY OF CARLSBAD PROPOSAL NO. PWS21-1318TRAN CADENCIA STREET TRAFFIC CALMING ADDENDUM NO. 1 Addendum must be acknowledged via PlanetBids or included with your electronic submittal From: Janean Hawney, Contract Administrator 760-607-7965 janean.hawney@carlsbadca.gov Public Works, Contract Administration 1635 Faraday Ave Carlsbad, CA 92008 No. of Pages: 2 (including this page) Date: December 2, 2020 Bid Opening Date: December 11, 2020 at 5 p.m. (no change) Questions and Answers: Q1.Regarding the RRFB portion of this bid: On the drawing, it shows a cabinet and solar panel and calls out a TAPCO RRFB-X12 or equal, but also calls out a Carmanah R920-E, which is a top of pole system. Which one is needed — a system with a side of pole controller or a unit with the controller inside of the solar panel housing? Al. The systems shall meet the specifications in SECTION 700 of the supplemental provision. Side of pole controller is preferred. Q2.For the RRFBs, the plan note calls for the Carmanah R920-E (or approved equal) RRFB system. That system does not have a separate battery cabinet, as they are contained in the solar panel along with the controller. Also, within the specification, it mentions the need for optional cell modem upgrade (page 123 of specifications). Can you please confirm if the cell modem upgrade is needed for the future? This changes the model type we quote and would not be the R920-E. If cell modem is not needed for future, can you confirm the City will accept the Carmanah R920-E (attached) even though it does not have a cabinet? The detail/model on the drawing is different than what the written specification states. Addendum No. (City of Carlsbad A2.The systems shall meet the specifications in SECTION 700 of the supplemental provision. 03. For the radar speed signs, the Carmanah SpeedCheck15 or approved equal is mentioned for the system. The written specifications appear to be for a different type of system. Can you please confirm the Carmanah SpeedCheck15 sign (spec attached) will be approved for this project? The detail/model on the drawing is different than what the written specification states. A3.The systems shall meet the specifications in SECTION 700 of the supplemental provision. 2 Addendum No. 1 GENERAL PROVISIONS FOR CADENCIA STREET TRAFFIC CALMING CONTRACT NO. 6070 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. AIM tei, Revised 6/15/17 Contract No. 6070 Page 42 of 128 Addendum — Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency — The City of Carlsbad, California. Agreement — See Contract. Assessment Act Contract — A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base — A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid — The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder—Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board — The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond — Bid, performance, and payment bond or other instrument of security. City Council — the City Council of the City of Carlsbad. City Manager — the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract — A Contract financed by means other than special assessments. Change Order— A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code — The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager— the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract — The written agreement between the Agency and the Contractor covering the Work. Contract Documents — Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor — The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by tei: Revised 6/15/17 Contract No. 6070 Page 43 of 128 the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price — The total amount of money for which the Contract is awarded. Contract Unit Price — The amount stated in the Bid for a single unit of an item of work. County Sealer — The Sealer of Weights and Measures of the county in which the Contract is let. Days — Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection — The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board — Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier — Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer — The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile — Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer — A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer — A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire — The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm — The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item — A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification — Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award — The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed — A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 — Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State 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 •11, tal: Revised 6/15/17 Contract No. 6070 Page 44 of 128 accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person — Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans — The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract — Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector — The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal — See Bid. Reference Specifications — Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway — The portion of a street reserved for vehicular use. Service Connection — Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer — Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications — General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard — The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans — Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications — The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State — State of California. Storm Drain — Any conduit and appurtenances intended for the reception and transfer of storm water. Street — Any road, highway, parkway, freeway, alley, walk, or way. Subbase — A layer of specified material of planned thickness between a base and the subgrade. 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. 110), —r- Revised 6/15/17 Contract No. 6070 Page 45 of 128 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. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon B/W Back of wall ABAND Abandoned C/C Center to center ABS Acrylonitrile — butadiene — styrene CAB Crushed aggregate base AC Asphalt Concrete CAL/OSHA California Occupational Safety and ACP Asbestos cement pipe Health Administration ACWS Asphalt concrete wearing surface CalTrans California Department of Transportation ALT Alternate CAP Corrugated aluminum pipe APTS Apartment and Apartments CB Catch Basin AMER STD American Standard Cb Curb •AWG American Wire Gage (nonferrous wire) CBP Catch Basin Connection Pipe BC Beginning of curve CBR California Bearing Ratio BCR Beginning of curb return CCR California Code of Regulations BDRY Boundary CCTV Closed Circuit TV BE Bottom of footing CES Carlsbad Engineering Standards BLDG Building and Buildings CF Curb face BM Bench mark CF Cubic foot BVC Beginning of vertical curve C&G Curb and gutter Till* Revised 6/15/17 Contract No. 6070 Page 46 of 128 CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONC Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DlNY Driveway DVVY APPR Driveway approach Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing Fahrenheit F&C Frame and cover F&I Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FIG Footing FW Face of wall Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic I E Invert Elevation ID Inside diameter I NCL Including I NSP Inspection INV Invert I P Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAI NT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify ta d, —1- Revised 6/15/17 Contract No. 6070 Page 47 of 128 MON Monument MSL.. Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency .PVC Polyvinyl chloride PVMT Pavement PVT R/VV Private right-of-way Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant Radius R&O Rock and oil R/VV Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RCB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer 1-3.3 Institutions. Abbreviation RTE Registered traffic engineer Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPVVC Standard Specifications for Public Works Construction ST HVVY State highway STA Station STD Standard SIR Straight SIR GR Straight grade STRUC Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition IS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VVVD Vallecitos Water District Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook WI Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section Word or Words AASHTO American Association of State Highway and Transportation Officials t a, Revised 6/15/17 Contract No. 6070 Page 48 of 128 AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWVVA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey. 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit jAbbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (um) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) 1.6093 kilometer (km) 1 square foot (ft2) 0.0929 square meter (m2) 1 square yard (yd2) 0.8361 square meter (m2) 1 cubic foot (ft3) 0.0283 cubic meter (m3) 1 cubic yard (yd3) 0.7646 cubic meter (m3) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass (lb) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal . second (Pa - s) 1 centistoke (cs) 1 square millimeters per second (mm2/s) 1 pound force (lbf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]Is) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) 4 k t at. —r- Revised 6/15/17 Contract No. 6070 Page 49 of 128 Temperature Degree Fahrenheit (°F): °F = (1.8 x °C) + 32 Units and Abbreviations Degree Celsius (°C): °C = ("F — 32)/1.8 SI Units (abbreviation) 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Commonly Used in Both Systems 1-5 Common Metric Prefixes kilo (k) 103 centi (c) 10.2 milli (m) 10-3 micro (µ) 10-6 nano (n) 10-9 pico (p) 10-12 SYMBOLS A °A) 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. 4p-s, te4, Revised 6/15/17 Contract No. 6070 Page 50 of 128 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by •procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 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. ink Revised 6/15/17 Contract No. 6070 Page 51 of 128 The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 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. 40V to, Revised 6/15/17 Contract No. 6070 Page 52 of 128 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-6.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of (1) set. The set is designated as City of Carlsbad Drawing No. 499-3 and consists of (6) sheets. 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. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. 01- Revised 6/15/17 Contract No. 6070 Page 53 of 128 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) Technical Specifications and Supplemental Provisions 6) Carlsbad General Provisions. 7) Plans. 8) Standards plans. a)City of Carlsbad Standard Drawings. b)Carlsbad Municipal Water District Standard Drawings. C) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d)San Diego Area Regional Standard Drawings. e)Traffic Signal Design Guidelines and Standards. f)State of California Department of Transportation Standard Plans. g)State of California Department of Transportation Standard Specifications. h)California Manual on Uniform Traffic Control Devices (CA MUTCD). 9) Standard Specifications for Public Works Construction, as amended. 10) Reference Specifications. 11) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Precedence of Contract Documents, Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters. 2-6.3 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. ink to, Revised 6/15/17 Contract No. 6070 Page 54 of 128 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: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. t at —v- Revised 6/15/17 Contract No. 6070 Page 55 of 128 Working drawings are required in the following sections: TABLE 2-6.3.2 (A) Item Section Title Subject Number 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Polyethylene Liner Installation Facilities 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Si nal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product 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. AIM —1- Revised 6/15/17 Contract No. 6070 Page 56 of 128 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 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 tat. —T- Revised 6/15/17 Contract No. 6070 Page 57 of 128 required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data. All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements. Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. III /// tly —1- Revised 6/15/17 Contract No. 6070 Page 58 of 128 TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake Description 0 Centerline or Parallel to Centerline Spacing®, ® Lateral Spacing e, ID Setting Tolerance (Within) Street Centerline SDRS M-10 Monument £1000', Street Intersections, Begin and end of curves, only when shown on the plans on street centerline 0.02' Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, painted line on PCC & AC surfaces lath - lntervisible, £ 50' on tangents & £ 25' on curves, Painted line - continuous at clearing line 1' Horizontal Slope RP + Marker Stake Intervisible and £ 50' Grade Breaks & _s 25' 0.1' Vertical & Horizontal Fence RP + Marker Stake < 200' on tangents, £ 50' on curves when R³ 1000' & 25' on curves when Rs 1000' N/A (constant offset) 0.1' Horizontal Rough Grade Cuts or Fills ³ 10 m (33') RP + Marker Stake £ 50' N/A 0.1' Vertical & Horizontal . Final Grade (includes top of: Basement soil, subbase and base) RP + Marker Stake, Blue- top in grading area < 50 on tangents & curves when R³ 1000' & s 25' on curves when R £ 1000' £ 22' 3/8" Horizontal & 1/4" Vertical Asphalt Pavement Finish Course RP, paint on previous course £ 25' or as per the intersection grid points shown on the plan whichever provides the denser information edge of pavement, paving pass width, crown line & grade breaks 3/8" Horizontal & 1/4" Vertical Drainage Structures, Pipes & similar Facilities0, 0 RP + Marker Stake intervisible & < 25', beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines as appropriate 3/8' Horizontal & Ye Vertical Curb RP + Marker Stake s 25', BC & EC, at 'AA, %A & 3/4,6, on curb returns & at beginning & end (constant offset) 3/8" Horizontal & 1/4" Vertical Traffic Signal (D Vertical locations shall be based on the ultimate elevation of curb and sidewalk Signal Poles & Controller CD RP + Marker Stake at each pole & controller location as appropriate 3/8" Horizontal &la' Vertical Junction Box 0 RP + Marker Stake at each junction box location as appropriate 3/8" Horizontal & 1/4' Vertical Conduit 0 RP + Marker Stake £ 50' on tangents & curves when R³ 1000' & £ 25' on curves when R £ 1000' or where grade £ 0.30% as appropriate 3/8" Horizontal & when depth cannot be measured from existing pavement 1/4" Vertical Minor Structure CO RP + Marker Stake + Line Stake for catch basins: at centerline of box, ends of box & wings & at each end of the local depression (0 as appropriate 3/8" Horizontal & 1/4" Vertical (when vertical data needed) Abutment Fill RP + Marker Stake + Line Stake s 50' & along end slopes & conic transitions as appropriate 0.1' Vertical & Horizontal Revised 6/15/17 Contract No. 6070 Page 59 of 128 Feature Staked Stake Description 0 Centerline or Parallel to Centerline Spacing®, 0 Lateral Spacing CD, 0 Setting Tolerance (Within) Wall 0 RP + Marker Stake + Line Point +Guard Stake < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height as appropriate 1/4" Horizontal &1/4" Vertical Major Structure 6 Footings, Bents, Abutments & Wingwalls RP + Marker Stake + Line Point +Guard Stake 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 3/8" Horizontal & 1/4" Vertical Superstructures RP 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 3/8" Horizontal & 1/4" Vertical Miscellaneous 0 Contour Grading 0 RP + Marker Stake £ 50' along contour line 0.1' Vertical & Horizontal Utilities 0, 0 RP + Marker Stake £ 50' on tangents & curves when R³ 1000' & £ 25' on curves when R £ 1000' or where grade £ 0.30% as appropriate 3/8" Horizontal & 1/4" Vertical Channels, Dikes & Ditches (D RP + Marker Stake intervisible & £ 100', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities as appropriate 0.1' Horizontal &1/4" Vertical Signs 0 RP + Marker Stake + Line Point +Guard Stake At sign location Line point 0.1' Vertical & Horizontal Subsurface Drains 0 RP + Marker Stake intervisible & £ 50', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities as appropriate 0.1' Horizontal & 1/4" Vertical Overside Drains 0 RP + Marker Stake longitudinal location At beginning & end 0.1' Horizontal & 1/4" Vertical Markers @ RP + Marker Stake for asphalt street surfacing £ 50' on tangents & curves when R³ 1000' & 5 25' on curves when R £ 1000'. At marker location(s) 1/4" Horizontal Railings & Barriers 0 RP + Marker Stake At beginning & end and < 50' on tangents & curves when R ³ 1000' & £ 25' on curves when R £ 1000' at railing & barrier location(s) 3/13" Horizontal & Vertical AC Dikes 0 RP + Marker Stake At beginning & end as appropriate 0.1' Horizontal & Vertical Box Culverts 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert as appropriate 3/8" Horizontal & 1/4" Vertical Pavement Markers@ RP 200' on tangents, 50' on curves when R ³ 1000' & 25' on curves when R £ 1000'. For PCC surfaced streets lane cold joints will suffice at pavement marker location(s) 1/4" Horizontal O Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature (2) Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table CD Perpendicular to centerline. 0 Some features are not necessarily parallel to centerline but are referenced thereto CD Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature 6 ³ means greater than, or equal to, the number following the symbol. £ means less than, or equal to, the number following the symbol. O The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. ipse 0 1- Revised 6/15/17 Contract No. 6070 Page 60 of 128 All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) TABLE 2-9.2.2(B) Survey Stake Color Code for Construction Stakin Type of Stake Description Color Horizontal Control Coordinated control points, control lines, control reference points, centerline, alignments, etc. White/Red Vertical Control Bench marks White/Orange Clearing Limits of clearing Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Yellow Structure Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Blue Right-of-Way Fences, R/ W lines, easements, property monuments, etc. White/Yellow Miscellaneous Signs, railings, barriers, lighting, etc. Orange * Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and taw* —r- Revised 6/15/17 Contract No. 6070 Page 61 of 128 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 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. —1- Revised 6/15/17 Contract No. 6070 Page 62 of 128 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 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. tat —1- Revised 6/15/17 Contract No. 6070 Page 63 of 128 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 can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). 1111, ta. Revised 6/15/17 Contract No. 6070 Page 64 of 128 (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 CALTRANS, 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. (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. 4P-V tat Revised 6/15/17 Contract No. 6070 Page 65 of 128 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: 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 1", Revised 6/15/17 Contract No. 6070 Page 66 of 128 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 III 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 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 *.• t au" —1- Revised 6/15/17 Contract No 6070 Page 67 of 128 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 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a 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: 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. 111W —1- Revised 6/15/17 Contract No. 6070 Page 68 of 128 (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. (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. OS, tat —1- Revised 6/15/17 Contract No. 6070 Page 69 of 128 (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 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. t El- Revised 6/15/17 Contract No. 6070 Page 70 of 128 (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. (c)The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d)This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2)If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (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 40,"‘ --r- Revised 6/15/17 Contract No. 6070 Page 71 of 128 no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2)If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3)The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The. Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (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 tki -,- Revised 6/15/17 Contract No. 6070 Page 72 of 128 by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. 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. Revised 6/15/17 Contract No. 6070 Page 73 of 128 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, 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. Revised 6/15/17 Contract No. 6070 Page 74 of 128 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 improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is 4p-ir f Revised 6/15/17 Contract No 6070 Page 75 of 128 equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and' replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. 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 te4: Revised 6/15/17 Contract No. 6070 Page 76 of 128 acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1.Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2.Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3.At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such 4,11, tat Revised 6/15/17 Contract No. 6070 Page 77 of 128 materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 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. infr t w. Revised 6/15/17 Contract No. 6070 Page 78 of 128 When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1.Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2.Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3.Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall 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, 2015 Edition. 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. tei: Revised 6/15/17 Contract No. 6070 Page 79 of 128 In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor 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. 4P-‘• tU4: Revised 6/15/17 Contract No. 6070 Page 80 of 128 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 sixty (60) 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. 6070 Page 81 of 128 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on- site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.6 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. 4FW te0, Revised 6/15/17 Contract No. 6070 Page 82 of 128 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. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 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. —1- Revised 6/15/17 Contract No. 6070 Page 83 of 128 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. 6-1.3.6 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 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 —1- Revised 6/15/17 Contract No. 6070 Page 84 of 128 will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. 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. The work includes installation of Rectangular Rapid Flashing Beacon Assembly's, Radar Speed Feedback Sign Assembly, Signing and Striping, and Traffic Control. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 41". trn, Revised 6/15/17 Contract No. 6070 Page 85 of 128 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, 10 Revised 6/15/17 Contract No. 6070 Page 86 of 128 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. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 90 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: 4P-V —I- Revised 6/15/17 Contract No. 6070 Page 87 of 128 1.Saturday, 2.Sunday, 3.any day designated as a holiday by the Agency, 4.any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5.any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6.any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 8:30 a.m. and 3:30 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such 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. ips t 41 -,- Revised 6/15/17 Contract No. 6070 Page 88 of 128 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand five hundred dollars ($1500.00) Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that one thousand five hundred dollars ($1,500.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. 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 fest Revised 6/15/17 Contract No. 6070 Page 89 of 128 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." 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 41. "y- Revised 6/15/17 Contract No. 6070 Page 90 of 128 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. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 11,31' tat Revised 6/15/17 Contract No. 6070 Page 91 of 128 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 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 , (PV tad —1- Revised 6/15/17 Contract No. 6070 Page 92 of 128 sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. 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. 1% Revised 6/15/17 Contract No. 6070 Page 93 of 128 Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. 41PV tai, Revised 6/15/17 Contract No. 6070 Page 94 of 128 The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its 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. —y- Revised 6/15/17 Contract No. 6070 Page 95 of 128 Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer 760-602-2720 2) Carlsbad Fire Department Dispatch 760-931-2197 3) Carlsbad Police Department Dispatch 760-931-2197 4) Carlsbad Traffic Signals Maintenance (extension 2937) 760-438-2980 5) Carlsbad Traffic Signals Operations 760-602-2752 6) North County Transit District 760-967-2828 7) Waste Management 760-929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices 2014 revision 4 (latest edition, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of tat , —T- Revised 6/15/17 Contract No. 6070 Page 96 of 128 Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 1.8 m (6')), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the than (insert minimum acceptable shy distance, eg. 0.6 m (2')) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of (1) paved traffic lanes, not less than (12') wide, shall be open for use by public traffic in each direction of travel unless approved by the Engineer. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (latest edition, 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 ta rl/ —r- Revised 6/15/17 Contract No. 6070 Page 97 of 128 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 (latest edition, as amended for use in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening 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. The Contractor may choose to modify, add to or supplement the TCP. 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 (latest edition, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. 4.1 a,- Revised 6/15/17 Contract No. 6070 Page 98 of 128 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. 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. Revised 6/15/17 Contract No. 6070 Page 99 of 128 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. (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. Revised 6/15/17 Contract No. 6070 Page 100 of 128 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for 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." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. No facilities provided for Agency personnel shall be required. %it Revised 6/15/17 Contract No. 6070 Page 101 of 128 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. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. fkei, Revised 6/15/17 Contract No 6070 Page 102 of 128 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 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 tat Revised 6/15/17 Contract No. 6070 Page 103 of 128 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, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. 40. —T- Revised 6/15/17 Contract No. 6070 Page 104 of 128 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. The cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefore in the bid schedule, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is t at Revised 6/15/17 Contract No. 6070 Page 105 of 128 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. Furnish and Install Rectangular Rapid Flashing Beacon (RRFB) (Bid Item No. 1) Lump Sum The contract lump sum price paid for this bid item shall constitute fill compensation for furnishing all labor, materials, tools, equipment, incidentals, and for all work involved in the installation of RRFB Assembly in accordance with Section 700 and 701 of the Standard Specifications for Public Works Construction, the plans and contract documents. This includes but it not limited to, foundation installation, installation of base assembly, preparation of pole, installation of pole, installation of solar panels, installation of RRFBs, installation and connection of batteries, final connections, and all necessary tree trimming to achieve operation of solar panels. No additional compensation will be allowed therefor. Furnish and Install Solar Radar Speed Feedback Assembly (Bid Item No. 2) Lump Sum The contract lump sum price paid for this bid item shall constitute fill compensation for furnishing all labor, materials, tools, equipment, incidentals, and for all work involved in the installation of solar radar feedback assembly in accordance with Section 700 and 701 of the Standard Specifications for Public Works Construction, the plans and contract documents. This includes but it not limited to, foundation installation, installation of base assembly, preparation of pole, installation of pole, installation of solar panels, installation of radar sign, installation and connection of batteries, final connections, and all necessary tree trimming to achieve operation of solar panels. No additional compensation will be allowed therefor. Signing, Striping and Pavement Markings (Bid Item No. 3) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation for the signing and striping in accordance with Section 701 of Standard Specifications for Public Works Construction, the plans and contract documents. This includes, but is not limited to all labor, materials, equipment and other incidentals required for removal, layout, placement and no additional compensation will be allowed therefor. Mobilization (Bid Item No. 4) Lump Sum 1P-V aw. MT- Revised 6/15/17 Contract No. 6070 Page 106 of 128 Mobilization shall consist of all preparatory work and operations which must be performed, or costs incurred prior to beginning work on the various Contract items on all project sites. Mobilization shall include but not be limited to the following items: 1.Obtaining and paying for all required Bonds, Insurance Policies (including premiums and incidentals), and Permits 2.Submittal of required construction schedule(s). 3.Establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work at all project sites. 4.Posting all OSHA required notices and establishment of safety programs. 5.Posting all Department of Labor required notice, regulations and prevailing wages. 6.The movement of personnel, equipment, supplies, and incidentals to all project sites. 7.Developing and installing construction water supply. 8.Notification of residents and businesses No additional compensation will be allowed for additional mobilizations required, including but not limited to delays caused by the relocation of existing utility facilities shown on the Plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall be reflected in Contract Change Orders and shall not affect the price paid for "Initial Mobilization." Payment for "Mobilization" will be made at the lump allowance named in the Bid Schedule, which price shall constitute full compensation for all such work. Payment for Initial Mobilization will be made as follows: The bid item for mobilization and related items shall not exceed fifteen percent (15%) of the total contract items. The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization. The contract lump sum price paid for mobilization shall include full compensation for furnishing all labor, materials, tool, equipment, the cost of all bonds and insurance policies, and incidentals, and for doing the work involved in mobilization as specified herein. Traffic Control (Bid Item No. 5) Lump Sum The contract lump sum price shall include providing complete traffic control including permits, providing traffic handling/stage construction, and furnishing, installing, maintaining traffic control during all stages of construction, removing traffic control devices when they are no longer needed, and temporary street striping. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. t Viet a —1- Revised 6/15/17 Contract No. 6070 Page 107 of 128 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. 206-7.1 Roadside Signs. This work shall consist of furnishing and installing roadside signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.1.2 Sign Identification. The following notation shall be placed on the lower right side of the back of each sign where the notation shall not be blocked by the sign post or frame: A.PROPERTY OF THE CITY OF CARLSBAD, B.Name of the sign manufacturer, C.Month and year of fabrication, D.Type of retroreflective sheeting, and E.Manufacturer's identification and lot number of retrorefiective sheeting. The above notation shall be applied directly to the aluminum sign panels in 1/4-inch upper case letters and numerals by die-stamp and applied by similar method to the fiberglass reinforced plastic signs. Painting, screening, or engraving of the notation will not be allowed. The notation shall be applied without damaging the finish of the sign. 206-7.1.3 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.1.5 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminum shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 4r), tat —I- Revised 6/15/17 Contract No. 6070 Page 108 of 128 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard Drawing M-45. 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. 206-7.2.1 General. This work shall consist of furnishing and installing temporary signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation 04956 and conforming to the requirements of these special provisions. 206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminum shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation Standard Plans RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a)Wood posts shall not be used. b)Back braces and blocks for sign panels will not be required. c)The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7'). d)Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5 ft2)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. tap. Revised 6/15/17 Contract No. 6070 Page 109 of 128 e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements of these special provisions. 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11mm (7/16") holes on 25 mm (1") centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011", -0.005"). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.010") applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16 "in 3'). Tolerance for corner radius is 4.0mm (5/32"), plus or minus 0.40 mm (1/64"). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64") radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1m (10'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(B). ir* —1- Revised 6/15/17 Contract No. 6070 Page 110 of 128 TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions mm (inches) Outside Tolerance for All Sides at Corners mm (inches) 25 x 25 (1 x 1) 0.13 0.005 32 x 32 (11/4 x 11/4) 0.15 0.006 38 x 38 (11/2 x 11/2) 0.15 0.006 44 x 44 (13/4 x 13/4) 0.20 0.008 51 x 51 (2 x 2) 0.20 0.008 56 x 56 (23/16 x 23/16) 0.25 0.010 57 x 57 (21/4 x 21/4) 0.25 0.010 64 x 64 (21/2 x 21/2) 0.25 0.010 51 x 76 (2 x 3) 0.25 0.010 TABLE 206-8.2(B) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension mm (Inches) Squareness(1) mm (Inches) Twist Permissible in 900 mm (3") mm(2) (Inches)(2) 25 x 25 (1 x 1) 0.15 0.006 1.3 0.050 32 x 32 (1-1/4 x 1-1/4) 0.18 0.007 1.3 0.050 38 x 38 (1-1/2 x 1-1/2) 0.20 0.009 1.3 0.050 44 x 44 (1-3/4 x 1-3/4) 0.25 0.010 1.6 0.062 51 x 51 (2 x 2) 0.30 0.012 1.6 0.062 56 x 56 (2-3/16 x 2-3/16) 0.36 0.014 1.6 0.062 57 x 57 (2-1/4 x 2-1/4) 0.36 1.014 1.6 0.062 64 x 64 (2-1/2 x 2-1/2) 0.38 0.015 1.9 0.075 51 x 76 (2 x 3) 0.46 0.018 1.9 0.075 (1)Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. (2)Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel "pull- through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (7/8") diameter head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to ASTM B-633, Type III Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -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') t ap. Revised 6/15/17 Contract No. 6070 Page 111 of 128 above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer Add the following section: 206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre-programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. Add the following section: 206-9.4 Measurement and Payment. The contract unit price PCMS shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the City at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made. SECTION 209 - ELECTRICAL COMPONENTS 209 ELECTRICAL COMPONENTS. Modify as follows: Section 86, "Signals, Lighting and Electrical Systems", of the Caltrans Standard Specifications replaces Section 209, "Electrical Components", and Section 307, "Street Lighting and Traffic Signals", of the SSPWC, in all matters pertaining to the specifications for measurement, payment, warranty, materials and methods of construction of street lighting and traffic signals. Section 86 of the Caltrans Standard Specifications is unmodified excepted as specified herein. For electrical 4PW —1- Revised 6/15/17 Contract No. 6070 Page 112 of 128 components provided and installed in systems NOT including street lighting and traffic signals, Section 209 SSPWC is unmodified except as specified in sections other than Section 209, herein. SECTION 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.5(A) TABLE 210-1.5 A Surface to be Painted Pre-Treatment / Surface Preparation Primer Finish Coats Temporary Railing type (K) Abrasive Blast Cleaning to a Roughened, Textured Appearance None Two coats white Acrylic Emulsion Paint (1) (1) acrylic emulsion paint desianed for use on exterior masonry. This oaint shall comely in all respects to Federal Specification TT-P-19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 8010-004 (Type II). CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. 210-3 GALVANIZING. Add the following section: 210-3.6 Galvanizing for Traffic Signal Facilities. The requirements of this section shall pertain only to the preparation and galvanizing of traffic signal facilities. Galvanizing of products fabricated from rolled, pressed and forged steel shapes, plates, bars and strip 3.2 mm (1/8") thick or thicker, shall conform to the specifications of ASTM Designation: A 123, except that complete seal welding of tightly contacting surfaces of these products prior to galvanizing is required only where seal welding is shown on the plans or specified in these special provisions. Except for pre-galvanized standard pipe, galvanizing of material 3.2 mm (1/8") thick or thicker shall be performed after fabrication into the largest practical sections. At the option of the Contractor, material thinner than 3.2 mm (1/8") shall be galvanized either before fabrication in conformance with the requirements of ASTM Designation: A 525M, Coating Designation Z600, or after fabrication in conformance with the requirements of ASTM Designation: A 123, except that the weight of zinc coating shall average not less than 365 g per square meter (1.2 oz. per ft2) of actual surface area with no individual specimen having a coating weight of less than 305 g per square meter (1.0 oz. per ft2). Galvanizing of standard pipe shall conform to the requirements of ASTM Designation: A 53. Galvanizing will not be required for stainless steel, monel metal and similar corrosion resistant parts. Revised 6/15/17 Contract No. 6070 Page 113 of 128 Fabrication shall include all operations such as shearing, cutting, punching, forming, drilling, milling, bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvanizing to remove all slab or other material that would interfere with the adherence of the zinc. When it is necessary to straighten any sections after galvanizing, the work shall be performed without damage to the zinc coating. Galvanizing of iron and steel hardware and nuts and bolts, when specified or shown on the plans, shall conform to the specifications of ASTM Designation: A 153, except whenever threaded studs, bolts, nuts, and washers are specified to conform to ASTM Designation: A 307, A 325, A 325M, A 449, A 563, A 563M, or F 436 and zinc coating is required, they shall be hot-dip zinc coated or mechanically zinc coated in accordance with the requirements of the ASTM Designations. Unless otherwise specified, galvanizing shall be performed after fabrication. Components of bolted assemblies shall be galvanized separately before assembly. Tapping of nuts or other internally threaded parts to be used with zinc coated bolts, anchor bars or studs shall be done after galvanizing and shall conform to the requirements for thread dimensions and overtapping allowances in ASTM Designation: A 563 or A 563M. When specified, painting of zinc coated surfaces shall be in accordance with the procedures in Section 210.1 "Paint". Galvanized surfaces that are abraded or damaged at any time after the application of the zinc coating shall be repaired by thoroughly wire brushing the damaged areas and removing all loose and cracked coating, after which the cleaned areas shall be painted with two applications of unthinned zinc-rich primer (organic vehicle type) conforming to the provisions in Section 210-3.5, "Repair of Damaged Zinc Coating." Aerosol cans shall not be used. SECTION 214 PAVEMENT MARKERS 214-5 REFLECTIVE PAVEMENT MARKERS Add the following section: 214-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-5.1(A), or equal thereto. TABLE 214-6.1(A) TEMPORARY REFLECTIVE PAVEMENT MARKERS Type Manufacturer of Distributor TOM- Temporary Overlay Davidson Traffic Control Products, 3110 70th Avenue East, Tacoma, Markers WA 98424, (877) 335-4638 Add the following section: 14-6.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto. tat —1- Revised 6/15/17 Contract No. 6070 Page 114 of 128 TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Type Manufacturer of Distributor Safe-Hit SH336SMA Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100 Chicago, IL 60602 (800) 537-8958 Carsonite "Super Duck" SDR3036 Carsonite Composites, LLC 605 Bob Gifford Boulevard Early Branch, SC 29916 (800) 648-7916 Repo "The Replaceable Post" Western Highway Products 10680 Fern Avenue Stanton, CA 90680 (800) 854-3360 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth • paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm tell Revised 6/15/17 Contract No. 6070 Page 115 of 128 (1/8") in 3 m (10') when measured parallel to the centerline of the street or more than 6 mm (1/4") 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. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10') thick asphalt concrete overlay is not permitted. 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for temporary and final traffic striping, and no additional compensation will be allowed therefore. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefore. The lump sum prices bid and shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. Add the following Section: 310-7 PERMANENT SIGNING Add the following Section: 310-7.1 General. Add the following section: The Contractor shall provide and install all permanent traffic control signs at locations shown on plans and as specified herein. Add the following section: tt. Revised 6/15/17 Contract No. 6070 Page 116 of 128 310-7.2 Measurement And Payment. Permanent signing and appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for permanent signing and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in supplying and installing permanent signing and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Add the following to the third paragraph: 4) When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. Add the following section: 312-1.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 310-5.6.8. The Contractor shall perform all layout work necessary to place the • channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt *Iv taf Revised 6/15/17 Contract No. 6070 Page 117 of 128 concrete surfacing as specified in section 312-1 "Placement", shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following section: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance t a. —I- Revised 6/15/17 Contract No. 6070 Page 118 of 128 of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing 13. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures": Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm (3/8") thick plate welded on the upper end with a 5-mm (3/16") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CALTRANS Standard Drawing 13. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed within 3 m (10') of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD, latest edition) as amended by California Supplement shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, "Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite Ill" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier System Modules" manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CALTRANS Standard Drawings T1 and 12 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD, latest edition) as amended by California Supplement shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings T1 and T2. 01- Revised 6/15/17 Contract No. 6070 Page 119 of 128 Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600-3 RUBBERIZED EMULSION - AGGREGATE SLURRY 600-3.2 Materials add the following: Aggregate for Rubberized Emulsion - Aggregate Slurry shall be Type I Slurry Aggregate. 600-3.4 Application of REAS add to the first paragraphs: No slurry shall be applied until the provisions of subsection 212-1.2.6, Herbicide Application, Section 302-11 Asphalt Concrete Pavement Crack Filling and Sealing, Section 312-3 Pavement Marker Removal have all been satisfied. The Contractor shall remove all existing markings, legends and striping, either permanent or temporary in those areas to be slurried. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. All cracks and areas between existing curb and gutter and edge of pavement that contain weeds or plant growth of any kind shall be treated with herbicides. Herbicides shall be applied at least 2(two) Ur- Revised 6/15/17 Contract No. 6070 Page 120 of 128 working days prior to sealing of street. Allowance for the two day period shall be shown in the schedule required per section 6-1. Contractor shall remove any visible plant growth prior to placement of Herbicide. Full compensation for removal of striping and herbicide application shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work and shall be considered as included in the contract unit price bid for Rubberized Emulsion Aggregate Slurry and no additional compensation will be allowed therefore. 600-3.6 Public Convenience and Traffic Control modify the first line with the following: Public Convenience and traffic control shall conform to 302-4.4.4. There shall be no stockpiling of material allowed on City right-of-way. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 7, STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS SECTION 700 - MATERIALS 700-1 GENERAL. Modify as follows: Section 87, "Electrical Systems", of the Caltrans Standard Specifications replaces Section 209, "Electrical Components", and Section 307, "Street Lighting and Traffic Signals", of the SSPWC, in all matters pertaining to the specifications for measurement, payment, warranty, materials and methods of construction of street lighting and traffic signals. Section 86 of the Caltrans Standard Specifications is unmodified excepted as specified herein. For electrical components provided and installed in systems NOT including street lighting and traffic signals, Section 209 SSPWC is unmodified except as specified in sections other than Section 209, herein. 700-5.6 Pedestrian Signal Sections. 700-5.6.1 General. Add the following: Submittals: The Contractor shall submit all proposed equipment and materials to the City of Carlsbad for review and approval prior to ordering. Submitted materials shall conform to the requirements of the Caltrans specifications, these specifications, the plans, and special provisions. Proposed use and submittal of equipment different than equipment where the vendor and/or model has been specifically identified shall conform to all features and functions of the specified equipment. Where applicable the proposed equipment shall demonstrate support of full functionality within existing City of Carlsbad operational software. Requirements: The Contractor shall obtain the appropriate permits and shall conduct a field walk through the project site with the City of Carlsbad prior to the start of work. Revised 6/15/17 Contract No. 6070 Page 121 of 128 The Contractor shall contact the City of Carlsbad to schedule the field walk a minimum of 14 days in advance. Warranty Requirements: The Contractor shall warranty all work, labor, equipment, cabling, and appurtenances from defects, malfunctions and failure for a minimum of one year from the date of acceptance by the City of Carlsbad. This warranty shall include all labor, materials, equipment, shipping, handling, and miscellaneous work necessary to remedy defects, malfunctions and failures to the satisfaction of the City. Testing Requirements: The Contractor shall be responsible for testing of all installed traffic signal system equipment and components; including, but not limited to, fiber optic cables, traffic signal controller, input/output cards, and cabling, to ensure a fully functional system. The Contractor shall prepare a test plan for review and approval by the City prior to conducting the test. Rectangular Rapid Flashing Beacon Assembly: General. All Rectangular Rapid Flashing Beacon (RRFB) systems shall comply with Section 86, "Electrical Systems," of the Caltrans Standard Specifications. The Rectangular Rapid Flashing Beacon (RRFB) systems shall be solar powered and pedestrian pushbutton activated. Systems Requirements. 1.The RRFB System shall be fully compliant with all FHWA and MUTCD guidelines. 2.Each RRFB shall be solar powered. 3.Each RRFB shall be activated by push button and shall be ADA compliant. 4.The RRFB shall be normally dark, shall initiate operation only upon pedestrian actuation, and shall cease operation after a predetermined time limit. 5.All equipment shall be housed in one cabinet. 6.Where indicated on the plans, the RRFB shall provide bidirectional indications to motorists approaching from both directions; and shall include an LED indication (installed integral to the RRFB) directed at, and visible to, pedestrians in the crosswalk to give confirmation that the RRFB is in operation. 7.Where indicated on the plans, the RRFB shall provide a unidirectional indication to motorists approaching from the direction specified on the plans. 8.When activated, all indications associated with a given crosswalk shall simultaneously commence operation within 120 ms, and shall cease operation at a predetermined time (programmable timeout) after any pedestrian actuation. 9.The RRFB housings shall contain two primary light bars mounted in compliance with MUTCD requirements. The LEDs used shall be rated for a minimum 15-year life. The RRFB shall draw attention at distances greater than 500 feet during the day and over 1000 feet at night. 10.The RRFB housing shall be made of powder-coated aluminum with a minimum thickness of 0.125" and shall provide a mounting mechanism allowing for directional rotation of the primary light bars toward oncoming traffic at curves, corners, and roundabouts. RRFB bars mounted on a pole shall be able to be independently aimed to optimize performance in each direction. 11.Each RRFB shall consist of 2 rapidly and alternately flashed rectangular yellow indications having LED array based pulsing light sources, shall be designed, located, and operated as shown on the plans, and shall be in full compliance with MUTCD guidelines .7k —1- Revised 6/15/17 Contract No. 6070 Page 122 of 128 and standards. Each RRFB indication shall be a minimum size of 5 inches wide by 2 inches high. Enclosure. 1.The controller enclosure shall be a NEMA 3R enclosure with a dead front panel and a hasp with a 7/16-inch hole for a padlock. The enclosure shall be powder coated, hot-dip galvanized, or factory-applied rust resistant prime coat and finish coat. 2.To prevent corrosion, all materials used in the mounting of the control cabinet shall be either aluminum or stainless steel. Controller. 1.A single Controller shall be used at each crossing to control all the RRFB indications via wireless communications. The Controller shall adjust RRFB brightness as outside light levels change between day and night, being brighter during the day and less bright at night. 2.The RRFB Controller shall include data-logging capabilities with selectable interval from one minute to one day and be capable of being monitored remotely through an optional cell modem upgrade. Remote monitoring is not included in this contract. 3.The RRFB Controller shall include an interface (RS232 or IP) for local programming via windows-based software installed on a laptop. ADA Push Button. 1. Shall be ADA compliant and shall be provided with all necessary mounting hardware, wiring and associated ADA signage. Solar Power System. 1.The solar power system shall include the solar panel, charge controller, batteries, and cabling necessary to maintain power for operations of the RRFB assemblies for a period of seven days without recharge; for up to 250 activations per day. 2.The solar power system shall protect against and automatically recover from: short circuit, overload, reverse polarity, high temperature, lightning and transient surge, as well as voltage spikes. Each component of the solar power system shall be independently replaceable of other control panel components and shall operate from -40° to +140°F (- 40° to +60°C). RRFB Posts. 1. Shall be ADA compliant and shall be provided with all necessary mounting hardware, wiring and associated ADA signage. Warranty. 1. The RRFB system shall have a minimum three-year unconditional warranty. Payment. 1.Measurement for payment of Rectangular Rapid Flashing Beacon will be on a lump sum basis, complete, in place and operating as intended for each crossing. 2.The Contract lump sum prices paid for Rectangular Rapid Flashing Beacon shall be full compensation for picking up and furnishing all materials as shown on the plans, and for installing all materials including, but not limited to, installing poles, flashing beacons, pole- mounted signs, solar panels, batteries, pole-mounted cabinet and controller, and making all required tests and for all labor, tools, equipment and incidentals required to make the beacons operational as shown on the plans, as specified, and as required by the City of Carlsbad. Radar Speed Feedback Assembly: Ink tall' Revised 6/15/17 Contract No. 6070 Page 123 of 128 System Requirements. 1. All Radar Speed Feedback Sign Systems shall be solar powered, and be equipped with: Bluetooth capability, GPS Clock, and Wireless IP Modem. 2. Sign size shall be 42" (H) x 30" (W) x 5.25" (D), consisting of: i.42" (H) x 30" (W) CA MUTCD-compliant regulatory "Vehicle Speed Feedback Sign" sign ii.30" (H) x 30" (W) x 5.25" (D) enclosure 3. Sign material shall be 0.09" aluminum. 4. Sign finish shall be white with diamond grade retroreflectivity. 5. Enclosure shall be made of 0.09" continuous formed aluminum. Entire surface of enclosure shall be powder painted gloss white. 6. Display window shall be made of 1/4" shatter resistant polycarbonate. 7. Housing shall be provided with tamper proof fasteners. 8. Housing shall be weatherproof to NEMA 3R specifications or better. 9. Housing shall be of non-sealed, ventilated type to prevent accumulation of moisture. 10. All Radar Speed Feedback Sign Systems shall be compatible with Applied Information (Al) software. Display. 1.Full-matrix LED display capable of alphanumeric characters and speed display. 2.Alphanumeric characters shall consist of two rows and up to 4 letters per row and each character shall be 6" (W) x 8" (H). 3.Each alphanumeric character (of which there are 8 total) shall consist of 162 Surface- mount LEDs which are individually aimed using precision optics to provide even light distribution within the viewing area. 4.Speed display shall consist of 2 numeric characters resembling a seven-segment solid- state Numeric display. 5.Numeric characters shall be 9" (W) x 16" (H). 6.Light intensity shall adjust automatically to provide optimum view ability under all ambient light conditions. 7.The display shall be designed to avoid distracting the attention of motorists away from the road, by prevention of viewing from acute angles outside the motorist's normal forward field of view. Viewable area shall enclose an area up to a maximum included angle of 30 degrees from the roadside. 8.The display shall be capable of multi-mode operation. 9.The display pixels shall have a design life of 10 years. 10.The pixels shall have a Mean Time Before Failure (MTBF) of 100,000 hours. 11.The display panels shall have a one (1) year parts warranty. Controller Functions. 1. Controller shall have 3 programmable speed thresholds to trigger 3 independent user- definable messages and/or contact closures to turn on/off external devices (see Auxiliary Device Control). a.Threshold 1: time-of-day programmable with up to 6 daily modulations (usage example: sign is blank until vehicle exceeds Speed Threshold 1 speed causing the sign to display "YOUR SPEED XX"). b.Threshold 2: time-of-day programmable with up to 6 daily modulations (usage example: sign displays "YOUR SPEED XX" with XX flashing when a vehicle exceeds Speed Threshold 2). i.Threshold 2 may also flash auxiliary flashing beacons in unison, double-time, or alternate with flashing LED display. ii.Threshold 2 may also flash "SLOW DOWN." 1111- Revised 6/15/17 Contract No. 6070 Page 124 of 128 c. Threshold 3: global threshold which triggers a final message (usage example: sign displays "SLOW DOWN" when a vehicle exceeds Speed Threshold 3). 2. Controller shall allow radar to operate independently from the display so that the sign can collect data while the display is blank or "off." 3. Controller board shall have a real time clock with built in daylight savings. This setting can be programmed via RS-232 hardwire, SD card, or wireless modem using a PC, or Wi-Fi using a PC, or Bluetooth using an Android mobile device. 4. Traffic Data Collection: a.Sign shall collect the first, fastest, slowest and last speeds for each vehicle detected in the radar zone; each speed shall have its own timestamp (day, month, year, hours, minutes, and seconds) to allow software to calculate acceleration, deceleration, and no change in speed for every vehicle detected in the radar zone. b.Shall have ability to enable/disable data collection. c.Data shall be stored to a removable SD card for easy data retrieval. d.On-board data compression shall allow storage of more than 40 years of raw traffic data per gigabyte (GB). e.Sign shall be SD and SDHC compatible. 5. Auxiliary Device Control: a.Sign shall have at least six (6) simultaneous auxiliary contacts available to trigger or be triggered by the sign. b.Trigger-able devices include but are not limited to: strobes, flashers, flashing beacons, lighted crosswalks, traffic cameras, etc. Each of these devices can be triggered by time of day, one of 3 programmable vehicle speed thresholds or by another auxiliary triggering device. c.Available triggering devices include but are not limited to: pedestrian push buttons, temperature sensors, wireless devices, etc. Each device can trigger 1 of 4 user- definable messages. 6. Message Control: a.All 432 LED clusters can be programmed individually to form at least 4 custom messages to be triggered by a variety of speed thresholds and auxiliary devices. (see Sign Programming Software for details on changing these messages). b.Sign shall have the ability to display custom messages instantly via an Internet connection. Custom messages can be up to 8 characters long (2 lines x 4 characters per line). 7. Dimming: a.Sign shall automatically adjust display intensity according to ambient light conditions with a user-definable range of display intensity. b.Dimming can be set by time-of-day with up to 6 different settings per day. 8. Controller shall maintain an accessible log of low voltage warnings, power failures, contact closure changes, and photovoltaic light readings. 9. Controller shall have conformal coating to protect against moisture, dust, and other contaminants. 10. Sign shall perform LED self-diagnostics by detecting and reporting LED pixel failures. Sign Programming Software. 1.Shall be automatically updated and require no installation. 2.Shall be compatible with all modern web browsers. 3.Automated Communication using IP modem: a. Data shall be automatically downloaded from sign on a regular basis. dPik tail" Revised 6/15/17 Contract No. 6070 Page 125 of 128 b.Modifications in sign programming shall be automatically sent to the sign. c.Unlimited traffic alerts can be set up for notification of excessive speeding. 4. Manufacturer shall provide a database to store all raw data retrieved from the sign so that multiple data files can be merged to a single database where all duplicate speed data is automatically deleted and data retrieval can be selected by date range. 5. Raw data can be downloaded by a user-definable date range to a .csv file for compatibility with other software; 6. Software shall calculate the following a.First/Peak/low/Last histogram charts separated by speed limit so that signs in areas where speed limits change during the day can have accurate and meaningful data. b.Peak/low 85th percentile by time-of-day chart that shows percentiles by time-of- day at a user-definable interval. c.Incremental analysis where percentage of vehicles slowed is calculated for each user-definable speed increment exceeding the speed limit to assist in proving the sign's effectiveness. 7. Software shall have video and written tutorial instruction built-in to assist in a quick and easy guided learning process. 8. Programming software shall include a simulator that will show the user exactly what the sign will do with the program before deployment to eliminate programming errors. 9. Sign messages shall have the ability to be free-drawn or letters can be dragged and dropped into place. 10. Manufacturer shall host complimentary quarterly webinar trainings to give live assisted learning instruction where questions can be answered immediately via conference call and screen sharing. 11. Native mobile application for Android mobile device shall be available to enable inventory management, configuration, and equipment profiles to be maintained on a mobile device - without using the mobile browser. Solar Power 1.Solar powered sign shall be capable of fully autonomous operation 24 hours per day, 365 days per year. 2.Solar Panel shall be 85 Watt, 12 VDC. 3.Batteries (2) shall be Valve-Regulated, Absorbed Glass Mat Technology 12 VDC and 79 Ah. 4.Charging Control System shall be a solar industry standard item with temperature compensating charging voltage. 5.Battery Cabinet: a.The cabinet shell shall be powder coat painted. b.The cabinet shall be vandal and tamper resistant (this includes assembly hardware). c.The cabinet shall be 16" (H) x 37" (1/1/) x 8.25" (D). d.The cabinet shall house the batteries, solar controller and lightning protection device. Installation and Testing. 1. Equipment setup and installation shall be per sign manufacturer's instructions. Revised 6/15/17 Contract No. 6070 Page 126 of 128 2. After installation is complete a test of the Speed Feedback Sign system is required. Notify the Engineer at least 5 business days before performing the system test. Test the system in the presence of the Engineer. 3. Radar speed feedback sign system test consists of: a. Turning on the radar speed feedback sign system. b. Driving a vehicle and recording the speeds displayed: i.By the vehicle speedometer. ii.On the vehicle speed feedback sign for the vehicles. c. Performing the test 5 times. d. Ensuring that the 5 recorded speeds of the vehicle speed feedback sign are within ± 1 mph of the vehicle speeds recorded from the vehicle speedometer. 4. After successful testing, present the recorded results to the Engineer. 5. Provide training to a maximum of 4 Department employees on the operation of the vehicle speed feedback sign. Training must be a minimum of 1 hour and include how to program, adjust, troubleshoot, and repair the sign. Payment. Payment for "Speed Feedback Sign" shall be measured and paid for on an each basis and shall include all labor, materials, tools, equipment, and incidentals necessary including but not limited to: installing modified Caltrans Type 1-A poles and foundations, solar power system and enclosures, landscape and irrigation restoration, mounting equipment, radar speed feedback signs and all related incidentals necessary to complete the work in place. SECTION 701 - CONSTRUCTION 7131-8 FOUNDATIONS, FOUNDATION CAPS AND SLABS 70.18.1 General. ADD the following: Pole foundation shall conform to the latest edition of the Caltrans Standard Plans. OW f i MI- Revised 6/15/17 Contract No 6070 Page 127 of 128 CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (760))00N000( FIELD # (760)XXX-XXXX Dear resident: As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be resurfaced with asphalt concrete over the existing roadway surface. This construction will require the closing of your street to through traffic for one day. Your street, from XYZ St. to DEF Ave. will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: XX / XX/)0( from 7:00A.M. to 5:00 P.M. If you don't plan to leave your home by 7:00 A.M. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad's Project Inspector. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at the above phone number if you have any questions regarding the project. Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector @ (xxx) xxx-xxxx. Thank you for your cooperation as we work to make a better City of Carlsbad. APPENDIX "A" TUIV Revised 6/15/17 Contract No. 6070 Page 128 of 128