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VSS Internation Inc; 2024-08-20; PWS24-2417TRAN
Revised 6/12/18 Contract No. 6001-23SS Page 1 of 136 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR 2023 SLURRY SEAL PROJECT CONTRACT NO. 6001-23SS BID NO. PWS24-2417TRAN Revised 6/12/18 Contract No. 6001-23SS Page 2 of 136 TABLE OF CONTENTS Item Page Notice Inviting Bids ................................................................................................................ 6 Contractor's Proposal ........................................................................................................... 13 Bid Security Form ................................................................................................................ 20 Bidder’s Bond to Accompany Proposal ................................................................................ 21 Guide for Completing the “Designation of Subcontractors” Form ......................................... 22 Designation of Subcontractor and Amount of Subcontractor’s Bid Items ............................. 24 Bidder's Statement of Technical Ability and Experience ....................................................... 25 Bidder’s Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation ................................................................................... 26 Bidder’s Statement Re Debarment ....................................................................................... 27 Bidder's Disclosure of Discipline Record…………………………………………… .................. 28 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ........................ 30 Contract Public Works .......................................................................................................... 31 Labor and Materials Bond .................................................................................................... 38 Faithful Performance/Warranty Bond ................................................................................... 40 Optional Escrow Agreement for Surety Deposits in Lieu of Retention .................................. 42 Revised 6/12/18 Contract No. 6001-23SS Page 3 of 136 GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms .......................................................... ................................................ 45 1-2 Definitions .................................................... ................................................ 45 1-3 Abbreviations ............................................... ................................................ 49 1-4 Units of Measure .......................................... ................................................ 52 1-5 Symbols ....................................................... ................................................ 53 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract ................. ................................................ 54 2-2 Assignment .................................................. ................................................ 54 2-3 Subcontracts ................................................ ................................................ 54 2-4 Contract Bonds ............................................ ................................................ 55 2-5 Plans and Specifications .............................. ................................................ 56 2-6 Work to be Done .......................................... ................................................ 60 2-7 Subsurface Data .......................................... ................................................ 60 2-8 Right-of-Way ................................................ ................................................ 60 2-9 Surveying ..................................................... ................................................ 60 2-10 Authority of Board and Engineer .................. ................................................ 62 2-11 Inspection .................................................... ................................................ 62 Section 3 Changes in Work 3-1 Changes Requested by the Contractor ........ ................................................ 64 3-2 Changes Initiated by the Agency .................. ................................................ 64 3-3 Extra Work ................................................... ................................................ 65 3-4 Changed Conditions .................................... ................................................ 68 3-5 Disputed Work ............................................. ................................................ 69 Section 4 Control of Materials 4-1 Materials and Workmanship ......................... ................................................ 75 4-2 Materials Transportation, Handling and Storage ........................................... 79 Section 5 Utilities 5-1 Location ....................................................... ................................................ 81 5-2 Protection .................................................... ................................................ 81 5-3 Removal ...................................................... ................................................ 82 5-4 Relocation .................................................... ................................................ 82 5-5 Delays .......................................................... ................................................ 83 5-6 Cooperation ................................................. ................................................ 83 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work ................................... 84 6-2 Prosecution of Work ..................................... ................................................ 88 6-3 Suspension of Work ..................................... ................................................ 89 6-4 Default by Contractor ................................... ................................................ 89 6-5 Termination of Contract................................ ................................................ 90 6-6 Delays and Extensions of Time .................... ................................................ 90 6-7 Time of Completion ...................................... ................................................ 91 6-8 Completion, Acceptance, and Warranty ....... ................................................ 92 6-9 Liquidated Damages .................................... ................................................ 92 Revised 6/12/18 Contract No. 6001-23SS Page 4 of 136 6-10 Use of Improvement During Construction .... ................................................ 93 Section 7 Responsibilities of the Contractor 7-1 Contractor’s Equipment and Facilities .......... ................................................ 94 7-2 Labor ........................................................... ................................................ 94 7-3 Liability Insurance ........................................ ................................................ 94 7-4 Workers' Compensation Insurance .............. ................................................ 94 7-5 Permits ........................................................ ................................................ 95 7-6 The Contractor’s Representative .................. ................................................ 95 7-7 Cooperation and Collateral Work ................. ................................................ 95 7-8 Project Site Maintenance ............................. ................................................ 96 7-9 Protection and Restoration of Existing Improvements ................................... 98 7-10 Public Convenience and Safety ................... ................................................ 99 7-11 Patent Fees or Royalties .............................. .............................................. 106 7-12 Advertising ................................................... .............................................. 106 7-13 Laws to be Observed ................................... .............................................. 106 7-14 Antitrust Claims ............................................ .............................................. 106 Section 8 Facilities for Agency Personnel 8-1 General ........................................................ .............................................. 107 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work .......................................... 108 9-2 Lump Sum Work .......................................... .............................................. 108 9-3 Payment ...................................................... .............................................. 108 9-4 Bid Items ...................................................... .............................................. 112 SUPPLEMENTAL PROVISIONS TO PART 2, 3 OF THE SSPWC Part 2 Construction Materials Section 200 Rock Materials 200-2 Untreated Base Materials ............................. .............................................. 116 Section 203 Bituminous Materials 203-3 Emulsified Asphalt ....................................... .............................................. 116 203-4 Emulsion Aggregate Slurry .......................... .............................................. 117 203-6 Asphalt Concrete ......................................... .............................................. 117 203-10 Asphalt Pavement Crack Sealants ............... .............................................. 118 Section 206 Miscellaneous Metal Items 206-7 Portable Changeable Message Sign ............ .............................................. 119 Section 214 Pavement Markers 214-4 Paint for Striping and Marking ...................... .............................................. 121 214-6 Pavement Markers ....................................... .............................................. 121 PART 3 Construction Methods Section 302 Roadway Surfacing 302-4 Slurry Seal Surfacing .................................................................................. 122 302-5 Asphalt Concrete Pavement ....................................................................... 129 302-15 Asphalt Pavement Repairs and Remediation .............................................. 131 Revised 6/12/18 Contract No. 6001-23SS Page 5 of 136 Section 314 Traffic Striping, Curb and Pavement Markings and Pavement Markers 314-3 Removal of Pavement Markers ................................................................... 133 314-4 Application of Traffic Striping and Curb and Pavement Markers .................. 133 314-5 Pavement Markers ...................................................................................... 134 Section 315 Temporary Traffic Control Devices 315-1 Temporary Traffic Pavement Markers ......................................................... 134 315-2 Temporary Traffic Signings ......................................................................... 135 315-4 Measurement and Pavement ...................................................................... 136 APPENDICES Appendix A - Door Hanger Template Appendix B - CARB Certification CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on June 20, 2024, the City shall accept bids via electronic format via the City of Carlsbad Electronic Bidding Site, PlanetBids, which may be accessed at https://www.carlsbadca.gov/departments/finance/contracting-purchasing, for performing the work as follows: Cold mill, pave, and stripe various streets. 2023 SLURRY SEAL PROJECT CONTRACT NO. 6001-23SS BID NO. PWS24-2417TRAN 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: https://www.carlsbadca.gov/departments/finance/contracting-purchasing, 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 . . , f.,r Revised 6/12/18 Contract No. 6001-23SS Page 6 of 136 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. 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 seNice 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 proposal's 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. This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 180 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. 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 180 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. (' •;;' Revised 6/12/18 Contract No. 6001-238S Page 7 of 136 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 th is Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the City Clerk's Office at 1200 Carlsbad Village Drive, Carlsbad, CA 92008-7314. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond (at time of Bid submit PDF copy via PlanetBids / All Bidders). Bid Bond (Original) within two (2) business days of bid Opening I 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(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure of Discipline Record 10. CARS Fleet Compliance Certification (Appendix B) 11. 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 ., f.+r Revised 6/12/18 Contract No. 6001-23SS Page 8 of 136 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 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 City within two (2) business days after bid opening date. Failure to provide the original within two (2) business days may deem the bidder non-responsive. 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 $5,680,000. COMMENCEMENT OF WORK/TIME OF COMPLETION Placement of slurry seal shall not take place within a few days before a storm event nor a few days after a storm event unless Contractor receives written approval from the Engineer. Contractor's bid costs for placement of overlay and slurry seal must remain firm from the bid opening date through completion of the Project, excluding increases for work that would otherwise qualify as a Changed Condition (Section 3-4) or Change Order unrelated to a storm event restriction on which placement of slurry seal may occur on the Project. The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIAL TY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases, the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not include federal funds. The following classifications are acceptable for this contract: Classification A -General Engineering or C12: Earthwork and Paving. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained from the City's website https://www.carlsbadca.gov/departments/finance/contracting-purchasing. Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Contract Administrator a written request for clarification or correction . Any response will be made only by a written addendum duly issued by the Contract Administrator and distributed via Planet Bids. No oral response will be made to such {'\ •+' Revised 6/12/18 Contract No. 6001-23SS Page 9 of 136 inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in · the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as herein before specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Con- tract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. CALIFORNIA AIR RESOURCES BOARD (CARS) ADVANCED CLEAN FLEETS REGULATIONS Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please see Appendix B and visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our- work/programs/advanced-clean-fleets. 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 l' •+;' Revised 6/12/18 Contract No. 6001-23SS Page 10 of 136 this proposal, times the unit price as submitted by the bidder. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via the eBidding website. 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 5 p.m. on June 10, 2024. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and made available via the City of Carlsbad PlanetBids portal by June 13, 2024. ADDENDA Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1. An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 1 O calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1. Have 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. ,, •,;' Revised 6/12/18 Contract No. 6001-23$S Page 11 of 136 Item No. Description 5 Prepare Traffic Control and Detour Plans at twenty six thousand liven hundred dollars and zero cents (Price in Words) 6 Traffic Control Plan Implementation at Approximate Quantity and Unit 1 LS 1 LS seven hundred eighty six thousand four hundred twenty three 7 8 9 10 11 12 dollars and ten cents (Price in Wo rds) Street Sweeping and Dust Control at one hundred seventy five thousand dollars and zero cents (Price in Words) Clearing & Grubbing, Weed Killing, and Tree Trimming at thirty two thousand dollars and zero cents (Price in Words) Survey Monument Field Survey, Set Reference Ties, Pre-Construction Corner Record at) sixty two thousand seven hundred dollars and zero cents (Price in Words) Ti e Out and Re-establish Survey Monuments, Post-Construction Corner Record at one thousand five hundred ninety five dollars and zero cents (Unit Price in Words) Remove Existing Thermoplastic at 1 LS 1 LS 1 LS 10EA 1 LS one hundred seventy nine thousand five hundred fifty dollars and zero cents (Price in Words) Cold Mill 2" AC and Dispose Grindings -For Patching Throughout Project at one dollar and ten cents (Unit Price in Words) 275,250 SF l' •~ Revised 6/12/18 Contract No. 6001-23SS Unit Price (Figures) $26,500.000 Total Amount (Figures) $ $26,500.00 $786,423.100 $ $786,423.10 $175,000.000 $175,000.00 $ ___ _ $32,000 .000 $32,000.00 $ __ _ $62,700.000 $ $62,700.00 $ $1,595.000 $15,950.00 $ ___ _ $179,550.000 $179,550.00 $ __ _ $1.100 $ ___ _ $ $302,775.00 Page 14 of 136 Item No. Description Approximate Quantity and Unit Unit Price (Figures) 13 14 15 16 17 18 Cold Mill 1.5" AC and Dispose Grindings -For Overlay at zero dollars and fifty five cents (Unit Price in Words) 121,656 SF $$0.550 Construct 2" Type III-C3-PG 64-10 AC <t? (WMA Additive Optional) -For Patching 3,441 TON -w-62.490 Only at two hundred sixty two dollars and forty nine cents (Unit Price in Words) Construct 1.5" Type III-C3-PG 64-10 AC (WMA Additive Optional) -For 1,141 TON Overlay at two hundred fifty three dollars and eighty four cents (Unit Price in Words) Crack Seal streets with hot applied crack sealant, crack sealant shall be $253.840 $ ___ _ Elastoflex 670 (Polyskin). DETACK 5,020 BOXES \126.360 detackifer shall be used on all crack seal immediately following application, at one hundred twenty six dollars and thirty six cents (Unit Price in Words) Routing (using Crafco Model 30 or approved equal) at fifty thousand eight hundred twenty dollars and zero cents (Price in Words) Protect Utility Covers, MH, and vaults in place at twenty thousand dollars and zero cents (Price in Words) $50,820.000 1 LS 1 LS $20,000.000 l' • ., Revised 6/12/18 Contract No. 6001-23SS Total Amount (Figures) $ $66,910.80 $903,228.09 $ ___ _ $289,631.44 $ ___ _ $634,327.20 $ ___ _ $50,820.00 $ ___ _ $20,000.00 $ __ _ Page 15 of 136 Approximate Total Item Quantity Unit Price Amount No. Description and Unit (Figures) (Figures) 19 Slurry Seal, Type I-PMCQS-1 h-EAS $340.000 Sl ,063,860.00 w/2.5% Polymer by Weight of Residual 3,129 ELT $ $ Asphalt (in bike lanes and buffers) at three hundred forty dollars and zero cents (Unit Price in Words) 20 Slurry Seal, Type II-PMCQS-1 h-EAS w/2.5% Polymer by Weight of Residual 2,103 ELT $ $360.000 $ $757,080.00 Asphalt (in travel lanes and turn pockets) at three hundred sixty dollars and zero cents (Unit Price in Words) $21,000.000 $21,000.00 21 Temporary pavement markers at 1 LS $ twenty one thousand dollars and zero cents (Price in Words) 22 Signing, Striping, Thermo, and RPMs 1 LS $1,001,805.000 $ S 1,001 ,805.00 per Plans and Caltrans Details at one million one thousand eight hundred five dollars and zero cents (Price in Words) 23 Install Blue fire hydrant reflective $13.750 $962.50 70 EA $ $ pavement markers at thirteen dollars and seventy five cents (Unit Price in Words) 24 Install Red-Yellow left edge line 225 EA $ $11.000 $ $2,475.00 reflective pavement markers at eleven dollars and zero cents (Unit Price in Words) $1,100.000 $88,000.00 25 Replace water valve and survey $ monument boxes and adjust to grade at 80 EA $ one thousand one hundred dollars and zero cents (Unit Price in Words) l' • ._, Revised 6/12/18 Contract No. 6001-23SS Page 16 of 136 Item No. Description 26 Adjust manholes to grade at one thousand one hundred dollars and zero cents (Unit Price in Words) Approximate Quantity and Unit 25 EA Unit Price {Figures) $ $1,1 00.000 The City of Carlsbad shall determine the low bid based on the sum of Schedule A. Price(s) given above are firm for 90 days after date of bid opening. Total Amount {Figures) $ $27,500.00 $6,640,120.00 Addendum(a) No(s). _1 ________ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid . The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. 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 293727 , classification A, B, C-1 2 which expires on 03/31/2025 , and Department of Industrial Relations PWC registration number 100000123 1 which expires on 06/30/2025 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed . The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is __ B_id_d_e_r_'s_B_o_n_d _______ (Cash, Certified Check, Bond or Cashier's Check) torten percent (10%) of the amount bid. {'\ • .-, Revised 6/12/18 Contract No. 6001 -23SS Page 17 of 136 The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted _________________ _ (2) Signature (given and surname) of proprietor ________________ _ (3) Place of Business __________________________ _ (Street and Number) City and State ___________________________ _ (4) Zip Code _______ _ Telephone No. ______________ _ (5) E-Mail ___________________________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted _________________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business __________________________ _ (Street and Number) City and State ___________________________ _ (4) Zip Code ______ _ Telephone No. _______________ _ (5) E-Mail ___________________________ _ ., \i+; Revised 6/12/18 Contract No. 6001-23SS Page 18 of 136 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted VSS International, Inc. -------~--------- (2) ~~ (Signature) Jeff Roberts. Sr. Vice President (Title) Impress Corporate Se::JI here (3) Incorporated under the laws of the State of ___ C_a_l_ifo_rn_ia __________ _ (4) Place of Business 3785 Channel Drive (Street and Number) City and State West Sacramento, CA (5) Zip Code _9_5_6_9_1 ____ _ Telephone No. (916) 373 -1500 (6) E-Mail __ v_s_s_i __ c_o_n_tr_a_c_t_s@_sl_u_rr_y_.c_o_m ________________ _ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Jeffrey Reed, President Jeff Roberts, Sr. Vice President Jordan Reed. Secretary/ Treasurer Matt Ferguson, VP of Construction ~, '-~ Revised 6/12/18 Contract No. 6001-23SS Page 19 of 136 BID SECURITY FORM (Check to Accompany Bid) N/ A -VSS International, Inc. providing Bid Bond 2023 SLURRY SEAL PROJECT CONTRACT NO. 6001-23SS (NOTE: The following form shall be used if check accompanies bid .) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of~ ............ ~---------------------- -----------------------dollars($ ______ ___,, this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. N/A N/A BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) ., f.tr Revised 6/12/18 Contract No. 6001-23S$ Page 20 of 136 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 mor~ than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be deter- mined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. ., f.+;' Revised 6/12/18 Contract No. 6001-23SS Page 22 of 136 Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated . . , f.~ Revised 6/12/18 Contract No. 6001-23SS Page 23 of 136 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) 2023 SLURRY SEAL PROJECT CONTRACT NO. 6001-23SS The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Wo rk 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 mad e except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Subcontractor Name Phone No. DIR Subcontractor's Amount of Portion and and Email Registration License No. and Work by of Work Subcontract Location of Business Address No. Classification or in Dollars* Paving Hardy & Harper. Inc 32 Rancho Circle, lake forest. ca 92630 (714) 444-1851 1000000076 215952 A, C8,C12 1,620.00 cicamen@hardyandharper.com Crack Seal MD RUBBERIZED CRACKFILL LLC (949) 273-6127 1000006438 986686 -A 485,881.00 32 Rancho Circle Lake Forest CA 92630 cicamen@hardyandharper.com Striping CHRISP COMPANY (510) 656-2840 1000000306 374600 -A,C13, C32 961,175.00 PO BOX 1368 FREMONT, CA 94538 jhanson@chrispco.com Survey CASE LAND SURVEYING, INC. (714 )628-8948 1000001533 L5411 -Survey 41 ,500.00 614 N. ECKHOFF STREET ORANGE CA 92868 clsi@caselandsurveying.com Page _1 __ of _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." ~, fa.-, Revised 6/12/18 Contract No. 6001-23SS Page 24 of 136 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) 2023SLURRYSEALPROJECT CONTRACT NO. 6001-235S The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Address Name and Phone Amount Contract of the Employer No. of Person to Type of Work of Completed Contract Contract June 2023 City of Clovis Ph:(559) 324-2350 Cape Seal & T2 $2,242, 120.( 1 U.5.5 ,nm ::.1ree1 1 nsn uensmore Slurry Seal Clovis CA 93612 TrishD @ci.clovis.ca.us 0 Oct. 2023 City of Vacaville Ph: (707) 449-51 00 --T2 Slurry $3,067,000. D 0 oou 1v1c1cr1u r11 .:>11cc 1 Amer Rihani AR Chip Vacavill e, CA 95688 it, ~,-,r Dih,--,ni/n\~it, ,~h ,~~r ,,;Jl,:,r ~~ Dec. 2023 ,1--ity of West Sacramento Ph:(916)6 17-4645 Cape, T2 $3,652,000.00 l l O West Caoitol A venue, t, •~~'~~ r'h r;d;r,,-, Cl ~, ,_ st Fl. christianas@cityofwestsacra m ~nto.org Micro 'Nest Sacramento, CA See Attacr e d: Contractor Exp ~ri ence a nd Qualific ::i tions ~, "f.fi Revised 6/12/18 Contract No. 6001-23SS Page 25 of 136 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) 2023 SLURRY SEAL PROJECT CONTRACT NO. 6001-23SS As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: 0 Comprehensive General Liability 0 Automobile Liability 0 Workers Compensation 0 Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. ,, •~ Revised 6/12/18 Contract No. 6001-23SS Page 26 of 136 Policy Number: 51 CSEQU2542 COMMERCIAL AUTOMOBILE HA9916 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. -WHO IS AN INSURED -of Section 11 -Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. -WHO IS AN INSURED -of Section II -Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." Form HA 99 16 03 12 © 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. -DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS -OF SECTION IV - BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. -Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract • This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount • that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: Form HA 9916 0312 © 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. -FELLOW EMPLOYEE -of SECTION II -LIABILITY COVERAGE does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION 111 -PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS -of SECTION Ill PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT -BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS -of SECTION Ill -PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or Form HA 9916 0312 © 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b.Section Ill -Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE BROADENED COVERAGE Under Paragraph A. -COVERAGE -of SECTION Ill -PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. -DEDUCTIBLE -of SECTION Ill -PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. -DEDUCTIBLE -of SECTION Ill -PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller ( or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS -of SECTION IV -BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO -COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: Form HA 9916 0312 © 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS -CANCELLATION -applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non-hybrid" auto's actual cash value or replacement cost, whichever is less, b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. Form HA 99 16 03 12 © 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) Page 5 of 5 Policy Number: 51CSEQU2541 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provIsIons in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I -COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section Ill -Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments -Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: HG 00 01 0916 (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II -Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II -Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice And Good Samaritan Coverage "Bodily injury" arising out of the rendering of or failure to render the following health care services by any "employee" or "volunteer worker" shall be deemed to be caused by an "occurrence" for: Page 1 of 21 © 2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (1) Professional health care services such as: (a) Medical, surgical, dental, laboratory, x- ray or nursing services or treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or (c) The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or (2) First aid services, which include: (a) Cardiopulmonary resuscitation, whether performed manually or with a defibrillator; or (b) Services performed as a Good Samaritan. For the purpose of determining the limits of insurance, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". However, this Incidental Medical Malpractice And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provision. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: Page 2 of 21 (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you • are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: HG 00 010916 (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for HG 00 010916 the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored , treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operati ons by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by th e release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working Page 3 of 21 directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next Page 4 of 21 to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured ; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: HG 00 010916 (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill -Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard". HG 00 01 0916 This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired - Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Access or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, Page 5 of 21 public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Employment-Related Practices "Bodily injury" to: (1) A person arising out of any "employment- related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment-related practices" are directed. This exclusion applies: (1) Whether the injury-causing event described in the definition of "employment- related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos (1) "Bodily injury" or "property damage" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or Page 6 of 21 assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". s. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You - Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill -Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our HG 00 01 0916 discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section Ill -Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments -Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to HG 00 010916 use another's "advertising idea" in your "advertisement". g. Quality Or Performance Of Goods - Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. i. Infringement Of Intellectual Property Rights (1) "Personal and advertising injury" arising out of any actual or alleged infringement or violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, trade dress, service mark or other designation of origin or authenticity; or (2) Any injury or damage alleged in any clam or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (1) Infringement, in your "advertisement", of: (a) Copyright; (b) Slogan; or (c) Title of any literary or artistic work; or (2) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. of the definition of "personal and advertising injury" under the Definitions Section. Page 7 of 21 For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution-Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others Page 8 of 21 "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti-Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. t. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. HG 00 010916 u. Employment-Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment- related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment-related practices" are directed. This exclusion applies: (1) Whether the injury-causing event described in the definition of "employment- related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else _who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". w. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health HG 00 01 0916 information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of Page 9 of 21 any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products-Completed Operations Hazard Included within the "products-completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS -COVERAGES AANDB 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a Page 10 of 21 party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I - Coverage A -Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. HG 00 010916 Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II -WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An • individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited HG 00 01 0916 liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or that "volunteer worker" as a consequence of Paragraph (1 )(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1 )(a) or (1 )(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services: (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any "employee" or "volunteer worker" providing first aid services; and (b) Subparagraph (1)(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only Page 11 of 21 with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Page 12 of 21 5. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under th is provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage fo r "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to : (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you ; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally HG 00 010916 undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: HG 00 010916 This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on • your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or Page 13 of 21 (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products-completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard". However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others Page 14 of 21 by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional insureds is described in Section Ill -Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV - Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill -LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard"; and c. Damages under Coverage B. 3. Products-Completed Operations Aggregate Limit The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and HG 00 010916 b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence , Offense, Claim Or Suit HG 00 010916 a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such add itional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written Page 15 of 21 contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or the additional insured is a partnership; (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. Page 16 of 21 b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) YourWork That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented ·to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A -Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I -Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also HG 00 01 0916 primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. HG00010916 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. ~ep~ratign Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to Page 17 of 21 impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or Page 18 of 21 other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 8. "Employment-Related Practices" means: a. Refusal to employ that person; b. Termination of that person's employment; or c. Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. HG00010916 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work", or your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section Ill -Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreE;lment that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: HG 00 01 0916 (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained Page 19 of 21 primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; Page 20 of 21 e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement". 18. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the · earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products- HG00010916 completed operations are subject to the General Aggregate Limit. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who a. Is not your "employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. HG 00 01 09 16 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. Page 21 of 21 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) 2023 SLURRY SEAL PROJECT CONTRACT NO. 6001-23SS 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? .,, I 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 party debarred N/A agency N/A period of debarment s BY CONTRACTOR: VSS International, Inc. (name of Contractor) By r,~ W?here) Jeff Roberts, Sr. ice President (print name/title) N/A party debarred N/A agency N/A period of debarment Page _l_ of _l _ pages of this Re Debarment form ., f.., Revised 6/12/18 Contract No. 6001-23SS Page 27 of 136 I I BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) 2023 SLURRY SEAL PROJECT CONTRACT NO. 6001-23SS 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? ti I yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? ti I yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State License Board two or more times within an eight-year period? ti I yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? l ti I 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. NONE (If needed attach additional sheets to provide full disclosure.) Page _l_ of __ l _ pages of this Disclosure of Discipline form ., f.., Revised 6/12/18 Contract No. 6001-23SS Page 28 of 136 conditions . Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed , notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class 11, 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 cha racter provided for in the contract. City shall promptl y investigate the co nditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requi rements, 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 W age. 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. Pu rsuant to Californ ia 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 requ ires 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 ha rmless the City, and its officers and employees, from all claims, loss, l'\ • ._, Revised 6/12/18 Contract No. 6001 -23SS Page 32 of 136 damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an "occurrence" basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this 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 ,., •ii' Revised 6/12/18 Contract No. 6001-23SS Page 33 of 136 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. 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. ('\ •+;' Revised 6/12/18 Contract No. 6001-23SS Page 34 of 136 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. (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 above. _§J ___ init ~ init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. l' •+;' Revised 6/12/18 Contract No. 6001-23SS Page 35 of 136 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S .C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 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. Ill Ill Ill Ill Ill Ill Ill NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: VSS International, Inc. (name of Contractor) l"\ • ., Revised 6/12/18 Contract No. 6001-23SS Page 36 of 136 LABOR AND MATESRIALS BOND Bond No. 30225271 Premium: Included in Performance Bond WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to VSS International, Inc., (hereinafter designated as the "Principal"), a Contract for: 2023 SLURRY SEAL PROJECT CONTRACT NO. 6001-23SS in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of the ir subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, VSS International, Inc. as Principal, (hereinafter designated as the "Contractor"), and Western Surety Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of six mi llion six hundred forty thousand one hundred twenty dollars ($6,640,120), 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 requ ired 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 . . ~ '-J Revised 6/12/18 Contract No. 6001-23SS Page 38 of 136 Bond No. 30225271 Premium: $19,920.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to VSS International, Inc. , (hereinafter designated as the "Principal"), a Contract for: 2023 SLURRY SEAL PROJECT CONTRACT NO. 6001-23SS 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, VSS International, Inc. as Principal, (hereinafter designated as the "Contractor"), and Western Surety Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of six million six hundred forty thousand one hundred twenty dollars ($6,640,120), 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 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. " • ., Revised 6/12/18 Contract No. 6001-23SS Page 40 of 136 DISCLOSURE & SUBMITTAL REQUIREMENT VEHICLE EMISSION DISCLOSURE & COMPLIANCE REQUIREMENT. This Project is subject to the following regulation(s) by the California Air Resources Board. In bidding this Project, it shall be th e Bidder's sole responsibility to evaluate and include the cost of complying with all equipment and vehicle emission requirements under this Contract and applicable law in its Bid. ADVANCED CLEAN FLEETS. Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca .gov/our-work/programs/advanced-clean- fleets. Bidders utilizing subcontractors shall provide a signed certificate of reported compliance for each listed subcontractor in the space provided in the Proposed Subcontractors form. Bidders, and its subcontractors must be registered as compliant fleets at the time of bid submittal. In the event that a bidder, or its subcontractors, are exempt from this regulation, the bidder must submit a signed statement attesting to the fact, and to the reason(s) why it is not subject to the High Priority and Federal Fleets Regulation of Title 13, CCR Section 2015 through 2015.6 and the State and Local Government Fleets Regulation of Title 13, CCR Section 2013 through 2013.4. Failure to certify as a compliant fleet or provide an attestation to an exemption, may render the bid non-responsive. IN-USE OFF-ROAD DIESEL-FUELED FLEETS. Any contractor utilizing off highway vehicles or equipment may be subject to compliance with the In-Use Off-Road Diesel-Fueled Fleets Regulation. For more information, please visit the CARB In-Use Off-Road Diesel-Fueled Fleets Regulation webpage at: https://ww2 .arb.ca.gov/our- work/programs/use-road-diesel-fueled-fleets-regulation. Bidders shall submit with its Bid a valid California Air Resources Board certificate of reported compliance. Bidders utilizing subcontractors shall submit the DOORS ID number for each listed subcontractor in the space provided in the Proposed Subcontractors form. Bidders are responsible for including a certificate of reported compliance for each identified subcontractor. Failure to submit valid certificates may render the bid non-responsive. GENERAL COMPLIANCE WITH LAWS. Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. City Attorney Approved Version 12/14/2023 Contractor is aware of the requirements of the emissions reduction regulations being mandated by the California Air Resources Board ("CARB") and that it will comply with all applicable regulations before commencing the performance of the work and maintain compliance throughout the duration of this Agreement. CALIFORNIA AIR RESOURCES BOARD. The California Air Resources Board ("CARB") implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations ("Regulation") which are effective on January 1, 2024, and apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2. arb. ca. gov /sites/default/files/barcu/reqact/2022/off-roaddiesel/appa-1 . pdf Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors the most recent, valid Certificate of Reported Compliance ("CRC") issued by CARS. Failure to provide valid CRCs as required herein may render the Bid non-responsive. The City of Carlsbad is a Public Works Awarding Body, as that term is defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported Compliance ("CRC") for the Bidder's fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Bidders must complete and submit the Fleet Compliance Certification, on the form provided. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive. COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD REGULATIONS. Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the California Air Resources Board ("CARB") regulations including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation"). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, Certificates of Reported Compliance ("CRC"), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City of Carlsbad. Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City of Carlsbad, its officials (appointed and elected), officers, and employees from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. City Attorney Approved Version 12/14/2023 FLEET COMPLIANCE CERTIFICATION. Bidder hereby acknowledges that they have reviewed the CARB's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: 0 The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. □ The Fleet is exempt from the Regulation under Section 2449.1 (f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. □ Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1 (f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). □ The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an "emergency", as that term is defined in Section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). □ The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name of Bidder: VSS International, Inc. Signature: C Name: ~~9 Jeff Roberts Title: Sr. Vice President Date: May 28, 2024 City Attorney Approved Version 12/14/2023 Contract No. 6001-23SS - PWS24-2417TRAN 1 Addendum No. 1 CITY OF CARLSBAD 2023 SLURRY SEAL PROJECT Contract No. 6001-23SS Bid No. PWS24-2417TRAN Addendum No. 1 From: Graham Jordan, Contract Administrator Phone: 442-339-2462 graham.jordan@carlsbadca.gov No. of Pages: 10 pages Date: June 13, 2024 Bid Opening Date: June 20, 2024 - 11:00 a.m. (unchanged) NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Specifications and/or Plans. Documents not specifically mentioned in this Addendum remain in full force. Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. MODIFICATIONS, DELETIONS, AND/OR ADDITIONS TO SPECIFICATIONS ITEM NO. 1: 302-4.8.2.4 CONSTRUCTION METHOD Street segments were deleted. Replace the specifications (pages 127 and 128) in its entirety with Attachment A. MODIFICATIONS, DELETIONS, AND/OR ADDITIONS TO THE PLANS ITEM NO. 1: REVISED OR ADDED SHEETS Replace Sheets 1, 7, 19, and 22 with the revised sheets in Attachment B. QUESTIONS AND ANSWERS Questions relating to the project must go directly to the City’s Public Works Contract Administration Division. The City is not responsible for any information obtained through other means. Contract No. 6001-23SS - PWS24-2417TRAN 2 Addendum No. 1 1. Per Section 302-4.8.2.3 Maintenance-Can the Contractor shut down the Streets for 15 days to meet the specifications? Define other distresses since raveling, power-steering marks and discoloration from watering are all normal occurrences for slurry seal? The Greenbook specifies that the city will determine when the slurry has cured enough to open to traffic, which typically takes about four hours after placement, depending on weather conditions. Some superficial tire marks are expected in the initial shedding process that normally track out with traffic in the first few days/weeks. However, substandard material can leave excessive tire and power steering marks, sometimes for weeks and months after placement. This tears the surface and leaves permanent divots down to the original surface and such occurrence would be cause for rejection of the work. The city disagrees that raveling is normal. Raveling is when the entire surface alligators and/or peals away from the underlying asphalt, which would also be cause for rejection of the work. “Shedding,” which is normal, is what the question appears to be referencing. Shedding is when the top surface layer of aggregate separates from the roadway in the slurry seal curing process after exposure to traffic. That is why all slurry seal contracts include routine street sweeping schedules for days and weeks after placement. Other distresses might result in washboarding, which can be caused by placing slurry too fast, or opening to traffic too soon, causing excessive shedding that leaves pocks in the surface (washboarding) that create a rough and noisy ride. Regarding coloration, the Greenbook requires slurry seal to cure to a uniform finish color. If mixed correctly, slurry seal has a brownish color when placed and should cure to a uniform black. If mixed or placed incorrectly, it can cure to a splotchy finish with patches of brown, yellow, and grey without any exposure to irrigation water or rain. In such cases, the Greenbook requires the contractor to correct the work. The public mailers and door hangers the contractor is required to send to residents and businesses request they turn off irrigation during slurry seal placement. Contractors should also be prepared to contact businesses and homeowners associations with landscape irrigation next to project areas to further coordinate and to avoid any active irrigation during placement and initial curing of slurry seal. The city understands that some discoloration from landscape irrigation may still occur. Such discoloration typically subsides within a few weeks or after a rain event. Whereas the discoloration from bad material described in the paragraph above can last for several months or longer and will be rejected per Greenbook. 2. On page 127 of the specs sheet, Table 302-4.8.2.4, contains a list of bike lanes that will receive a separate Type 1 slurry treatment while being on streets that are planned to receive a Type 2 slurry treatment. The question regards some discrepancies in the given table, some streets are stated to receive type 1 treatment in bike lanes that aren’t planned to receive any type of treatment in the given plan sheets. One example is a bike lane on El Camino Real, between the city limits and Calle Barcelona. The question is whether this is a mistake on the city of Carlsbad, or these bike lanes alone will receive type 1 slurry treatment. There were a few street segments of El Camino Real and Calle Barcelona that were mistakenly left in the specifications on pages 127 and 128. Those have been taken out and placed in this addendum. Contract No. 6001-23SS - PWS24-2417TRAN 3 Addendum No. 1 ATTACHMENT A REVISED SPECIFICATIONS Payment reduction for noncompliance shall conform to 302 -4.11.1 TABLE 302-4.8.2.4 -TYPE 1 AVERAGE WIDTH (SOUTHBOUND/ EASTBOUND AND NORTHBOUND/ WESTBOUND DIRECTIONS) m m w 3: "-"-0 0 m m u, z I I .=--I-LL LL ----Cl) Cl) 0. 0. ~ ~ I-.... .... 0 0 .c .c --i::, i::, Street Name From Street To Street i i BATIQUITOS DR PELICAN ST SHOREBIRD LN 8 8 BATIQUITOS DR AVIARA DR KINGFISHER LN 8 8 BATIQUITOS DR SHOREBIRD LN GOLDEN STAR LN 8 8 BATIQUITOS DR SPOONBILL LN SPOONBILL LN 8 8 BATIQUITOS DR GOLDEN STAR LN BLACK SWAN PL 8 8 BATIQUITOS DR KESTREL DR MELODIA TERRACE 10 10 BATIQUITOS DR MELODIA TERRACE PELICAN ST 8 8 BATIQUITOS DR HUMMINGBIRD RD AVIARA PY 8 8 BATIQUITOS DR BLACK SWAN PL AVIARA DR 8 8 BATIQUITOS DR SPOONBILL LN HUMMINGBIRD RD 8 8 BATIQUITOS DR KINGFISHER LN SPOONBILL LN 8 8 CALLE BARCELONA PASEO AVELLANO PASEO ARRAYAN 8 8 CALLE BARCELONA PASEO ALISO PASEO AVELLANO 8 8 CALLE BARCELONA EL CAMINO REAL PASEO ALISO 8 8 CALLE BARCELONA RANCHO SANTA FE RD PASEO ALMENDRO 8 8 CALLE BARCELONA PASEO ARRAYAN PASEO ALMENDRO 8 8 CAMINO DE LOS COCHES RANCHO SANTA FE RD CALLE TIMITEO 8 CAMINO DE LOS COCHES CALLE ACERVO MAVERICK WY 8 CAMINO DE LOS COCHES CALLE TIMITEO CALLE ACERVO 8 8 CAMINO DE LOS COCHES VIA CALLEN DO LACOSTA AV 8 8 CAMINO DE LOS COCHES TERRAZA DISOMA VIA CALENDO 8 8 ft "'-1 Revised 6/15/2017 Contract No. 6001-23SS Page 127 of 136 m m w 3: ... ... 0 0 m m U) z I I -.=-I-LL LL ----G) G) a. a. ~ ~ I-.... .... 0 0 .c .c --'0 '0 Street Name From Street To Street i i CAMINO DE LOS COCHES MAVERICK WY TERRAZA DISOMA 8 8 EL CAMINO REAL CARLSBAD VILLAGE DR HOSP WY 10 EL CAMINO REAL EL CAMINO REAL CARLSBAD VILLAGE DR 10 EL CAMINO REAL HOSP WY MARRON RD 8 EL CAMINO REAL ARENAL RD AVIARA PY EL CAMINO REAL CHESTNUT AV EL CAMINO REAL 10 EL CAMINO REAL HOSP WY CARLSBAD VILLAGE DR 10 EL CAMINO REAL CARLSBAD VILLAGE DR EL CAMINO REAL 10 EL CAMINO REAL MARRON RD HOSP WY 8 EL CAMINO REAL AVIARA PY ARENAL RD EL CAMINO REAL EL CAMINO REAL CHESTNUT AV 10 EL FUERTE POINSETTIA LN GREENHAVEN DR 12 EL FUERTE CHORLITO ST RANCHO PANCHO 12 12 EL FUERTE GREENHAVEN DR BRESSI RANCH WY 8 12 EL FUERTE RANCHO PANCHO POINSETTIA LN 12 12 EL FUERTE GATEWAY RD PALOMAR AIRPORT RD 10 EL FUERTE GATEWAY RD BRESSI RANCH WY 12 12 EL FUERTE LOKER AV EAST FARADAY AV 12 12 EL FUERTE PALOMAR AIRPORT RD LOKER AV EAST 12 12 EL FUERTE PRIVATE DY GATEWAY RD 10 FARADAY FARADAY AV ORION ST 8 8 FARADAY EL CAMINO REAL PALMER WY 8 FARADAY PALMER WY FARADAY AV 8 8 PASEO DEL NORTE CAR COUNTRY DR PASEO DEL NORTE 14 14 PASEO DEL NORTE GINGER AV SUNFLOWER WY 18 18 PASEO DEL NORTE PALOMAR AIRPORT RD CAR COUNTRY DR 8 8 ft "'-1 Revised 6/15/2017 Contract No. 6001-23SS Page 128 of 136 Contract No. 6001-23SS - PWS24-2417TRAN 4 Addendum No. 1 ATTACHMENT B REVISED PLANS VICINITY MAP SIGNING AND STRIPING NOTES 2023 SLURRY SEAL PROJECT CITY OF CARLSBAD CARLSBAD, CALIFORNIA CONTRACT NO. 6001-23SS FOR SHEET INDEX WORK TO BE DONE PROJECT LOCATION CITY COUNCIL DETAIL A - BIKE LANE SYMBOL AND ARROW MARKING SIGN LEGEND “”“”“” “” “” DETAIL F - BIKE SHARROW WITH GREEN PAINT DETAIL B - CONTINENTAL CROSSWALK MARKINGS DETAIL C-GREEN BIKE LANE SKIP DETAIL E-GREEN BIKE LANE SKIP AT CURB DETAIL D-GREEN BIKE LANE SKIP WITH 6" LINE GENERAL NOTES DETAIL G - STRIPING AT INTESECTIONS DETAIL H - SPEED CUSHION MARKINGS DETAIL I - SPEED CUSHION MARKINGS DETAIL J - PARKING SPACE MARKING DETAIL K - PARKING SPACE MARKING END DocuSign Envelope ID: 4D2FE29F-1522-409A-8202-271017DC98DB 6/12/2024 THE SIGNING AND STRIPING WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE FOLLOWING DOCUMENTS, CURRENT AT THE TIME OF CONSTRUCTION, AS DIRECTED BY THE CITY ENGINEER. 1 . CARLSBAD MUNICIPAL CODE 2. CITY OF CARLSBAD ENGINEERING STANDARDS 3. THIS SET OF PLANS 4. THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (GREEN BOOK). 5. THE SAN DIEGO REGIONAL STANDARD DRAWINGS AND AS MAY BE MODIFIED BY THE CITY OF CARLSBAD STANDARDS. 6. THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CA MUTCD). 7. CALTRANS STANDARD PLANS. 8. CALTRANS STANDARD SPECIFICATIONS. SHEET NO 1 DESCRIPTION TITLE SHEET 2-6 5-43 SLURRY SEAL BOUNDARY SIGNING & STRIPING PLANS THIS PROJECT IS LOCATED ON VARIOUS RESIDENTIAL STREETS AND CORRIDORS THROUGHOUT THE CITY OF CARLSBAD 1. THE CONTRACTOR IS RESPONSIBLE FOR INSTALLATION OF ALL SIGNING AND STRIPING. 2. ALL SIGNING, STRIPING AND PAVEMENT MARKINGS SHALL CONFORM TO THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (LATEST VERSION), THE CALTRANS STANDARD PLANS AND SPECIFICATIONS (LATEST VERSION), THESE PLANS AND THE SPECIAL PROVISIONS. 3. ALL SIGNING AND STRIPING IS SUBJECT TO THE APPROVAL OF THE TRANSPORTATION DIRECTOR OR THEIR REPRESENTATIVE, PRIOR TO INSTALLATION. 4. ANY DEVIATION FROM THESE SIGNING AND STRIPING PLANS SHALL BE APPROVED BY THE TRANSPORTATION DIRECTOR OR THEIR REPRESENTATIVE PRIOR TO ANY CHANGE IN THE FIELD. 5. ALL STRIPING SHALL BE REFLECTIVE PER CALTRANS SPECIFICATIONS. STRIPING SHALL BE REPAINTED TWO WEEKS AFTER INITIAL PAINTING. 6. ALL PERMANENT SIGNAGE SHALL BE REFLECTIVE PER ASTM DESIGNATION D4956 AND SHALL USE TYPE IV PRISMATIC REFLECTIVE SHEETING (HIGH INTENSITY PRISMATIC OR EQUAL) UNLESS OTHERWISE SPECIFIED. R1-1 STOP , R1-2 YIELD , R2-1 SPEED LIMIT AND STREET NAME SIGNS SHALL USE TYPE IX PRISMATIC CUBE-CORNER REFLECTIVE SHEETING (DIAMOND GRADE VIP OR EQUAL). 7. PRIOR TO FINAL ACCEPTANCE OF STREET IMPROVEMENTS, ALL STREET STRIPING AND MARKINGS WITHIN A 500' PERIMETER OF THE CONSTRUCTION PROJECT WILL BE RESTORED TO A LIKE NEW CONDITION, IN A MANNER MEETING THE APPROVAL OF THE CITY INSPECTOR. 8. EXACT LOCATION OF STRIPING AND STOP LIMIT LINES SHALL BE APPROVED BY THE TRANSPORTATION DIRECTOR OR THEIR REPRESENTATIVE PRIOR TO INSTALLATION. 9. CONTRACTOR SHALL REMOVE ALL CONFLICTING PAINTED LINES, MARKINGS AND PAVEMENT LEGENDS BY GRINDING. DEBRIS SHALL BE PROMPTLY REMOVED BY THE CONTRACTOR. 10. ALL PAVEMENT LEGENDS SHALL BE THE LATEST VERSION OF THE CALTRANS STENCILS. 11. LIMIT LINES AND CROSSWALKS SHALL BE FIELD LOCATED. CROSSWALKS SHALL BE HIGH VISIBILITY CONTINENTAL STYLE AND SHALL HAVE 10' INSIDE DIMENSION UNLESS OTHERWISE SPECIFIED. CONTINENTAL CROSSWALK MARKINGS SHALL BE PARALLEL TO THE DIRECTION OF VEHICULAR TRAVEL. 12. ALL CROSSWALKS, LIMIT LINES, STOP BARS, PAVEMENT ARROWS AND PAVEMENT LEGENDS SHALL BE THERMOPLASTIC UNLESS OTHERWISE SPECIFIED. PREFORMED THERMOPLASTIC ARROWS AND LEGENDS SHALL NOT BE ACCEPTABLE. 13. ALL BIKE LANE LEGENDS SHALL BE HELMETED BICYCLIST SYMBOL AND ARROW PER CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FIGURE 9C-3 AND PAINTED, UNLESS OTHERWISE SPECIFIED. 14. SIZE OF SIGNS SHALL BE BASED UPON THE RECOMMENDED SIGN SIZES FOUND IN THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES UNLESS OTHERWISE SPECIFIED. 15. SIGN POSTS SHALL BE SQUARE PERFORATED STEEL TUBING WITH BREAKAWAY BASE PER SAN DIEGO REGIONAL STANDARD DRAWING M-45. 16. WHEN A SIGN IS ATTACHED TO A POLE, IT SHALL BE MOUNTED USING A STANDARD CITY OF CARLSBAD APPROVED MOUNTING BRACKET WITH STRAPS. 17. EXISTING SIGNS REMOVED BY THE CONTRACTOR SHALL BE DELIVERED BY THE CONTRACTOR TO THE CITY OF CARLSBAD PUBLIC WORKS YARD AT 405 OAK AVENUE. 18. ALL SIGNS SHOWN ON THESE PLANS SHALL BE NEW SIGNS PROVIDED AND INSTALLED BY THE CONTRACTOR EXCEPT THOSE SIGNS SPECIFICALLY SHOWN AS EXISTING TO BE RELOCATED OR TO REMAIN. 19. FIRE HYDRANT PAVEMENT MARKERS SHALL CONFORM TO THE CALIFORNIA MUTCD AND SAN DIEGO REGIONAL STANDARD DRAWING M-19. 20.ALL NEW AND RELOCATED SIGNS SHALL BE CLEARLY VISIBLE, NOT BLOCKED BY ANY OBSTRUCTION. THE CONTRACTOR IS RESPONSIBLE TO TRIM OR REMOVE T W 21.ALL NEW STRIPING AND PAVEMENT LEGENDS SHALL BE CAT-TRACKED AND APPROVED BY THE TRANSPORTATION DIRECTOR OR THEIR REPRESENTATIVE BEFORE FINAL INSTALLATION. THE CONTRACTOR SHALL NOTIFY THE TRANSPORTATION DIRECTOR OR THEIR REPRESENTATIVE AFTER COMPLETING THE LAYOUT AND AT LEAST THE NUMBER OF WORKING DAYS DICTATED IN THE SPECIFICATIONS PRIOR TO COMMENCING INSTALLATION OF STRIPING, LEGENDS, AND MARKERS. PAVEMENT LEGENDS SHALL BE MARKED OUT IN FULL SIZE FOR REVIEW. Michael Baker INTERNATIONAL 5050 Avenida Encinas Suite 260 Carlsbad, CA 92006 Phone: (760) 476-9193 MBAKERINTL.COM /& ADDED GENERAL NOTE 1. CONTRACTOR SHALL PROTECT ALL EXISTING UTILITIES IN THE 2. 3. 4. ROADWAY AND RAISE TO FINISHED GRADE PER SPECIFICATION SECTION 302-5.8. THE CONTRACTOR MUST LOCATE, SURVEY, AND RECORD LOCATIONS OF ALL APPURTENANCES IN THE ROADWAY INCLUDING, BUT NOT LIMITED TO, MANHOLES, ACCESS HOLES, VALVE BOXES, BLOWOFFS, AIR RELEASES, SEWER CLEANOUTS, AND SURVEY MONUMENT BOXES. THE EXISTENCE AND LOCATION OF UTILITY STRUCTURES AND FACILITIES SHOWN ON THE CONSTRUCTION PLANS WERE OBTAINED BY A SEARCH OF AVAILABLE RECORDS. ATTENTION IS CALLED TO THE POSSIBLE EXISTENCE OF OTHER UTILITY FACILITIES OR STRUCTURES NOT SHOWN OR IN A LOCATION DIFFERENT FROM THAT SHOWN ON THE PLANS. THE CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES TO PROTECT THE UTILITIES SHOWN ON THE PLANS AND ANY OTHER EXISTING FACILITIES OR STRUCTURES NOT SHOWN. THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL EXISTING FACILITIES (ABOVE GROUND AND UNDERGROUND) WITHIN THE PROJECT SITE SUFFICIENTLY AHEAD OF WORK. THE CONTRACTOR SHALL NOTIFY AFFECTED UTILITY COMPANIES (SEE BELOW) AT LEAST 2 FULL WORKING DAYS PRIOR TO STARTING GRADING NEAR THEIR FACILITIES AND SHALL COORDINATE THE WORK WITH A COMPANY REPRESENTATIVE. UNDERGROUND SERVICE ALTER SDG&E AT&T TIME WARNER CABLE COX COMMUNICATIONS CITY OF CARLSBAD(STREETS & STORM DRAIN) *CITY OF CARLSBAD(SEWER,WATER & RECLAIMED WATER) 811 (800)411-7343 (800)892-0123 (760)438-7741 (619)262-1122 (760)434-2980 (760)438-2722 (760)633-2650 (760)753-0155 (760)744-0460 (760)753-6466 *SAN DIEGUITO WATER DISTRICT *LEUCADIA WASTEWATER DISTRICT *VALLECITOS WATER DISTRICT *OLIVENHAIN WATER DISTRICT *BUENA SANITATION DISTRICT (760)726-1340X1330 *AS APPROPRIATE NOT TO SCALE OPTIONAL LEFT / /'\ TURN ARROW USE ~ 7 1 '.:,,, E ♦ ~-- - (PER PLAN) / / z -:::;; . a 72" 72" NOT TO SCALE 24" WHITE OR YELLOW---- THERMOPLASTIC . st GUTTER 72" 12" LIMIT LINE z <( 0: Cl:'. ~ 4' 8' NOT TO SCALE 4' 8' 4' GREEN PAINT (TYP) 6" WHITE SKIP (TYP) NOTE: GREEN TRAFFIC PAINT SHALL BE ENNIS-FLINT 985216 GREEN STANDARD FAST DRY WATERBORNE 1952F1/2 TRAFFIC PAINT, PRODUCT COLOR GREEN (34115) OR APPROVED EQUAL. PAINT TO MEET FEDERAL SPEC TT-P-1952F TYPE I & II. CITY OF CARLSBAD KEITH BLACKBURN -MAYOR PRIYA BHAT-PATEL -MAYOR PRO TEM MELANIE BURKHOLDER -COUNCIL MEMBER TERESA ACOSTA -COUNCIL MEMBER CAROLYN LUNA -COUNCIL MEMBER SCOTT CHADWICK CITY MANAGER PAZ GOMEZ DEPUTY CITY MANAGER NOT TO SCALE I 4' I 8' I 4' I 8' I I 4' I I ~ --!lll■~--------ll!■--11111!1~~!111■6■.■W■H■I ■TE-llllll!I--~ ~ SOLID (TYP) -~---""-GREEN PA~6" WHITE 111S■KI■P-· (TYP) (TYP) NOTE: GREEN TRAFFIC PAINT SHALL BE ENNIS-FLINT 985216 GREEN STANDARD FAST DRY WATERBORNE 1952F1/2 TRAFFIC PAINT, PRODUCT COLOR GREEN (34115) OR APPROVED EQUAL. PAINT TO MEET FEDERAL SPEC TT-P-1952F TYPE I & II. NOT TO SCALE 4' 8' 4' 8' 4' -- n\._6" WHITE z < _J [L ~GREEN PAINT SKIP (TYP) Cl:'. (TYP) w [L \ \_ LIP OF GUTTER STRIPING NOTE: GREEN PAINT SHALL STOP AT LIP OF GUTTER. NOTE: GREEN TRAFFIC PAINT SHALL BE ENNIS-FLINT 985216 GREEN STANDARD FAST DRY WATERBORNE 1952F1/2 TRAFFIC PAINT, PRODUCT COLOR GREEN (34115) OR APPROVED EQUAL. PAINT TO MEET FEDERAL SPEC TT-P-1952F TYPE I & II. NOT TO SCALE . <D 12' ---;;-..._GREEN PAINT (TYP) SHARED ROADWAY BICYCLE MARKING PER CALTRANS STD PLAN A24C. NOTE: GREEN TRAFFIC PAINT SHALL BE ENNIS-FLINT 985216 GREEN STANDARD FAST DRY WATERBORNE 1952F1/2 TRAFFIC PAINT, PRODUCT COLOR GREEN (34115) OR APPROVED EQUAL. PAINT TO MEET FEDERAL SPEC TT-P-1952F TYPE I & II. / DETAIJ DETAIL 2 /DETAIL 22 FACE OF CURB 5 50' .25' VAR 8.50' TO 18.50' PER PLAN NOT TO SCALE VAR 40' TO 60' . 7' . 1/) 1/) r--r-- N N NOT TO SCALE VAR 23' TO 30' 50' VAR 8.50' 5. TO 18.50' FACE OF CURB FACE OF\ CURB 1" DEEP GRIND BIKE LANE OR RIGHT EDGE LINE STRIPING 4" WHITE STRIPE 7' in VAR 7.25' r--TO 21.25' N NOT TO SCALE (SEE PLANS) FACE OF CURB DIRECTION OF TRAVEL 4" WHITE STRIPE ..-:::::=EXISTING FACE OF CURB 4" CITY OF OCEANSIDE 78 PACIFIC OCEAN . ~ BEGIN RIGHT TURN LANE ,, YIELD TO BIKES R4-4 36"X30" W4-2R 36"X36" 1\JRNING,. IDJICl.£S '(/ro R10-15(MOD) 30"X30" 1 ' I -- WHITE STRIPE'../ cP CITY OF VISTA CITY OF ENCINITAS GHT LAN TURNS RIGHT AHEAD W73A(CA) 36"X36" W9-1R 36"X36" W74(CA) 36"X36" &:/0 BIKE LANE W81(CA) 12"X8" [ RIGHT LANE MUST lURN RIGHT R3-7 36"X36" W81 B(CA) 8"X5" l NOT TO SCALE DIRECTION OF TRAVEL 2' I ~~ 22' 4" WHITE STRIPE "AS BUil T" P.E. __ _ EXP. ___ _ DATE REVIEWED BY: INSPECTOR DATE t----+---t----------------i-------i-----i-------i--. LQU ciTErlN~rNG ~~~~~N~AD ~ ~ IMPROVEMENT PLANS FOR: 2023 SLURRY SEAL PROJECT ROW TITLE SHEET APPROVED:THOMAS FRANK fu,i,i,,s fr/MJ: 4/10/2024 CITY ENGINEER RCE 49070 EXP.9/30/24 DATE /10/2024 RKZ A ADDED GENERAL NOTE DA TE INITIAL ENGINEER OF WORK REVISION DESCRIPTION DATE INITIAL DATE INITIAL I RVWD BY: 11 PROJECT NO. I DRAWING NO. ,_O_TH_E_R_A~P-PR-0-VA-L-+--C-IT_Y_A~PP_R_O_VA_L_, CHKD BY: ---6001-2355 . 543-3 ---------·----- ::;;; [L r'l a r'l st N a N ' a '-<D <( F z <( ::;;; <( (f) 0.. 0 Cl:'. F <( _J G ;s: 0 0 I -a I a, 1/) r--a, (X) r-z w ::;;; 0 z w ::;; ? _J <( w (f) >-Cl:'. "' :::, _J (f) r'l N 0 N / ;s: 0.. (f) z <( ~ 0 0 <( ~ (f) w 0 > Cl:'. w (f) G z >-LI.. <( Cl:'. 0 0 <( 0 ~ :::, <( I a, 1/) r--a, (X) / <( >-<( 0 0.. ;:::- 0 0 Cl:'. 7 -(f) u.. -<( 0 _J Cl:'. <( 0 / a:, :::, :r: -<( ~ z <( ;;;- / LEGEND: DocuSign Envelope ID: 4D2FE29F-1522-409A-8202-271017DC98DB 6/12/2024 DETAIL A ~ ~ PYRITE A ~ ''= DETAIL C / / :\~ . ~o:s<' \, ~~¥,.;§, ':' 0 ';O Michael Baker \ ~ ~ 5 0 ~ ~· CO~IA TERilACc ST ,;;; ~\ I ;;\ LL ST \ CT. I J.:::0 ,, /~/ 5050 Avenida Encinas Suite 260 ~ INTERNATIONAL Carlsbad, CA 92006 Phone: (760) 476-9193 MBAKERINTL.COM t ~ ,;! IS DETAIL A, INSET 1 : SCALE: 1"=40' ~ ~ c< > ';\ 0 =-"' c< > Ti, ECHO ~ ~ ~ -< ~ "' 0E-'-~ \,. GE-0 . LL C -' -:::---ST LL ~ --- RD, 29 ~ ,•' ./~~ • pOI~ INSET 2 ·-=~~-~ -~c»<<O"",;...£-= .. ·-~-· AY£Nll PiR!Ncos ~ MARCA , SP BP BP CONSTRUCTION NOTES GALINA @ INSTALL 4" DOUBLE YELLOW CENTER LINE PER CA MUTCD, DET 22. @INSTALL 4" MEDIAN ISLAND PER CA MUTCD, DET 29. @) INSTALL CHANNELIZING LINE PER CA MUTCD, DET 38. @) INST ALL SPEED CUSH ION MARK I NGS PER DETAIL "H" ON SHEET 1 . @) INSTALL "HUMP" PAVEMENT LEGEND (THERMOPLASTIC). @INSTALL TYPE IV ARROW (LEFT) PER CALTRANS STD PLAN A24A. @INTALL TYPE IV ARROW (RIGHT) PER CALTRANS STD PLAN A24A. @ INSTALL 12" THERMOPLASTIC WHITE LIMIT LINE. @) INSTALL SPEED PAVEMENT LEGEND ("25" UNLESS OTHERWISE NOTED) (THERMOPLASTIC). @ INST ALL "STOP" PAVEMENT LEGEND (THERMOPLASTIC) , @ INST ALL CONT I NENT AL CROSSWALK ( WH !TE) , SEE DETAIL "B" ON SHEET 1 . @INSTALL CONTINENTAL CROSSWALK (YELLOW), SEE DETAIL "B" ON SHEET 1. @) INSTALL "YIELD" PAVEMENT LEGEND (THERMOPLASTICS). @ INSTALL WHITE YIELD LINE PER CALTRANS STD PLAN A24G. ----- DETAIL A, INSET 2: SCALE: 1 "=40' 5 ~ 0 .,, i 29 MILL AND OVERLAY SLURRY SEAL CRACK SEAL DETAIL B 11 I I SLATER I 1i' \ h- GATEWAY RD. tl "' ~~-GATEWAY ~ w DISC01£RY RD. INGLETON A VE ~"llili,,D RD DOGWOOD RD. . 0 r ' 400 200 0 400 800 1200 1-~t----1~~~1 I SCALE: 1 "=400 ' "AS BUil T" P.E, __ _ EXP. ___ _ DATE REVIEWED BY: INSPECTOR DATE t----+---t--------------i----i---i----i--. LQU ciTErlN~rNG ~~~~~N~AD ~ ~ IMPROVEMENT PLANS FOR: 2023 SLURRY SEAL PROJECT ROW SIGNING & STRIPING PLANS APPROVED:THOMAS FRANK fu111<1,I fr...J.: 4/10/2024 CITY ENGINEER RCE 49070 EXP.9/30/24 DATE /10/2024 RKZ A REMOVED PROPOSED STRIPING DA TE INITIAL ENGINEER OF WORK REVISION DESCRIPTION DATE INITIAL DATE INITIAL I RVWD BY: 11 PROJECT NO. I DRAWING NO. ,_O_TH_E_R_A~P-PR-0-VA-L-+--C-IT_Y_A~PP_R_O_VA_L_, CHKD BY: ---6001-2355 . 543-3 ---------·----- :::;; <( LO 0 .. - :r: <( ..., _J w <i "' "' <( m ~ 0 0 0.. I r--- 0 I a, LO r---a, (X) r-z w :a: 0 z w ::;; ? _J <( w (/) >-"' "' :::, _J (/) t'l N 0 N / ~ 0.. (/) z <( ~ 0 0 <( ~ (/) w 0 > "' w (/) (!) z c-u.. <( a:: 0 0 <( 0 ~ :::, <( I a, LO r---a, (X) / <( r- <( 0 0.. ;:::- 0 0 "' 7 -(/) u.. -<( 0 _J "' <( 0 / m :::, :r: -<( ~ z <( ;;;- / LEGEND: DocuSign Envelope ID: 4D2FE29F-1522-409A-8202-271017DC98DB 6/12/2024Michael Baker INTERNATIONAL \ TYP 63 d;, 5050 Avenida Encinas Suite 260 Carlsbad, CA 92006 Phone: (760) 476-9193 MBAKERINTL.COM I 52 --------=::J -' 436' 39 CONSTRUCTION NOTES @ INST ALL 4" LANE LI NE PER CA MUTCD , DET 12 . @ INSTALL 4" DOUBLE YELLOW CENTER LINE PER CA MUTCD, DET 22. @ INSTALL 4" MEDI AN ISLAND PER CA MUTCD, DET 29 . @) INSTALL CHANNELIZING LINE PER CA MUTCD, DET 38. @) INSTALL BIKE LANE LINE PER CA MUTCD, DET 39. §INSTALL BIKE LANE INTERSECTION LINE PER CA MUTCD, DET 39A. @ INSTALL HELMETED BICYCLIST SYMBOL AND ARROW PER CA MUTCD FIGURE 9C-3 (OPTION B) AND DETAIL "A" ON SHEET 1. SPACE MARKINGS APPROXIMATELY 300' FROM EACH OTHER. @ PAINT GREEN BIKE LANE. DIMENSIONS PER PLAN. @) INSTALL GREEN BIKE LANE SKIP PER DETAIL "E" ON SHEET 1. @ INSTALL GREEN BIKE LANE SKIP PER DETAIL "C" ON SHEET 1. @ INSTALL 12" THERMOPLASTIC WHITE 45-DEGREE HATCHING AT 45' SPACING. @) INST ALL "AHEAD" PAVEMENT LEGEND (THERMOPLASTIC) , @) INSTALL SIGN(S) AND POST IF REQUIRED AS NOTED. @INSTALL TYPE IV ARROW (LEFT) PER CALTRANS STD PLAN A24A. @INTALL TYPE IV ARROW (RIGHT) PER CALTRANS STD PLAN A24A. @ INSTALL 12" THERMOPLASTIC WHITE LIMIT LINE. @ REMOVE EXISTING TRAFFIC STRIPING, MARKINGS, AND ARROWS BY GRINDING. INCLUDING RAISED PAVEMENT MARKERS. @ INSTALL "SIGNAL" PAVEMENT LEGEND (THERMOPLASTIC), @INSTALL TYPE VI ARROW (LEFT) PER CALTRANS STD PLAN A24A. @ INSTALL CONTINENTAL CROSSWALK (WHITE), SEE DETAIL "B" ON SHEET 1. ~ ~ ( 12') 12' <l --R/C - 167' ----------\ 90' BAY TAPE EXISTING SIGN (ONE POST) NEW SIGN EXISTING WIDTH PROPOSED WIDTH MATCH EXISTING STRIPING/END PROPOSED STRIPING PROPOSED RED CURB LIMITS OF SLURRY SEAL. GRIND ALL EXISTING TRAFFIC STRIPING, MARKING, OR ARROW WITHIN LIMITS, INCLUDING RAISED PAVEMENT MARKERS. 167' ----____, 52 -- R3-7R IS I 220' - -10' 10' fa· 10' I I I I I I I I I /&, ADDDED RIGHT TURN LANE -1 (R) 10' =--10' 8' a· TYP 63 '-11.5'X120' -BAY TAPE . "AS BUil T" P.E. __ _ EXP. ___ _ REVIEWED BY: INSPECTOR l---+---+--------------+----+---+----+----1 ~ crTErlN~rNG ~~~~~N~AD 1-----1------1------------------l------1-----1-----l------1 IMPROVEMENT PLANS FOR: 2023 SLURRY SEAL PROJECT EL FUERTE ST DATE DATE ~ ~ l-----1------l------------------l------1-----1-----l------1 ~R=O=W=======S=IG::::N::::IN::::G::::::=&::::S:::T:::::R:::::IP::::IN=G=P=L=A=NS=======: APPROVED:THOMAS FRANK 40 20 0 40 80 120 itu,111ttl fr<'JAk. 4/10/2024 l~___,~--I _ ___JI-----1I SCALE: 1 "=40 ' /10/2024 RKZ DA TE INITIAL ENGINEER OF WORK CITY ENGINEER RCE 49070 EXP.9/30/24 DATE A ADDED RIGHT TURN LANE REVISION DESCRIPTION ....._D_ATE_~IN_ITI_A_L__,__DA_TE_~IN_ITI_A_L_, I RVWD BY: ---11 PROJECT NO. I DRAWING NO. OTHER APPROVAL CITY APPROVAL CHKD BY: ....._ __ 6_00_1_-2_355 ___ _..L _5_4_3_-_3___, ..,. N 0 N '-a '-<D :r: ..,: --, _J w <i (l:'. (l:'. ..,: IIl ~ 0 0 o_ I a, I a, LO r--0, (X) r-z w :a: 0 z w :a: ? _J ..,: w (/) >-(}:'. (l:'. :::, _J (/) "' N 0 N / ~ o_ (/) z ..,: ~ 0 0 ..,: ~ (/) w 0 > (l:'. w (/) (!) z f-"-..,: (l:'. 0 0 ..,: 0 ~ :::, ..,: I a, LO r-- 0, (X) / ..,: >-..,: 0 o_ ;:::- 0 0 (l:'. 7 -(/) "- -..,: 0 _J (l:'. ..,: 0 / IIl :::, :r: -..,: ~ z ..,: ;;;- / LEGEND: DocuSign Envelope ID: 4D2FE29F-1522-409A-8202-271017DC98DB 6/12/2024 - 200· 39 52 go• TRANSITION 1 ' W ' BAY TAPER: I 63TYP 73A(CA) 120· TRANSITION Michael Baker INTERNATIONAL AH 5050 Avenida Encinas Suite 260 Carlsbad, CA 92006 Phone: (760) 476-9193 MBAKERINTL.COM 8' 9' l"' 10' 10· 10' 10· 7' H --- 8' 9' 10' - 8' ,3.5' 10' CONSTRUCTION NOTES @ INST ALL 4 • LANE LI NE PER CA MUTCD , DET 12 . t! ~ I= w "' z -~3 @ INSTALL 4" DOUBLE YELLOW CENTER LINE PER CA MUTCD, DET 22. @ INSTALL 4• MEDIAN ISLAND PER CA MUTCD, DET 29. @INSTALL 4" LANE LINE PER CA MUTCD, DET 378. @) INST ALL CHANNELIZING LI NE PER CA MUTCD, DET 38. @) INSTALL BI KE LANE LI NE PER CA MUTCD, DET 39 . I I I I I I I I I I '+ 11111111 11111111 10' 10' 1111111 11111111 ~ I I I 200' SHIFT TAPER 52 - Q' V IS 3-7(R) f ;;;a>i--J~f-=-r.=;:=;;ac1=/l=/·==-l-·¥~-5 - 2==~ -~,, _'. ~" _ 10' 10' 9' 8' ~~ -225'22 @ INSTALL HELMETED BICYCLIST SYMBOL AND ARROW PER CA MUTCD FIGURE 9C-3 (OPTION B) AND DETAIL "A" ON SHEET 1. SPACE MARKINGS APPROXIMATELY 300' FROM EACH OTHER. @1) PAINT GREEN BIKE LANE. DIMENSIONS PER PLAN. @) INSTALL GREEN BIKE LANE SKIP PER DETAIL "E" ON SHEET 1. @ INSTALL 12• THERMOPLASTIC WHITE 45-DEGREE HATCHING AT 35' SPACING. @) INSTALL GREEN BIKE LANE SKIP PER DETAIL "C" ON SHEET 1. ► ► ( 12') 12' EXISTING SIGN (ONE POST) NEW SIGN EXISTING WIDTH PROPOSED WIDTH - EL FUERTE ST 8' 9' 10' 1_9~ 16' 4-4 EL FUERTE ST 52 90 BAY TAPE /& ADDDED RIGHT TURN LANE 8' 9' 8' 9' 10' 10' 10· g' 8' 6' -s' \ ~ 39127' ~'3 38129 Q 63TYP (P 122' 39 \n ~ \ N i ~ ' (/) I w ,Z -~ ~ '< ,~ "AS BUil T" P.E. __ _ EXP, ___ _ DATE REVIEWED BY: INSPECTOR DATE @) INSTALL SHARED ROADWAY BICYCLE MARKING WITH GREEN PAINT PER DETAIL "E" ON SHEET 1. @ INSTALL 12• THERMOPLASTIC WHITE 45-DEGREE HATCHING AT 45' SPACING. @) INST ALL "AHEAD• PAVEMENT LEGEND (THERMOPLASTIC) , @) INST ALL SIGN ( S) AND POST IF REQUIRED AS NOTED . <] --R/C MATCH EXISTING STRIPING/END PROPOSED STRIPING PROPOSED RED CURB t----+---+--------------+---+---+---+-----t ~ ciTErlN~rNG ~~~~~N~AD ~ ~ @INSTALL TYPE IV ARROW (LEFT) PER CALTRANS STD PLAN A24A. @INTALL TYPE IV ARROW (RIGHT) PER CALTRANS STD PLAN A24A. @ INSTALL 12• THERMOPLASTIC WHITE LIMIT LINE. @ REMOVE EXISTING TRAFFIC STRIPING, MARKINGS, AND ARROWS BY GRINDING. INCLUDING RAISED PAVEMENT MARKERS. @) INSTALL "SIGNAL" PAVEMENT LEGEND (THERMOPLASTIC), @INSTALL TYPE VI ARROW (LEFT) PER CALTRANS STD PLAN A24A. @) INSTALL CONTINENTAL CROSSWALK (WHITE), SEE DETAIL "B" ON SHEET 1. -LIMITS OF SLURRY SEAL. GRIND ALL EXISTING TRAFFIC STRIPING, MARKING, OR ARROW WITHIN LIMITS, INCLUDING RAISED PAVEMENT MARKERS. 40 20 0 40 80 120 1-~,----1 __ 1-------11 SCALE: 1 "=40 ' /10/2024 RKZ DA TE INITIAL ENGINEER OF WORK A ADDED RIGHT TURN LANE REVISION DESCRIPTION IMPROVEMENT PLANS FOR: ROW 2023 SLURRY SEAL PROJECT EL FUERTE ST SIGNING & STRIPING PLANS APPROVED:THOMAS FRANK t/,.;,111t1.I fr~ 4/10/2024 CITY ENGINEER RCE 49070 EXP.9/30/24 DATE DATE INITIAL DATE INITIAL I RVWD BY: 11 PROJECT NO. I DRAWING NO. ._O_TH_E_R_A~P-PR-0-VA-L-+--C-IT_Y_A~PP_R_OV_A_L .... CHKD BY: ---~---600_1_-_2355 ___ ~-• _5_4_3_-_3~ :r: <( --, _J w <i a:: a:: <( m ~ 0 0 (L I N N I a, LO r--a, (X) >-z w :a: 0 z w :a: ? _J <( w (/) >-a:: a:: :::, _J (/) "' N 0 N / ~ (L (/) z <( ~ 0 0 <( ~ (/) w 0 > a:: w (/) '-' z >-"-<( a:: 0 0 <( 0 ~ :::, <( I a, LO r--a, (X) / <( >-<( 0 (L ;:::- 0 0 a:: 7 -(/) "--<( 0 _J a:: <( 0 / m :::, :r: -<( ~ z <( ;;;- / Revised 6/15/17 Contract No. 6001-22E Page 45 of 136 GENERAL PROVISIONS FOR 2023 SLURRY SEAL PROJECT CONTRACT NO. 6001-23SS 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. 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. Revised 6/15/17 Contract No. 6001-22E Page 46 of 136 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 the Agency, the permittee shall be constructed to be the Contractor. The term “prime contractor” shall mean Contractor. Revised 6/15/17 Contract No. 6001-22E Page 47 of 136 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. Revised 6/15/17 Contract No. 6001-22E Page 48 of 136 Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person – Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans – The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract – Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector – The Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal – See Bid. Reference Specifications – Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway – The portion of a street reserved for vehicular use. Service Connection – Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer – Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications – General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard – The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. 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. Revised 6/15/17 Contract No. 6001-22E Page 49 of 136 Storm Drain – Any conduit and appurtenances intended for the reception and transfer of storm water. Street – Any road, highway, parkway, freeway, alley, walk, or way. Subbase – A layer of specified material of planned thickness between a base and the subgrade. Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade – For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision – Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement – A written amendment of the Contract Documents signed by both parties. Supplemental Provisions – Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety – Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne – Also referred to as “metric ton”. Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility – Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work – That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 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. Revised 6/15/17 Contract No. 6001-22E Page 50 of 136 1-3.2 Common Usage Abbreviation Word or Words ABAN .............................................................Abandon ABAND .......................................................Abandoned ABS ........................ Acrylonitrile – butadiene – styrene AC .................................................... Asphalt Concrete ACP ........................................... Asbestos cement pipe ACWS ..................... Asphalt concrete wearing surface ALT ................................................................Alternate APTS ................................. Apartment and Apartments AMER STD ................................... American Standard AWG ............... American Wire Gage (nonferrous wire) BC .................................................. Beginning of curve BCR ....................................... Beginning of curb return BDRY ............................................................Boundary BF ..................................................... Bottom of footing BLDG ........................................ Building and Buildings BM ............................................................. Bench mark BVC .................................... Beginning of vertical curve B/W ........................................................... Back of wall C/C ..................................................... Center to center CAB ...................................... Crushed aggregate base CAL/OSHA ............ California Occupational Safety and Health Administration CalTrans ....... California Department of Transportation CAP .................................... Corrugated aluminum pipe CB ............................................................. Catch Basin Cb ........................................................................ Curb CBP ............................... Catch Basin Connection Pipe CBR ....................................... California Bearing Ratio CCR ............................ California Code of Regulations CCTV ............................................... Closed Circuit TV CES .......................... Carlsbad Engineering Standards CF ................................................................ Curb face CF ................................................................ Cubic foot C&G .................................................... Curb and gutter 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 D .............................................................. 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 DWY .............................................................. Driveway DWY APPR ................................... Driveway approach E ....................................................................... Electric EA ........................................................................ Each EC ............................................................ End of curve ECR ................................................ End of curb return EF ................................................................ Each face EG ......................................................... Edge of gutter EGL .................................................. Energy grade line EI ................................................................... 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 F .................................................................. 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 FTG .................................................................. Footing FW ............................................................ Face of wall G ........................................................................... 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 Revised 6/15/17 Contract No. 6001-22E Page 51 of 136 H ............................................................ 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 IE ......................................................... Invert Elevation ID ........................................................ Inside diameter INCL ...............................................................Including INSP .............................................................Inspection INV ...................................................................... Invert IP .................................................................... Iron pipe JC ..................................................... Junction chamber JCT .................................................................Junction JS ..................................................... Junction structure JT ......................................................................... Joint L ........................................................................ 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 MAINT ..................................................... Maintenance MAX ............................................................. Maximum MCR ............................................ Middle of curb return MEAS ............................................................. Measure MH ................................... Manhole, maintenance hole MIL SPEC .................................... Military specification MISC ..................................................... Miscellaneous MOD ................................................... Modified, modify 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/W ....................................... Private right-of-way Q ........................ Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius R&O ......................................................... Rock and oil R/W .......................................................... 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 RTE .................................... Registered traffic engineer S .................................... 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 ST HWY ................................................ State highway STA ................................................................... Station STD ............................................................... Standard STR ..................................................................Straight STR GR ................................................ Straight grade STRUC .......................................... Structural/Structure SW .................................................................Sidewalk SWD ...................................................... Sidewalk drain SY ............................................................ Square yard Revised 6/15/17 Contract No. 6001-22E Page 52 of 136 T .................................................................. Telephone TAN ................................................................. Tangent TC .............................................................. Top of curb TEL ............................................................. Telephone TF ........................................................... Top of footing TOPO ........................................................ Topography TR ........................................................................ Tract TRANS ......................................................... Transition TS ......................... 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 VWD ....................................... Vallecitos Water District W ........................ 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 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters’ Laboratories Inc. USGS United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) ....................................................................................25.4 micrometer (m) 1 inch (in) ..............................................................................................25.4 millimeter (mm) 1 inch (in) ..............................................................................................2.54 centimeter (cm) 1 foot (ft) ................................................................................................0.3048 meter (m) Revised 6/15/17 Contract No. 6001-22E Page 53 of 136 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]/s) ...............................................1.3558 Watt (W) 1 part per million (ppm) .........................................................................1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 °C = (°F – 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (lm) 1 second (s) Common Metric Prefixes kilo (k) 103 centi (c) 10-2 milli (m) 10-3 micro () 10-6 nano (n) 10-9 pico (p) 10-12 1-5 SYMBOLS Delta, the central angle or angle between tangents Angle % Percent ‘ Feet or minutes “ Inches or seconds 1 Number / per or (between words) ° Degree PL Property line CL Centerline SL Survey line or station line Revised 6/15/2017 Contract No. 6001-23SS Page 54 of 136 SECTION 2 – SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: “(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.” “(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. Revised 6/15/2017 Contract No. 6001-23SS Page 55 of 136 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract, and the amount of any such “Specialty Items” so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted 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. Revised 6/15/2017 Contract No. 6001-23SS Page 56 of 136 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1. An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The construction plans consist of one set. The plan set is designated as City of Carlsbad Drawing No. 526-8 and consists of 24 sheets. The specifications for the work include the General Provisions, Supplemental Provisions, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Revised 6/15/2017 Contract No. 6001-23SS Page 57 of 136 The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1. Permits from other agencies as may be required by law. 2. Change orders, whichever occurs last. 3. Contract addenda, whichever occurs last. 4. Contract. 5. Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6. Plans. 7. Standards plans. a. City of Carlsbad Standard Drawings. b. Carlsbad Municipal Water District Standard Drawings. c. City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d. California Manual on Uniform Traffic Control Devices latest edition (CA MUTCD). e. San Diego Area Regional Standard Drawings. f. State of California Department of Transportation Standard Plans. g. State of California Department of Transportation Standard Specifications. 8. Standard Specifications for Public Works Construction, as amended. 9. Reference Specifications. 10. Manufacturer’s Installation Recommendations. Detail drawings shall take precedence over general drawings. Plan details shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor’s expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Revised 6/15/2017 Contract No. 6001-23SS Page 58 of 136 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. Revised 6/15/2017 Contract No. 6001-23SS Page 59 of 136 Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Number Title Subject 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 Facilities Polyethylene Liner Installation 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of 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, Revised 6/15/2017 Contract No. 6001-23SS Page 60 of 136 street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 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 (e.g, where cold milling, a surveyor’s street and property line monument, not scheduled for removal, shall be protected). Any ties, monuments and benchmarks which are distorted or destroyed without the City's permission shall be reestablished and replaced after construction at the Contractor's expense. The Contractor and his sureties shall be liable, at Contractor's expense, for any resurvey required due to his negligence in protecting existing ties, monuments, benchmarks or any such horizontal and vertical controls. Survey Monument Field Search: In accordance with Section §§ 8771 of the Business and Professions Code, the contractor will be required to hire a licensed land surveyor to inspect the project limits and identify all survey monuments found. The project shall be inspected following the City's notice to proceed and prior to beginning construction. The contractor's surveyor shall submit to the City a letter stating that "a reasonable and diligent field search was conducted" and list the monuments found. The letter Revised 6/15/2017 Contract No. 6001-23SS Page 61 of 136 shall be submitted to the City prior to construction. Payment for the survey monument field search shall be paid at the lump sum contract bid price. Setting Reference Ties and Pre-Construction Corner Record: In accordance with Section §§ 8771 of the Business and Professions Code, the contractor will be required to hire a licensed land surveyor to tie out monumentation scheduled for disturbance/ affected by the project prior to commencement of construction and require the land surveyor to file corner records with the County Surveyor as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. . Tie-Out and Re-establishing Survey Monuments and Post-Construction Corner Record: In accordance with Section §§ 8771 of the Business and Professions Code, the contractor will be required to hire a licensed land surveyor to re-establish any such monuments damaged or destroyed during construction and file corner records with the County Surveyor after replacement. The City shall determine which monuments found and listed in the contractor's surveyor's letter are to be tied out and re-established. Payment will be made at the contract bid price for Each monument tied-out and re-established (tying-out and re-establishing is considered a combined unit of work for each monument). Upon completion of the project, a Notice of Completion shall not be filed until the monuments have been restored and corner records filed to the satisfaction of the County Surveyor. 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 licensed land Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.3 Payment for Survey. Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. Revised 6/15/2017 Contract No. 6001-23SS Page 62 of 136 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors’ performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of 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 Revised 6/15/2017 Contract No. 6001-23SS Page 63 of 136 ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. Revised 6/15/2017 Contract No. 6001-23SS Page 64 of 136 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. 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. Revised 6/15/2017 Contract No. 6001-23SS Page 65 of 136 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as “extra work” when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. Revised 6/15/2017 Contract No. 6001-23SS Page 66 of 136 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the “Labor Surcharge and Equipment Rental Rates” published by 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. Revised 6/15/2017 Contract No. 6001-23SS Page 67 of 136 The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1. Labor .............................................. 20 2. Materials ......................................... 15 3. Equipment Rental ........................... 15 4. Other Items and Expenditures ........ 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. 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: Revised 6/15/2017 Contract No. 6001-23SS Page 68 of 136 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class 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. Revised 6/15/2017 Contract No. 6001-23SS Page 69 of 136 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 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. Revised 6/15/2017 Contract No. 6001-23SS Page 70 of 136 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. (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. Revised 6/15/2017 Contract No. 6001-23SS Page 71 of 136 (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. (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 Revised 6/15/2017 Contract No. 6001-23SS Page 72 of 136 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. (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. Revised 6/15/2017 Contract No. 6001-23SS Page 73 of 136 (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. This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 Revised 6/15/2017 Contract No. 6001-23SS Page 74 of 136 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. 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. Revised 6/15/2017 Contract No. 6001-23SS Page 75 of 136 SECTION 4 – CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1 General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer’s approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Revised 6/15/2017 Contract No. 6001-23SS Page 76 of 136 Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor’s responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after Revised 6/15/2017 Contract No. 6001-23SS Page 77 of 136 improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Compaction or any tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. If the Contractor chooses to dispute the Agency’s test results, the Contractor shall conduct additional testing of their own, at no additional cost to the Agency. The additional testing shall be done by a third-party certified testing lab agreed upon by the Agency and the Contractor, and at project locations selected by the Agency. Testing and sampling shall be conducted in the presence of the Engineer or designee. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer’s written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. If the Contractor wishes to use any different products, materials or methods other than those specified in this contract, the Contractor shall submit those in a Request for Information (RFI) form for consideration by the City during the advertisement period only. If the Contractor wishes to use any different products, materials or methods after the contract has been awarded, the City has sole discretion whether to consider them. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer’s findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. Revised 6/15/2017 Contract No. 6001-23SS Page 78 of 136 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 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 Revised 6/15/2017 Contract No. 6001-23SS Page 79 of 136 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 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 Revised 6/15/2017 Contract No. 6001-23SS Page 80 of 136 shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. Revised 6/15/2017 Contract No. 6001-23SS Page 81 of 136 SECTION 5 – UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2-inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2-inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. 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 Revised 6/15/2017 Contract No. 6001-23SS Page 82 of 136 protection system is exposed or damaged by the Contractor’s operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2012 Edition, and the supplements thereto. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with Revised 6/15/2017 Contract No. 6001-23SS Page 83 of 136 the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor’s actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. Revised 6/15/2017 Contract No. 6001-23SS Page 84 of 136 SECTION 6 – PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within seven (7) calendar days after receipt of the "Notice to Proceed". 6-1.1 Preconstruction 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. A technical representative for the Warm Mix Asphalt (WMA) additive technology must attend the Preconstruction Meeting should WMA be used. 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 Revised 6/15/2017 Contract No. 6001-23SS Page 85 of 136 tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer. The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the Preconstruction Meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. Revised 6/15/2017 Contract No. 6001-23SS Page 86 of 136 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. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Revised 6/15/2017 Contract No. 6001-23SS Page 87 of 136 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 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 Revised 6/15/2017 Contract No. 6001-23SS Page 88 of 136 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 therefor. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor’s Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. Sequence The Contractor may not work on the following collector/ arterial streets at the same time (unless approved by the Engineer), • El Camino Real between Levante Street and Olivenhain Road & Calle Barcelona between the Encinitas city limit and Calle Acervo • Rancho Sante Fe Road between Camino Alvaro and Calle Barcelona & Calle Barcelona between the Encinitas city limit and Calle Acervo • El Fuerte Street between Palomar Airport Road and the end of the street & Bressi Ranch Way between El Fuerte Street and Paradise Road. The Contractor must substantially complete all of the work associated with a resurfacing (including completion of all signing/ striping) before it may begin work on another subsequent collector/ arterial street segment, unless approved by the Engineer. Substantial completion of all work will be determined by the Engineer and includes the completion of all asphalt, slurry, the last coat striping (including thermoplastic), and any additional/ applicable signage so that the road segment may be utilized as intended. Please also refer to Subsection 314-4 of these Special Provisions regarding final steps in regard to the completion of work. Once the Contractor has begun construction on a collector/ arterial road segment, the Contractor must work continuously (excluding non-working days and holidays) to complete the collector/ arterial road segment. 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. Revised 6/15/2017 Contract No. 6001-23SS Page 89 of 136 6-2.3 Project Meetings. The Engineer will establish the time and location of Project Meetings whenever necessary. The Contractor’s Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, “The Contractor’s Representative”. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency’s interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. 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 Revised 6/15/2017 Contract No. 6001-23SS Page 90 of 136 premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and the approved construction schedule. 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 Revised 6/15/2017 Contract No. 6001-23SS Page 91 of 136 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. Placement of slurry seal shall not begin before April 1, 2024, unless Contractor receives written approval from the Engineer. Contractor’s bid costs for placement of slurry seal must remain firm from the bid opening date through completion of the Project, excluding increases for work that would otherwise qualify as a Changed Condition (Section 3-4) or Change Order unrelated to the April 1, 2024, date restriction on which placement of slurry seal may occur on the Project. 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. Working days shall include all Work associated with the project, including the submittals review period and final punch list process. The time of completion of the Contract shall be expressed working days. The Contractor shall diligently prosecute the work to completion within ninety (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: 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. Work on the collector/ arterial streets, and streets that are adjacent to commercial centers, as a part of this project, shall be limited to between the hours of 3:00 a.m. to 11:00 a.m. on a Sunday morning, excluding Agency holidays. Work on residential streets shall be during the weekdays 7:30 a.m. to 4:30 p.m, excluding Agency holidays. Work on any road that is either adjacent to a school, or connected to a school, shall occur on weekends 8:30 a.m. to 4:00 p.m. or during a school break to avoid school traffic. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours such as work on collector/ arterial streets and streets adjacent to commercial centers at any time during the weekdays and/ or on holidays, or work on residential streets at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall submit a schedule including a daily Revised 6/15/2017 Contract No. 6001-23SS Page 92 of 136 work plan to the Engineer reflecting the specified working hours and approved traffic control plan. If the Contractor proposes to perform any night work, no additional compensation will be provided. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor’s written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor’s sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five thousand dollars ($5,000). Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that five thousand dollars ($5,000) per day is the minimum value of costs and actual damaged caused by Revised 6/15/2017 Contract No. 6001-23SS Page 93 of 136 the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. With respect to the public right-of-way, failure of the Contractor to restore and open all travel lanes within designated working hours shall result in damages being sustained by the Agency. For every 15-minute increment (or portion of time thereof) beyond the hours of work stated in the Contract Documents or superseded by the approved traffic control plans, the Contractor shall pay to the Agency, or have monies due to it, the sum of two thousand five hundred dollars ($2,500). Such sum is liquidated damages and shall not be construed as a penalty and will be deducted from monthly progress payments due the Contractor if such delay occurs. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. Revised 6/15/2017 Contract No. 6001-23SS Page 94 of 136 SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor’s attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor’s Bid. 7-4 WORKERS’ COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Revised 6/15/2017 Contract No. 6001-23SS Page 95 of 136 The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein, the Contractor will obtain, at no cost to the Contractor, all City of Carlsbad encroachment, right-of-way, grading, and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. For work within the City of Encinitas (e.g., along El Camino Real), the Contractor will be required to pay for and obtain all necessary permits from the City of Encinitas for construction improvements in their jurisdiction at no cost to the City of Carlsbad (see Appendix A). 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 therefor. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. No Resource agency permits are required for the work. 7-6 THE CONTRACTOR’S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor’s representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. Revised 6/15/2017 Contract No. 6001-23SS Page 96 of 136 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. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. Starting the day after the application of the slurry seal, the contractor shall sweep the slurry-sealed streets for three (3) consecutive days using a self-loading motor sweeper with spray nozzles. One week later, contractor shall sweep the slurry-sealed streets once per week for two weeks. The Engineer has the authority to require more sweeping than specified herein. All sweeping costs shall be included in the Contractor’s Bid. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor’s Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Revised 6/15/2017 Contract No. 6001-23SS Page 97 of 136 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 therefor. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 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 2022-0057-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 Revised 6/15/2017 Contract No. 6001-23SS Page 98 of 136 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. Temporary Drainage Inlet Protection: Temporary drainage inlet protection shall be constructed, maintained, and removed at drainage inlets as required downstream of the project boundaries and within the project limits. Temporary drainage inlet protection shall be one of the water pollution control practices for sediment control. Under no circumstances shall construction runoff enter the storm drain system without adequate controls in place to capture and trap sediment. Throughout the duration of the project the Contractor shall provide protection to meet the changing conditions around each drainage inlet. Temporary drainage inlet protection shall be installed such that ponded runoff does not encroach on the traveled way or overtop the curb. Gravel-filled bags shall be placed to control ponding and prevent runoff from overtopping the curb. Temporary drainage inlet protection shall be maintained to provide sediment holding capacity. Temporary drainage inlet protection shall be repaired or replaced as needed. Sediment deposits, trash, and debris shall be removed and hauled away as needed or when directed by the project inspector. Removed sediment shall be deposited within the project limits so that the sediment is not subject to erosion by wind or by water. Trash and debris shall be removed and hauled offsite. Gravel-filled bags shall be replaced when the bag material ruptures or when the binding fails. Geotextile fabric shall be removed and replaced when torn. The fabric shall also be replaced with clean fabric when odors from stagnant, ponded water are present. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor’s operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. Revised 6/15/2017 Contract No. 6001-23SS Page 99 of 136 The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor’s operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work as per an approved Traffic Control Plan. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The work shall be conducted by the Contractor in a manner to provide a satisfactory surface for traffic. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Management at 760-929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 feet distance from their homes or businesses. Public Notification of Work: See Section 302-4.4 “Public Convenience and Traffic Control” for details about the notification letter to residences and businesses which is required to be mailed at least 2 weeks prior to the work. In addition to the two-week notification letter, a 72-hr notification door hanger shall be given to all residences and businesses on the affected streets at least 72 hours prior to resurfacing. Seventy-two (72) hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification Revised 6/15/2017 Contract No. 6001-23SS Page 100 of 136 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 points. An example of such notice is provided in these Special Provisions. In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering “signs” as set forth in the Revised 6/15/2017 Contract No. 6001-23SS Page 101 of 136 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 latest edition (FHWA MUTCD as amended for use in California, latest version) 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-five 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 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering “signs” as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices latest edition (FHWA MUTCD as amended for use in California, latest version) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint Revised 6/15/2017 Contract No. 6001-23SS Page 102 of 136 shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 7” long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 6’ of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25’ intervals to a point not less than 25’ past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall maintain a safe buffer distance from any traffic lane occupied by traffic. The Contractor’s equipment shall maintain a safe distance from any traffic or pedestrians. A minimum of one (1) paved traffic lane, not less than 12’ wide, shall remain open and unobstructed for use by public traffic in each direction of travel at all times. If this is not possible due to road width constraints in certain areas, the Contractor shall submit a separate, additional and specific traffic control plan to the Engineer for review and approval prior to implementation. For the cold-mill and overlay project limits, the contractor shall pave all cold-milled areas within the same workday. The contractor shall not allow public traffic to drive on the cold-milled surface. See Section 6-7 for details on working hours and traffic control. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices latest edition (FHWA MUTCD as amended for use in California, latest version) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be 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 Revised 6/15/2017 Contract No. 6001-23SS Page 103 of 136 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 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. 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 published Revised 6/15/2017 Contract No. 6001-23SS Page 104 of 136 by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer’s sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall prepare “Traffic Control and Detour Plans” at the contract lump sum price bid and shall include any revisions necessary. The contract lump sum price paid for "Traffic Control Plan Implementation" 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 thereof. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control Plan Implementation." 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 thereof. Progress payments for "Traffic Control Plan Implementation" will be based on the percentage of the improvement work completed. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided or required by law. Revised 6/15/2017 Contract No. 6001-23SS Page 105 of 136 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor’s submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. Revised 6/15/2017 Contract No. 6001-23SS Page 106 of 136 (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR 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.” Revised 6/15/2017 Contract No. 6001-23SS Page 107 of 136 SECTION 8 – FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Facilities are not required for agency personnel. Revised 6/15/2017 Contract No. 6001-23SS Page 108 of 136 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. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it Revised 6/15/2017 Contract No. 6001-23SS Page 109 of 136 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 after the closure date. Five (5) working days following the closure date, the Engineer shall complete Revised 6/15/2017 Contract No. 6001-23SS Page 110 of 136 the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 5 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 5 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of Revised 6/15/2017 Contract No. 6001-23SS Page 111 of 136 the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4.1 Mobilization and Preparatory Work. Payment for Mobilization and preparatory work will be made at the stipulated lump-sum price of $50,000 and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization and Preparatory Work will be allowed. For the second progress Revised 6/15/2017 Contract No. 6001-23SS Page 112 of 136 payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefor. 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. Item No. 1: Mobilization (Stipulated Lump Sum) Mobilization shall be at the stipulated contract unit price per Lump Sum and shall include full compensation for conforming to the requirements of Section 7-10.2 and Section 9-3.4.1, “Mobilization and Preparatory Work,” in these Supplemental Provisions, as specified in the Standard Specifications, and as directed by the Engineer. No additional compensation shall be allowed. Item No. 2: Public Notification of Work (Lump Sum) Public notification of the work shall be at the contract unit price Lump Sum and shall include full compensation for conforming to the requirements of Section 7-10.1 and Section 302-4.7. No additional compensation shall be allowed. Item No. 3: Prepare Water Pollution Control Program (Lump Sum) Preparation of the Water Pollution Control Program documents shall be at the contract unit price Lump Sum and shall include full compensation for conforming to the requirements of Section 7-8.6. No additional compensation shall be allowed. Item No. 4: Temporary Drainage Inlet Protection (Lump Sum) Temporary Drainage Inlet Protection shall be at the contract unit price Lump Sum and shall include full compensation for conforming to the requirements of Section 7-8.6 and Section 7-8.7. This includes, but is not limited to, to the construction, maintenance, and removal of temporary drainage inlet protection at drainage inlets as required downstream of the project boundaries and within the project limits. No additional compensation shall be allowed. Item No. 5: Prepare Traffic Control and Detour Plans (Lump Sum) Preparation of Traffic Control and Detour Plans shall be at the contract price Lump Sum and shall include full compensation for conforming to the requirements of Section 7-10.3, including development of the project traffic control plans and detour plans as well as any revisions as required by the agency. No additional compensation shall be allowed. Item No. 6: Traffic Control Plan Implementation (Lump Sum) Traffic Control Plan Implementation shall be at the contract price per Lump Sum and shall include full compensation for conforming to the requirements of Section 7-10, including development of the project traffic control plan, flagmen, warning signs, changeable message signs, temporary items, maintenance, repair, replacement, removals, all other appurtenances, as shown on the Plans, as specified in the Standard Specifications, these Supplemental Provisions, and as directed by the Engineer. No additional compensation shall be allowed. Item No. 7: Street Sweeping and Dust Control (Lump Sum) Street Sweeping and Dust Control shall be at the contract price per Lump Sum and shall include Revised 6/15/2017 Contract No. 6001-23SS Page 113 of 136 full compensation for conforming to the requirements of Section 7-8 and Section 302-4.8.2.2. This includes, but is not limited to, scheduling street sweeping to occur following slurry sealing on each individual street. No additional compensation shall be allowed. Item No. 8: Clearing and Grubbing, Weed Killing, and Tree Trimming (Lump Sum) Clearing and Grubbing, Weed Killing, and Tree Trimming shall be at the contract price per Lump Sum and shall include full compensation for conforming to the requirements of Section 300-1 and these Special Provisions. No additional compensation shall be allowed. Item No. 9: Survey Monument Field Survey, Set Reference Ties, Pre-Construction Corner Record (Lump Sum) A Survey Monument Field Survey, Setting Reference Ties, and filing a Pre-Construction Corner Record with the County for portions of the work requiring overlay shall be at the contract price per Lump Sum and shall include full compensation for conforming to the requirements of Section 2- 9. No additional compensation shall be allowed. Item No. 10: Tie Out and Re-establish Survey Monuments, Pre-Construction Corner Record (Each) Tying Out and Re-establishing Survey Monuments and filing a Pre-Construction Corner Record with the County for portions of the work requiring overlay shall be at the contract price Each for each monument requiring re-establishment and shall include full compensation for conforming to the requirements of Section 2-9. No additional compensation shall be allowed. Item No. 11: Remove Existing Thermoplastic (Lump Sum) The contract unit price paid for this bid item shall constitute full compensation for the removal of thermoplastic striping conforming to the requirements in Section 314-3. This shall include, but is not limited to, furnishing all labor, materials, equipment, tools and incidentals and for performing all the work complete and accepted in place. No additional compensation shall be allowed. Item No. 12: Cold Mill 2" AC Cold Milling and Disposal of Grindings - For Patching Throughout Project (Square Feet) The contract unit price paid for this bid item shall constitute full compensation for two (2) inches deep asphalt concrete cold milling and disposal of grindings in areas where patching is necessary before slurry sealing; all of which conforming to the requirements in Section 302-15. The area set forth in the bid item is for estimating purposes only and the final quantities will be as measured in the field by the City Inspector. Item No. 13: Cold Mill 1.5" AC and Dispose Grindings - For Overlay (Square Feet) The contract unit price paid for this bid item shall constitute full compensation for 1.5 inches deep asphalt concrete cold milling and disposal of grindings in areas where overlay of new, asphalt concrete is shown on the project Plans; all of which conforming to the requirements in Section 302-15. No additional compensation shall be allowed. Item No. 14: Construct 2" Type III-C3-PG 64-10 AC (WMA Additive Optional) - For Patching Only (Tons) The contract unit price paid for this bid item shall constitute full compensation for two (2) inches deep of asphalt concrete (AC) where patching is necessary before slurry sealing; all of which conforming to the requirements in Section 203-5. Warm mix asphalt (WMA) additive may be used as an option to help facilitate proper compaction requirements. The amount of AC set forth in the bid item is for estimating purposes only and the final quantities will be as measured and calculated in the field by the City Inspector. Revised 6/15/2017 Contract No. 6001-23SS Page 114 of 136 Item No. 15: Construct 1.5" Type III-C3-PG 64-10 AC (WMA Additive Optional) - For Overlay (Tons) The contract unit price paid for this bid item shall constitute full compensation for 1.5 inches deep of asphalt concrete (AC) in areas where overlay is shown on the project Plans; all of which conforming to the requirements in Section 203-5. Warm mix asphalt (WMA) additive may be used as an option to help facilitate proper compaction requirements. No additional compensation shall be allowed. Item No. 16: Crack Seal streets with hot applied crack sealant, crack sealant shall be Elastoflex 670 (Polyskin). DETACK detackifer shall be used on all crack seal immediately following application (Boxes) The contract unit price paid for this bid item shall constitute full compensation for each box of Elastoflex 670 (Polyskin) crack sealant conforming to the requirements of Section 203-10 and Section 302-15 shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work as outlined in these Special Provisions. This bid item shall also include costs for furnishing all labor, tools, equipment, and materials necessary for applying DETACK detackifer on all crack seal immediately following application. The number of boxes of crack seal set forth in the bid item is for estimating purposes only and the final quantities will be accounted for in the field by the City Inspector. Item No. 17: Routing (using Crafco Model 30 or approved equal) as directed by City inspector (Linear Feet) The contract unit price paid for this bid item shall constitute full compensation for routing by linear foot and conforming to the requirements of Section 203-10 and Section 302-15. This bid item shall include, but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work as outlined in these Special Provisions. The amount of routing linear feet set forth in the bid item is for estimating purposes only and the final quantities will be measured in the field by the City Inspector. Item No. 18: Protect Utility Covers, MH, and vaults in place (Lump Sum) The contract unit price paid for this bid item shall constitute full compensation for locating, surveying, and recording locations of all appurtenances in the roadway conforming to the requirements of Section 302-5.8. No additional compensation shall be allowed. Item No. 19: Slurry Seal, Type I-PMCQS-1h-EAS w/2.5% Polymer by Weight of Residual Asphalt (in bike lanes and buffers) (ELT) The contract unit price of extra-long ton (ELT) paid for this bid item shall constitute full compensation for polymer modified, type 1 slurry seal conforming to the requirements of Sections 203-3 and 302-4 of the Standard Specifications, and 203-4 of these Special Provisions. ELT shall be calculated based on only the weight of dry aggregates in the slurry. Payment will be based on licensed weighmaster tickets for dry aggregate delivered to the project, less the Tons of dry aggregate delivered but not used on the project. No additional compensation shall be allowed. Type I slurry seal will be placed in bike lanes and buffers as illustrated on the project Plans and as described in these Special Provisions, Section 302-4.8.2.4. Item No. 20: Slurry Seal, Type II-PMCQS-1h-EAS w/2.5% Polymer by Weight of Residual Asphalt (in travel lanes and turn pockets) (ELT) The contract unit price of extra-long ton (ELT) paid for this bid item shall constitute full compensation for polymer modified, type 2 slurry seal conforming to the requirements of Sections 203-3 and 302-4 of the Standard Specifications, and 203-4 of these Special Provisions, Section Revised 6/15/2017 Contract No. 6001-23SS Page 115 of 136 302-4.8.2.4. ELT shall be calculated based on only the weight of dry aggregates in the slurry. Payment will be based on licensed weighmaster tickets for dry aggregate delivered to the project, less the Tons of dry aggregate delivered but not used on the project. No additional compensation shall be allowed. Type II slurry seal will be placed in vehicular travel lanes as illustrated on the project Plans and as described in these Special Provisions. Item No. 21: Temporary pavement markers (Lump Sum) The contract unit price paid for this bid item shall constitute full compensation to furnish and install temporary pavement markers and in accordance with the plans, contract documents, and in conformance with Sections 214-6 and 315-4. No additional compensation shall be allowed. Item No. 22: Striping, Thermo, and RPMs per Plans and Caltrans Details (Lump Sum) The contract unit price paid for this bid item shall constitute full compensation to furnish and install Striping, Thermo, and RPMs per Plans and Caltrans Details and in accordance with the plans, contract documents, and in conformance with Section 214-4 as well as Section 314-3. This includes, but it not limited to green traffic paint as specified in Section 214-4.3. No additional compensation shall be allowed. Item No. 23: Install Blue fire hydrant reflective pavement markers (Each) The contract unit price paid for this bid item shall constitute full compensation to furnish and install Blue fire hydrant reflective pavement markers in accordance with the plans, contract documents, and in conformance with Section 214-6. The number of blue fire hydrant reflective pavement markers set forth in the bid item is for estimating purposes only and the final quantities will be accounted for in the field by the City Inspector. Item No. 24: Install Red-Yellow left edge line reflective pavement markers (Each) The contract unit price paid for this bid item shall constitute full compensation to furnish and install Red-Yellow reflective pavement markers on edge of traveled way adjacent to curb (where there is no curb and gutter) in accordance with the plans, contract documents, and in conformance with Section 214-6. The number of red-yellow reflective pavement markers set forth in the bid item is for estimating purposes only and the final quantities will be accounted for in the field by the City Inspector. Item No. 25: Replace water valve and survey monument boxes and adjust to grade (Each) The contract unit price paid for this bid item shall constitute full compensation to replace water valves and survey monument boxes and adjust them to grade in accordance with the plans, contract documents, and in conformance with Section 302-5.8. The number of water valves and survey monument boxes set forth in the bid item is for estimating purposes only and the final quantities will be accounted for in the field by the City Inspector. Item No. 26: Adjust manholes to grade (Each) The contract unit price paid for this bid item shall constitute full compensation to adjust manholes to grade in accordance with the plans, contract documents, and in conformance with Section 302-5.8. The number of manhole boxes set forth in the bid item is for estimating purposes only and the final quantities will be accounted for in the field by the City Inspector. Revised 6/15/2017 Contract No. 6001-23SS Page 116 of 136 SUPPLEMENTAL PROVISIONS TO “GREENBOOK” STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Crushed Aggregate Base per Greenbook Section 200-2 and as specified herein. 200-2.2 Crushed Aggregate Base. Add the following: Crushed Aggregate Base shall be free from organic matter and other deleterious substances and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. The aggregate shall not be treated with lime, cement or other chemical material before tests are performed. Samples for testing shall represent every 500 cubic yards or one day's production, whichever is smaller. If the results of the aggregate grading tests do not meet the requirements for Percentage Passing Sieve as specified in Table 200-2.2.2 but meet the Quality Requirements as specified in Table 200-2.2.3, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until test results indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for Percentage Passing Sieve. If the results of both the aggregate grading and Sand Equivalent tests do not meet the requirements of Section 200-2.2, the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor, and approved at the sole discretion of the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $50 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may be come due, to the Contractor under the contract. SECTION 203 - BITUMINOUS MATERIALS 203-3 EMULSIFIED ASPHALT. 203-3.1 General. Replace the entire subsection with the following: For slurry seal, emulsified asphalt shall be polymer modified emulsion. It shall contain polymer mixed with a paving asphalt uniformly emulsified with water and an emulsifying or stabilizing agent. The polymer shall be neoprene, or butadiene and styrene copolymer. The polymer must be homogenous and milled into the emulsified asphalt at the colloid mill. Polymer modified emulsion shall content a minimum of 2.5% polymer by weight of residual asphalt, as determined Revised 6/15/2017 Contract No. 6001-23SS Page 117 of 136 by Caltrans Test 401. A Certificate of Compliance conforming to 4-1 of the Greenbook shall be submitted to the Engineer prior to application. 203-4 NOT USED Add the following: 203-4 EMULSION-AGGREGATE SLURRY. 203-4.1 General. Add the following: Emulsion-Aggregate Slurry shall be polymer-modified (min 2.5% polymer by weight of residual asphalt), cationic quick-set (PMCQS-1h) and shall conform to the requirements of 203-3, and 302-4 of the Greenbook. A Certificate of Compliance conforming to 4-1.5 of the Greenbook shall be submitted to the Engineer prior to application. 203-6 ASPHALT CONCRETE. 203-6.1 General. Add the following: Asphalt Concrete (AC) for patches shall be Type III-C3-PG 64-10. No recycled asphalt pavement (RAP) shall be used in the AC mix used for patching. Asphalt Concrete for full width overlay shall be Type III-C3-PG 64-10. Asphalt Concrete in base course, if necessary or required by the City Inspector, shall be Type III-B2-PG 64-10. No more than 15% RAP shall be used in the full width overlay and base course AC mixes. 203-6.3 Job Mix Formula (JMF) and Mix Designs. Add the following: Asphalt Concrete (AC) shall be Type III-C3-PG 64-10 for patches and shall be Type III-C3-PG 64-10 for full width overlay; both of which with Warm Mix Asphalt (WMA) additive technology optional. No reclaimed asphalt pavement (RAP) is allowed in the AC mix used for patching. No more than 15% RAP is allowed in any AC mixes used for base course or full width overlay. If more RAP than allowed amount is used in any portion of asphalt concrete for any part of the project, that part will be rejected, and the contractor will be required to remove and replace that section at its own cost. If the use of WMA additive is desired, the WMA additive used must be on the Caltrans Authorized Material List for WMA authorized technologies in effect as of the date of advertisement of the contract, https://mets.dot.ca.gov/aml/WarmMixAsphaltTechnologiesList2.php?print=yes. Only additive technologies are acceptable. No foaming or water injection technology shall be used. A technical representative for the WMA additive technology must attend the Preconstruction Meeting should WMA be used by the Contractor. 203-6.4.4 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of final asphalt concrete material. In addition to evaluation of the final asphalt material, samples of aggregate, RAP, and asphalt binder will be taken for testing. In case of dispute between the contractor and the Agency, the Engineer has the authority to request core samples for analysis from the placed asphalt concrete for any of the acceptance criteria, at the locations determined by the Engineer. All samples shall be taken in accordance with California Test 125, and the following table: Revised 6/15/2017 Contract No. 6001-23SS Page 118 of 136 Sampling Location Asphalt Concrete • Trucks, or • Mat behind the paver Aggregate • Cold feed belts, or • Hot bins prior to addition of asphalt binder RAP • RAP system, or • RAP feed belts Asphalt Binder • Asphalt binder supplier, or • Storage tanks at the plant during production When behind the paver or core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for the required testing. When using core samples, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. Materials sampling and testing of the asphalt concrete shall be on a lot basis. A Lot shall be defined as the amount of pavement placed in 1 day. A Sub-Lot shall be defined as 500 tons. Should the amount of pavement placed in 1 day be less than 500 tons, the Sub-Lot and Lot shall be one and the same. Each Lot shall be from a single source unless otherwise approved by the Engineer. The samples and testing results shall be representative of their entire sample sub-lot. 203-6.8 Storage. Replace existing section with the following: Storage of asphalt concrete shall not be allowed. 203-10 NOT USED Add the following: 203-10 ASPHALT PAVEMENT CRACK SEALANTS. 203-10.1 Hot Pour Crack Sealant and Routing. Crack sealant shall be Elastoflex 670 (Polyskin) at 70 boxes per pallet. DETACK detackifer shall be used on all crack seal immediately following application – Unit: Box The Contractor will rout cracks as directed by the City Inspector. All cracks will be crack sealed, whether routed or not. The Contractor shall thoroughly clean and seal all cracks and joints in the pavement and apply hot applied crack sealant. The Contractor shall provide hot applied Elastoflex 670 (Polyskin) crack sealant at 70 boxes per pallet. DETACK detackifer shall be used on all crack seal immediately following application. The Contractor shall use “V” squeegees to strike off excess material from the street surface and shall use DETACK detackifier to spray all crack sealant immediately after the material is squeegeed. The Contractor will be required to maintain all traffic, through and local, as required. Accordingly, the Contractor will not be allowed to seal more than one-half the roadway width at any given time. Revised 6/15/2017 Contract No. 6001-23SS Page 119 of 136 The Contractor shall post “No Parking” signs on each street 48 hrs. prior to routing and/or crack sealing. It shall be the responsibility of the Contractor to provide, install and maintain signs, lights, flagmen, barricades, arrow boards and other devices as may be necessary to properly protect the work and to provide for safe and convenient travel by the public through the construction area. Flagmen shall use “STOP” and “SLOW” paddles and shall be properly attired and equipped with safety devices. The Contractor shall use a mobile street sweeper to clean the street after the routing is completed per street and before the street is crack sealed. The Contractor shall blow out all cracks and joints with an air compressor with wand attachment with a nozzle pressure of at least 125 psi. On cracks that have existing weeds growing within, if the weeds are not removed during routing, the Contractor shall use a “Billy goat” or similar machine equipped with a wire brush wheel to remove the weeds or shall use a heat lance capable of providing air temperatures of 2500 degrees F and will be required to remove all forms of vegetation and moisture ahead of the sealing operation. All joints and cracks must be dry and free of moisture before installation of the crack sealant. The crack sealing material shall not be applied when the weather is foggy or when rain threatens. The sealant shall be supplied in solid form which, when melted and properly applied with a squeegee, forms a resilient and adhesive compound that will effectively seal cracks and joints in asphalt concrete pavement. The sealant shall have a minimum pot application life of twelve hours and have re-heat capability at least one time after initial heat-up. Router(s) shall be Crafco Model 30 or approved equal. The router shall provide a 1/2” wide cut and be set to cut 3/4” depth. The City Inspector will direct the Contractor on which cracks to rout on each street and will measure the length of each routed crack for payment purposes. Payment for routing will be per linear foot of routed crack. Payment of crack sealant shall be per box of crack sealant used. The Contractor and the City Inspector will count the number of boxes of crack sealant used on the project streets. The Contractor will be paid for the actual amount of crack sealant material used, based on the number of boxes used on the project. SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 PORTABLE CHANGEABLE MESSAGE SIGN (PCMS) Add the following section: 206-7.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20ºC (-4ºF) to +70ºC (158ºF) 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 Revised 6/15/2017 Contract No. 6001-23SS Page 120 of 136 (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer As part of the bid item “Traffic Control Plan Implementation,” at least one PCMS will be required in each direction of travel affected by the work on the major streets and intersection work. The traffic control plans shall clearly show the PCMS’ locations. The PCMS shall warn motorists of the work one (1) week prior to start of the work and for the entire duration of the work. Add the following section: 206-7.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre-programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. Add the following section: 206-7.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. Add the following section: 206-7.4 Measurement and Payment. The cost for PCMS shall be included in the bid item Traffic Control Plan Implementation and include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the City at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made. Revised 6/15/2017 Contract No. 6001-23SS Page 121 of 136 SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS. Add the following section: 214-4.3 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01R2. 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. PTH-02ALKYD. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of 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. Green traffic paint shall be Ennis-Flint 985216 Green Standard Fast Dry Waterborne 1952F ½ Traffic Paint, Product Color Green (34115) or approved equal. Paint shall meet federal spec TT-P-1952F Type I & II. 214-6.4 RETROREFLECTIVE PAVEMENT MARKERS. Add the following section: 214-6.5 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-6.4.2, or equal thereto. TABLE214-6.4.2 TEMPORARY REFLECTIVE PAVEMENT MARKERS Type Manufacturer of Distributor TOM- Temporary Overlay Markers Davidson Traffic Control Products, 3110 70th Avenue East, Tacoma, WA 98424, (877) 335-4638 Revised 6/15/2017 Contract No. 6001-23SS Page 122 of 136 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 302 - ROADWAY SURFACING 302-4.3 Emulsion-Aggregate Slurry (EAS). Add the following section: 302-4.3.4 Submittal. At least 15 days before starting placement of a slurry seal, the following shall be submitted to the Engineer: 1. Samples for: 1.1. Emulsified asphalt slurry seal, two 1-quart wide mouth plastic containers with screw top lid of emulsified asphalt 1.2 Polymer modified emulsified asphalt slurry seal, two 1-quart wide mouth plastic containers with screw top lid of polymer modified emulsified asphalt 2. Emulsified asphalt, polymer modified emulsified asphalt data as follows: 2.1. Supplier and Type/Grade of emulsified asphalt 2.2. Type of modifier polymer for polymer modified emulsified asphalt 2.3. Copy of the specified test results for emulsified asphalt, polymer modified emulsified asphalt 3. 50 lb of aggregate 4. Aggregate test results for the followings: 4.1. Gradation 4.2. Los Angeles Rattler 4.3. Percent of crushed particles 4.4. Sand equivalent 4.5. Durability At least 10 days before starting placement of a slurry seal, a laboratory report of test results and the proposed mix design shall be submitted to the Engineer from an authorized laboratory. The authorized laboratory must sign the laboratory report and mix design. The report must include: 1. Test results used in the mix design compared with specification requirements 2. Proportions based on the dry weight of aggregate, including ranges, for: 2.1. Aggregate 2.2. Water 2.3. Additives 2.4. Mineral filler 2.5. Slurry seal emulsion residual asphalt content 3. Quantitative moisture effects on the aggregate's unit weight determined under ASTM C29M If any of the materials in the mix design is changed, a new mix design and laboratory report shall be submitted to the Engineer at least 10 days before starting slurry seal work. Revised 6/15/2017 Contract No. 6001-23SS Page 123 of 136 A certificate of compliance as specified for emulsified asphalt in section 203-3.1with each shipment of emulsified asphalt or polymer modified emulsified asphalt shall be submitted to the Engineer. Add the following section: 302-4.3.5 Quality Control. Add the following: An effective quality control system shall be established, maintained and followed in accordance with 2023 Caltrans Standard Specification procedures. The quality control system must detail plans, procedures, and organization necessary to furnish and apply a slurry seal that complies with the contract. The quality control system shall be followed until work is accepted. A Contractor Quality Control (CQC) plan shall be established, maintained and followed sufficient to ensure that the warranty related treatment complies with the contract. The CQC plan must cover all slurry seal operations. A copy of the plan shall be submitted to the Engineer, at the preconstruction meeting, for approval. The approved plan shall be followed throughout the project. An authorized laboratory must perform sampling and testing. The following information, at a minimum, shall be included in the CQC plan: 1. Materials to be used on the project 2. Sampling and testing methods used to determine compliance with material specifications 3. Equipment to be used on the project 4. Calibration method used to determine compliance with the application rates 5. Procedures for pavement preparation 6. Controls implemented by the Contractor to ensure that the slurry seal materials are cured for a minimum of four (4) hours, or as approved by the Engineer 7. Procedures implemented by the Contractor for monitoring initial acceptance requirements The Engineer shall be allowed to have access to all work in progress for the purpose of quality assurance review and testing. Immediately after sampling, two 1-quart wide mouth plastic containers of emulsified asphalt or polymer modified emulsified asphalt taken in the presence of the Engineer shall be submitted to the Engineer. Samples must be submitted in insulated shipping containers Add the following section: 302-4.3.6 Documentation. The Engineer shall be provided with a daily report including the following information: 1. Project number, route/road, Engineer 2. Date, air temperature, pavement temperature, humidity 3. Asphalt emulsion temperature 4. Beginning and ending stations 5. Job Mix Formula (JMF): application and dilution rates (emulsified asphalt) 6. Length, width, total square yards 7. Contractor's signature The contractor shall provide proof of calibration of the slurry seal distributor. Calibration shall be conducted no earlier than five days prior to operations. The contractor shall submit the results of the calibration procedure to the Engineer. Revised 6/15/2017 Contract No. 6001-23SS Page 124 of 136 302-4.7 Scheduling, Public Convenience and Traffic Control. Add the following: The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Republic Services at (760) 332-6464. The Contractor shall accommodate mail delivery to residences and businesses during the work. At least two weeks prior to work, Contractor shall send, by first class mail, notification letters/ mailers to all property addresses on which resurfacing shall occur, and within a 600 foot radius of the streets being resurfaced. Obtaining the appropriate addresses shall be the contractor’s responsibility. A sample letter shall be provided by the city and the Contractor shall use the city’s sample letter with appropriate street names, dates, times, and phone numbers specific to the work inserted in the letter. During resurfacing operations, the Contractor’s schedule shall be designed to provide residents and business owners sufficient paved parking within a 900 feet distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contract shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The Contractor shall deliver the 72-hour advance notification door hanger which shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24 hours number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the 760 area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall use the sample door hanger provided by the city and submit door hangers to the Inspector for approval. Notices shall not be distributed until approved by the Inspector. The notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3 ½ inches by 8 ½ inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65lb card stock. The printing on the notice shall be no smaller than 12 points. The door hangers shall show the street name, date, time, phone numbers, and appropriate information specific to the work inserted. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for “Public Notification of Work” and the Contractor will not be entitled to any additional compensation for work outlined in this section. Revised 6/15/2017 Contract No. 6001-23SS Page 125 of 136 (Name of Contractor) (Address of Contractor) (Contractor’s License Number) (Date) As part of the City of Carlsbad’s ongoing program to maintain our roadways, streets in your neighborhood are scheduled for resurfacing in the coming weeks. The resurfacing work will require traffic control to be put in place in those areas. The work will take place between the hours of [hours within contract] and approximately [hours within contract], or until the traffic control devices are removed. Residents located on the streets scheduled for resurfacing will be notified 72 hours in advance of the work. Look for a brightly colored 3 ½” x 8 ½” card attached to your doorknob. You will also notice temporary “no parking” signs on your street with a specific “no parking” date written on it. PLEASE NOTE: weather conditions and other factors outside our control can sometimes cause work to be rescheduled at the last minute. If this happens, we will notify you as soon as possible of the new date. To prepare for this road work, we are asking neighbors to help. Here’s how: • Park your car outside the area of work unless you plan to leave before 8 a.m. the morning the work starts. Watch for “no parking” signs. • Park your car in your driveway or garage (off the street) if you aren’t going to need it between [hours within contract] and [hours within contract] • Avoid walking, bicycling, and skateboarding on new roads until construction signs are removed. • Please keep kids and pets off the new roadway on the day of the resurfacing. • Do not walk on the newly resurfaced street or you may get black residue on the bottom of your shoes. The residue may damage or mark surfaces and be very difficult to remove. • Please try to keep the work area and new road dry until construction signs are removed. Monitor sprinklers, hoses and other water sources around your home. • Please note that mail could be delayed on the day of the resurfacing if your postal carrier cannot reach your mailbox. • Work will be coordinated with trash pick-up. • If you have a special concern or need reasonable accommodations, please call the City of Carlsbad at 760-602-2780. (Contractor Name) will be performing the resurfacing work for the city. You may call a contractor representative at (XXX) XXX-XXXX for more information about the project and to answer questions. For a map of all streets scheduled for resurfacing throughout the city, please visit the city website at www.carlsbadca.gov, click on City Services> Streets and Traffic> Maintenance> Street Resurfacing. The City of Carlsbad has some of the most well-maintained streets in the region thanks to the cooperation of community members like you. We appreciate your patience and understanding, and we will do everything we can to get this work done quickly and efficiently. Revised 6/15/2017 Contract No. 6001-23SS Page 126 of 136 302-4.8.2 Emulsion-Aggregate Slurry (EAS). 302-4.8.2.1 Application Temperature. Add the following: Seal coat, tack coat, or slurry seal activities shall not be started when precipitation is forecasted during the application and curing period. Slurry seal shall not be placed if rain is imminent or the air temperature is expected to be below 36°F within 24 hours after placement. Before applying and during the application of slurry seals, drainage inlets, manholes, valve and monument covers, grates, and other exposed facilities located within the area of application shall be covered using plastic or oil resistant construction paper secured by tape or adhesive to the facility being covered. The covered facilities shall be referenced with enough control points to relocate the facilities after application of the slurry seals. Immediately before applying slurry seal, the surface to receive slurry seal shall be cleaned by removing any extraneous material affecting adhesion of the slurry seal with the existing surface. Self-propelled power brooms shall be used to clean the existing pavement. Add the following section: 302-4.8.2.3 Maintenance. The slurry sealed streets shall be swept 24 hours after placement without damaging the slurry seal. For 3 consecutive days afterwards, the streets received slurry seal shall be swept daily using a self-loading motor sweeper with spray nozzles unless determined otherwise by the Engineer. One week later, the Contractor shall sweep the slurry sealed streets once per week for two weeks. The Engineer has the authority to require more sweeping than specified herein. All sweeping costs shall be included in the Contractor’s bid. The slurry seal must not show bleeding, raveling, separation, or other distresses for 15 days after placing. If bleeding, raveling, delaminating, rutting, or wash-boarding occurs after placing the slurry seal, make repairs using an authorized method. Slurry sealed streets shall be protected from damage until it has set and will not adhere or be picked up by vehicle tires. Slurry seal must not exhibit distress from traffic such as bleeding, raveling, separation or other distresses. Add the following section: 302-4.8.2.4 Construction Method. Construction of Type I & II slurry seal shall comply with the requirements set forth in 302-4 of the Standard Specifications, except as modified herein. The slurry seal mixture (PMCQS-1h w/ 2.5% polymer by weight of residual asphalt) shall be of proper consistency at all times so as to provide the application rate required by the surface condition. Type I to be used on residential streets and in the bike lanes and buffered areas on the collector/ arterial as illustrated in the project Plans and described in Table 302-4.8.2.4: Type 2 to be used on collector/ arterial streets in the vehicular lanes as illustrated in the project Plans and the areas beyond what is described in Table 302-4.8.2.4: Revised 6/15/2017 Contract No. 6001-23SS Page 127 of 136 Payment reduction for noncompliance shall conform to 302 – 4.11.1 TABLE 302-4.8.2.4 – TYPE 1 AVERAGE WIDTH (SOUTHBOUND/ EASTBOUND AND NORTHBOUND/ WESTBOUND DIRECTIONS) Street Name From Street To Street Wi d t h o f T y p e I (F T ) – SB o r EB Wi d t h o f T y p e I (F T ) – NB o r WB BATIQUITOS DR PELICAN ST SHOREBIRD LN 8 8 BATIQUITOS DR AVIARA DR KINGFISHER LN 8 8 BATIQUITOS DR SHOREBIRD LN GOLDEN STAR LN 8 8 BATIQUITOS DR SPOONBILL LN SPOONBILL LN 8 8 BATIQUITOS DR GOLDEN STAR LN BLACK SWAN PL 8 8 BATIQUITOS DR KESTREL DR MELODIA TERRACE 10 10 BATIQUITOS DR MELODIA TERRACE PELICAN ST 8 8 BATIQUITOS DR HUMMINGBIRD RD AVIARA PY 8 8 BATIQUITOS DR BLACK SWAN PL AVIARA DR 8 8 BATIQUITOS DR SPOONBILL LN HUMMINGBIRD RD 8 8 BATIQUITOS DR KINGFISHER LN SPOONBILL LN 8 8 CALLE BARCELONA PASEO AVELLANO PASEO ARRAYAN 8 8 CALLE BARCELONA CALLE BARCELONA CALLE BARCELONA 8 8 CALLE BARCELONA CALLE BARCELONA EL CAMINO REAL 8 8 CALLE BARCELONA CALLE BARCELONA CALLE BARCELONA 8 8 CALLE BARCELONA PASEO ALISO PASEO AVELLANO 8 8 CALLE BARCELONA SOUTH END CALLE BARCELONA 8 8 CALLE BARCELONA EL CAMINO REAL PASEO ALISO 8 8 CALLE BARCELONA RANCHO SANTA FE RD PASEO ALMENDRO 8 8 CALLE BARCELONA PASEO ARRAYAN PASEO ALMENDRO 8 8 CAMINO DE LOS COCHES RANCHO SANTA FE RD CALLE TIMITEO 8 CAMINO DE LOS COCHES CALLE ACERVO MAVERICK WY 8 CAMINO DE LOS COCHES CALLE TIMITEO CALLE ACERVO 8 8 CAMINO DE LOS COCHES VIA CALLENDO LA COSTA AV 8 8 CAMINO DE LOS COCHES TERRAZA DISOMA VIA CALENDO 8 8 Revised 6/15/2017 Contract No. 6001-23SS Page 128 of 136 Street Name From Street To Street Wi d t h o f T y p e I (F T ) – SB o r EB Wi d t h o f T y p e I (F T ) – NB o r WB CAMINO DE LOS COCHES MAVERICK WY TERRAZA DISOMA 8 8 EL CAMINO REAL CITY LIMITS CALLE BARCELONA 10 EL CAMINO REAL CARLSBAD VILLAGE DR HOSP WY 10 EL CAMINO REAL EL CAMINO REAL CARLSBAD VILLAGE DR 10 EL CAMINO REAL CALLE BARCELONA LEVANTE ST 10 EL CAMINO REAL HOSP WY MARRON RD 8 EL CAMINO REAL ARENAL RD AVIARA PY EL CAMINO REAL CHESTNUT AV EL CAMINO REAL 10 EL CAMINO REAL HOSP WY CARLSBAD VILLAGE DR 10 EL CAMINO REAL CARLSBAD VILLAGE DR EL CAMINO REAL 10 EL CAMINO REAL MARRON RD HOSP WY 8 EL CAMINO REAL AVIARA PY ARENAL RD EL CAMINO REAL EL CAMINO REAL CHESTNUT AV 10 EL FUERTE POINSETTIA LN GREENHAVEN DR 12 EL FUERTE CHORLITO ST RANCHO PANCHO 12 12 EL FUERTE GREENHAVEN DR BRESSI RANCH WY 8 12 EL FUERTE RANCHO PANCHO POINSETTIA LN 12 12 EL FUERTE GATEWAY RD PALOMAR AIRPORT RD 10 EL FUERTE GATEWAY RD BRESSI RANCH WY 12 12 EL FUERTE LOKER AV EAST FARADAY AV 12 12 EL FUERTE PALOMAR AIRPORT RD LOKER AV EAST 12 12 EL FUERTE PRIVATE DY GATEWAY RD 10 FARADAY FARADAY AV ORION ST 8 8 FARADAY EL CAMINO REAL PALMER WY 8 FARADAY PALMER WY FARADAY AV 8 8 PASEO DEL NORTE CAR COUNTRY DR PASEO DEL NORTE 14 14 PASEO DEL NORTE GINGER AV SUNFLOWER WY 18 18 PASEO DEL NORTE PALOMAR AIRPORT RD CAR COUNTRY DR 8 8 Revised 6/15/2017 Contract No. 6001-23SS Page 129 of 136 Street Name From Street To Street Wi d t h o f T y p e I (F T ) – SB o r EB Wi d t h o f T y p e I (F T ) – NB o r WB PASEO DEL NORTE PASEO DEL NORTE CANNON RD 14 14 PASEO DEL NORTE LOWDER LN GINGER AV 18 18 PASEO DEL NORTE SUNFLOWER WY CAMINO DE LAS ONDAS 18 18 RANCHO SANTA FE RANCHO SANTA FE RD CALLE BARCELONA 10 RANCHO SANTA FE CALLE BARCELONA RANCHO SANTA FE RD 10 All remaining widths of slurry seal not addressed in Table 302.4.8.2.4 shall be Type 2 and any changes will need to be authorized by the City Inspector and Engineer. 302-4.10.2 Emulsion-Aggregate Slurry Seal Surfacing. Modify as follows: First paragraph, first sentence, modify as follows: Emulsion-aggregate slurry seal surfacing will be measured by each extra-long ton (ELT) of each Type of aggregate used in the Work. Second paragraph, second sentence, modify as follows: The weight of the added water, the emulsified asphalt, and the set control agents used in the slurry seal mixture will not be included in the weight measured for payment. 302-4.11.2 Emulsion-Aggregate Slurry Seal Surfacing. Modify as follows: First paragraph, first sentence, modify as follows: Payment for emulsion-aggregate slurry seal surfacing will be made at the contract unit price per extra-long ton (ELT) for the dry aggregate Type used for the Work. 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. Add the following: The Contractor shall treat all vegetation within the limits of the paved area to receive asphalt concrete paving in accordance with the City’s Integrated Pest Management (IPM) plan. The document can be found on the City’s website. Allowance for the vegetation treatment period shall be shown in the schedule required per section 6-1. 302-5.2 Pavement Transitions. Add the following: The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-13.1. Ramps shall be constructed the same day as cold milling and Revised 6/15/2017 Contract No. 6001-23SS Page 130 of 136 removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 Tack Coat. Add the following: The Contractor shall place a tack coat between the successive interfaces of existing pavement and new asphalt concrete. 302-5.5 Distribution and Spreading. Modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the self-propelled spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control. The automatic screed control shall be 5.5 m (18’) minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. The Contractor shall provide an on-site backup paving machine during all paving operations. No conveyor belt systems will be allowed for moving the AC. No AC windrows will be allowed. Only a surge volume/remix material transfer vehicle (MTV) is allowed to receive the AC from the haul trucks and then place it in the self-propelled spreading and finishing machine. If the Engineer determines the use of the MTV is not practical for a portion of the project, the Engineer may waive its requirement for that portion. 302-5.6.1 General. Modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. 302-5.8 NOT USED Add the following section: 302-5.8 Manholes and Valve Boxes (and other structures). The Contractor must locate, survey, and record locations of all appurtenances in the roadway including, but not limited to, manholes, access holes, valve boxes, blow-offs, air releases, sewer cleanouts, and survey monument boxes (please refer to Section 2-9 for specific requirements to survey monuments). GIS based maps/ exhibits of water, sewer, and storm water manholes and covers can be seen in Appendix B-1 to B-3, Contractor to verify. Prior to grinding or paving adjacent to any structure, Contractor shall install plywood shelves or umbrella devices in order to prevent debris from falling into structures. Prior to placing the overlay, the Contractor shall install rubber nipples/risers on top of all appurtenances in the roadway and pave over the rubber nipples/risers. Each manhole cover shall be treated or covered to prevent adhesion of the overlay. Each City-owned manhole and cleanout shall be located and raised to grade within 72 hours after the overlay is placed and shall be thoroughly cleaned of any construction debris which may have entered due to the Contractor’s operation. Each valve box shall be replaced per City Standard Drawings, Volume 3, Chapter 4 (refer to Current City Standards Plans https://www.carlsbadca.gov/home/showpublisheddocument/334/637980518271200000). The contractor shall be responsible for matching the finish grades of the new pavement to match the existing manholes, as to create a smooth finish surface, and not have any abrupt changes in or around the manholes. In the event of any damage to existing manholes during construction activities, the contractor shall replace them at the contractor’s expense, and no extra payment shall be made to the contractor. All City of Carlsbad sanitary sewer access covers shall be adjusted per City Standard Drawing No. S1. All storm sewer access covers shall be adjusted per SDRSD D-10. Revised 6/15/2017 Contract No. 6001-23SS Page 131 of 136 For all non-City owned appurtenances, manholes, valve boxes, or other structures in the roadway or in conflict with the proposed improvements, the contractor shall coordinate with the proper agency contact. For Leucadia Wastewater District, contact Ian Riffel at (760) 753-0155 ext.3002. For Olivenhain Municipal Water District, contact Mark Wilson at (760) 632-4643. For all non-City owned appurtenances, manholes, valve boxes, or other structures in the roadway or within the project limits, if the contractor and the owner of the non-City owned utilities mutually agree to contract with one another to adjust or replace the appurtenances, the contractor shall extend them the same bid prices as offered in this contract, with up to 10% markup only. Survey monument boxes shall be replaced and adjusted to grade per SDRSD M-10. Riser rings or extensions shall not be used for the adjustment of City-owned appurtenances. Replacing and adjusting to grade all City-owned appurtenances in the roadway shall be paid for at the contract unit price per each as shown in the Bid. Such price shall constitute full compensation for all labor, materials, and equipment necessary for completing the work as described in these specifications, including traffic control and prevention from debris falling into structures. Other Agencies may adjust their own appurtenances or other Agencies may contract with a third party to raise their appurtenances. 302-5.9 Measurement and Payment. Add the following: Payment for asphalt concrete placed and compacted shall be at the unit price bid per ton. No additional payment shall be made for any tack coat, material transfer vehicle, compaction, traffic control, or other incidentals. Add the following section: 302-15 ASPHALT PAVEMENT REPAIRS AND REMEDIATION. Add the following section: 302-15.1 General. Damage to existing traffic loops caused by pavement repairs or cold milling will require immediate replacement of the traffic loops unless video detection has been set up and the loops are unnecessary. If pavement fabric or geo-textile is encountered during any pavement repairs or cold milling, the Contractor shall remove and dispose of it at the Contractor’s expense. The cost of the work described in this section shall be included in the bid price for the repair itself or cold milling (grinding). 302-15.2 AC Cold Milling and Disposal of Grindings. Cold Milling or grinding shall be in accordance with the provisions of Section 404 of the Greenbook, latest edition. The Contractor shall cold mill or diamond grind the existing AC to the width and depth as shown on the plans and described in the Standard Specifications and these Special Provisions. In the field, the Engineer may change the width and depth of the cold milling at his discretion. If the Contractor’s cold milling severs any traffic detection loops, the Contractor shall replace them immediately at the Contractor’s expense. Existing advance traffic signal loop detectors shall be replaced by the Contractor and paid for per the bid item Replace Traffic Signal Detector Loop, Type E, even when video detection has been installed at the intersection. Contractor shall install Type E Loop Detector per Caltrans Revised Standard Plan RSP ES-5B. For all traffic signal loops that are to be replaced, a new, dedicated DLC with home run back to the cabinet is required for every existing loop that is currently sliced with other loops connecting to one DLC back to a cabinet. Each advance loop should have its own homerun back to the signal cabinet as well. Contractor shall construct temporary AC ramps at the cold-milled edges parallel and perpendicular to the direction of travel. Payment for construction, removal, and disposal of temporary asphalt concrete ramps Revised 6/15/2017 Contract No. 6001-23SS Page 132 of 136 shall be included in the bid item for cold milling. As shown on the plans, some cold milling may require tapering of milled thickness. If and when the Contractor encounters pavement fabric or petromat during cold milling, the Contractor shall remove and dispose of the pavement fabric or petromat. The cost of removing and disposing pavement fabric or petromat shall be included in the Contractor’s bid price for cold milling and no additional payment will be made therefor. 302-15.3 Two (2) Inch Depth AC Cold Mill and Replace. The area set forth in the bid items is for estimating purposes only and the final quantities will be as measured in the field by the City Inspector. The Inspector will designate and mark the final limits of the remove and replace areas in the field by outlining the area to be patched with paint. The Contractor shall remove the asphalt concrete in the designated area to the depth required per the requirements of Section 404 of the SSPWC. The Contractor shall sweep the street, keep dust to a minimum, and remove and dispose of the AC at the Contractor’s expense. A tack coat of SS-1h emulsified asphalt shall be applied uniformly to all asphalt-to-asphalt contact surfaces at a rate of 0.25 L/m2 to 0.45 L/m2 (0.05 to 0.10 gallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill the area with asphalt concrete and compact so that the finished surface of the new AC is flush with the surrounding pavement. The Contractor is required to use a self-propelled paving machine for areas 6 feet wide and wider. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 SSPWC. 302-15.4 Crack Sealing. All joints and cracks equal or >1/4” wide shall be cleaned to a minimum depth of 1” (25 mm) with high pressure air jet and/or routed as directed by the City inspector as specified in Section 203-10. No sealant material shall be placed until the joints and cracks have been cleaned of all loose dirt, old material, and are sufficiently dry. Both side walls of the cracks and joints must be free of dust and debris to assure optimum sealant adhesion. The joints and cracks shall be inspected and approved by the Inspector prior to placing the crack sealant material. Final joint and crack cleaning will be the same day of the sealing operation except as otherwise approved by the Inspector. The Contractor shall dispose of debris from crack cleaning outside the public way in accordance with Section 7-8.1, “Cleanup and Dust Control.” The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed manufacturer’s recommendations. Application of the hot-melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 50°F. Containers of hot-melt rubberized sealant shall be delivered to the jobsite in unopened containers that are clearly marked with data showing the manufacturer’s name, the product designation and the manufacturer’s batch number and lot numbers. The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant shall be removed from the crack with a minimum overlap onto adjacent pavement. Crack sealant shall be allowed to cure for 7 days prior to street resurfacing. 302-15.5 Measurement and Payment. Quantities of pavement repairs as set forth in the bid items are for estimating purposes only. Final quantities will be as designated and measured in the field. The Engineer will designate and mark the limits of the repairs. Full compensation for conforming to the requirements of constructing pavement repairs shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work as outlined in the appropriate section, including saw cutting and removing and disposing of existing asphalt concrete, aggregate base/subbase and basement soil as designated by the engineer, placement of asphalt concrete, compaction of subbase and asphalt concrete, placement of SS-1h asphalt Revised 6/15/2017 Contract No. 6001-23SS Page 133 of 136 emulsion and all other work incidental to the pavement repairs shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefor. The bid price for cold milling shall include removing and disposing of pavement fabric or geo-textile when encountered. Full compensation for conforming to the requirements of crack sealing shall include but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to do the work. Crack cleaning, roadway clean up, application of sealant, removal of excess sealant and all other work incidental to crack sealing shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefor. SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-3 REMOVAL OF PAVEMENT MARKERS. 314-3 General. Add the following: The Contractor shall remove all existing thermoplastic and raised pavement markers. The Contractor shall collect all water and detritus resulting from removal from the pavement immediately and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of thermoplastic 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. The surface produced shall not exceed variations from a uniform plane more than 3 mm (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. For bridge locations that are constructed of a concrete deck, only water blasting shall be used to remove painted pavement markers on the concrete bridge deck. Equipment for water blasting shall be a Stripe Hog SH8000 or approved equal with a recovery system and capable of a blasting pressure up to 40,000 PSI with control interlocks to prevent high pressure discharge while blasting heads are in operation. Under no circumstances shall damage occur to the concrete pavement surface. 314-3.3 Payment. Modify section as follows: Payment for removal of pavement markers other than Thermoplastic shall be paid per lump sum in the bid item Striping, Thermo, and RPMs per Plans and Caltrans Details. Payment for removal of Thermoplastic markers shall be paid per lump sum in the bid item Removing Existing Thermoplastic. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS. 314-4.3.5 Application. Add the following paragraph: The Contractor shall lay out (cat track) immediately after resurfacing and as the work progresses. The Contractor shall provide and Revised 6/15/2017 Contract No. 6001-23SS Page 134 of 136 maintain temporary tabs/ pavement delineation on all stop limit lines, crosswalks, centerlines, lane lines, bicycle buffers, and bicycle lanes in accordance with CA MUTCD before opening the street to public. The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer and within 72 hours of pavement resurfacing. After one week, a second coat of paint shall be applied to all final, approved striping. The Contractor shall install all traffic striping, pavement markings, pavement markers, and devices (e.g., signage) within 15 calendar days and no less than 7 calendar days after completion of resurfacing in accordance with current standards regardless of the existing conditions and installation will include the proposed striping modifications as identified on the Plans and in the Contract Document. If Contractor does not adhere to the 15 calendar day requirement, please refer to the Subsection 6-9 Liquidated Damages. The Contractor shall paint the ends of each median nose yellow. 314-4.3.7 Payment. Modify section as follows: Final and temporary traffic striping, curb markings and pavement markings shall be included in the prices bid for striping and markings, and no additional compensation will be allowed therefor. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefor. The prices bid shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. 314-5 PAVEMENT MARKERS. 314-5.2.2.1 General. Add the following sentence: Epoxy adhesives shall not be installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement. Add the following section: 314-6.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 314-4.3.5. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. When reflective channelizers are removed, the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. SECTION 315 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 315-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 315-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, and signing at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way to public traffic. 315-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall Revised 6/15/2017 Contract No. 6001-23SS Page 135 of 136 be placed in accordance with the manufacturer's instructions; specifically for slurry seal a minimum cure time of four (4) hours shall occur before placement and they should not be buried, unless otherwise approved by the Engineer. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 “Placement”, shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following section: 315-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3” x 12”) in size. The reflective sheeting shall be visible at 300 m (1000’) at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 314. Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification”. Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following section: 315-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 315-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on approved Traffic Control plans and specified herein. As part of the Contractor’s Traffic Control Plan, at least one Portable Changeable Message Sign (PCMS) is required in each direction of travel impacted by the work on all roadways for the project. The PCMS shall warn motorists of the work 7 days prior to start of the work, and for the entire duration of the work. Add the following section: 315-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary Revised 6/15/2017 Contract No. 6001-23SS Page 136 of 136 traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 315-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers shall be paid for per the lump sum bid item ‘Temporary Pavement Markers.’ However, PCMS’s, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or traffic control plans, or required in the specifications are a part of the lump sum item for Traffic Control Plan Implementation and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal shall also be included in the lump-sum price bid for traffic control plan implementation. APPENDIX "A" Door Hanger Template APPENDIX “A” CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (760) XXX-XXXX 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: / / 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. You may call the Contractor that will be performing the resurfacing work for the city at the above phone number if you have any questions. 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 or other service 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 "B" CARB CERTIFICATION City Attorney Approved Version 12/14/2023 DISCLOSURE & SUBMITTAL REQUIREMENT VEHICLE EMISSION DISCLOSURE & COMPLIANCE REQUIREMENT. This Project is subject to the following regulation(s) by the California Air Resources Board. In bidding this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all equipment and vehicle emission requirements under this Contract and applicable law in its Bid. ADVANCED CLEAN FLEETS. Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. Bidders utilizing subcontractors shall provide a signed certificate of reported compliance for each listed subcontractor in the space provided in the Proposed Subcontractors form. Bidders, and its subcontractors must be registered as compliant fleets at the time of bid submittal. In the event that a bidder, or its subcontractors, are exempt from this regulation, the bidder must submit a signed statement attesting to the fact, and to the reason(s) why it is not subject to the High Priority and Federal Fleets Regulation of Title 13, CCR Section 2015 through 2015.6 and the State and Local Government Fleets Regulation of Title 13, CCR Section 2013 through 2013.4. Failure to certify as a compliant fleet or provide an attestation to an exemption, may render the bid non-responsive. IN-USE OFF-ROAD DIESEL-FUELED FLEETS. Any contractor utilizing off highway vehicles or equipment may be subject to compliance with the In-Use Off-Road Diesel-Fueled Fleets Regulation. For more information, please visit the CARB In-Use Off-Road Diesel-Fueled Fleets Regulation webpage at: https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation. Bidders shall submit with its Bid a valid California Air Resources Board certificate of reported compliance. Bidders utilizing subcontractors shall submit the DOORS ID number for each listed subcontractor in the space provided in the Proposed Subcontractors form. Bidders are responsible for including a certificate of reported compliance for each identified subcontractor. Failure to submit valid certificates may render the bid non-responsive. GENERAL COMPLIANCE WITH LAWS. Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. City Attorney Approved Version 12/14/2023 Contractor is aware of the requirements of the emissions reduction regulations being mandated by the California Air Resources Board (“CARB”) and that it will comply with all applicable regulations before commencing the performance of the work and maintain compliance throughout the duration of this Agreement. CALIFORNIA AIR RESOURCES BOARD. The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel- Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024, and apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. The City of Carlsbad is a Public Works Awarding Body, as that term is defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported Compliance (“CRC”) for the Bidder’s fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Bidders must complete and submit the Fleet Compliance Certification, on the form provided. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive. COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD REGULATIONS. Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the California Air Resources Board (“CARB”) regulations including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, Certificates of Reported Compliance (“CRC”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City of Carlsbad. Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City of Carlsbad, its officials (appointed and elected), officers, and employees from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. City Attorney Approved Version 12/14/2023 FLEET COMPLIANCE CERTIFICATION. Bidder hereby acknowledges that they have reviewed the CARB’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: □ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. □ The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. □ Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). □ The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an “emergency”, as that term is defined in Section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). □ The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name of Bidder: Signature: Name: Title: Date: