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Home My WebLink AboutPalm Engineering Construction Company Inc; 2015-03-10; PWS15-44UTILRecording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 ) ) ) ) ) ) ) ) ) ) DOC# 2015-06561 06 1111111111111111111111111111111111111111111111111111111111111111111111 Dec 23, 2015 02:38 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 1 Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is Carlsbad Municipal Water District (CMWD), a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Sept. 22, 2015. 6. The name of the contractor for such work of improvement is Palm Engineering Construction Company, Inc. 7. The property on which the work of improvement was completed is on Grand Ave. in the City of Carlsbad, County of San Diego, State of California, and is described as the Northwest Storm Drain, Mise Water Valve Replacement, Pavement Management, Village Decorative Lighting (Grand Ave), Project Nos. 6608, 5019, 6001 & 4016. · k Director Patrick Vaughan VERIFICATION OF SECRETARY l, the undersigned, say: I am the Secretary of the Carlsbad Municipal Water District, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. The Executive Board of said District on December 15 , 20__11!, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. I ., / Executed on ~-;2 ')-, 20/ ::7, at Carlsbad, California. AB #22, 172 Reso. #1541 RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2015-06561 07 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll\1111 Dec 23, 2015 02:38 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: n/a ~~--------------- NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Sept. 22, 2015. 6. The name of the contractor for such work or improvement is Palm Engineering Construction Company, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Northwest Storm Drain, Mise Water Valve Replacement, Pavement Management, Village Decorative Lighting (Grand Ave), Project Nos. 6608, 5019, 6001 & 4016. 8. The street address of said property is on Grand Ave. in the City of Carlsbad. Vaughan VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on December 15 , 20____!i_, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed On / ,;; r",;;A ,;J .- ------------' 20 /S , at Carlsbad, California. AB #22, 172 Reso. #2015-312 Word\Masters\Forms\Notice of Completion (City) BARBARA ENGLESQ~ City Clerk 3/9/98 CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/0 # 1 Project: 6608, Northwest Storm Drain, Misc. Water Valve Replacement, Pavement Management, Village Decorative Lighting (Grand Ave.) Date Routed: Construction Management & Inspection Department Head Administrative Services Director v,t..... City Manager/Mayor Construction Management & Inspection Reasons for changes: Item 1 : Item 2: Item 3: Item 4: Item 5: Item 6: Item 7: Item 8: City staff requested an additional Rectangular Rapid Flashing Beacon because the existing trees and foliage blocked the drivers from being able to see clearly. City staff directed the contractor to perform the 2" grind and overlay at night in order to lessen the impact to the downtown village traffic. Additional compensation is required for the work at night because the asphalt plant is normally closed at night and additional equipment such as lights must be used. Decrease in Bid Item A-5, Utility Relocation, based on actual field quantities. Delete bid Item A-7, Trench Dewatering; the trench dewatering was not required. Decrease in Bid Item C-5, Misc. Pipe Replacement, based on actual field quantities. Decrease in Bid Item C-6, Demo, Remove, and Replace Misc. Concrete Surface Improvements in kind not shown on plans, based on actual field quantities. City staff requested Schedule "F" of the contract to be deleted in its entirety at the beginning of the project. Delete bid Item G-11, Additive Alternative-New Street Light Pole, Foundation and Fixture as required by Engineer; the additive alternative was not required. . Project:# 6608, Northwest Storm Drain, Misc. Water Valve Replacement, Pavement Management, Village Decorative Lighting (Grand Ave.) Change Order No. 1 Item 9: The Grand Ave. Storm Drain Project is centered in the downtown village area. The project consisted of installing a large diameter storm drain pipe in Grand Ave. from State St. to Jefferson, electrical upgrades and a complete roadway restoration. The work had to be completed during the summer in order to avoid the rainy season. Completing the project as early as possible was imperative because the summer is the busiest time for the downtown village area. In an effort to expedite the completion of this project, city staff incorporated reverse liquidated damages @$1,000.00/ day to the contractor to accelerate the project work. The contractor was able to complete the project 39 days early. COST ACCOUNTING SUMMARY: Original contract amount $1,637,270.00 Total amount this C/0 -$156, 100.18 Total amount of previous C/O's $0.00 Total C/O's to date -$156, 100.18 New Contract Amount $1,481,169.82 Total C/O's as% of original contract -9.53% Continqencv amount encumbered $250,000.00 Contingency increase I decrease $0.00 Continqencv Subtotal $250,000.00 Total C/O's to date -$156,100.18 Contingency balance $406,100.18 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 PROJECT: #6608, Northwest Storm Drain, Misc. Water Valve Replacement, Pavement Management, Village Decorative Lighting (Grand Ave.) CONTRACT NO. 6608 P.O. NO. P130124 ACCOUNT NO. /660829066, /501919066, /600129066, /401619066, 1626357-7242 CONTRACTOR: Palm Engineering Construction Co .• Inc. ADDRESS: 7330 Opportunity Road, Suite J San Diego, CA 92111 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1 : Increase Bid Item G-12, Rapid Rectangular Flashing Beacon, by 1 EA@ $3,125.00 EA. Increase to contract cost. ................................................................. $3,125.00 Item 2 : Increase Bid Item D-1, 2" Grind and Overlay, by $7,090.99 at agreed upon price for completing the paving at night. Increase to contract cost. ................................................................. $7,090.99 Item 3 : Decrease Bid Item A-5, Utility Relocations, by $19,111.28 per lump sum. Decrease to contract cost. ............................................................ ($19,111.28) Project: # 6608, Northwest Storm Drain, Misc. Water Valve Replacement, Pavement Management, Village Decorative Lighting {Grand Ave.) Change Order No. 1 Item 4: Delete Bid Item A-7, Trench Dewatering. Decrease to contract cost. ............................................................ ($10,000.00) • Item 5 : Decrease Bid Item C-5, Miscellaneous Pipe Replacement (if necessary), by $2,245.08 per lump sum. Decrease to contract cost.. ........................................................ ·02,245.080 Item 6: Decrease Bid Item C-6, Demo, Remove, and Replace Miscellaneous Concrete Surface Improvements in kind, by $8,454.81 per lump sum. Decrease to contract cost. .............................................................. ($8,454.81) Item 7 : Delete Schedule "F", Fiber Optic Conduit. Decrease to contract cost.. ........................................................... ($92,505.00) Item 8 : Delete Bid Item G-11, Additive Alternative-New Street Light Pole, Foundation and Fixture as required by Engineer. Decrease to contract cost. ............................................................ ($70,000.00) Item 9 : Increase to contract for reverse liquidated damages to the accelerated schedule. The negotiated price was @ $1,000.00 I day for 39 (thirty nine) days. Increase to contract cost. ............................................................... $39,000.00 TOTAL DECREASE TO CONTRACT COST ............................................... ($153,100.18) Project: # 6608, Northwest Storm Drain, Misc. Water Valve Replacement, Pavement Management, Village Decorative Lighting (Grand Ave.) Change Order No. 1 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE INCREASED AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: APPROVED BY: ~ ,--,-_ ~ 1:•LVE ~CTS MAN GE(DATE) -B2B Whfiax, ~ CITY MANAGER/ MAYOR ~'1V\'y \ b if ( r, DEARTMEHEAD (DTE) f{~ ~ /o~ol!S' FINANCE DIRECTOR (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR, DEPUTY DIRECTOR DESIGN (DATE) L c/2:i:i t'- (DATE>) TABLE OF CONTENTS Item Page Notice Inviting Bids 8 Contractor's Proposal 12 Bid Security Form 25 Bidder's Bond to Accompany Proposal 26 Guide for Completing the "Designation Of Subcontractors" Form 28 Designation of Subcontractor and Amount of Subcontractor's Bid Items 30 Bidder's Statement of Technical Ability and Experience 31 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 32 Bidder's Statement Re Debarment 33 Bidder's Disclosure of Discipline Record 34 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid 36 Contract Public Works 37 Labor and Materials Bond 43 Faithful Performance/Warranty Bond 45 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 47 Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 2 of 173 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 50 1-2 Definitions 51 1-3 Abbreviations 55 1-4 Units of Measure 58 1- 5 Symbols 59 Section 2 Scope and Control of The Work 2- 1 Award and Execution of Contract 60 2-2 Assignment 60 2-3 Subcontracts 60 2-4 Contract Bonds 61 2-5 Plans and Specifications 63 2-6 Work to be Done 66 2-7 Subsurface Data 66 2-8 Right-of-Way 66 2-9 Sun/eying 67 2-10 Authority of Board and Engineer 71 2- 11 Inspection Zl Section 3 Changes in Work 3- 1 Changes Requested by the Contractor 72 3-2 Changes Initiated by the Agency 72 3-3 Extra Work 73 3-4 Changed Conditions 76 3- 5 Disputed Work 77 Section 4 Control of Materials 4- 1 Materials and Workmanship 81 4- 2 Materials Transportation, Handling and Storage 85 Section 5 Utilities 5- 1 Location 86 5-2 Protection 86 5-3 Removal 87 5-4 Relocation 87 5-5 Delays 88 5- 6 Cooperation 88 Section 6 Prosecution, Progress and Acceptance of the Work 6- 1 Construction Schedule and Commencement of Work 89 6-2 Prosecution of Work 94 6-3 Suspension of Work 95 6-4 Default by Contractor 96 6-5 Termination of Contract 96 6-6 Delays and Extensions of Time 97 6-7 Time of Completion 97 6-8 Completion, Acceptance, and Warranty 99 6-9 Liquidated Damages 99 6-10 Use of Improvement During Construction 99 Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 3 of 173 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 101 7-2 Labor 101 7-3 Liability I nsu ranee 101 7-4 Workers'Compensation Insurance 101 7-5 Permits 102 7-6 The Contractor's Representative 103 7-7 Cooperation and Collateral Work 103 7-8 Project Site Maintenance 104 7-9 Protection and Restoration of Existing Improvements 106 7-10 Public Convenience and Safety 106 7-11 Patent Fees or Royalties 113 7-12 Advertising 113 7-13 Laws to be Observed 113 7- 14 Antitrust Claims 114 Section 8 Facilities for Agency Personnel 8- 1 General 115 Section 9 Measurement and Payment 9- 1 Measurement of Quantities for Unit Price Work 115 9-2 Lump Sum Work 115 9-3 Payment 115 Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 4 of 173 Pages SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC PART 2 Construction Materials Section 200 Rock Materials 200-1 Rock Products 132 200- 2 Untreated Base Materials 133 Section 201 Concrete, Mortar and Related Materials 201- 1 Portland Cement Concrete 135 201 -3 Expansion Joint Filler and Joint Sealants 137 Section 203 Bituminous Materials 203-6 Asphalt Concrete 138 203- 11 Asphalt Rubber Hot Mix (ARHM) Wet Process 139 Section 204 Lumber and Treatment with Presen/atives 204- 1 Lumber and Plywood 139 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs 139 206-8 Light Gage Steel Tubing and Connectors 142 206- 9 Portable Changeable Message Sign 143 Section 207 Pipe 207- 2 Reinforced Concrete Pipe 144 207-9 Iron Pipe and Fittings 144 207-10 Steel Pipe 144 207-25 Underground Utility Marking Tape 145 Section 209 Electrical Components 146 Section 210 Paint and Protective Coatings 210-1 Paint 146 210-3 Galvanizing 147 Section 212 Landscape and Irrigation Materials 148 Section 213 Engineering Fabrics 213-2 Geotextiles 148 213- 3 Erosion Control Specialties 148 Section 214 Pavement Markers 214- 5 Reflective Pavement Markers 148 Section 215 Fencing 215- 1 Environmental Fencing 149 Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 5 of 173 Pages PARTS Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 151 300-2 Unclassified Excavation 151 300-3 Structure Excavation and Backfill 152 300-4 Unclassified Fill 153 300-5 Borrow Excavation 154 300-9 Geotextiles for Erosion Control and Water Pollution Control 154 300- 13 Storm Water Pollution Prevention Plan 155 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301- 1 Subgrade Preparation 156 Section 302 Roadway Surfacing 302- 5 Asphalt Concrete Pavement 158 302- 11 Asphalt Pavement Repairs and Remediation 159 Section 303 Concrete and Masonry Construction. 303- 1 Concrete Structures 161 303-2 Air-Placed Concrete 161 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways 161 303-6 Stamped Concrete 161 Section 306 Underground Conduit Construction 306-1 Open Trench Operations 161 306-5 Abandonment of Conduits and Structures 165 Section 307 Street Lighting and Traffic Signals 165 Section 308 Landscape and Irrigation Installation 308-2 Earthwork and Topsoil Placement 165 308-4 Planting 166 Section 310 Painting 310-5 Painting Various Surfaces 168 310-7 Permanent Signing 169 Section 312 Pavement Marker Placement and Removal 312- 1 Placement 169 Section 313 Temporary Traffic Control Devices 313- 1 Temporary Traffic Pavement Markers 170 313-2 Temporary Traffic Signing 170 313-3 Temporary Railing (Type K) and Crash Cushions 171 313-4 Measurement and Payment 172 PART 6 Modified Asphalt, Pavement and Processes 600-3 Rubberized Emulsion - Aggregate Slurry 173 Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 6 of 173 Pages TECHNICAL SPECIFICATIONS DIVISION 02 - SITE WORK 02060 02810 Demolition of Asbestos Concrete Pipe (ACP) Landscape Irrigation Systems DIVISION 09 - FINISHES 09902 Petrolatum Wax Tape Coating (completed by City std.) DIVISION 15 - MECHANICAL 15000 15041 15044 15059 15061 15074 15092 15099 15100 15108 15139 General Piping System and Appurtenances Disinfection of Piping Hydrostatic Testing of Pressure Pipelines Water Meter Cement-Mortar Lined and Coated Steel Pipe and Specials Blowoff Assemblies Miscellaneous Couplings, Pipe and Appurtenances Process Valves, Regulators and Miscellaneous Valves Resilient Wedge Gate Valves (RWGV's) Air Release Valve, Air and Vacuum Valve and Combination Air Valve Assem- blies (Sewage Air Release Valve?) Fire Hydrants APPENDICIES Appendix A Door Hanger Appendix B Permit Exemptions Appendix C Standard Form Tier 1 Storm Water Pollution Prevention Plan Appendix D Potholing Reports Appendix E Storm Drain Inlet Stencil Appendix F Standard Traffic Control Plan Appendix G Village Events Appendix H Standard Drawings Appendix I Striping Plans for Madison Street South of Grand Avenue Appendix J City of Carisbad Standard Notes Signing and Striping Plans.. Appendix K NCTD Draft Work Plan Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 7 of 173 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON DECEMBER 30, 2014, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VILLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608, 5019, 6001, 4016 BID NO. PWS15-44UTIL INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the ternis of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain vatid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a fonn and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Con- tract. 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 underthis section in an amount not less than $100,000 per contract. The City of Carfsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been deban-ed 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 ap- proved by the City Council of the City of Carlsbad on file with the Engineering Department. The spec- ifications for the work include City of Carlsbad Technical Specifications and the Standard Specifica- tions for Public Wori<s Construction. Parts 2 & 3. all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and descrip- tion of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. Revised 1/30/13 Contract No.6608, 5019,6001,4016 (Grand Avenue) Page 8 of 173 Pages BID DOCUMENTS The bid documents comprise the following documents which must be completed and properiy exe- cuted including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are ap- proximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $1.350.000 (one million three hundred and fifty thousand dollars) TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE UCENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a con- tractor 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 properiy licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classificafions are acceptable for this contract: Class A - General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cash- ier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carisbad, California 92008- 7314, for a non-refundable fee of $ 45.00 (forty five dollars) per set. If plans and specifications are to be mailed, the cost for postage should be added. , INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, spec- ifications or other contract documents, or finds discrepancies in or omissions from the drawings and Revised 1/30/13 Contract No.6608, 5019,6001,4016 (Grand Avenue) Page 9 of 173 Pages specifications may submit to the Engineer a written request for clarification or con-ection. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpreta- tion of any provision in the contract documents will be given by any agent, employee or con- tractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on direc- tions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carisbad reserves the right to reject any or all bids and to waive any minor irtegularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relafions pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to secfion 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office ofthe 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 execufion 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 Subcon- tracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of secfion 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall appiy to the Contract for work. MANDATORY PRE BID MEETING A mandatory pre-bid meeting and tour of the project site will be held at 10:00AM Thursday, December 11, 2014. The location of the pre-bid meeting will be the northeast corner of Grand Avenue and Madison Street. BIDDERS INQUIRIES Bidders inquires will be UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejecfion of bid. ••^ Revised 1/30/13 Contract No.6608, 5019, 6001,4016 (Grand Avenue) Page 10 of 173 Pages V,. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful perfomiance and wan-anty of the wori< 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 earner 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, ofthe 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 quarteriy statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover anv vehicle used in, the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condifion is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award ofthe contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within hwenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carisbad Business License for the duration of the contract. Approved by the City Council ofthe City of Carisbad, California, by Resolution No. 2014-265, adopted on the 18**^ day of November, 2014. November 24, 2014 Date Deputy Cfty Clerk Revised 1/30/13 Contract No.6608, 5019,6001,4016 (Grand Avenue) Page 11 of 173 Pages CITY OF CARLSBAD c NORTHWEST STORM DRAIN, MiSC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VILLAGE DECORATIVE LIGHTING (GRAND AVENUE) CONTRACT NO. 6608, 5019,6001,4016 CONTRACTOR'SPW^P®Ssftl«ED AND RECORDED; City Council City of Carisbad 1200 Carisbad Village Drive Carisbad, Califomia 92008 The undesigned declares he/she has carefully examined the location of the worit, read the Notfce Inviting Bids, examined the Plans, Speclfteatlons, General Provistons, Contract Documents, and ad- denda thereto, and hereby proposes to fumish all labor, materials, equipment, transportatton. and servtoes required to do all the wori< to complete Contract No. 6608,5019,60O1,4016 in accordance with the Plans, Speciftoations, General Prowsions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" GENERAL Item No. Description A-1 Mobilizatton (No more than 10%) ^Mg rivkmiean) FT Pr^ (Price in Words) A-2 Constmction Schedule at Eleven Thousand Dollars (Price in Words) A-3 Water Pollution Control In- cluding Daily Street Sweep- ing Approximate Quantity And Unit Unit Price (Ftaures^ Total Amount (Figures) 1 LS iS ^SO,dOV $ \S0^(]0O LS Stipulated Amount $11.000 1LS $11.000 ice in W A-4 (Price in Words) Potholing and Ufility Coordination Ti4iRrv/fiv!:rTH^l;.^Nh 1LS ^^^,00 O {Price in Words) Revised 1/30/13 Contract No.6608,5019,6001,4016 (Grand Avenue) Page 12 of 173 Pages /^proximate Item Quantity UnitPrice Total Amount No. Description And Unit (Figures) (Roures) A-5 Utility Relocattons LS $25.000 $25.000 Twenty-Five Thousand Stipulated Dollars Amount (Unit Price in Words) A-6 Record Drawings 1 LS $ $ "^WO (Price in Words) A-7 Trench Dewater at LS $10.000 $10.000 Ten Thousand Dollars Stipulated Amount (Price in Words) Total amount of bkJ in words for Schedule "A": TWO tiuKiD^QD T^lW J)M^BI^ Total amount of bid in numbers for Schedule "A": $_2U3J2DI2 SCHEDULE "B" 6608 Grand Avenue Storm Drain Approximate Item Quantity UnitPrice Total Amount No. Description and Unit (Ftaures) fRoures) B-1 48" RCP Stonn Drain Pipe 850 LF $ ^ $ ^IS^QOQ B-2 36" RCP Stonn Drain Pipe 280 LF $ $ ^^^MOQ (Unit Price m Words) B-3 24" RCP Stomi Drain Pipe 50 LF $ $ ^Z-.^O TWO H\MX2BP fl7RTv/ (Unit Price in Words) B-4 18" RCP Stonn Drain Pipe 80 LF $ $ ^i^^^ (Unit Price in Words) B-5 Type B Curb Inlet (SDRSD D-2) 4EA $ ^S>0O $ Revised 1/30/13 Contract No.6608,5019,6001,4016 (Grand Avenue) Page 13 of 173 Pages c Approximate Item Quantity UnitPrice Total Amount No. Description and Unit (Figures) (Figures) (Unit Price in Words) B-6 Type A Curia Inlet (SDRSD D-1) kUKJETttPUS^IV/D jy)LU^C (Unit Price in Words) 1 EA $ %0O $_W0_ B-7 Type B5 Stomi Drain Cleanout 6EA $ (^^^0 $ ibpOP (SDRSD D-10) (Unit Price in Words) B-8 Trench Resurfacing, Per City of Carisbad Standard Drawing G^26 1.200 LF $ IP $iM££. (Unit Price in Words) Trench Shoring B-9 Trench Shoring 1,200 LF $ [2 $ (Unit Price in Words) B-10 Demo Existing Curb & Gutter 400 LF SIX VfllU^S (Unit Price in Words) 6" Curb & Gutter (SDI (Unit Price in Words) B-12 Sidewalk Removal and 175 LF Disposal (Unit Price in Words) B-11 6" Curb & Gutter (SDRSD G-2) 400 LF $ $ 'y^^ ^ $ 3SD Revised 1/30/13 Contract No.6608,5019,6001,4016 (Grand Avenue) Page 14 of 173 Pages B-13 Sidewalk 175 SF $ T $. Approximate Item Quantity UnitPrice Total Amount No. Description - and Unit (Figures) (Figures) gf(9HT m\Jt^'^ (Price in Words) 1500 . I5CD B-14 Tree Removal 1 EA $ I $. Drain (Unit Price in Words) B-16 Sign Retocation 2EA $_ (^rfcehiWords) TWgLvrTHx>US/\KiO (Unit Price in Words) B-19 Fire Hydrant Relocation 1 EA {Price in Words) (Unit Price in Words) B-15 Connect to Existing Stomi 6 EA $ ^OO $—^SOD 200 , %0 ir,oob . 22,000 (Unit Price in Words) B- Utility Relocation - Water Main 1 EA $_ 17A STA 4+91.41 (Unit Price In Words) B- Utility Retocation-Water Main 1 EA $_J5i5^^ $ ^^/^^^ 17B STA 5+22.40 (Price in Words) B- Utility Relocatton- Water Main 17C STA 12+79.44 1 EA $_Z?L^ $. XlOOO B-18 Replace Signing and Striping 1 LS $ i! $—^^€0 \2,000 . 12,00 O Revised 1/30/13 Contract No.6608,5019,6001,4016 (Grand Avenue) Page 15 of 173 Pages Item No. B-20 Description Demo and Remove SD Inlet TWg -msNjQ Wilms mM Approximate Quantity and Unit 4EA $. Unit Price (Ftoures) 7J0OO (Price in Words) B-21 Demo and Remove Existing SD 60 LF $_ Pipe (Price in Words) B-22 Demo and Remove Existing SD 1 EA Manhole (Price in Words) B-23 Remove and Replace Pavers 140 LF and Decorative Concrete Strip 2& $_ 2-0^0 $. 20 looo $_ $_ 2W0 $ Total /Amount (Figures) $_ 2X)0O mo $- (Price in Words) B-24 Connect to Existing Storni 1 LS Drain (Pnce in Words) B-25 Traffto Control 1 LS TgKl THt?l/SAMP (Price in Words) B-26 Post Constmction CCTV & 1 LS (Price in Words) IWamount of bid in words for Sdiedute "B": ^a/EK/ HVMPRED Kilfy/gT/ THI^ Total amount of bid in numbers for Schedule "B": $. $. Schedule 0-5019- Grand Avenue Potable Water Improvements Revised 1/30/13 Contract No.6608,5019,6001,4016 (Grand Avenue) Page 16 of 173 Pages Item No. C-1 C-2 C-3 C-4 C-5 C-6 Description Demo, Remove, and Replace Existing Water Valve (Assume 10") i4i;k]bfcED ly;UiVgs. Approximate Quantity and Unit Unit Price (Figures) 16 EA $_5_SD£I Demo, Remove, and Replace Existing Water Valve (Assume (Unit Price in Words) Demo, Remove, and Replace Exisfing Water Sendee and Me- ter (Unit Price in Words) Trench Resurfacing, Per City of Carisbad Standard Drawing (Unit Price in Words) Miscellaneous Pipe Replace- ment (if necessary) Twenty Thousand Dollars (Unit Price in Words) Demo, Remove, and Replace Miscellaneous Concrete Sur- face Improvements in Kind SEA 300D 9EA $_ 500 LF $_ 20 STIPULATED $ 20.000 1 LS \bOOO (Unit Price in Words) Total amount of bid in words for Sdiedule "C": HUKiJ)PgD-^»><Ty -fH-(it)SAMf\ &/:j+rl4iJkir)<^0D hn\f<^JL Total Amount (Figures) $ ^00(1 $_ $. I OOOO $ 20.000 \SVOO Total amount of bid in numbers for Schedule "C: $ 1 (o7/ Bid Schedule D - 6011- Grand Avenue Pavement Management Program Revised 1/30/13 Contract No.6608,5019.6001.4016 (Grand Avenue) Page 17 of 173 Pages Approximate Item Quantity UnitPrice Total Amount No. Description and Unit (Figures) (Figures) D-1 2" Grind and Overiay 73.000 SF $ \Jia $ ^2 ^^gfQ /?Kirr>oiLAgLc5t^Eivm/ D-2 Replace Signing Striping In Kind and Refresh Striping 50 Linear Feet into Each Intersec- tion 1 LS $ '2,ooc? $ n.ooQ (Unit Price in Words) D-3 Adjust Manholes and Valves as 6EA $ ^QO $— Necessary (Unit Price in Words) _ Total amount of bid in words for Schedule 'rr^-W^r^ g^E HONJQPgD ft)^V JW^) Total amount of bid in numbers for Schedule "D": $ 14 "^/^^ Bid Schedule E - 4016 - Grand Avenue Decorative Light Conduit /^proximate Item Quantity UnitPrice Total Amount No. Description and Unit (Roures) (FiqMf^S) E-1 Fumish and Install 3" PVC Con- 300 LF $_ duit arid Pull Rope (Unit Price in Words) E-2 Fumish and Install #6 Pull Box 4EA $_J^jS $ ^ — Sr^yAnrU^A (Unit Price in Words) E-3 Remove and Replace Decora- 1 LS $_±!:—i $ tive Pavers ^ (Unit Pricein Words) (Unit Pricein Words) Revised 1/30/13 Contract No.6608.5019,6001.4016 (Grand Avenue) Page 18 of 173 Pages Item No. Description E-4 Sidewalk Repair (Unit Price in Words) E-5 Traffto Control Approximate Quantity and Unit Unit Price (Figures) 1 LS $ ICOO Totel Amount (Figures) $ -TOPO 1 LS $ $_A^2^ ^v<>rth 7-f^\tg^ r\£^y^YS (Unit Price'in Words) E-6 Mobilization ^t^TP./^u(1; (Unit Price in Worda^ 1 LS $_ie2SO_ $ U7£?0 TotaLamourrt of bid in words for Schedule" Total amount of bid in numbers for Schedule "E": $. Bid Schedule F - Fund 001-Grand Avenue Fiber Optic Conduit Item No. F-1 Description Approximate Quantity and Unit Fumish and Install 3" PVC Con- 1,300 LF duit with Tracer Wire and Pull Rope UnitPrice (Figures) $ 50 Total Amount (Ftaures) $ \n<0,CDO (Unit Price in Words) F-2 Fumish and Install #6 Pull Box 2EA $. $-lr)30 (Unit Price in Words) F-3 Fumish and Install Fiber Optic Comm Vault w/Extension (Unit Price in Words) J 3EA $_3i2e Revised 1/30/13 Contract No.6608,5019,6001,4016 (Grand Avenue) Page 19 of 173 Pages Item Approximate Quantity Unit Price Total Amount No. Description and Unit (Figures) (Figures) F-4 Remove and Replace Decora- 1 LS $_Ei^OD- $—VSvCCO tive Paver and Decorative Con- crete Strip (Unit Price in Words) F-5 Skiewalk Repair 1 LS %X^^Q_ (Unit Price in Words) vJ F-6 Traffto Control ILS $ (jp^^ $— (Unit Price in Words) <A^\c\v^ F-7 Mobilization ILS $ $ (Unit Price in Words) Total arj^rtof b^ ir^gsforS^ti^ule "P:. Total amount of bid in numbers for Schedule "F: $_ Bid Schedule G - Fund 162- Grand Avenue Street Lightening Approximate Item Quantity UnitPrice Total Amount^ No. Description and Unit (Ftaures) jElgUESSl' G-1 Fumish and Install 3" PVC Con- 1.000 LF $ _ ^ duit and Pull Rope (Unit Prtoe in Words) G-2 Fumish and Install #5 Pull Box 5EA $ $_ (Unit Price in yVofds) G-3 Fumish and Install #6 Pull Box 11 EA $ $_ (Unit Price in Words) ^© Revised 1/30/13 Contract No.6608,5019,6001,4016 (Grand Avenue) Page 20 of 173 Pages Item No. G-4 Description Fumish and Install Type lll-C Dual Meter Service Pedestal Approximate Quantity and Unit 1 EA Unit Price (Figures) $_ Total Amount (Figures) $ G-5 (Unit Price in Words) Remove and Salvage Existing Sen/ice Cabinet 1 EA $_ (Unit Price in Words) G-6 Fumish and Install #10 AWG Copper Wire 1 LS $. $_ (Unit Price in Words) G-7 Remove and Replace Pavers and Decorative Concrete Strip 1 LS $_ $_ (Unit Price in Words) G-8 Sidewalk Repair 1 LS $_ $_ (Unit Price in Words) G-9 Traffto Control 1 LS $_ $_ (Unit Price in Words) G-10 Mobilization 1 LS (Unit Price in Words) Revised 1/30/13 Contract No.6608,5019,6001,4016 (Grand Avenue) Page 21 of 173 Pages Bid Schedule G - Fund 162- Grand Avenue Street Lighting Item No. G-1 G-2 G-3 G-4 G-5 G-6 G-7 Approximate Quantity and Unit 1,000 LF $ Description Furnish and Install 3" PVC Conduit and Pull Rope (Unit Price in Words) Furnish and Install #5 Pull Box 5 EA (Unit Price in Words) Furnish and Install #6 Pull Box 11 EA (Unit Price in Words) Furnish and Install Type lll-C 1 EA Dual Meter Service Pedestal (Unit Price in Words) Remove and Salvage Existing 1 EA Service Cabinet (Unit Price in Words) Fumish and Install #10 AWG 1 LS Copper Wire (Unit Price inWordi) Remove and Replace Pavers and Decorative Concrete Strip (Unit Price in Words) 1 LS Unit Price (Figures) 50 3T5 "7500 4X9 312.& dooo Total Amount (Figures) t 900 oo G25 3I2S Contract No. 6608, 5019, 6001, 4016/Bid No. PWS15-44UTIL Addendum No. 1 Page 3 of 4 W Approximate if!" ^ . Quantity UnitPrice Total Amount r% ciiHo«,=.. S^^^^ ^"d Unit (Figures) (Ftaures) G-8 Sidewalk Repair 1 LS $__^^_ (Unit Price in Words) G-9 Traffic Control 1 LS $ ipIS ^ CpjS (Unit Price in Words) G-10 Mobilization 1 LS $ ^2S $ (Unit Price in Words) G-11 Additive Aitemative - New Stipulated $ 70.000 $ 70 000 Street Light Pole, Foundation * ' and Fixture as required by Engineer Seventy thousand dollars (Unit Price in Words) G-12 Install City Fumished Rapta 3 EA $ 3\2S $ ^"^1^ Rectangular Flashing Beacon Assembly (Unit Price in Words) G-13 Install City Furnished 2 EA $_J250_ $ TSOQ Pedestrian Push Button Pole (Unit Price in Words) Total amourit of bid inwords for Schedule "G": QM^T IjyKiDTO) TtJt)USAt4 h ^ Total amount of bid in numbers for Schedule "G": $ l^OflVD Contract No. 6608, 5019, 6001, 4016/Bta No. PWS15-44UTIL Addendum No.l Page 4 of 4 c Approximate Item Quantity UnitPrice Total Amount No. Description and Unit (Rgures) (Fiqtires) G-11 Additive Aitemative - New Stipulated $ 70 000 $ 70.000 Street Light Pole, Foundation and Fixture as required by En- gineer Seventythousand dollars --^hlt Price in Words) 3 Total amount of bid in words for Schedule t3": Totgl^roount of bid In numbers for Schedule "G": $_ Total amount of bid in words including Schedule "A", Schedule "B", Schedule "C, Schedule "D", Total amount of bid in numbers including Schedule "A", Schedule "B", Schedule "C", Schedule "D", Schedule "E", Schedule "P. and Schedule "G" $ (^(^37^^70 The basis of award will be tiie sum of Schedule "A". Schedule "B". Schedute "C", Schedule "D", Sched- ule "P, Schedule "P, and Schedute "G". Price(s) given above are finn for 90 days after date of bid opening. Addendum (a) No(s). J has/have been received and is/are included in this pro- posal. 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 bW. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies withifi twenty (20) days from the date of award of Contract by the City Council of the City of Carisbad, 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 Itoensed to do business or act in the capacity of a contractor within the State of Califomia, validly Itoensed under license number ^?3<^^g> , classiftoatfon A.B^C^7. OiQ whtoh expires on 2^Zg|7-0|C, ^ and that this statement is tme and correct and has the legal effect of an affidavit. A bta sutMmitted to the City by a Contractor who is not licensed as a contractor pursuantto 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 bkl submitted shall be invalkiated by the failure of tiie bidder to be licensed in accordance with Califomia law. However, at the time the contract is awarded, tiie contractor shall be properiy licensed. The Undersigned bidder hereby represents as follows: Revised 1/30/13 Contiact No.6608,5019,6001,4016 (Grand Avenue) Page 22 of 173 Pages Public Work's Contractor Registration Search Page 1 of 1 Division of Labor Standards Enforcement Public Worlds Contractor Registration Search This is a listing of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1(commencing with section 1720) ofthe Califomia Labor Code. Enter at least one search criteha to display active registered public works contractor(s) matching your selections. Registration Number: Contractor Legai Name: Contractor License Lookup License Number: 853930 Search I. Reset; Public Works Contractor Registration Web Search Resuits One Registered Contractor found. 1 Legal Name Registration Number License Type/Number(s) Registration Date Expiration Date PALM ENGINEERING CONSTRUCTION COi«IPANY INC 1000003218 CSLB:853930 11/26/2014 06/30/2015 Export as: Excel | PDF ( opvriglU •' 2014 .Stall" of ( alifornia https://efiling.dir.ca.gov/PWCR/Search.action 2/12/2015 Zheck A License - License Detail - Contractors State License Board Page 1 of^ Contractor's License Detail for License # 853930 DISCLAIMER: A license status check provides infomiation taken from the CSLB license database. Before relying on this information, you should be aware of the foiiowing limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity Is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant infbrmation that has not yet been entered onto the Board's license database. Business Information PALM ENGINEERING CONSTRUCTION COMPANY INC 7330 OPPORTUNITY RD #J SAN DIEGO, CA 92111 Business Phone Number:(619) 291-1495 Entity Corporation Issue Date 02/01/2005 Expire Date 02/28/2015 License Status This license is current and active. All information below should be reviewed. Classifications A - GENERAL ENGINEERING CONTRACTOR B - GENERAL BUILDING CONTRACTOR C27 - LANDSCAPING CIO - ELECTRICAL Bonding Information Contractor's Bond [This license filed a Contractor's Bond witii AMERICAN SAFETY CASUALTY INSURANCE COMPANY. {Bond Number: 407530 {Bond Amount: $12,500 jEffective Date: 01/27/2013 Contractor^s^ond History _ _ Bond of Qualifying Individual The Responsible Managing Officer (RMO) SHAHB/\ZI-DASTJERDI RASOUL certified that he/she owns 10 percent or more ofthe voting stocl^/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 06/29/2012 BQI's Bond History Workers' Compensation his license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9077691 Effective Date: 11/01/2013 Expire Date: 11/01/2015 Workers' Compensation History ittps://www2.cslb.ca.gov/onlineservices/chec]dicenseII/LicenseDetaiLaspx?LicNum=853930 12/30/201' 1. That no Council member, officer agent, or emptoyee of the City of Carisbad is personally inter- ested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no repre- sentation, oral or in writing, of the City Council, its officers, agents, or employees has inducted hhn/her to enter into this Contract, excepting only those contained in this fonn of Contract and tiie papers made a part hereof by its tenns; and 2. That this bid is made without connection with any person, finn, or corporation making a bid for the same worit, and is in all respects fair and witiiout collusion or fraud. Accompanying ttiis proposal is BOtoP (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of secfen 3700 of tiie Labor Code which requires every employer to be insured against liability for wori<ers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before com- mencing the performance of ttie wori< of ttiis Contract and continue to comply until the contract is complete. The Undersigned is aware of ttie provistons of the Labor Code, Part 7, Chapter 1, Article 2, relative to ttie general prevailing rate of wages for each craft or type of wori<er needed to execute ttie 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 ^lf\ (Street and Number) City and State ^Ih (4) Zip Code Telephone No. (5) E-Mail N/^ IF A PARTNERSHIP. SIGN HERE: (1) Name under whtoh business is condiK^ed (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business Ni/A City and State __bl/A_ (Street and Number) (4) Zip Code ^/ Telephone No. (5) E-Mail N /A- Revised 1/30/13 Contiact No.6608.5019,6001,4016 (Grand Avenue) Page 23 of 173 Pages W IF A CORPORATION. SIGN HERE (1) Nameunderwhichbusinessisconducted ?f^^ ^^^^ ^^Qr^^cyc^ (2) ^ (Signature) l^&lpeKJT (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of <^^lFgeMi/^ (4) Place of Business 733(7 OPPOt^ONITy Rmp, <SUtTe T (Street and Number) City and State ^ . (5) Zip Code ^^'H Telephone No. fet^^-^^l- 'M^^^ (6) E-Mail RO^^ ® Yf\\M0^G^\k}'S^\t^OCo.caM NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vtoe president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Revised 1/30/13 Contract No.6608.5019.6001.4016 (Grand Avenue) Page 24 of 173 Pages state of California County of.S^n X)\(P^J) ^"CALIFORNIA ALL-PURPOS-E CERTlhCATE OF ACKNOWLEDGMENT personally appeared _ who proved to me on the basis, of satisfactory evidence to be the person(s) whose name(sG^are subscribed to the within instrument and acknowledged to me thatQshe/they executed the same inChg^her/their authorized capacity(ies), and that by(g^her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu — MARGARITA AMINE T Commission # 2017768. t Notary Public - California 1 San Oiego County g My Comm. Expires Apr 5, 20171 w w m m 9 m m ii 9 m m m w wK (Seal; • OPTIONAL INFOmATION ^. • • ^ ira^ hK, in\A/it rniild orevent fraudulent removaland reattachment of this Although the information in this section ^lot required by law it co^^^^ the attached document, acknowledgmentto an unauthorized document and may prove userui LU fjt^i:>un:, iciy y Description of Attacined Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of . ^ containing pages, and dated The signer(s) capacity or authority is/are as: • Individual(s) • Attorney-in-Fact • Corporate Officer(s) ' Tit:e(s) t o Quardian/Conservator • Partner - Limited/General Q Trustee(s) • other: representing: Name(s) of Person(s) or Entlty(ies) Signer is l?epresenting Method of Signer Identification Proved to me on the basis of satisfactory evidence; L-O form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: ' Page# - Entry* Notary contact: Other Q Additional Signer(s) [~1 Signer(s)Thumbprint(s) ^'mmr' BID SECURITY FORM ^/A. (Check to Accompany Bid) NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT. PAVEMENT MANAGEMENT, VILLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608, 5019,6001,4016 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashters 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 ttie bkl. The proceeds of ttiis check shall become ttie property of ttie City provided this proposal shall be accepted by ttie City through actton of its legally constituted contracting auttiorities and ttie undersigned shall fail to execute a contract and fumish ttie required Perfomfiance. Wananty and Payment Bonds and proof of insurance coverage wittiin ttie stipulated time; othenwise, the check shall be retumed to ttie undersigned. The proceeds of ttiis check shall also become ttie property of the City if ttie undersigned shall wittidraw his or her bto within the period of fifteen (15) days after the date set for ttie opening ttiereof. unless ottienwse re- quired by law, and notwithstanding ttie award of ttie contract to another bidder. BIDDER *Del6te tira inapplicable word. (NOTE: If ttie Bidder desires to use a bond instead of check, tt» BW Bond form on ttie following pages shall be executed-ttie sum of ttiis bond shall be not less ttian ten percent (10%) of ttie total amount of ttie bid.) Revised 1/30/13 Contract No.6608.5019.6001,4016 (Grand Avenue) Page 25 of 173 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL NORTHWEST STORM DRAIN, MISC V/ATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VILLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608, 5019,6001, 4016 KNOW ALL PERSONS BY THESE PRESENTS: PALM ENGINEERING CONTRACTORS BONDING AND That we, CONSTRUCTION COMPANY, INC. . as Principal, and INSURANCE COMPANY as Surety are held and firmly bound unto the City ot Carlsbad. California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF GREATER AMOUNT BID for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, Jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VILLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608, 5019, 6001, 4016 in the City of Carlsbad, is accepted by the City Council, and if tive Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 1/30/13 Contract No.6608,5019,6001, 4016 (Grand Avenue) In the event Principal executed this bond as an individual, it is agreed that the death of Principai shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 5TH day of DECEMBER PRINCIPAL: PALM ENGINEERING CONSTRUCTION, INC. (name of Principal) By;_5L 4^ (sign here) RASODL SHAHBAZI (print name here) PRESIDENT (Title and Organization of Signatory) By: 7.|V-^^ (sign here) RASOUL SHAHBAZI (print name here) SECRETARY (titie and organization of signatory) 20 14 Executed by SURETY this. of DECEMBER 5TH • 2014 day SURETY: CONTRACTORS BONDING AND INSURANCE COMPANY (name of Surety) 111 PACIFICA, SUITE 350 IRVINE, CA 92701 (address of Surety) 949/341-9169 (telephone number of Suiety) , By: /iCiA./0- rd^A^^ (signature of Attorney-in-Fact) MARK D. lATAROLA, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL ^d SURETY must be atti (President or vice-president and secretary or assistant secrelary must sign for corporatiofS^ *'^'&* i'o'*^ -Sj^ one officer signs, the corporation must attach a resolution certified by the secretary or assismJi^/^c^ll^^^x^^^ retary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORI^: CELIA A. BREWER City Attomey Revised 1/30/13 Contract Ho.6608,5019,6001,4016 (Grand Avenue) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO } On 12/5/2014 before me, Date personally appeared MICHELLE M. BASUIL. NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. lATAROLA Name(s) of Signer(s) MICHlLLFMrBASUlT 1 COMM # 2034911 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA 2 MY COMMISSION EXPIRES AUG. 24, 2017 [ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be tlie personfe-) whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/ohc/thcy executed the same in his/hcr/thcir authorized capacity(4©s^, and that by his/hor/thoir signaturefe) on the instrument the person(s), or the entity upon behalf of which the personfe) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signatu re 'WilcA^P;?. h-^ • J^OluPQ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:_ . Number of Pages: Signer(s) Other Than Named Above:, Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. lATAROLA • Individual • Corporate Officer — Title(s): • Partner — • Limited • General Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2007 Nalionai Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chalswortln. CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 RLI cbic mn RU Company 9025 N. Lindbergh Dr. | Peoria, IL 61615 ^(•"kPhone: (800)645-2402 | Fax: (309)689-2036 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company Know All Men by These Presents: That this Power of Attomey is not vahd or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attomey may be effective and given to either or both of RLI Insurance Conipany and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Conipany, a Illinois corporation, and/or Contractors Bonding and Insurance Conipany, a Washington corporation (as apphcable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Mark D. latarola. Michelle M. Basuil. Glenda J. Roonev. John Malonev. Helen Malonev. jointly or severally in the City of. Escondido State of Califomia as Attomey in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10.000.000.00 1 for any single obligation. The acknowledgment and execution of such bond by the said Attomey in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a tme and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings. Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 5th day of November. 2014. State of Illinois County of Peoria } SS '%,>S"H;NG-< SEAL . 1979 O i O -E = On this 5th .day of_ November I ISEAL/ I \ ••• / '"liiimiK" 2014 before me, a Notary Public, personally appeared Rov C. Die who being by me duly swom, acknowledged that he signed the above Power of Attomey as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Conipany, and acknowledged said instmment to be the voluntary act and deed of said corporation. "OFFICIAL SEAL" JACQUELINE M. BOCKLER RLI Insurance Company Contractors Bonding and Insurance Company Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, and/or Contractors Bonding and Insurance Company, a Washington corporation, do hereby certify that the attached Power of Attomey is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attomey, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance ComDanv and/or Contractors Bonding, and Insurance Company this STlT .dav of DECKER 2!)^ RLI Insurance Company Contractors Bonding and Insurance Company Vice President 0456693020212 A0059913 State of California County of 5^Qn D^^O CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT on ^^^'^H, before me, j^lOVgaa:^^ personally appeared _ who proved to me on the basis, of satisfactory evidence to be the person(s) whose name(s)^re subscribed to the within instrument and acknowledged to me that (Qshe/they executed the same in (E^her/their authorized capacityOes), and that byQ'her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature MARGARITA AMINE Commission # 2017768 Notary Public - California San Diego County 1 1 Vgii^ ^ Comm. Expires Apr 5, 2017 ^ (Seal: • OPTIONAL INFORMATION Although the information in this section is not required by law. '^ould prevent fm^^^^^^ acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acl<nowledgment is attached to a document titled/for the purpose of . containing pages, and dated The signer(s) capacity or authority is/are as: Q Individual(s) • Attorney-in-Fact • Corporate Officer(s) ' Tltle(5) Q Quardian/Conservator • Partner - Limited/General O Trustee(s) • Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence; LQ form(s) of identification O credible witnessC'es) Notarial event is detailed in notary journal on: • Page # - Entry* Notary contact: other Q Additional Signer(s) [~] Signer{s) Thumbprint(s) • ' a !-:Hi ••IK; i luoH-avwi Company Profile Page 1 ofp. CALirORM^A DEPARTMENT OF INSURANCE Company Profile Company Search Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information CONTRACTORS BONDING AND INSURANCE COMPANY 9025 N. LINDBERGH DRIVE PEORIA, IL 61615 Old Company Names Effective Date CONTRACTORS BONDING AND INSURANCE COMPANY DBA CBIC BONDING AND INSURANCE COMPANY Agent For Service LISA SIRMAN 801 S. FIGUEROA STREET SUITE 200 LOS ANGELES CA 90017 Reference Information 12/31/1992 NAIC #: 37206 California Company ID #: 3000-7 Date Authorized In California: 05/31/1985 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON back to top NAIC Group List NAIC Group*: 0783 RLI INS GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE https://interactive.web.insiirance.ca.gov/companyprofile/companyprofile?event=company... 12/30/2014 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" BicWers are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder". "Contracf. "Contractor", "Contract Price", "Contract Unit Price", "Engineer". "Own Or- ganization", "Subcontractor", and "Wori<". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to detemnine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to iMrovide complete and correct infomnation may resuK in rejection of the bid as non-responsive. Any bid that proposes perfonnance of more than 50 percent of the wori< by subcontractors or otherwise to be preformed by forces other than the Bid- der'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 Proposar are not included in computing the percent- age of wori< 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 perfomn wori< or labor or render service in or about the wori< or improvement, and every subcontractor licensed as a contractor by the State of Califomia whom the Bidder proposes to specially fabricate and install any portion of the wori< or improvement according to detailed drawings (»ntained in the ptens 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 fomi mu^ be submitted as a part of the Bidder's sealed bid. F^lure to provide comolete and correct infonnation mav result in rejection of the bid as non-resoonsive. Suppliers of materials from sources outside the limits of wori< are not subcontractors. The \«lue of materials and transport of materials from sources outside the limits of wori<, 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 wori< 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 "NONF in the appropriate space. When the Bidder proposes using a Subcontracior to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor fonn. The ex- planation sheet shall cleariy apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the wori< with its own forces. Determination of the subcontraci amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of tiie contract documents and the various supplemental provisions. The decision of the City Council ^all be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perfonn wori< on a public works project pursuant to i-abor Code Sections 1771.1 or 1777.7. c Revised 1/30/13 ContracJt No.6608,5019.6001.4016 (Grand Avenue) Page 28 of 173 Pages Bidders shall make any additional copies of the disctosure fonns as may be necessary to provide the required information. The page ninnber and total number of additional form pages shall be entered in the locatton provided on each type of fonn so duplicated. Revised 1/30/13 Contract No.6608,5019.6001,4016 (Grand Avenue) Page 29 of 173 Pages O DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VIALLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608, 5019, 6001, 4016 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Wort< and that the listed subcontractors will be used to perfonn the portions of the Work as designated in this list in accordance with appiicabte provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Work by Sub- contractor in Dollars* CI?DM^(£JA, IK)C. ^ "i ibir&PANDAv/e IR ^pVKB^IK/LCT.CciOUJ PO Boy ^tfi?: Pr ^ CAU • /*-/ ' STRIP) kir SI (:j,}C f-n fV)X LfTM 1 n 1 Page _[ of [_ pages of this Subcontractor Designation fornn Pureuant lo section 4104 (a)(2)(A) Califomia Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 1/30/13 Contract No.6608,5019, 6001, 4016 (Grand Avenue) Page 30 of 173 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VIALLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608, 5019, 6001, 4016 The Bidder is required to state what work of a similar character to that included in the proposed Con- tract he/she has successfully perfonned and give references, with telephone numbers, which will en- able the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Con- tract Com- pleted Name and Address of the Employer Name and Phone No. of Person to Con- tract Type of Work Amount of Con- tract 1 Revised 1/30/13 Contract No.6608, 5019,6001, 4016 (Grand Avenue) Page 31 of 173 Pages PALM ENGINEERING CONSTRUCTION COMPANY, INC. PROJECT LIST Year Type of Work Value of Work Performed Location of Work Project Duration (Months) For Whom Performed & Contact 2009 Bowling Green (Lawn Restoration) $ 422,538.52 Coronado 3 City of Coronado Ngyra Stebbins 2009 City Hall Parking Lot $ 102,732.30 Solana Beach 3 City of Solana Beach Dan Goldberg, 858-720-2474 2010 Lakeside Riverpark $ 2,067,293.92 Lakeside 7 Lakeside Fire Protection District George Tockstein 2010 Qulncy & Wilbur Sewer $ 1,189,934.00 San Dlego 4 City of San Dlego Fahmy Rakni, 858-627-3200 2011 Descanso Avenue Box Culvert $ 449,688.00 San Marcos 5 City of San Marcos Jlra Chafe 2012 Barcelona Street Sidewalk Improvements $ 369,739.00 San Diego 6 County of San Diego Ted Kautzman, 858-694-2212 2012 Miramar College Underground $ 480,000.00 Miramar College 3 San Dlego Community College District DW Driver Contract Mgmt 2012 Nordahl & Montiel Road Improvements $ 243,408.15 San Marcos 2 City of San Marcos Perryn White, 619-850-3851 2012 Northwest Quadrant Storm Drain Improvements $ 177,937.00 Carlsbad 2 City of Carlsbad Patrick Vaughan 2012 Bayshore Bikeway Segments 7 & 8A $ 1,165,365.24 San Diego 5 SANDAG 2013 La Jolla Ecological Reserve (Storm Drain) $ 1,789,102.00 La Jolla 4 City of San Dlego Sergio Iniguez, 858-627-3200 2013 Juniper Street Improvements $ 433,795.00 San Diego 4 City of San Dlego Renato Schaffer, 858-627-3200 2013 Superloop $ 5,832,210.00 San Diego 36 SANDAG John Dorrow, 619-699-1915 2013 Talmadge EE & FF $ 617,969.25 San Dlego 6 City of San Dlego Rob Galang, 858-627-3200 2013 College Boulevard Medians $ 118,232.00 Oceanside 2 City of Oceanside Gabor Pakozdl, 760-435-5080 2014 Oak Knoll Sewer Siphon Air Jumper $ 249,240.00 Poway 5 City of Poway Melody Rocco, 858-668-4622 2014 East Orange Avenue Bike Lane $ 203,977.05 Chula Vista 5 City of Chula Vista Kalanl Camacho, 619-691-5021 2014 North Torrey Pines Roadway $ 2,278,790.00 La Jolla 5 City of San Diego Sergio Iniguez, 858-627-3200, BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VIALLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608, 5019,6001,4016 As a required part of the Bidder's proposal the Bkider must attach either of the following to this page. 1) Certificates of insurance showing confonnance with the requirements herein for each of: C3^ Comprehensive General Liability ^ Automobile Liability ^ Wori<ers Compensation ^ Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that ttie earner can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Polfcies of insurance for Comprehensive General Liability, Automobile Liability, Wort<ers Compensation and Emptoyer's Liability in confonnance with the requirements herein and Certificates of insurance to ttie Agency showing conformance with the requirements herein. All certiffcates of insurance and statements of willingness to issue insurance for auto policies offered lo meet the specification of tiiis 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 anv vehicle used in the perfonnance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 1/30/13 Contract No.6608.5019.6001,4016 (Grand Avenue) Page 32 of 173 Pages A.CORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/26/2015 THIS CERnFICATE IS ISSUED AS A lUIATTER OF INFORIMAnON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRIWATIVELY OR NEGATIVELY AlUIEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IIUIPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lie #0525512 1-619-464-6851 Teague Insurance Agency Inc. 4700 Spring Street 4th Floor La Mesa, CA 91942 Thomas Geisbush NAME***^ Britney Bremson PRODUCER Lie #0525512 1-619-464-6851 Teague Insurance Agency Inc. 4700 Spring Street 4th Floor La Mesa, CA 91942 Thomas Geisbush (A/C.'NO.EXI): 619-668-2395 KC.NO): 619-668-4715 PRODUCER Lie #0525512 1-619-464-6851 Teague Insurance Agency Inc. 4700 Spring Street 4th Floor La Mesa, CA 91942 Thomas Geisbush E'MAIL ADDRESS: bbranson@teagueins. com PRODUCER Lie #0525512 1-619-464-6851 Teague Insurance Agency Inc. 4700 Spring Street 4th Floor La Mesa, CA 91942 Thomas Geisbush INSURER(S) AFFORDING COVERAGE NAIC# PRODUCER Lie #0525512 1-619-464-6851 Teague Insurance Agency Inc. 4700 Spring Street 4th Floor La Mesa, CA 91942 Thomas Geisbush INSURERA IRONSHORE SPECIALTY INS CO 25445 INSURED Palm Engineering Construction Co., Inc. 7330 Opportunity Road Ste J San Diego, CA 92111 INSURER B AMERICAN FIRE & CAS CO 24066 INSURED Palm Engineering Construction Co., Inc. 7330 Opportunity Road Ste J San Diego, CA 92111 INSURER C CONTINENTAL CASUAL CO. 20443 INSURED Palm Engineering Construction Co., Inc. 7330 Opportunity Road Ste J San Diego, CA 92111 INSURER D STATE COMPENSATION INS FtHTO 35076 INSURED Palm Engineering Construction Co., Inc. 7330 Opportunity Road Ste J San Diego, CA 92111 INSURER E INSURED Palm Engineering Construction Co., Inc. 7330 Opportunity Road Ste J San Diego, CA 92111 INSURER F COVERAGES CERTIFICATE NUMBER: 43115852 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POUCY NUMBER GENERAL LIABILPTY GOMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECL. AGS0047801 POLICY EFF (MM/DD/YYYYl 07/01/14 POUCY EXP (MM/DD/YYYY) 07/01/15 UMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one pereon) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ 1,000,000 $50,000 $5,000 $ 1,000,000 $2,000,000 $ 2,000,000 AUTOMOBILE LIABIUTY BAA56378022 02/23/15 02/23/16 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO ALL OWNED AUTOS HIRED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS UAB DED OCCUR CLAIMS-MADE 5094194112 07/01/14 07/01/15 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below 9077691 11/01/14 11/01/15 WC STATU-TQRY LIMITS OTH-ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remaiks Schedule, if more space is required) Re: Northwest Storm Drain, Misc. Water Valve Replacement Pavement Management Village Decorative Lighting (Grand Avenue) Bid No. PWS15-44UTIL, Project No. 6608, 5019, 6001, 4016. The City of Carlsbad, its officials, employees and volunteers are nernied as additional insured with respect general liability when required by written contract or agreement per form CG0370704 & CG20100704. •primary/non-contributory wording included in AI CERTIFICATE HOLDER CANCELLATION City of Carlsbad '"iblic Works Purchasing Departinent t^ivin Davis **!LO35 Faraday Avenue Carlsbad, CA 92008-7314 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25(2010/05) bbranson 43115852 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy#AGS0047801 COMMERCIAL GENERAL UABILrTY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under tlie following: COMIWERCIAL GENERAL LIABILITY CQVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s); Location And Description Of Completed Operations Blanket as required by written contract and effective during the policy period as stated on the policy declarations. Blanket as required by contract Primary Insurance: It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insuredCs) shall be excess and non confrlbutory as respects any claim, loss or liability allegedly arising out ofthe operations ofthe named insured, provided however that this insurance will not apply to any claim, loss or liability determined to arise or result from the additional insured's sole negligence or willful misconduct. The Insurance afforded by this policy for the benefit ofthe additional insured does not apply to 'property damage' to any building, structure or appurtenant structure intended to be occupied as a 'private residence'. The term "private residence" Includes single family homes or residences, multi-family homes or residences, condominiums, townhomes. Section 11 - Who Is An insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement perfbrmed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ) ISO Properties. Inc., 2004 Page 1 of1 Policy#AGS0047801 COMMERCIAL GENERAL LIABILITY CG 20 10 07 O'l THIS ENDORSEMENT CHANGES THE POLiCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided underthe following: COMMERCIALGENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzation(s): As required by written contract. If required by your agreement with such Additional Insured, this insurance shall be primary insurance and non-contributory for that Additional Insured. If anyone, other than the Additional Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in Insurance, subparagraph c., Method of Sharing. The inclusion of one or more Insured(s) under the terms of this endorsement does not increase our limits of liability. Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended ta include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodity injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the perfomiance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. Ail work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured (s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part ofthe same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 ofl c %mir BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VIALLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608,5019, 6001,4016 1) Have you or any of your subcontractors ever been debarred as an in-esponsible bidder by another jurisdiction in the State of Canfomia? yes no 2) If yes, virtiat was/were the name(s) of the agency(ies) and what was/were the period(s) of debar- ment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debannent BY CONTRACTOR: f ALM aJG(N)E^i»6 CoUSXll\}CT\ON CQKAp^^^ j (name of Contractor) By: £4^ (sign here) (print name/title) Page ^ of I pages of this Re Debarment form Revised 1/30/13 Contract No.6608,5019,6001,4016 (Grand Avenue) Page 33 of 173 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VIALLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608, 5019,6001,4016 Contractors are required by law to be licensed and regulated by the Contractors' State Ucense Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed wthin four years of the date of the alleged violation, A complaint regarding a latent act or omission pertaining to stmctural defects must be filed wthin 10 years of the date of the alleged violation. Any questions corweming 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 Califomia Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? J_ w yes no 3) Have any subcontractors that you propose to perform any portion of the Wori< ever had their con- tractor's license suspended or revoked by the Califomia Contractors' State lfcense Board two or more times within an eight year period? yes no 4) Has the suspension or revocatfcn of the license of any subcontractor's that you propose to perform any portkjn of the Worit ^r been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully kientify. in each and every case, the party disciplined, the date of and viotation that the discH>linary actfon pertain to, describe the nature of the wolatlon and the disciplinary actton taken therefore. k///V (If needed attach additional sheets to provide full disclosure.) Page _J of ^ pages of this Disclosure of Discipline form Revised 1/30/13 Contract No.6608,5019,6001.4016 (Grand Avenue) Page 34 of 173 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VIALLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608, 5019,6001,4016 6) If the answer to either of 2. or 4. above is yes fully kientify, in each and every case, the party who's discipline was stayed, the date of ttie violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon whfch the disciplinary actton was stayed. M/R (If needed attach additional sheets to provkle full disclosure.) BY CONTRACTOR: By: (name of Contrpctor) (sign<here) (print name/title) Page ^ of ^ pages of this Disctosure of Discipline form Revfeed 1/30/13 Contract No.6608,5019,6001,4016 (Grand Avenue) PageSSof 173 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VIALLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608, 5019,6001,4016 The undersigned declares: I am the rv^iPgrv/T ©f C(m*iicricn ccMfAta. the party making the foregoing bid. The bkl is not made in the interest of. or on behalf of, any undisclosed person, partnership, company, association, organization, or corporatton. The bkl is genuine and not collusive or sham. The bkider has not directly or indirectly induced or solicited any other bkider to put in a false or sham bid. The bidder has not directly or Indirectiy colluded, conspired, connived, or agreed with any bkider or anyone else to put in a sham bid. or to refrain fron bidding. The bidder has not in any manner, directiy or indirectly, sought by agreement, communteation, or conference with anyone to fbt tiie bkl price of the bidder or any other bkWer, or to fix any overhead, profit, or cost element of tiie bid price, or of ttiat of any other bkider. All statements contained in the bid are true. The bidder has not, (firecUy or indirectly, submitted his or her bid price or any breakdown thereof, or ttie contents thereof, or divulged infor- mation or data relative ttiereto, to any corporation, partnership, company, association, organizatton, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bkl, and has not paid, and will not pay, any person or entity for such purpose. Any person exeoiting ttiis declaralton on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, tills declaration on behalf of the bkWer. I declare under penalty of peijury under the laws of the State of Califomia that the foregoing is tme and correct and ttiat tills declaration is executed on peZB^ef^ SO . 20JU:. at Sfti^/ Die&Ofcitvl. <^ [state]. Signature of Bidder Revfeed 1/30/13 Contract No.6608,5019,6001,4016 (Grand Avenue) Page 36 of 173 Pages of Carlsbad December 18, 2014 ADDENDUM NO. 1 RE: NORTHWEST STORM DRAIN. MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VILLAGE DECORATIVE LIGHTING (GRAND AVENUE), BID NO. PWS15-44UTIL Please include this addendum in the Notice to Bidders/Request for Bids you have for the above project. This page—receipt acknowledged—must be included in your bid when your bid is submitted. [EVfN v.. DAVIS Sr. Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 •h Bidder's Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 @ CITY OF CARLSBAD NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VILLAGE DECORATIVE LIGHTENING (GRAND AVE) CONTRACT NO. 6608. 5019. 6001.4016 BID NO. PWS15-44UTIL Addendum No. 1 From: Sherri Howard, Project Manager Phone: (760)602-2756 Fax: (760) 602-8562 Email: Sherri.Howard(gcarlsbadca.gov No. of Pages: 6 (including this page) Date: December 17, 2014 ^ Bid Opening Date: December 30, 2014 2:00 pm (unchanged) NOTICE INVITING BIDS PRE-BID MEETING A mandatory Pre-Bid Meeting and site walk was held Thursday, December 11, 2014. Attached to this addendum is a copy ofthe Sign-in Sheet. Page 8 of 174 ENGINEER'S ESTIMATE: Replace the Engineer's Estimate with the foiiowing: The Engineer's Estimate is $1.645.000 (one millton six hundred and forty thousand dollars) Page 10 of 174 ADDENDUMS Add the foltowing: Addendums are available through a link on the City of Carlsbad website to ebidboard. CONTRACTOR'S PROPOSAL Replace Bid Schedule G. Bid Schedule G. Added Bid Items G-12 and G-13. Contract No. 6608. 5019, 6001, 4016/Bid No. PWS15-44UTIL Addendum No.l Page lof 4 GENERAL PROVISIONS Page 133 of 174 Bid Schedule G - Fund 161 Grand Avenue Street Lighting: Add the following: Install City Furnished Rapid Rectangular Flashing Beacon Assembly (Bid Item No. G-12) Each The contract unit price shall include full compensatton for fumishing al! labor, materials tools equipment, and incidentals, and for doing all the work involved in installing City furnished' RRFB Assembly, foundations, and associated equipment. This includes, but is not limited to. locating utilities excavation, forming, backfill, base material, compaction, sawcutting, foundation, electrical connections and winng, electncal components, and no additional compensation will be allowed therefor Contractor shall coordinate with City for final pole locations. Install City Furnished Pedestrian Push Button Pole (Bid Item No. G-13) Each The contract unit price shall include full compensatton for fumishing all labor, materials tools equipment, and incidentals, and for doing all the work involved in installing City fumished pedestriari push button poles, foundations, and associated equipment. This includes, but is not limited to locating utilities excavation, forming, backfill, base material, compaction, sawcutting. foundation, electrical connections and winng, electrical components, and no additional compensation will be allowed therefor. Contractor shall coordinate with City for final pole locations. PLANS The attached exhibit identifies to the location of added Rapid Rectangular Flashing Beacon and Pedestrian Push Button Pole Contract No. 6608, 5019, 6001, 4016/Bid No. PWS15-44UTIL Addendum No.l Page 2 of 4 Bid Schedule G - Fund 162- Grand Avenue Street Lighting Approximate 'teTf Quantity UnitPrice Total Amount No, Description and Unit (Figures) (Ftoures) G-1 Furnish and Install 3" PVC 1,000 LF $ $ Conduit and Pull Rope (Unit Price in Words) G-2 Furnish and Install #5 Pull Box 5 EA $ (Unit Price in Words) G-3 Fumish and Install #6 Pull Box 11 EA $ (Unit Price in Words) G-4 Furnish and Install Type lll-C 1 EA $ Dual Meter Service Pedestal (Unit Price in Words) G-5 Remove and Salvage Existing 1 EA $ $ Service Cabinet (Unit Price in Words) G-6 Fumish and Install #10 AWG 1 LS Copper Wire (Unit Price in Words) G-7 Remove and Replace Pavers 1 LS $ and Decorative Concrete Strip (Unit Price in Words) Contract No. 6608, 5019, 6001, 4016/Bto No. PWS15-44UTIL Addendum No. 1 Page 3 of 4 Item Descriotion G-8 Sidewalk Repair Approximate Quantity Unit Price and Unit (Figures) 1 LS $ Total Amount (Figures) $_ (Unit Price in Words) G-9 Traffic Control (Unit Price in Words) G-10 Mobilization 1 LS 1 LS G-11 (Unit Price in Words) Additive Alternative - New Street Light Pole, Foundation and Fixture as required by Engineer Seventy thousand dollars G-12 (Unit Price in Words) Install City Furnished Rapid Rectangular Flashing Beacon Assembly Stipulated $ 70.000 3EA $ 70.000 (Unit Price in Words) G-13 Install City Furnished Pedestrian Push Button Pole 2EA (Unit Price in Words) Total amount of bid in words for Schedule "G": Total amount of bid in numbers for Schedule "G": $ Contract No. 6608, 5019, 6001, 4016/Bid No. PWS15-44UTIL Addendum No. 1 Page 4 of 4 O) c CD H til lU X Ui z z o 0) CD a. 0) .ii' > _i > .> I 8 o Q m 0) i5 ra Q. E ra ra Q ro o -4-» W c ra ra 3 *J a " c _ 0} 0) - E 3 JC o O LU —) O 01 CL _ C 9- 2 UJ < z in 00 CO to Q. O Ol 5 01 a. Ol UJ m o CM 0) E o o a> Q Ol Q 0) 0) CL o ra T3 c ra I- O UJ -J m W ALLEY CONSTRUCTION NOTFc; \J\ FURNISH AND INSTALL NEW #5 PULL BOX WTH EXTENSION PER CITY OF — CARLSBAD PLAN GS-21. 12j INSTALL CiTY FURNISHED RAPID RECTANGULAR FLASHING BEACON ASSEMBLY INCLUDING FOUNDATION COMPLETE PER MANUFACTURER'S SPECS. 13 INSTALL CITY FURNISHED PEDESTRIAN PUSH BUTTON POLE WITH PUSH BUTTON ASSEMBLY INCLUDING FOUNDATION COMPELTE PER MANUFACTURER'S SPECS. 14. CONTRACTOR SHALL FURNISH AND INSTALL 2#10 AWG AND 1#10 GND WIRFS TO CONNECT FLASHING BEACON AND PUSH BUTTON ASSEMBUES TO SERVICE POINT 1 LOCATED ON STATE STREET. CONTRACTOR SHALL INSTAl I RECOMMENDED WIRING FOR (';OMMUfI|ICAT 6N BETWEEN RRFB ES RESPECTTE'^RV™'^ CONNECTION OF PEDESTRIAN PUSH BUTTON ADDENDUM ADDING RAPID RECTANGULAR FLASHING BEACON SYSTEM. 17/16/7014 CONTRACT PUBLIC WORKS This agreement is made this _ _ day of. 20i£ by and between the City of Carisbad, California, a municipal corporation, (hereinafter called "City"), and Palm Engineering Construction Company, Inc. a California corporation whose principal place of business is 7330 Opportunity Road, Suite J, San Diego CA 92111 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified In the Contract documents for: NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VIALLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608, 5019, 6001, 4016 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equip- ment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Tech- nical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds forthe project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indi- cated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure ofthe Contractor to apprise subcontractors and materials suppliers of this condition ofthe Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. ^¥ Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 37 of 173 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any infor- mation that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time re- quired for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of In- dustrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to Cali- fornia Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. ^¥ Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 38 of 173 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and in- ^ demnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, \^ injury and liability of every kind, nature and description, directly or indirectly arising from or in connec- tion 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 ofthe 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 ofthe contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Con- tractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employ- ees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance ofthe 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 ofthe State of California. 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 re- spects: liability arising out of activities performed by or on behalf of the Contractor; products and com- pleted operations ofthe contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate doc- uments attached to the certificate of insurance; one for each company affording general liability, and 4^ employers' liability coverage. Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 39 of 173 Pages 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, em- ployees 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 reten- tion 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 in- surance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication ofthe Department of Insurance ofthe State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accord- ance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (com- mencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section ofthe contract, all claims shall com- ply 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 agree- ment. ¥ Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 40 of 173 Pages (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 Carisbad 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 an- other jurisdiction is grounds for the City of Carisbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. init _£i init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above. Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 41 of 173 Pages 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 ofthe Clayton Act (15 U.S.C. Sec. 15) or underthe 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 othenwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: CITY OF CARLSBAD a municipal corporation of the State of Californij o , ^ the State or calitornia . (r?ame of effractor) ^ By: 1^^42_zl^d^_ / J ) Mayor By: f< ' ^— - . (sigii^ here) A (print name and title) (sign here) (print name and title) J President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attorney ^¥ Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 42 of 173 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of "DiP^Q. before me. J (Insert name and title of the officer) J personally appeared who proved to me on the basis of satisfactory evidence to be the personfe) whose name(^) is/afe- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hcr/thcir authorized capacity(ies), and that by his/hcr/thotr signature(-&) on the instrument the person(e)', or the entity upon behalf of which the person(e^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } COUNTY OF D\f(jft) } OnYPJjpVUQVU ^^ZP|3before me, ^ACKmpOf '9^\^Q Public, ^ _Notary Date I personally appeared. (here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s^/are subscribed to the within instrument and acknowledged to me she/they executed the same itUiii^er/their authorized capacity(ies), and that byJh4s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Calif ornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I MARGARITA AMINE Commission # 2017768 Notary Public - California i rf San Diego County g My Comm. Expires Apr 5. 20171 Signature i .(Seal) OPTIONAL Description of Attached Document Title or Type of Document: (^OnTMrt^ Document Date: Other: Number of Pages: 2015 Apostille Service. 707-992-5551 WWW.CalifomiaApostille.US Califomia Mobile Notary Network vvww.CAMNN.com EXECUTED IN TRIPLICATE BOND NO. CSB0019930 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND WHEREAS, the City Council ofthe City of Carlsbad, State of California, by Resolution No, 2015-036, adopted February 10, 2015, has awarded to Palm Engineering Construction Company, Inc. (herein- after designated as the "Principal"), a Contract for: NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VIALLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608, 6019, 6001,4016 in the City of Carlsbad, in strict confonnity 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 ail 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 Prindpal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the perfor- mance 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, PALM ENGINEERING CONSTRUCTION COMPANY, INC, as Principal, (hereinafter designated as the "Contractor"), and CONTRACTORS BONDING AND INSURANCE COMPANY as Surety, are held firmly bound unfo the City of Carlsbad in the sum of one million six hundred thirty seven thousand two hundred seventy Dollars ($1,637,270), 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 OFTHIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materiais, provisions, provender, supplies, or teams used In, upon, for, or about the perfomiance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with Califomia Civil Code section 9100, or for amounts due under the Unemployment In- surance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unem- ployment Insurance Code vwth 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 fhe 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. Revised 1/30/13 Contract No.6808.5019,6001,4016 (Grand Avenue) Page 43 of 173 Pages In the event that Contractor is an individuai, it Is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 18TH day of FEBRUARY 20 15 Executed by SURETY this, of FEBRUARY 18TH .day 2015 , CONTRACTOR: SURETY: PALM ENGINEERING CONSTRUCTION COMPANY, INC. CONTRACTORS BONDING AND INSURANCE COMPANY (name of Contractor) By: (sigr/here) RASOUL SHAHBAZI (print name here) PRESIDENT (title and organization of signatory) By; ^ (sign here) RASOUL SHAHBAZI (print name here) SECRETARY C (title and organization of signatory) (name of Surety) 111 PACIFICA, SUITE 350 IRVINE, CA 92618 (address of Surety) 949/341-9169 (telephone number of Surety) By: (signature of Attorney-in-Fact) MARK D. lATAROLA, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (attach corporate resolution showing cmovX power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If oniy one officer signs, the corporation must attach a resolution certified by the secretary or assistant sec- retary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attomey ... Mx Of Assistant City Attorney I V Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 44 of 173 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of SAN DIEGO On 2/18/2015 Dafe personally appeared ) before me,. MICHELLE M. BASUIL, NOTARY PUBLIC Here Insert Name and Titie of the Officer MARK D. lATAROLA Name(B) of Signer^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(3) is/afe subscribed to the within instrument and acknowledged to me that he/she/thoy executed the same in his/her/their authorized capacity(ie6), and that by his/hor/thoir signature^ on the instrument the person(^, or the entity upon behalf of which the person(6) acted, executed the instrument. MICHELLrwI. BASUir ^ COMM # 2034911 >, SAN DIEGO COUNTY > NOTARY PUBLIC-CALIFORNIA Z MY COMMISSION EXPIRES ^ AUG.24.2017 \ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ^ '^/(^^ ^ .^y^WJ. O Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. lATAROLA • Corporate Officer — Title(s): • Partner — • Limited • General • Individual Kl Attorney in Fact • Trustee • Guardian or Conservator • Other: Document Date: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • vww.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 RLI eUe mn ULI Compmtty 9025 N. Lindbergh Dr. | Peoria, IL 61615 Phone: (800)645-2402 | Fax: (309)689-2036 POWER OF ATTORNEY RLI Insurance Conipany Contractors Bonding and Insurance Company Know AU Men by These Presents: That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attomey may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Mark D. latarola. Michelle M. Basuil. John Malonev. Helen Malonev. jointly or severally in the City of. Escondido State of Califomia _, as Attomey in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attomey in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the fbllowing is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to-wit: "All bonds, poUcies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, poUcies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 27th day of January. 2015. = O • State of Illinois County of Peoria } W;. SEAL /li I \SEAL/ I ss On this 27th . day of_ "'iiiiiii>"'" Januarv '''i/tiini't*' 2015 before me, a Notary Public, personally appeared Rov C. Die who being by me duly swom, acknowledged that he signed the above Power of Attomey as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. Jacqui Notary Public "OFFICIAI SEAL- JACQUELINE M, BOCKIER COMMISSION EXPIRES 01/14/18 RLI Insurance Company Contractors Bonding and Insurance Company Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Coaspsny, each Illinois corporations, do hereby certify that the attached Power of Attomey is in full force and effect and is irrevocabte; and furthemiore, that the Resolution of the Company as set fort's in the Power of Attomey, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance ComuMy and/or Contractors, Bonding and Insurance Company this ISTIMay of FEBRUAKV J2M5-- RLI Insurance Company Contractors Bonding and Insurance Cnmpany Vice President 0456693020212 A0059115 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF 6t>n 0\cgr) J On SteMiyJO+^fi^before me , V\6(Vg?^Hl^ fhlTDnQ Public, (here insert name and title of the ofBcer) Notary Date personally appeared ^(lQ^U\ '?^halriV:>/a7i who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(is)(are subscribed to the within instmment and acknowledged to me thatC^he/they executed the same in(^s)fher/their authorized capacity(ies), and that by ^i^er/their signature(s) on the instmment the person(s), or the entity upon behalf of which the person(s) acted, executed the instmment. I certify imder PENALTY OF PERJURY under the laws of the State of Calif ornia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. z MARGARITA AMINE Commission # 2017768 Notary Public - California )\gme^ San Diego County g My Comm. Expires Apr 5, 20171 OPTIONAL Description of Attached Document Title or Type of Document: \Oib\\ j^C}^/^ ^ bp Vl ^ Number of Pages:. Document Date: Other: 2015 Apostille Service. 707-992-5551 WWW.CalifomiaApOStille.US Califomia Mobile Notary Network www.CAMNN.( EXECUTED IN TRIPLICATE BOND NO. CSB0019930 PREMIUM: $19,873.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2015-036, adopted February 10, 2015, has awarded to CONSTRUCTONCO^ INC. (hereinafter designated as the "Principal"), a Contract fon NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VIALLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608, 5019, 6001,4016 in the City of Carlsbad, In strict conform if y with the contract, the drawngs and specifications, and other Contract Documents now on file in the Office ofthe 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 perfomiance and warranty of said Contract; NOW, THEREFORE, WE, PALM ENGINEERING CONSTRUCTION COMPANY INC, as Principal, {hereinafter designated as the "Contractor"), and CONTRACTORS BONDING AND INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Carisbad, in the sum of one million six hundred thirty seven thousand two hundred seventy Dollars ($1,637,270), said sum being equal to one hundred percent (100%) of the estimated amount ofthe Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, fimnly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that If the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shal! 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 alter- ation 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; othenwise it shall remain in fuii force and effect. As a part of the obligation secured hereby and In addition to the face amount specified therefore, there shall be inciuded costs and reasonable expenses and fees, induding reasonable attorney's fees, in- curred by the City in successfully enforcing such obligation, all to be taxed as costs and inciuded 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 perfonned 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 ofthe contract or to the work or to the specifications. Revised 1/30/13 Contract No.6608,5019, 6001,4016 (Grand Avenue) Page 45 of 173 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 18TH day of FEBRUARY 2015 . CONTRACTOR: Executed by SURETY this 18TH day of FEBRUARY , 2Q15 SURETY: CONTRACTORS BONDING AND INSURANCE COMPANY PALM ENGINEERING CONSTRUCTION COMPANY, INC. (name of Contractor) (name of Surety) By:, 111 PACIFICA, SUITE 350 IRVINE, CA 92618 (s^n here) RASOUL SHAHBAZI (address of Surety) 949/341-9169 (print name here) PRESIDENT (telephone number of Surety) (Title and Organization of Signatory) - ,^ C (sign here) RASOUL SHAHBAZI (print name here) (signature of Attorney-in-Fact) MARK D. lATAROLA, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attomey.) SECRETARY (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant sec- retary under corporate seal empowering that officer fo bind the corporation.) APPROVED AS TO FORM; CELIA A. BREWER City Attorney By: Assistant City Attorney Revised 1/30/13 Contract No.6609, 5019,6001, 4016 (Grand Avenue) Page 46 of 173 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing tfiis certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of _ On 2/18/2015 SAN DIEGO . before me,. Dafe personally appeared MICHELLE M. BASUIL, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. lATAROLA Name(s) of Signer^ who proved to me on the basis of satisfactory evidence to be the person(^ whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/aho/thoy executed the same in his/her/their authorized capacity(iG^, and that by his/hor/thoir signature(^ on the instrument the person(e), or the entity upon behalf of which the person(^ acted, executed the instrument. MICHELLrMrBASUir ^ COMM #2034911 >> SAN DIEGO COUNTY > NOTARY PUBLIC-CALIFORNIA 2 MY COMMISSION EXPIRES AUG. 24.2017 ^ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. lATAROLA Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual Kl Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 RU aUe an ULI Company 9025 N. Lindbergh Dr. | Peoria. IL 61615 Phone: (800)645-2402 | Fax: (309)689-2036 POWER OF ATTORNEY RLI Insurance Conipany Contractors Bonding and Insurance Conipany Know All Men by These Presents: That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attomey may be effective and given to either or both of RLI Insurance Conipany and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Conipany and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Mark D. latarola. Michelle M. Basuil. John Malonev. Helen Malonev. iointlv or severally in the City of. Escondido State of Califomia , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( SIO.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attomey in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to-wit: "AU bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other ofHcers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, poUcies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 27th day of JaBUaiX. 2011. State of Illinois County of Peoria } % SEAL jll ss 'X,,>uiio« X' \ \SEkLJ ) On this 27th .day of. Januarv 2015 before me, a Notary Public, personally appeared Rov C. Die who being by me duly swom, acknowledged that he signed the above Power of Attomey as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Conipany, and acknowledged said instrument to be the voluntary act and deed of said corporation. Notary Public "OFFICIAL SEAL" JACQUELINE M. BOCKIER COMMISSION EXPIRES D1/14/18 RLI Insurance Company Contractors Bonding and Insurance Company Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attomey is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand aod the seal of the RLI Insurance ComoMw and/'or Contra;torj> Bonding and Insurance Company this £° ^ . day of FEBRUARY 2015- RLI Insurance Company Contractors Bonding and Insurance Comp«ny 0456693020212 Vice President A0059115 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF h]eg[) _} OnfiimM^i^42i^)efore me , \Aa\raaY\\tA -ftlTjinj Public, ^ (here insert name and title of the officer) _Notary Date personally appeared _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Cl^^e subscribed to the within instrument and acknowledged to me thatCe)fehe/they executed the same in ilis^er/their authorized capacity(ies), and that b}(^s^er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 2 • * • a 11 1 C\ MARGARITA AMINE V Commission # 2017768 i Notary Public - California 1 J~ San Diego County My Comm. Expires Apr 5. 2017 t Signatu: (Seal) OPTIONAL Description of Attached Document Title or Type of Document: ^(Oil'^OiG)| '^y-^YVTYl^nct BCl^cl Number of Pages: Document Date: Other: 2015 Apostille Service. 707-992-5551 WWW.CalifomiaApostille.US Califomia Mobile Notary Network www.CAMNN.com OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and ^whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into be- tween the City and Contractor for NORTHWEST STORM DRAIN, IVIISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VIALLAGE DECORATIVE LIGHTING (GRAND AVE) CONTRACT NO. 6608, 5019, 6001, 4016 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions ofthe Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name ofthe City and shall designate the Con- tractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which othenwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. Ail terms and conditions of this agreement and the rights and responsibilities ofthe parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses ofthe City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. ¥ Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 47 of 173 Pages 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature. Address 1635 Faradav Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature. Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 1/30/13 Contract No.6608, 5019, 6001,4016 (Grand Avenue) Page 48 of 173 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name Signature Address 1200 Carlsbad Villaae Drive. Carlsbad. CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address ^•F^ Revised 1/30/13 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 49 of 173 Pages GENERAL PROVISIONS FOR NORTHWEST STORM DRAIN, MISC WATER VALVE REPLACEMENT, PAVEMENT MANAGEMENT, VILLAGE DECORATIVE LIGHTENING (GRAND AVE) CONTRACT NO. 6608. 5019, 6001.4016 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 othenwise stated, the words directed, required, permitted, ordered, in- structed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sched- uled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated othen/vise. 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 in- tended, unless stated othenwise. The word "required" and words of similar import shall be un- derstood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the ex- pression "in the opinion of the Engineer", unless othenwise stated. Where the words "ap- proved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its ex- pense, shall perform all operations, labor, tools and equipment, and further, including the fur- nishing and installing of materials that are indicated, specified or required to mean that the Con- tractor, at its expense, shall furnish and install the work, complete in place and ready to use, in- cluding furnishing of necessary labor, materials, tools, equipment, and transportation. W Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 50 of 173 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 bul- letins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carlsbad, California. Agreement - See Contract. Arborist - The Arborist shall be the individual holding a current Certified Arborist certification from the International Society for Arboriculture (ISA). 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 pave- ment 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 Carisbad 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 Carisbad. 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 is- sued 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. Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 51 of 173 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 docu- mentation 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, per- mits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless othenwise specified. Engineering Manager Transportation, Construction Management & Inspection - The Con- struction Manager's immediate supervisor and second level of appeal for informal dispute reso- lution. Dispute Board - Persons designated by the City Manager of the City of Carisbad 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, lu- minaire, 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 con- nect 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 stand- ard, supports the luminaire. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 52 of 173 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. Fur- ther, such employees have their employment taxes. State disability insurance payments. State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equip- ment 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, dimen- sions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract admin- istration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations re- ferred 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 specifi- cally referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Refer- ence Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 53 of 173 standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the sub- grade. 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, supervi- sion 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 accepta- ble performance, execution, and completion of the Work, and for the satisfaction of all obliga- tions incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International Sys- tem of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sew- ers, 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, includ- ing the furnishing of all labor, materials, equipment, and services. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 54 of 173 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon 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 BOR 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 GBR California Bearing Ratio OCR Califomia 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 El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 55 of 173 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 H High or height HB Hose bib HC House connection HDWL Headwali 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 JOT 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 Pl Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve 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 Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 56 of 173 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 SSPWC Standard Specifications 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 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 cun/e 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 GRl Geosynthetic Research Institute NEMA National Electrical Manufacturers Association UOfiJK National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Undenwriters' Laboratories Inc. USGS United States Geological Survey Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 57 of 173 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.l. 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. Customarv Unit (Equal To) SI Unit fAbbreviatToniT (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (|im) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) 1 -6093 kilometer (km) 1 square foot (ft^) 0.0929 square meter (m^) 1 square yard (yd^) 0.8361 square meter (m^) 1 cubic foot (ft^) 0.0283 cubic meter (m^) 1 cubic yard (yd^) 0.7646 cubic meter (m^) 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 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm^/s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/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) -H 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 (Im) 1 second (s) Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 58 of 173 Common Metric Prefixes kilo (k) centi (c)... milli (m).., micro (p). nano (n).. pico (p)... 103 10-2 10-3 10-6 10-9 10-12 1-5 SYMBOLS A Z / o PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number Der or (between words) Degree Property line Centeriine Survey line or station line Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 59 of 173 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether as- signed or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code includ- ing Sections 4100 through 4113. The following excerpts or summaries of some of the require- ments 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 fabri- cates 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 falls 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 perfomi that portion itself, and shall perform that portion Itself, except as othenwise 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 cler- ical error in the listing of a Subcontractor. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 60 of 173 Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own or- ganization. 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 detennination 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 Contrac- tor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Pro- posal. 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 subcon- tracted will be based on the estimated percentage of the Contract Unit Price. This will be deter- mined 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 busi- ness of each Subcontractor and description and value of each portion of the work to be so sub- contracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Con- tractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the 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 inci- dentals. 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. z-**^ Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 61 of 173 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 contracts Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be re- leased six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way re- lease the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 62 of 173 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifica- tions, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carisbad 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., hereinaf- ter designated "SSPWC", as amended. The construction plans consist of two (2) sets. The first set is designated as City of Carlsbad Drawing No. 457-4H and consists of six (6) sheets. The second set is designated as City of Carisbad Drawing No. 457-4K and consists of three (3) sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carisbad and the Carisbad Municipal Water Dis- trict, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Speci- fications and not shown on the Plans, or shown on the Plans and not specified in the Specifica- tions, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are neces- sary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, im- mediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent 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) Carisbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 63 of 173 7) Standards plans. a) City of Carisbad Standard Drawings. b) Carisbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 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 re- quested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by perfonned, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Con- tractor from responsibility for errors, omissions, or deviations from the Contract Documents, un- less such deviations were specifically called to the attention of the Engineer in the letter of trans- mittal. 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 other- wise 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. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 64 of 173 When submitted for the Engineer's review. Shop Drawings shall bear the Contractor's certifica- tion 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 pro- posed 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 cleariy show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Num-Title Subject 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 Facili-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. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 65 of 173 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or as- sembled 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 Specifi- cations for the purposes of administration of the Contract, analysis for verification of conform- ance with the Specifications, the operation and maintenance of a manufactured product or sys- tem to be constructed as part of the Work, and other information as may be required by the En- gineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless othenwise specified in the Special Provisions or directed by the Engi- neer. 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 Contrac- tor. Supporting information shall consist of the following and is required unless othenwise speci- fied 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 bul- letins, specifications, diagrams, product samples, and other information necessary to de- scribe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufac- tured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as- built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform ail work necessary to complete the Con- tract in a satisfactory manner. Unless othenwise provided, the Contractor shall furnish all materi- als, 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 othenwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 66 of 173 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 sur- vey monuments or benchmarks without the consent of the Engineer. Where the Engineer con- curs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land sun/eying within the State of California, hereinafter Surveyor, to establish the loca- tion of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve othenwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, here- inafter Sun/eyor to perform all work necessary for establishing control, construction staking, rec- ords 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 re- quired to satisfy the requirements of the Land Surveyors Act. Sun/eyor shall be resident on the site during all sun/eying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All sun/eying data submittals shall conform to the re- quirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all sun/eying required herein to the Engineer within ten days of per- forming the survey. All surveying field notes, grade sheets and sun/ey calculations shall be sub- mitted in bound form on 215mm by 280 mm (8V2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affida- vits, plats, field notes from earlier sun/eys and all other evidence used by the Surveyor to deter- mine the location of the monuments set. The field notes and calculations will be labeled with name of the Sun/eyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, com- puter program or documentation for any computer program. The field notes shall be prepared in confonnance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any sun/eying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent sun/ey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in con- crete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerfines are permanent sun/ey monuments. The Record of Sur- vey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of sun/ey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of sun/ey shall show the location and justification of lo- cation of all permanent monuments set and their relation to the street right-of-way. Record(s) of Sun/ey(s) shall be submitted for the Engineer's review and approval before submittal to the Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 67 of 173 County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal loca- tions where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Sun/eyor and inspected and approved by the Engineer before the start of con- struction in the area marked. Centeriine monument shall have the disk stamped with the date the monument was set and the registration number of the Sun/eyor. Habitat mitigation sites and other areas to be presen/ed that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical lo- cation of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be in- stalled by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake De- scription 0 Centerline or Parallel to Centerline Spac- ing®, ® Lateral Spac- ing (3), <S> Setting Tolerance (Within) Street Centerline SDRS M-10 Monument <1000', Street Intersections, Begin and end of curves, only when shown on the plans on street cen- terline 0.02' Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, painted line on PCC & AC surfaces lath - Intervisible, < 50' on tangents & < 25' on curves. Painted line - continuous at clearing line 1' Horizontal Slope RP -1- Marker Stake Intervisible and < 50' Grade Breaks &<25' 0.1' Vertical & Horizon- tal Fence RP + Marker Stake < 200' on tangents, < 50' on curves when RS 1000" & 25' on curves when R< 1000' N/A (constant off- set) 0.1' Horizontal Rough Grade Cuts or Fills > 10 m (33-) RP + Marker Stake <50' N/A O.V Vertical & Horizon- tal Final Grade (in- cludes top of: Basement soil, subbase and base) RP + Marker Stake, Blue- top in grading area < 50' on tangents & curves when R> 1000' & < 25' on cun/es when R < 1000' <22' 3/8" Horizontal & V4" Vertical Asphalt Pavement Finish Course RP, paint on previous course < 25' or as per the intersection grid points shown on the plan whichever provides the denser information edge of pave- ment, paving pass width, crown line & grade breaks 3/8" Horizontal & V4" Vertical Drainage Struc- tures, Pipes & sim- ilar Facilities©, ® RP + Marker Stake intervisible & < 25', beginning and end, BC & EC of facilities. Grade breaks. Alignment breaks. Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing). Skewed cut-off lines as appropriate VB" Horizontal & V4" Vertical Curb RP -I- Marker Stake < 25', BC & EC, at %A, y2A & '^A on curtD re- turns & at beginning & end (constant off- set) VB" Horizontal & V4" Vertical Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 68 of 173 Feature Staked Stake De- scription ® Centerline or Parallel to Centerline Spac- ing®, (D Lateral Spac- ing (3), (E> Setting Tolerance (Within) Traffic Signal ® Vertical locations shall be based on the ulti- mate elevation of curb and sidewalk Signal Poles & Controller ® RP + Marker Stake at each pole & controller location as appropriate VB" Horizontal & V4" Vertical Junction Box ® RP + Marker Stake at each junction box location as appropriate 3/8" Horizontal & V4" Vertical Conduit ® RP + Marker Stake < 50' on tangents & cun/es when R> 1000' & < 25' on cun/es when R < 1000' or where grade < 0.30% as appropriate 3/8" Horizontal & when depth cannot be meas- ured from existing pavement V4" Vertical Minor Structure ® RP + Marker Stake + Line Stake for catch basins: at centeriine of box, ends of box & wings & at each end of the local de- pression © as appropriate 3/3" Horizontal & V4" Vertical (when vertical data needed) Abutment Fill RP + Marker Stake + Line Stake < 50' & along end slopes & conic transitions as appropriate 0.1' Vertical & Horizon- tal Wall ® RP + Mari<er Stake + Line Point +Guard Stake < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height as appropriate V4" Horizontal & VA" Vertical Major Structure ® Footings, Bents, Abutments & Wingwalls RP -1- Mari<er Stake + Line Point +Guard Stake 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of col- umns as appropriate 3/8" Horizontal & V4" Vertical Superstructures RP 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of col- umns as appropriate 3/8" Horizontal & V4" Vertical Miscellaneous (D Contour Grading ® RP + Marker Stake <50' along contour line 0.1' Vertical & Horizon- tal Utilities ®, ® RP + Marker Stake < 50' on tangents & cun/es when R> 1000' & < 25' on curves when R < 1000' or where arade < 0.30% as appropriate 3/8" Horizontal & VA' Vertical Channels, Dikes & Ditches ® RP + Marker Stake inten/isible & < 100', BC & EC of facilities. Grade breaks, Alignment breaks. Junctions, Inlets & similar facilities as appropriate 0.1'Horizontal &V4" Vertical Signs ® RP + Marker Stake + Line Point -i-Guard Stake At sign location Line point 0.1' Vertical & Horizon- tal Subsurface Drains ® RP -1- Marker Stake inten/isible & < 50', BC & EC of facilities. Grade breaks. Alignment breaks. Junctions, Inlets & similar facilities. Risers & similar facili- ties as appropriate 0.1'Horizontal &V4" Vertical Overside Drains ® RP + Marker Stake longitudinal location At beginning & end O.r Horizontal & V4" Vertical Markers ® RP + Marker Stake for asphalt street surfacing < 50' on tangents & cun/es when R> 1000' & < 25' on cun/es when R< 1000'. At marker loca- tion(s) V4" Horizontal Railings & Barri- ers ® RP + Marker Stake At beginning & end and < 50' on tangents & curves when R > 1000' & < 25' on cun/es when R< 1000' at railing & bar- rier location(s' 3/8" Horizontal & Verti- cal AC Dikes ® RP + Marker Stake At beginning & end as appropriate 0.1' Horizontal & Verti- cal Box Culverts 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert as appropriate 3/8" Horizontal & V4" Vertical Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 69 of 173 Feature Staked Stake De-Centerline or Parallel to Centerline Spac-Lateral Spac-Setting Tolerance scription 0 ing®, (S) ing (3), (E> (Within) Pavement Mark-RP 200' on tangents, 50' on curves when at pavement V4" Horizontal ers® R > 1000' & 25' on cun/es when R < 1000'. marker loca- For PCC surfaced streets lane cold joints will tion(s) suffice tures and the accuracy requirements of the RP meet the requirements for the feature ® Reference points shall be sufficiently durable and set securely enough to sun/ive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table <3> Perpendicular to centeriine. ® Some features are not necessarily parallel to centeriine but are referenced thereto ® Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the fea- ture ® > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following the symbol. ® The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless othenwise approved by the Engi- neer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) TABLE 2-9.2.2(B) Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, centeriine, alignments, etc. White/Red Vertical Control Bench mari<s White/Or- ange Clearing Limits of clearing Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Yellow Structure Bridqes, sound and retaininq walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Blue Riqht-of-Wav Fences, R/W lines, easements, property monuments, etc. White/Yellow Miscellaneous Siqns, railings, barriers, lighting, etc. Orange * Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sec- tions 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the sun/ey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant sun/ey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of sun/ey and/or corner rec- ords, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Sun/eying 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 V Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 70 of 173 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 mat- ters affecting the Work. Within the scope of the Contract, the Engineer has the authority to en- force 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; accept- ability of material, equipment, or work; execution, progress or sequence of work; and interpreta- tion of the Plans, Specifications, or other drawings. This shall be precedent to any payment un- der the Contract, unless othenwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide cop- ies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engi- neer, within San Diego County, accurate books and accounting records relative to all its activi- ties and to contractually require all subcontractors to this Contract to do the same. The Engi- neer 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 in- clude, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and inten/iews 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 reason- able 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 Con- tract 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 person- nel, 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 Con- tractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless othenwise 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 ascer- taining that the materials and workmanship are in accordance with these specifications. Inspec- tion of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 71 of 173 SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the inter- ests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as 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 ex- ceed this limitation, the change shall be by written Supplemental Agreement between the Con- tractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are 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 con- formance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work cov- ered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment forthe quantity in excess of 150 per- cent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 72 of 173 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 Specifica- tions, 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 Con- tractor 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 Con- tract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contrac- tor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so speci- fied 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 Contrac- tor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Con- tractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as other- wise 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 noti- fication in writing from the Engineer so stating its elimination. If material confomning 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 ma- terial 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 de- termines 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 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 73 of 173 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers com- pensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assess- ments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equip- ment operators and helpers shall be reported only when such costs are not included in the in- voice for equipment rental. The labor cost for foremen shall be proportioned to all of their as- signed 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 materi- als 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 deter- mining the value of costs for delay to the Contractor and subcontractors, if any. The labor sur- charge 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, neces- sary 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 retumed, unless the Con- tractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. V Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 74 of 173 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, sen/ices, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Con- tractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by in- voices 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 Subcon- tractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's ac- tual cost of such wori<. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcon- tracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment in- volved for that day, and other sen/ices 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 imme- diately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 75 of 173 The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other sen/ices and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the fol- lowing Work site conditions (hereinafter called changed conditions), in writing, upon their discov- ery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being per- formed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class 111 disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect perfor- mance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the 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 er- rors 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 Contrac- tor'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. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 76 of 173 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 sen/ice of the written notice of potential claim for changed condi- tions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the Califor- nia False Claims Act, Government Code Sections 12650-12655. The undersigned further un- derstands 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 Contrac- tor 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 eariiest 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 speci- fied hereinafter, the contractor shall attempt to resolve all disputes informally through the follow- ing dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Engineering Manager, Transportation 4. City Engineer 5. City Manager Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 77 of 173 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 re- quest that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a reso- lution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the proce- dures 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 thou- sand 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 pubiic 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, ex- cept that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not othenwise expressly provided for or the claimant is not othenwise 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 specifica- tions for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is in- tended to extend the time limit or supersede notice requirements othenwise 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 re- lating 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. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 78 of 173 W (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, which- ever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to re- spond 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 subdi- vision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (com- mencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no eariier 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 par- ties of a disinterested third person as mediator, shall be commenced within 30 days of the sub- mittal, 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 Proce- dure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 79 of 173 (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ap- pointed for purposes of this article shall be experienced in construction law, and, upon stipula- tion 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, de- termines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undis- puted except as othenwise 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 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 80 of 173 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the gener- ally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be con- sidered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so di- rected by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable no- tice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Spec- ifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will presen/e the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Con- tractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be neces- sary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless othenwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrica- tion, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are accepta- ble upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to in- spection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 81 of 173 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 char- acter of materials. Inspection or testing of the whole or any portion of the work or materials incor- porated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to pur- chase materials, fabricated products, or equipment from sources located more than 50 miles out- side the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equip- ment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall fonward 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 sen/ices within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its ex- pense, shall deliver the materials for testing to the place and at the time designated by the Engi- neer. Unless othenwise 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 pro- duced 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 Supple- mental 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 af- ter improper storage, handling orfor any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 82 of 173 Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifica- tions and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any mate- rial, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durabil- ity, finish, efficiency, dimensions, sen/ice, and suitability are such that the item will fulfill its in- tended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is detennined to be unsatisfactory in performance, ap- pearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for propor- tioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. V Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 83 of 173 The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regula- tions pertaining to weighing devices. A certificate of compliance shall be presented, prior to oper- ation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other oper- ating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pres- sure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at inten/als not to exceed 12 months and following repairs, modification, or relocation of the equipment. Cal- ibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mor- tar 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 obsen/ations or test values gathered using industry ac- cepted practices. A contradiction exists whenever test values or process obsen/ations of the same or similar materials are diverse enough such that the work acceptance or perfonnance be- comes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available infonnation 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 resolu- tion 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 implementa- tion of a resolution process by committee. The continuance of the investigation shall be contin- gent upon recipient's agreement and acknowledged in writing within 3 calendar days after re- ceiving a request. Without acknowledgement, the investigation shall conclude without resolu- tion. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to comple- ment the professional experience of the first two engineers. Should the two engineers fail to se- lect 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 engi- neers 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 othenwise agreed, the committee will have 30 calendar days from its for- mation 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 Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 84 of 173 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 other- wise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contra- diction, the assignable party, the Agency or the Contractor, shall bear all costs associ- ated 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 assign- able 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 re- quirements 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 Con- tractor 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 ma- terials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 85 of 173 SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known rec- ords, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utili- ties indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, tele- phone, or cable television are shown on the Plans, the Contractor shall assume that every prop- erty parcel will be served by a sen/ice connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Under- ground Sen/ice 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 sen/ice function or disturb the sup- port of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless othenwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 86 of 173 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic pro- tection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the proce- dures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless othenwise specified, the Contractor shall remove all interfering por- tions of utilities shown on the Plans or indicated in the Bid docurnents 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 af- fected by the Work will complete their necessary installations, relocations, repairs, or replace- ments before commencement of work by the Contractor. When the Plans or Specifications indi- cate 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, ex- cept 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, 2006 Edition, and the supple- ments 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 sen/ice connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and prop- erty line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3- 3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect in- terfering sen/ice 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 othenwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 87 of 173 Such temporary omission shall be for the Contractor's convenience and no additional compensa- tion will be allowed therefore or for additional work, materials or delay associated with the tempo- rary omission. The portion thus omitted shall be constructed by the Contractor immediately fol- lowing the relocation of the utility involved unless othenwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time avail- able for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Sec- tion 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unrea- sonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not iden- tified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or altera- tions not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to Be fair andreasonable 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 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 88 of 173 SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as other- wise provided herein and unless othenwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's 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 Con- tractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activi- ties 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 ac- tivity 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 activ- ity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall pre- pare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 89 of 173 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 7 by Primavera P6 or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format reada- ble by a Microsoft Windows 7 system. The Agency will use a Primavera P6, "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than Primavera P6 or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully li- censed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carfsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.5 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 300 and 600 activities, including submittals, interfaces between utility companies and other agencies, project milestones, oublic outreach, potable water line shutdowns and equipment and mate- rial 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 compensa- tion 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 sen/ices, 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. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 90 of 173 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 Engi- neer. 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 Contrac- tor 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 Con- struction Schedule proposed by the Contractor complies with the requirements of these supple- mental provisions within twenty (20) working days aiter the date of the preconstruction meet- ing 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 20 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittai The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.4. 6-1.2.10.1 "No Exceptions Taken." 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 "Make Corrections Noted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporat- ing the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Amend and Resubmit." The Contractor must resubmit prior to proceeding 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. 6-1.2.10.4 "Rejected/Resubmit." 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 "No exceptions Taken" or "No Exceptions Taken" 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 "No Exceptions Taken" by the Engineer. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 91 of 173 'llllll niMir 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 undenway 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 pro- ject 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 revi- sions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 work- ing days of submittal. The Updated Construction Schedule will be retumed marked as per Sec- tions 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Make Corrections Noted" or "Amend and Resubmit" by the Engineer will be returned to the Contractor for correc- tion. 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 Contrac- tor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Reject/Resubmit". 6-1.4.1 "No Exceptions taken." 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 "Make Corrections Noted." 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. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 92 of 173 6-1.4.3 "Reject/resubmit." 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 Engi- neer, 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 "No Exceptions taken" 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 Construc- tion 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 comple- tion or contractually required milestone date later than the properly adjusted contract or mile- stone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "No Exceptions taken" Schedule Update remove all or a portion of the de- lay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "No Exceptions taken" sched- ule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become sub- stantially 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 Sched- ule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule re- view and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially differenf 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 Sched- ule 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 Revi- sions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment. Construction Schedule will be paid for at the stipulated lump sum price of eleven thousand dollars ($11,000.00). The stipulated lump sum price paid for Construction Schedule shall include full compensation for furnishing all labor, materials includ- ing, but not limited to, the computer hardware and software, tools, equipment, and incidentals; and for doing all the work involved in attending meetings, preparing, furnishing, updating, revis- ing the tabular, bar and flow chart Construction Schedules and narrative reports required by these supplemental provisions and as directed by the Engineer. The Engineer's determination that each and any construction schedule proposed by the Contractor complies with the require- ments of these supplemental provisions shall be precedent to each and any payment for the Construction Schedule. Payments for Construction Schedule will be made as per Sections 6- 1.8.1 through 6-1.8.3. 6-1.8.1 Initial Payment. Two thousand five hundred dollars ($2,500.00) of the stipulated lump sum bid for the Construction Schedule will be made when the Engineer has accepted a Con- struction Schedule for this project Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 93 of 173 r 6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments of one thousand dollars ($1,000.00) will be made subsequent to the initial payment for the Construction Schedule for each monthly Construction Schedule, updated as re- quired herein, that the Engineer has accepted as sufficient within the month that the monthly progress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated construction schedule that is not marked "No Exceptions taken" by the Engi- neer on or before the twentieth working day of the month such monthly updated construction schedule is due per Section 6-1.3 Preparation of Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule. 6-1.8.3 Concluding Payment. A Final payment of one thousand five hundred dollars ($1,500.00) for the Construction Schedule will be made when both one hundred percent of the contract work is completed and the Engineer has accepted a final construction schedule update prepared and submitted by the Contractor as required herein that shows the actual beginning and ending dates and all other data that is required for baseline and update schedules for each activity shown on the baseline construction schedule and updates thereto that the Engineer ac- cepted for this project. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes installation of reinforced concrete pipeline, storm drain cleanouts, storm drain curb inlets, curb, gutter and sidewalk removal and replacement, potable water pipeline relocations, potable water valve replacements, water service lateral and meter removal and replacements, installa- tion of PVC conduit and pull rope, copper wire pull boxes, electrical service connections, water pollution control including daily street sweeping, 2" grind and overlay of entire curb to curb roadway within project limits, striping of new paved surface and striping in- cluding off site refreshing of existing striping. 6-2.2 Project Phasing. The work shall be phased to initiate construction at the State Street Alley and complete each discrete street segment and intersection prior to moving easteriy to the Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 94 of 173 next street segment or intersection. Each street segment and each intersection shall be com- pleted to base pave and move the traffic control to the next street segment or intersection. Work shall be completed in the following order: 1. State Street Alley to State Street Intersection 2. State Street Intersection 3. State Street to Roosevelt Street 4. Roosevelt Street Intersection 5. Roosevelt Street to Madison Street 6. Madison Street Intersection 7. Madison Street to easterly project limits 8. Finish work including grind and overiay and striping A phasing plan shall be submitted for review and approval per Section 2-5.3. The contractor shall select limits of segment phasing so that the completion of installed items make sense. The project is located in Carisbad Village. A list of the upcoming and regular Village Events is included in Appendix G. No staging for the project is permitted on State Street on Wednesdays. Base paving adjacent to State Street and westerly and any grinding and the overlay can- not occur on Wednesdays or Saturdays during the daytime so as not to conflict with the weekly Farmers Market. Project construction may start after March 29,2015 so as not to conflict with the Carls- bad 5,000. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Contrac- tor's Representative shall prepare and review a three (3) week look ahead schedule at each W weekly 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 em- ployee at these meetings will be made. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Contractor's Representative shall prepare and review a three (3) week look ahead schedule at each weekly 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 Con- tractor'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 Engi- neer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as othenwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of ar- chaeological or paleontological interest, the Contractor shall immediately cease excavation in the /<*^ Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 95 of 173 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 sen/ed 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 ail 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 tenns of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the prem- ises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Con- tractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own dis- cretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 96 of 173 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contrac- tor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Con- tractor will not be entitled to damages or additional payment due to such delays, except as pro- vided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may othenwise 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 clas- sification 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 rea- sonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Con- tract for such portion. The time of completion of the Contract shall be expressed in working days. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 97 of 173 The Contractor shall diligently prosecute the work to completion within one hundred and fifty (150) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless othenwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at 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 inspec- tion costs of such work. Work for this project shall be phased to begin the project at State Street Alley and work toward Jefferson Street. Except for the asphalt grind and pave, the project shall be phased so that each street segment and intersection is completed prior to moving on to the next street segment or intersection. This project is located within Carlsbad Village and several regulariy scheduled events are near the project site. The following is a list of events: State Street Fanners' Market Carlsbad Village Association Every Wednesday (State St. btw Grand and CVD closed from 1-8pm) Carlsbad Village Street Faire Carisbad Chamber of Commerce First Sunday of May and first Sunday of November Art in the Village Carisbad Village Association Second Sunday in August Carisbad 5000 Competitor Magazine March 29, 2015 Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 98 of 173 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 pro- hibition 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 work- ing day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indi- cate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Othenwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is com- pleted and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or perma- nent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engi- neer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. SMI*/ 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 perfonn 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 Fifteen hundred Dollars ($1,500.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,500.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency resen/es 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 V Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 99 of 173 of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the im- provement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any com- pleted facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into sen/ice, 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 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 100 of 173 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 othenwise objectionable, or who fails or refuses to perform work properiy and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with ap- plicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. z-wi^ Each worker shall be paid subsistence and travel as required by the collective bargaining agree- ment on file with the State of Califomia Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes respon- sibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the re- maining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' com- pensation or to undertake self-insurance in accordance with the provi- sions of that code, and I will comply with such provisions before com- mencing the performance of the work of this contract." V Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 101 of 173 The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Com- pensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contrac- tor all City of Carisbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compen- sation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overioad, blasting, and demolition. For private contracts, the Contractor shall obtain all per- mits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. This project is exempt for resource agency permits. The project must comply with Carisbad Municipal Code Chapter 8.48-Noise, which regulates permitted hours for construction. 7-5.2 Relations with the Railroad. 7-5.2.1 General. Although the actual project is not within the railroad right of way, con- struction activities such as traffic control may be required within the railroad right of way. The Contractor shall cooperate with the North County Transit District (NCTD), the Buriing- ton Northern and Santa Fe Railway (BNSF) and the National Railway Passenger Corporation (AMTRAK), herein after collectively referred to as Railroad. It is understood the Railroad shall have absolute authority and right to cause the Contractor's work on the Railroad Property to cease. 7-5.2.2 Right of Entry Permit. It shall be the responsibility of the Contractor to obtain a "Right of Entry" Permit from the North County Transit District Board, (The Board), priorto the com- mencement of any work in the NCTD Right of Way. A Sample Permit is included in Appendix 'K', of these supplemental provisions. All fees and costs associated with obtaining and comply- ing with the terms of this permit, including but not limited to engineering review, submittal re- view, railway flaggers and construction inspection, shall be the responsibility of the Contractor, and no other payment will be allowed, except as specified herein. Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 102 of 173 0 All fees and costs associated with obtaining and complying with the terms of the Right of Entry permit shall be the responsibility of the Contractor. Payment to the Contractor for all costs asso- ciated with obtaining and complying with the Right of Entry permit shall be considered as in- cluded in various items of work and no additional compensation will be allowed therefore. The Contractor after receipt of the Right of Entry Permit approved by the Board shall furnish the En- gineer with two copies of the executed Right of Entry permit. 7-5.2.3 Railroad Requirements The Contractor shall notify NCTD in writing at least ten (10) working days prior to commence- ment of work on Railroad Right of Way at: North County Transit District 810 Mission Avenue Oceanside, CA 92504 (760) 966-6504 (760) 754-9403 FAX The details of construction, including proposed method of setup to perform the work shall be submitted to the railroad for approval and shall not be undertaken without approval and shall not be undertaken until approval by the Railroad is given. All persons entering into the railroad right of way will be required to attend a preconstruction Railroad Safety Training course conducted by NCTD. No additional compensation to Contractor will be allowed for attendance at a Railroad Safety Training course. 7-5.2.4 Requirements for use of Railway Flaggers Railway Flaggers MAY be required on this Project based Contractors Final work Plan. The pres- ence of equipment, materials, or manpower will not be allowed within 25 feet of the centeriine of any track without the presence of Railway Flaggers. The Contractor shall be responsible for co- ordination with NCTD to schedule Railway Flaggers. Costs for Railway Flaggers shall be the responsibility of the Contractor and subtracted from the deposit made to NCTD. 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 aitemative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its pres- ence to take measures necessary to protect the Work, persons, or property. Any order or com- munication given to this representative shall be deemed delivered to the Contractor. A joint ven- ture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or per- son in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 103 of 173 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 dam- ages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility compa- nies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No addi- tional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incom- plete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed imme- diately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to presen/e the health safety or welfare of the public. The Con- tractor shall conduct effective cleanup and dust control throughout the duration of the Contract. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 104 of 173 The Engineer may require increased levels of cleanup and dust control that, in his/her sole dis- cretion, are necessary to presen/e the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Con- tract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of em- ployees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sew- age shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Storm- water Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 105 of 173 concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carisbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installa- tions, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relo- cated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconven- ience. The access rights of the public shall be considered at all times. Unless othenwise author- ized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; sen/ice stations and motels; hospitals; police and fire stations; and establishments of similar nature. Ac- cess to these facilities shall be continuous and unobstructed unless othenwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian cross- ings of the Work at inten/als not exceeding 90 m (300 feet), shall be maintained unless othenwise 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 Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 106 of 173 completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is com- pleted, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless othenwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste dis- posal company. Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overiay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects ve- hicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the af- fected street or alley shall be notified. For partial street closures, or curb, sidewalk and drive- ^% way 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 infonnation. 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 knowl- edgeable 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 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking re- striction 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. Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 107 of 173 The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional com- pensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materiais 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 else- where 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 equip- ment 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 othenwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Con- tractor shall furnish and install signs and warning devices and promptly remove them upon com- pletion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760)602-2720 2) Carisbad Fire Department Dispatch (760) 931 -2197 3) Carlsbad Police Department Dispatch (760)931-2197 4) Carlsbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carlsbad Traffic Signals Operations (760) 602-2752 6) North County Transit District (760)967-2828 7) Waste Management (760)929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. 4fV Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 108 of 173 Traffic controls shall be in accordance with the plans. The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to in- stall 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, mark- ings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and con- trol devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provi- sions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provi- sions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and main- tained by the Contractor. Warning and advisory signs, lights and devices shall be promptly re- moved 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 ^g^^ 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 Con- tractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traf- fic 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 Specifica- tions", 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. When- ever 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' inten/als 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 di- rected by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than (insert mini- mum acceptable lateral safety buffer distance, eg. 1.8 m (6')), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the 0.6 m (2') shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written au- thorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract doc- uments, when such reduction is shown on the traffic control plans prepared by the Contractor Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 109 of 173 and approved by the Engineer or for the work of installing, maintaining and removing traffic con- trol devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of (insert appropriate number of lanes) paved traffic lanes, not less than (insert appropriate minimum lane widths, e.g. 12') wide, shall be open for use by public traffic in each direction of travel. 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, Califor- nia Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, ap- proved 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 fur- nished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012 Revision 1, as amended for use in California published by CALTRANS). Whenever the work causes oblitera- tion of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centeriine pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, includ- ing any required lines or marks, to establish the alignment of temporary pavement delineation shall be perfonned 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 ma- terial. 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 Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 110 of 173 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, cun/e 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 modifi- cations, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012 Revision 1, as amended for use in California as published by CALTRANS). Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their ap- proval or obligate the Agency in any fashion. Submittal and review requirements for such modi- fications, supplements, and/or new designs to TCP shall confonn to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for fur- nishing all labor (including flagging costs), materials (including signs), tools, equipment and inci- dentals, 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 compo- nents of the traffic control system as shown on the plans and approved additions and modifica- tions, as specified in these supplemental provisions, and as directed by the Engineer. All ex- penses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traf- fic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete bar- riers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. 7-10.4 Safety. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Pagelll of173 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Con- tractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are pro- vided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as othenwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Ma- terial Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe condi- tions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, admin- istering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and con- tain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 112 of 173 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor per- sonnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into perm it-requi red 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 othenwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required con- fined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and person- nel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the wori< is being performed. The Contrac- tor 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, >«ir well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringe- ment of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and Na- tional laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times obsen/e 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. ^^n^l Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 113 of 173 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, sen/ices, 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 pur- chases 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 pay- ment to the contractor, without further acknowledgment of the parties." Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 114 of 173 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8- 1 GENERAL. Field office for agency personnel is not required. SECTION 9 - MEASUREMENT AND PAYMENT 9- 1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless othenwise specified, quantities of work shall be determined from meas- urements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless othenwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the inten/ening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sec- tions involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with dupli- cate licensed weighmaster's certificates showing actual net weights. The Agency will accept the ^mn^ 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 accord- ance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 115 of 173 Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precau- tions which are the Contractor's responsibility have not been taken and are not reasonably ex- pected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of owner- ship shall remain with the Contractor who shall be obligated to store any fully or partially com- pleted work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or othenwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of re- cordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with appli- cable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as pre- scribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date forthe 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 Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 116 of 173 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 com- plete the detailed progress pay estimate and submit it to the Contractor for the Contractor's infor- mation. 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 properiy submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from re- maining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liqui- dated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substi- tute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corre- sponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment 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 support- ing its position. Should the Contractor fail to submit the statement and supporting documenta- tion 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. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 117 of 173 The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a rea- sonable time such further information and details as may be required by the Engineer to deter- mine the facts or contentions involved in its claims. Failure to submit such information and de- tails will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written state- ment required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed 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 com- plied 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 infonnation 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 suffi- cient 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 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefore in the bid schedule and shall not ex- ceed 10% of the total bid and includes full compensation for furnishing all insurance, bonds, li- censes, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work in- volved 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 pro- ject; for all other facilities, sureties, work and operations which must be performed or costs in- curred prior to beginning work on various contract items on or off the project site, excepting Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 118 of 173 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 com- pensation 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 pro- gress payment, an additional sixty percent (60%) of the amount bid for mobilization and prepar- atory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Docu- ments, General Provisions, or Technical Provisions/Specifications shall be considered as in- cluded in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work. Contractor is responsi- ble to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegeta- tion at his expense. Bid Schedule A: Mobilization (Bid Item No. A-1) Lump Sum Mobilization shall consist of all preparatory work and operations which must be performed or costs incurred prior to beginning work on the various Contract items on all project sites. Mobili- zation shall include but not be limited to the following items: 1. Obtaining and paying for all required Bonds, Insurance Policies (including premi- ums and incidentals), and Permits (including Caltrans Duplicate Encroachment Permit). 2. Submittal of required construction schedule(s). 3. Establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work at all project sites. 4. Posting all OSHA required notices and establishment of safety programs. 5. Posting all Department of Labor required notice, regulations and prevailing wages. 6. The movement of personnel, equipment, supplies, and incidentals to ali project sites. 7. Developing and installing construction water supply. 8. Notification of residents and businesses No additional compensation will be allowed for additional mobilizations required, including but not limited to delays caused by the relocation of existing utility facilities shown on the Plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall be reflected in Contract Change Orders, and shall not affect the price paid for "Initial Mobilization." Payment for "Mobilization" will be made at the lump allowance named in the Bid Schedule, which price shall constitute full compensation for all such work. Payment for Initial Mobilization will be made as follows: Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 119 of 173 The bid item for mobilization and related items shall not exceed fifteen percent (15%) of the total contract items. The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization. The contract lump sum price paid for mobilization shall include full compensation for furnishing all labor, materials, tool, equipment, the cost of all bonds and insurance policies, and inciden- tals, and for doing the work involved in mobilization as specified herein. Construction Schedule (Bid Item A-2) Lump Sum The contract price shall include full compensation for furnish the construction schedule per Sec- tion 6-1.8 of the General Provisions. The contract price paid shall be paid per Section 6 of the General Provisions. Water Pollution Control Including Daily Street Sweeping (WPCP) (Bid Item No. A-3) Lump Sum The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, for water pollution prevention including daily street sweeping during con- struction activities, control, and monitoring and for doing all the work throughout the duration of con- struction activities to keep the project in compliance with all local, state and federal regulations. Street sweeping equipment shall be vacuum style street sweepers and in no instances shall a bob- cat sweeper be used at any time. The contract lump sum price paid shall be considered full compen- sation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to prepare the plan and complete the work In accordance with the General Provisions, the Special Provisions, Standard Specifications, and as directed by the Engineer and no additional compensation will be allowed therefor. Potholing and Utility Coordination (Bid Item No. A-4) Lump Sum The contract unit price paid for Potholing and Utility Coordination work shall include full compen- sation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in the location of, and relocation of any utilities within the project areas as defined on Drawing Set 457-4H and DWG 457-4K and no additional compensation will be allowed therefor. Utility Relocations not Shown on Plans and as Required by Engineer per General Provi- sions Section 3-3 (Bid Item No A-5) Stipulated The contract stipulated lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing and installing utility relocations not shown on plans and as required by engineer. The contract stipu- lated lump sum price paid shall be considered full compensation for furnishing all materials, la- bor, tools, equipment, and all incidentals, necessary to complete the work in Per Section 3-3 Ex- tra Work in accordance with the General Provisions, the Special Provisions, Standard Specifica- tions, pians and as directed by the Engineer. Record Drawings (Bid Item No. A-6) Lump Sum The contract lump sum price paid for record drawings require that 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 Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 120 of 173 shall be delivered to the Engineer within ten (10) days of completion of the work. Trench Dewatering (Bid Item A-7) Stipulated The stipulated amount of $10,000 shall compensate the Contractor for dewatering as required by the Engineer. Compensation will be per Section 3-3 Extra Work and will be based on ser- vices performed that were not included in the original contract. Sen/ices may include and not be limited to furnish and maintain equipment and devices necessary to remove and maintain the project site free of groundwater in accordance with Section 306-1.1.8, plan details, and the con- tract documents. This includes, but is not limited to, furnishing all labor, materials, and equip- ment to dewater the pipeline trench during construction, prepare dewatering plan, pretreatment devices, and no additional compensation will be allowed therefor. Bid Schedule B - 6608 Grand Avenue Storm Drain: Construct 48-inch RCP, 36-inch RCP, 24-inch RCP and 18-inch RCP pipeline (Bid Item No. B-1 through B-4) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to furnish and install the pipe in accordance with Sections 207-2 and 306-1 and City of Carisbad Drawing GS-26 and S-5, the plans and contract documents. This includes, but is not limited to, surveying, locating utilities, trenching, support of existing utilities, trench plates, backfill, compaction, resurfacing, AC paving, aggregate base, remove and replacing cross gutters, and no additional compensation will be allowed therefor. Construct Type B Curb Inlet (Bid Item No. B-5) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and in- stall Type B-1 Curb Inlet in accordance with Section 306-1, the detail on the plans and San Di- ego Regional Standard Drawing D-2, and the contract documents. This includes, but is not lim- ited to, sun/eying, connections, excavation, forming, backfill, base material, compaction, sawcut- ting, and removing and replacing pavement adjacent to curb inlet, remove and replace curb and gutter and sidewalk, and no additional compensation will be allowed therefor. Construct Type A Curb Inlet (Bid Item B-6) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and in- stall Type A Cleanout in accordance with Section 306-1, the detail on the plans and San Diego Regional Standard Drawing D-1, and the contract documents. This includes, but is not limited to, sun/eying, connections, excavation, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement, and no additional compensation will be allowed therefor. Construct Storm Drain Cleanout Type B5 per SDRSD DIO (Bid Item B-7) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and in- stall Type B5 Cleanout in accordance with Section 306-1, the detail on the plans and San Diego Regional Standard Drawing D-10, and the contract documents. This includes, but is not limited to, sun/eying, connections, excavation, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement, and no additional compensation will be allowed therefor. Trench Resurfacing per City of Carlsbad Standard Drawing GS-26 (Bid Item No. B-8) Lin- ear Feet The contract unit price paid for this bid item shall constitute full compensation to furnish and in- stall trench resurfacing in accordance with Sections 203 and 302 and City of Carisbad Drawing Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 121 of 173 GS-26, the plans and contract documents. This includes, but is not limited to, sun/eying, locat- ing utilities, resurfacing, AC paving, and no additional compensation will be allowed therefor. Trench Shoring (Bid Item No. B-9) Lump Sum The contract unit price paid for this bid item shall constitute full compensation to furnish and in- stall shoring and bracing in conformance with CALOSHA, the plans and the contract document. This includes all labor, material, equipment and supervision and no additional compensation will be made therefor. Remove and Replace curb, gutter (Bid Item No. B-10 and B-11) Linear Feet The contract unit price paid forthis bid item shall constitute full compensation to remove, dis- pose and replace curb and gutter in accordance with Section 306-1, the detail on the plans and San Diego Regional Standard Drawing G-2, and the contract documents. This includes, but is not limited to, sun/eying, excavation, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement adjacent to gutter, and no additional compensation will be allowed therefor. Remove and Replace sidewalk (Bid Item No. B-12 and B-13) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to remove, dis- pose and replace sidewalk in accordance with Section 306-1, the detail on the plans and San Diego Regional Standard Drawing G-2 and G-7, and the contract documents. This includes, but is not limited to, sun/eying, excavation, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement adjacent to gutter, and no additional compensation will be allowed therefor. Tree Removal (Bid Item No. B-14) Each The contract unit price paid for removal of the trees shall include full compensation for, but not limited furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing and disposing of the tree. This includes, but is not limited to, remove and dispose of tree, backfill and grade to provide a smooth continuous transition for a complete removal of tree and no additional compensation will be allowed therefor. Connect to Existing Storm Drain (Bid Item B-15) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and connect the installed RCP to existing cleanout in accordance with Section 306-1 and the detail on the plans, and these contract documents. This includes, but is not limited to, sun/eying, con- nections, excavation, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement adjacent to existing cleanout, and no additional compensation will be allowed therefor. Sign Relocation (Bid Item B-16) Each The contract unit price paid for the bid item shall constitute full compensation to relocate signs as required on the plans. Unit price shall include placement and no additional compensation will be allowed therefore. V Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 122 of 173 Relocate/Adjust Existing Main per W-34 (Bid Item No. B-17A, B-17B and B-17C) Each The contract unit price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools, equipment, and incidentals, including dewatering, excavation, assembly, placement of bedding, backfill and compaction, and disposal of excess materials and for doing all the work in- volved in to remove and dispose existing Asbestos Cement Pipe in conflict with new pipeline in- cluding and not limited to: providing and installing the water main relocation furnish and trench re- surfacing in accordance with Sections 203 and 302 and City of Carisbad Drawing GS-26 and W- 34, the plans and contract documents. This includes, but is not limited to, surveying, locating utilities, furnishing all materials, labor, tools, equipment, and all incidentals, water line materials and installation, testing, resurfacing, AC paving, and no additional compensation will be allowed therefor. Replace Signing and Striping (Bid Item B-18) Lump Sum The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing and installing all the Signing and Striping including inlet stenciling and address painting per existing conditions. Restore existing striping 200 lineal feet beyond the limits of AC removal for storm drain and overiay construc- tion and the new striping shown In Exhibit I for Madison Street. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all in- cidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Fire Hydrant Relocation (Bid item B-19) Each The contract unit price shall include full compensation for furnishing all labor, materials, tools, equip- ment, and incidentals, and for doing all the work involved in removing and disposing and providing and installing a new fire hydrant as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and ail in- cidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Demo, Remove and Dispose Storm Drain Inlet (Bid item B-20) Each The contract unit price paid for this bid item shall constitute full compensation to remove and dispose the existing storm drain inlet as identified on the plans, and the contract documents and shall constitute full compensation to remove and dispose of existing inlet, sawcutting, and re- moving and replacing pavement, and no additional compensation will be allowed therefor. Demo, Remove and Dispose Existing Storm Drain Pipe (Bid Item B-21) Lineal Feet The contract unit price paid for this bid item shall constitute full cdmpensation to furnish material and labor to remove existing storm drain pipeline in accordance with Sections 300-1, 300-2 and 306-5, the plans and contract documents. This includes but not limited to surveying, locating utility, excavation, removal and disposal of materials, and no additional compensation will be al- lowed therefor. Demo, Remove and Dispose Existing Storm Drain Manhole (Bid Item B-22) Each The contract unit price paid for this bid item shall constitute full compensation to furnish material and labor to remove existing storm drain manhole and cap existing pipeline in accordance with Sections 300-1, 300-2 and 306-5, the plans and contract documents. This includes but not lim- ited to sun/eying, locating utility, excavation, removal and disposal of materials, and no addi- tional compensation will be allowed therefor. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 123 of 173 Remove and Replace Pavers and Decorative Concrete Strip (Bid Item No. B-23) Lineal Feet The contract unit price paid for this bid item shall constitute full compensation to remove and re- place the pavers in 4" sand placed over 4" Class II base for bedding as shown on the plans and the contract document in accordance with Sections 303-1 and 201-2. All pavers shall be re- moved and replaced in the same pattern as existing. Remove and replace decorative 12" thick concrete strip in kind. This includes, but is not limited to, all labor, material (including sand bed- ding), equipment and supervision and no additional compensation will be made therefor. Connect to Existing Storm Drain (Bid Item B-24) Each The contract unit price paid forthis bid item shall constitute full compensation to connect to exist- ing cleanouts/inlets in accordance with Section 306-1 and the detail on the plans, and these con- tract documents. This includes, but is not limited to, sun/eying, connections, excavation, fomning, grouting, backfill, base material, compaction, sawcutting, and removing and replacing pavement adjacent to existing cleanout/inlets, and no additional compensation will be allowed therefor. Traffic Control (Bid Item B-25) Lump Sum The contract lump sum price shall include providing complete traffic control including permits, providing traffic handling/stage construction, and furnishing, installing, maintaining traffic control during all stages of construction, removing traffic control devices when they are no longer needed, and temporary street striping. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Stand- ard Specifications, plans and as directed by the Engineer. Post Construction CCTV Inspection and DVD (Bid Item No. B-26) Lump Sum The contract unit price paid for this item shall constitute full compensation for all work to prepare and deliver post-construction CCTV inspection of the subject pipe lines in accordance with these contract documents. This includes, but is not limited to, cleaning pipeline, providing equip- ment, camera set-up, taping, printout of pipe condition, and delivery of DVD, and no additional compensation will be allowed therefor. Bid Schedule 0 - 5019 - Grand Avenue Potable Water Improvements Demo, Remove, Dispose of and Replace Existing Water Valve (10" and 6") (Bid Items C-1 and C-2) Each The contract unit price shall include full compensation for furnishing all labor, materials, tools, equip- ment, and incidentals, and for doing all the work involved in removing and disposing of existing valves and providing and installing the 10" and 6" valves as shown on the contract drawings and per Carisbad Municipal Water District Standard Drawing W-16. The contract unit price paid shall be con- sidered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, the Technical Specifications, Standard Specifications, plans and as directed by the Engineer. Demo, Remove, Dispose and Replace Existing Water Service and Meter (Bid Item No. C-3) Each The contract unit price shall include full compensation for furnishing all labor, materials, tools, equip- ment, and incidentals, and for doing all the work involved in removing and disposing of the existing water sen/ice and meters, (water sen/ice piping, and any other related appurtenances- Section 15000 of the Technical Specifications) as identified on the contract drawings. This item includes re- moval of all demolished materials including hauling and disposal fees. The contract unit price paid Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 124 of 173 V shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all in- cidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Install 1" Water Service - The contract unit price shall include full compensation for furnishing all la- bor, materials, tools, equipment, and incidentals, including excavation, assembly, placement of bed- ding, backfill and compaction, trench repair and disposal of excess materials and for doing all the work involved in providing and installing the 1" water sen/ices as shown on the contract drawings per W-2, W-3 and W-25. All meters, endpoints, gaskets and bushings shall be supplied by the District per Section 15059 of the Technical Specifications. The sen/ice saddle and corp stop may be in ac- ceptable condition to be reused which will be determined by Carlsbad Municipal Water District when exposed. Contractor shall coordinate with City Inspector for inspection of each one when exposed by the CMWD. If the sen/ice saddle and corp stop require removal and replacement, the work will be paid based on time and materials from Bid Item C-5. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Trench Resurfacing per City of Carlsbad GS-24 (Bid Item C-4) Lump Sum The contract unit price paid for this bid item shall constitute full compensation to furnish and in- stall trench resurfacing in accordance with Sections 203 and 302 and City of Carisbad Drawing GS-24, the plans and contract documents. This includes, but is not limited to, sun/eying, locat- ing utilities, resurfacing, AC paving, and no additional compensation will be allowed therefor. Miscellaneous Pipe Replacement (Bid Item C-5) Stipulated The contract stipulated lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing and installing utility relocations not shown on plans and as required by engineer. The contract stipu- lated lump sum price paid shall be considered full compensation for furnishing all materials, la- bor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Demo, Remove and Replace Miscellaneous Surface Improvements in Kind (Bid item C-6) Lump Sum The contract stipulated lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing and disposing of and providing and installing concrete surface improvements as required to install water sen/ice laterals and water valvles. The contract stipulated lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all inci- dentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Bid Schedule D - 6001- Pavement Management Program 2" Grind and Overlay Asphalt Pavement (Madison) (Bid Item No. D-1) Square Foot The contract unit price paid for the bid item shall constitute full compensation to furnish equip- ment, grind/plane existing asphalt pavement and dispose of material in accordance with Section 300-1 and install asphalt concrete overiay and no additional compensation will be allowed there- fore. Unit price shall include placement, compaction, resurfacing, AC paving and no additional compensation will be allowed therefore. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 125 of 173 Replace Signing and Striping in Kind and refresh striping 50 linear feet into each inter- section beyond project limits (Bid Item No. D-2) Lump Sum The contract unit price paid for this bid item shall constitute full compensation to replace all sign- age, striping and pavement markers disturbed by construction in accordance with Section 310 and 312, within the project limits and fifty feet to the north, south, east and west of the project limits. Included in this item is revised striping on Madison Street per Appendix I. This includes, but is not limited to; removal, relocation and installation of all signage, pavement markers and striping disturbed by construction and no additional compensation will be allowed therefor. Raise Manhole and Valves to Grade (Bid Item D-3) EA The contract unit price shall include full compensation for furnishing all labor, materials, tools, equip- ment, and incidentals, and for doing all the work Involved in raising the existing manholes and valves to grade as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Bid Schedule E - 4016 Grand Avenue Decorative Light Conduit: Furnish and Install 3" PVC Conduit and Pull Rope (Bid Item No. E-1) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to furnish and in- stall the conduit in accordance with Section 307, City of Carisbad Drawing GS-25, the plans and contract documents. This includes, but is not limited to, sun/eying, locating utilities, boring, trenching, support of existing utilities, trench plates, backfill, compaction, resurfacing, AC pav- ing, aggregate base, remove and replacing cross gutters and pavers, and no additional com- pensation will be allowed therefor. Furnish and Install #6 Pull Box (Bid Item No. E-2) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and in- stall the pull box in accordance with Section 307, the plans and contract documents. This in- cludes, but is not limited to, sun/eying, locating utilities, excavating, support of existing utilities, sawcutting, backfill, compaction, and no additional compensation will be allowed therefor. Remove and Replace Pavers and Decorative Concrete Strip (Bid Item No. E-3) Lump Sum The contract unit price paid for this bid item shall constitute full compensation to remove and re- place the pavers in 4" sand placed over 4" Class II base for bedding as shown on the plans and the contract document in accordance with Sections 303-1 and 201-2. All pavers shall be re- moved and replaced in the same pattern as existing. Remove and Replace decorative concrete strip. This includes, but is not limited to, all labor, material (including sand bedding), equipment and supervision and no additional compensation will be made therefor. Sidewalk Repair (Bid Item No. E-4) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to remove, dispose and replace sidewalk in accordance with Section 306-1, the detail on the plans and San Diego Regional Standard Drawing G-2 and G-7, and the contract documents. This includes, but is not limited to, sun/eying, excavation, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement adjacent to gutter, and no additional compensation will be allowed therefor. Traffic Control (Bid Item E-5) Lump Sum Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 126 of 173 The contract lump sum price shall include providing complete traffic control including permits, provid- ing traffic handling/stage construction, and furnishing, installing, maintaining traffic control during all stages of construction, removing traffic control devices when they are no longer needed, and tempo- rary street striping. The contract lump sum price paid shall be considered full compensation for fur- nishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Mobilization (Bid Item No. E-6) Lump Sum Mobilization shall consist of all preparatory work and operations which must be performed or costs incurred prior to beginning work on the various Contract items on all project sites. Mobili- zation shall include but not be limited to the following items: 1. Obtaining and paying for all required Bonds, Insurance Policies (including premi- ums and incidentals), and Permits (including Caltrans Duplicate Encroachment Permit). 2. Submittal of required construction schedule(s). 3. Establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work at all project sites. 4. Posting all OSHA required notices and establishment of safety programs. 5. Posting all Department of Labor required notice, regulations and prevailing wages. 6. The movement of personnel, equipment, supplies, and incidentals to all project sites. 7. Developing and installing construction water supply. 8. Notification of residents and businesses No additional compensation will be allowed for additional mobilizations required, including but not limited to delays caused by the relocation of existing utility facilities shown on the Plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall be reflected in Contract Change Orders, and shall not affect the price paid for "Initial Mobilization." Payment for "Mobilization" will be made at the lump allowance named in the Bid Schedule, which price shall constitute full compensation for all such work. Payment for Initial Mobilization will be made as follows: The bid item for mobilization and related items shall not exceed fifteen percent (15%) of the total contract items. The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization. The contract lump sum price paid for mobilization shall include full compensation for furnishing all labor, materials, tool, equipment, the cost of all bonds and insurance policies, and inciden- tals, and for doing the work involved in mobilization as specified herein. Sir Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 127 of 173 Bid Schedule F -Grand Avenue Fiber Optic Conduit: Furnish and Install 3" PVC Conduit with Tracer Wire and Pull Rope (Bid Item No. F-1) Lin- ear Feet The contract unit price paid for this bid item shall constitute full compensation to furnish and in- stall the conduit in accordance with Section 307, City of Carlsbad Drawing GS-25, the plans and contract documents. This includes, but is not limited to, surveying, locating utilities, trenching, support of existing utilities, boring, trench plates, backfill, compaction, resurfacing, AC paving, aggregate base, remove and replacing cross gutters and pavers, and no additional compensa- tion will be allowed therefor. Furnish and Install #6 Pull Box (Bid Item No. F-2) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and in- stall the pull box in accordance with Section 307, the plans and contract documents. This in- cludes, but is not limited to, sun/eying, locating utilities, excavating, support of existing utilities, sawcutting, backfill, compaction, and no additional compensation will be allowed therefor. Furnish and Install Fiber Optic Comm Vault with Extension (Bid Item No. F-3) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and in- stall the fiber optic communication vault with extension in accordance with Section 307, the plans and contract documents. This includes, but is not limited to, sun/eying, locating utilities, excavating, support of existing utilities, sawcutting, backfill, compaction, and no additional com- pensation will be allowed therefor. Remove and Replace Pavers and Decorative Concrete Strip (Bid Item No. F-4) Lump Sum The contract unit price paid for this bid item shall constitute full compensation to remove and re- place the pavers in 4" sand placed over 4" Class II base for bedding as shown on the plans and the contract document in accordance with Sections 303-1 and 201-2. All pavers shall be re- moved and replaced in the same pattern as existing. Remove and Replace decorative concrete strip. This includes, but is not limited to, all labor, material (including sand bedding), equipment and supen/ision and no additional compensation will be made therefor. Sidewalk Repair (Bid Item No. F-5) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to remove, dispose and replace sidewalk in accordance with Section 306-1, the detail on the plans and San Diego Regional Standard Drawing G-2 and G-7, and the contract documents. This includes, but is not limited to, sun/eying, excavation, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement adjacent to gutter, and no additional compensation will be allowed therefor. Traffic Control (Bid Item F-6) Lump Sum The contract lump sum price shall include providing complete traffic control including permits, provid- ing traffic handling/stage construction, and furnishing, installing, maintaining traffic control during all stages of construction, removing traffic control devices when they are no longer needed, and tempo- rary street striping. The contract lump sum price paid shall be considered full compensation for fur- nishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 128 of 173 Mobilization (Bid Item No. F-7) Lump Sum Mobilization shall consist of all preparatory work and operations which must be performed or costs incurred prior to beginning work on the various Contract items on all project sites. Mobili- zation shall include but not be limited to the following items: 1. Obtaining and paying for all required Bonds, Insurance Policies (including premi- ums and incidentals), and Permits (including Caltrans Duplicate Encroachment Permit). 2. Submittal of required construction schedule(s). 3. Establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work at all project sites. 4. Posting all OSHA required notices and establishment of safety programs. 5. Posting all Department of Labor required notice, regulations and prevailing wages. 6. The movement of personnel, equipment, supplies, and incidentals to all project sites. 7. Developing and installing construction water supply. 8. Notification of residents and businesses No additional compensation will be allowed for additional mobilizations required, including but not limited to delays caused by the relocation of existing utility facilities shown on the Plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall be reflected in Contract Change Orders, and shall not affect the price paid for "Initial Mobilization." Payment for "Mobilization" will be made at the lump allowance named in the Bid Schedule, which price shall constitute full compensation for all such work. Payment for Initial Mobilization will be made as follows: The bid item for mobilization and related items shall not exceed fifteen percent (15%) of the total contract items. The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization. The contract lump sum price paid for mobilization shall include full compensation for furnishing all labor, materials, tool, equipment, the cost of all bonds and insurance policies, and inciden- tals, and for doing the work involved in mobilization as specified herein. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 129 of 173 Bid Schedule G - Fund 161 Grand Avenue Street Lighting: Furnish and Install 3" PVC Conduit and Pull Rope (Bid Item No. G-1) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to furnish and in- stall the conduit in accordance with Section 307, City of Carisbad Drawing GS-25, the plans and contract documents. This includes, but is not limited to, sun/eying, locating utilities, trenching, support of existing utilities, boring, trench plates, backfill, compaction, resurfacing, AC paving, aggregate base, remove and replacing cross gutters and pavers, and no additional compensa- tion will be allowed therefor. Furnish and Install #5 and #6 Pull Box (Bid Item No. G-2 through G-3) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and in- stall the pullbox in accordance with Section 307, the plans and contract documents. This in- cludes, but is not limited to, surveying, locating utilities, excavating, support of existing utilities, sawcutting, backfill, compaction, and no additional compensation will be allowed therefor. Furnish and Install Type lll-C Dual Meter Service Pedestal (Bid Item No. G-4) Each The contract unit price paid for this bid item shall constitute full compensation to install a Type lll-C Dual Meter Sen/ice Pedestal with foundation complete in accordance with Section 307, the plans, and the contract documents. This includes, but is not limited to, sun/eying, excavation, forming, backfill, base material, compaction, sawcutting, foundation, electrical connections and wiring, electrical components, and no additional compensation will be allowed therefor. Remove and Salvage Existing Service Pedestal (Bid Item No. G-5) Each The contract unit price paid for this bid item shall constitute full compensation to remove an ex- isting service pedestal and foundation complete in accordance with Section 307, the plans, and the contract documents. This includes, but is not limited to, excavation, sawcutting, foundation, electrical connections and wiring, eiectricai components, and no additional compensation will be allowed therefor. Furnish and Install #10 AWG Copper Wire (Bid Item No. G-6) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to install copper wiring in accordance with Section 307, the plans, and the contract documents. This in- cludes, but is not limited to, pulling wire, connecting wire, testing circuitry, and no additional compensation will be allowed therefor. Remove and Replace Pavers and Decorative Concrete Strip (Bid Item No. G-7) Lump Sum The contract unit price paid for this bid item shall constitute full compensation to remove and re- place the pavers in 4" sand placed over 4" Class II base for bedding as shown on the plans and the contract document in accordance with Sections 303-1 and 201-2. All pavers shall be re- moved and replaced in the same pattern as existing. Remove and Replace decorative concrete strip. This includes, but is not limited to, all labor, material (including sand bedding), equipment and supen/ision and no additional compensation will be made therefor. Sidewalk Repair (Bid Item No. G-8) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to remove, dispose and replace sidewalk in accordance with Section 306-1, the detail on the plans and San Diego Regional Standard Drawing G-2 and G-7, and the contract documents. This includes, but is not limited to, sun/eying, excavation, forming, backfill, base material, compaction, sawcutting. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 130 of 173 V and removing and replacing pavement adjacent to gutter, and no additional compensation will be allowed therefor. Traffic Control (Bid Item G-9) Lump Sum The contract lump sum price shall include providing complete traffic control including permits, provid- ing traffic handling/stage construction, and furnishing, installing, maintaining traffic control during all stages of construction, removing traffic control devices when they are no longer needed, and tempo- rary street striping. The contract lump sum price paid shall be considered full compensation for fur- nishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Mobilization (Bid Item No. G-10) Lump Sum Mobilization shall consist of all preparatory work and operations which must be performed or costs incurred prior to beginning work on the various Contract items on all project sites. Mobili- zation shall include but not be limited to the following items: 1. Obtaining and paying for all required Bonds, Insurance Policies (including premi- ums and incidentals), and Permits (including Caltrans Duplicate Encroachment Permit). 2. Submittal of required construction schedule(s). 3. Establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work at all project sites. 4. Posting all OSHA required notices and establishment of safety programs. 5. Posting all Department of Labor required notice, regulations and prevailing wages. jf/^^ 6. The movement of personnel, equipment, supplies, and incidentals to all project (/^ sites. 7. Developing and installing construction water supply. 8. Notification of residents and businesses No additional compensation will be allowed for additional mobilizations required, including but not limited to delays caused by the relocation of existing utility facilities shown on the Plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall be reflected in Contract Change Orders, and shall not affect the price paid for "Initial Mobilization." Payment for "Mobilization" will be made at the lump allowance named in the Bid Schedule, which price shall constitute full compensation for all such work. Payment for Initial Mobilization will be made as follows: The bid item for mobilization and related items shall not exceed fifteen percent (15%) of the total contract items. The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization. The contract lump sum price paid for mobilization shall include full compensation for furnishing all labor, materials, tool, equipment, the cost of all bonds and insurance policies, and inciden- tals, and for doing the work involved in mobilization as specified herein. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 131 of 173 Additional Alternative- New Street Light Pole, Foundation, and Fixture (Bid Item No G-11) Stipulated- Each The contract stipulated unit price shall include full compensation for furnishing all labor, materi- als, tools, equipment, and incidentals, and for doing all the work involved in providing and in- stalling new street light poles, foundations, and fixtures. New light poles, foundations, and fix- tures shall be installed if it is deemed necessary based on existing field conditions of the con- duit entering the existing street light foundations. The new street light poles shall match in kind the existing street light poles. The fixtures shall be GE Lightgrid System. For post top light poles, GE Avery Streetdreams LED Post Tops shall be used. Contractor shall coordinate with City for appropriate lighting products. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious sub- stances. Class 1 and Class 2 pemneable material shall have a Durability Index of not less than 40. Class 2 Pemneable material shall have a Sand Equivalent value of not less than 75. Class 1 perme- able material shall confomn to the requirements in this section and Table 200-1.2.2(A). Class 2 per- meable material shall conform to the requirements in this section and Table 200-1.2.2(B). When permeable material is required and the class or kind is not specified. Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(B). TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Sieve Sizes Percen Type A tage Passing Type B 50-mm (2") — 100 37.5-mm (IV2") — 95-100 19-mm m 100 50-100 12.5-mm (V2") 95-100 — 9.5-mm (%') 70-100 15-55 4.75-mm (No. 4) 0-55 0-25 2.36-mm (No. 8) 0-10 0-5 Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 132 of 173 75-um (no. 200) i 0-3 0-3 TABLE 200-1.2.2(B) CLASS 2 PE FIMEABLE MATERIAL Sieve Sizes Percentage Passing 25-mm (1") 100 19-mm (%") 90-100 9.5-mm (%") 40-100 4.75-mm (No. 4) 25-40 2.36-mm (No. 8) 18-33 600-um (No. 30) 5-15 300-um (No. 50) 0-7 75-um (no. 200) 0-3 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Ag- gregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted read- ily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Sieve Sizes 2" 11/2" 1" 3/4" No.4 No. 30 No. 200 11/2" IMaximum Operating Range 100 90-100 50-85 25-45 10-25 2-9 Percentage Passing 3/4" Maximum Operating Range 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Tesfs Resistance (R-value) Sand Equivalent Durability Index Operating Range 78 Min. 25 Min. 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the re- quirements specified for "Operating Range" but meet the "Contract Compliance" requirements, place- ment of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 133 of 173 If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the re- quirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 134 of 173 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE ABLE 201 -1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) PORTLAND CEMENT CONCRETE Type of Construction Concrete Class Maximum Slump mm (Inches) All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) (2) Trench Backfill Slurry 115-E-3 (190-E-400) 200 (8") Street Light Foundations and Sun/ey Monuments 330-C-23 (560-C-3250) 100 (4") Traffic Signal Foundations 350-C-27 (590-C-3750) 100 (4") Concreted-Rock Erosion Protection 310-C-17 (520-C-2500P) per Table 300-11.3.1 be as per Table 201 -1.1.2(A) SSPWC. (2) As per Table 201 -1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2 Materials. 201-1.2.4(a) Integral Colored Concrete. Add the following: Integral color shall consist of colored admixtures developed for use in ready mixed concrete. The product shall be made of the highest quality pigments, as well as other ingredients designed to enhance the color and improve the pigment dispersion, workability and finishing performance of the concrete. Integral color pigments shall meet or exceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of architec- tural concrete. Pigment shall be a permanent coloration, uniform throughout the concrete surface and interior, and shall be highly UV and fade resistant. Integral colored concrete shall be cured with QC Color Cure color matched to the concrete (see prod- uct infonnation bulletin). Provide sample panel submittals of all colors to be used in the installation on identical surfaces for approval by Resident Engineer. Contractor shall provide a maintenance sched- ule for integral colored concrete. Admixture for all integral colored concrete paving in medians and other integral colored concrete shall be the following: See Section 201 of these Color: Quarry Red - Scofield (brand). Curing: Scofield Colorcure Concrete Sealer (or approved equal). Supplemental Provisions for Concrete Curing Materials. Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 135 of 173 Los Angeles, CA 90040 1-800-800-9900 Admixture products and procedures for installation shall be in strict accordance with the manufac- turer's specifications and recommendations, and those published by the American Concrete Institute (ACI) and the Portland Cement Association (PCA). 201-1.2.4 Chemical Admixtures, (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. Add the following: 201-1.6 Finish: If required, stamp to be obtained from Engineer. Add the following: 201 -1.7 Miscellaneous Concrete Finishing Products. 201-1.7.1 Water Base Penetrating Sealer for Integral Colored Concrete. (Scofield Colorcure Concrete Sealer or approved equal) Water base penetrating sealer shall be a sealer designed for the protection of imprinted and natural concrete. Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the masonry without darkening or adding gloss to the surface. It shall presen/e the natural slip resistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance. Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install per manufacturer's directions. Seal shall be compatible with the surfaces and materiais which it is applied. Concrete sealer shall conform to the following specifications: Color: Clear, non-yellowing Odor: Mild Flash Point: None (C.O.C. method) Specific Grav.: 1.03 Density: 8.6 pounds per gallon Drying Time: 30 minutes to 60 minutes Cure Time: 24 to 48 hours VOC Content: None (0 g/l) excluding water Polymer Type: Proprietary Reactive Resin System Coverages (approximate): Smooth Concrete: 300 to 400 square feet per gallon Rough Concrete: 200 to 300 square feet per gallon Note: Coverages vary depending on porosity and condition of surface and method of application. Method of: Airfess sprayer. Application Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 136 of 173 Los Angeles, CA 90040 1-800-800-9900 All materials shall be furnished, prepared, applied, cured, and stored according to the product manu- facturer's direction. 201-1.2.4 Chemical Admixtures, (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not oth- enwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to main- tain watertight and airtight continuous seals without causing staining or deterioration of joint sub- strates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in fornn of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for prod- ucts of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as othenwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non- sag. Type II. Acceptable Products: "Sonneborn NPH"; Sonneborn Building Products Division; "Scofield Lithoseai Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 137 of 173 Provide sealant backings of material and type that are nonstaining; are compatible with joint sub- strates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonex- truding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. 201-3.7 Type "D" Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and Portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as per Table 201-3.7(A). TABLE 201-3.7(A) CURED HOT-MELT RUBBERIZED ASPHALT Property Measuring Standard (ASTM Designation) Results Conditions Cone Penetration ASTM D 3407, Sec. 5 3.5 mm, max. 25°C, 150 g, 5 s Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max. Resilience ,ASTM D 3407, Sec. 8 25%, min. 25°C Softening Point, ASTM D 36 82 °C, min. Ductility, ASTM D 113 300 mm, min. 25°C, 50 mm/min Flash Point, COC, °C ASTM D 92 288 °C, min. Viscosity, Brookfield Thermosel, ASTM D 4402 2.5-3.5 Pa s No. 27 Spindle, 20 rpm, 190°C, SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. ADD the following: 203-6.2.1 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conform- ance with the mix design when the Asphalt Binder content is within +/-0.5% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.3 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix com- plies with the requirements for Stabilometer Value per Table 203-6.4.3 (A) Plant inspected asphalt concrete will be considered in confonnance with the mix design when visu- ally inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.4.3 (A). 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10-RAP for surface course, and B-PG64-10-RAP for base course. Asphalt concrete shall be class D2-PG70-10 for dikes and class E-PG70-10 ditches. 203-6.4.3 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be de- termined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 138 of 173 core sample analysis of the in-place asphalt concrete or by direct central plant inspection that con- firms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values or b. Marshall Stability^ in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. iQnly use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than -I-/-5. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. 203-6.8 Asphalt Concrete Storage, add the following: Open graded or Gap graded asphalt con- crete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 10 hours, shall not be used in the work. 203-11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS 203-11.3 Composition and Grading. Add the following: Asphalt Rubber Hot Mix shall be Gap Graded class ARHM-GG-C. SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES 204-1 LUMBER AND PLYWOOD TABLE 204-1.2(A) add the following: TABLE 204-1.2(A) USES GRADES Headers for bituminous pavement up to 50 mm x 100 mm (2"x4") Construction grade Redwood or preservative treated construction grade Douglas Fir Headers for bituminous pavement larger than 50 mmx 100 mm (2"x4") Number 1 grade Redwood, or presen/ative treated number 1 grade Douglas Fir SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 139 of 173 206-7.1 Roadside Signs. This work shall consist of furnishing and installing roadside signs in ac- cordance with details shown on the plans, the California Sign Specifications and these special provi- sions. Permanent and temporary signs shall be free from blemishes that may affect the sen/iceabil- ity and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.1.2 Sign Identification. The following notation shall be placed on the lower right side of the back of each sign where the notation shall not be blocked by the sign post or frame: A. PROPERTY OF THE CITY OF CARLSBAD, B. Name of the sign manufacturer, C. Month and year of fabrication, D. Type of retroreflective sheeting, and E. Manufacturer's identification and lot number of retroreflective sheeting. The above notation shall be applied directly to the aluminum sign panels in 1/4-inch upper case letters and numerals by die-stamp and applied by similar method to the fiberglass reinforced plastic signs. Painting, screening, or engraving of the notation will not be allowed. The notation shall be applied without damaging the finish of the sign. 206-7.1.3 Drawings. Standard signs shall be as per the most recently approved California Sign Spec- ifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.1.5 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminium shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly ad- herent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be detennined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 140 of 173 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Con- tractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. 206-7.2.1 General. This work shall consist of furnishing and installing temporary signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Per- manent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a dis- tance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, de- laminated skins, excessive adhesive overspray, and aluminum marks. 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Spec- ifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminium shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly ad- herent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet '^j aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same man- ner shown on the State of California, Department of Transportation Standard Plans RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7'). d) Unless othenwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m^ (5 ft^jof sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall confonn to the requirements of these special provisions. 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perfo- rated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 141 of 173 and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching oper- ations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11mm (7/16") holes on 25 mm (1") centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011", -0.005"). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.010") applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16" in 3'). Tolerance for corner radius is 4.0mm (5/32"), plus or minus 0.40 mm (1/64"). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64") radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1 m (10'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(B). TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions Outside Tolerance for All Sides at Corners mm (inches) mm (inches) 25x25 (1x1) 0.13 0.005 32x32 (IV4XIV4) 0.15 0.006 38x38 (IV2XIV2) 0.15 0.006 44x44 (1%x1%) 0.20 0.008 51x51 (2x2) 0.20 0.008 56x56 (23/l6X23/i6) 0.25 0.010 57x57 (2V4X2V4) 0.25 0.010 64x64 (2V2X2V2) 0.25 0.010 51 x76 (2x3) 0.25 0.010 TABLE 206-8.2(B) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension mm (Inches) Squareness<^> mm (Inches) Twist Pemnissible in 900 mm (3") mm<^) (Inches)^^' 25x25 (1x1) 0.15 0.006 1.3 0.050 32x32 (I-V4XI-V4) 0.18 0.007 1.3 0.050 38x38 (I-V2XI-V2) 0.20 0.009 1.3 0.050 Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 142 of 173 Nominal Outside Dimension mm (Inches) Squareness^^' mm (Inches) Twist Permissible in 900 mm (3") mm(2) (lnches)(2) 44x44 (1-^^/4x1-^/4) 0.25 0.010 1.6 ^062 51 x51 (2x2) 0.30 0.012 1.6 0.062 56x56 (2-3/i6X2-3/l6) 0.36 0.014 1.6 0.062 57x57 (2-V4 X 2-V4) 0.36 1.014 1.6 0.062 64x64 (2-V2 X 2-V2) 0.38 0.015 1.9 0.075 51 x76 (2x3) 0.46 0.018 1.9 0.075 Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that ei- ther corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel "pull- through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (7/8") diameter head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to ASTM B-633, Type III Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20°C (-4°F) to +70°C (158°F) and shall not be affected by unauthorized mobile radio transmissions. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 m (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer Add the following section: 206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automat- ically 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 mes- sages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 143 of 173 of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created mes- sages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifica- tions, including current registration. Add the following section: 206- 9.4 Measurement and Payment. The contract unit price PCMS shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to loca- tion, and delivery of the signs to the City at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made. SECTION 207 - PIPE 207- 2 REINFORCED CONCRETE PIPE. 207-2.5 Joints. Add the following: When watertight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C 361-95 and C 443-94. Pipe designated in the plans as "pressure pipe" or with a 100-year hydraulic grade line at or above the soffit shall be bell and groove spigot joint with "O" rings conforming to ASTM C-443 and C-361 for the limits shown on the plans. 207-9 IRON PIPE AND FITTINGS 207-9.2.2 Pipe Joints Unless othenwise shown on the Plans, all joints shall be the push-on type joint. Joints and accessories shall confonn to the requirements and dimensions specified in ANSI A21.11, AWWA Cl 11. Rubber gasket material shall conform to 208-1.2 and AWWA Cl 11 and ANSI A21.11 - 90. 207-9.2.3 Fittings. Add the following: Ductile iron pipe and fittings shall be manufactured in accord- ance with ANSI 21.50, AWWA C150 and ANSI 21.51, AWWA C151, and shall be of the size and thickness classes shown on the Plans. Unless othenwise specified, size 4-inches through 6-inches DIP shall be thickness Class 52, while size 8-inches and larger shall be thickness Class 50. 207-9.2.4 Lining and Coating. Replace with the following: Unless othenwise specified, all iron pipe and fittings shall be lined with double thickness, cement motor lining with cement conforming to ASTM C150 Type II, AWWA C104/A21.4.90 and outside coating of bituminous coating a minimum of 2 mils, thick in accordance with AWWA C151 or C100. 207-10 STEEL PIPE add the following: 207-10.1 General Fabricated Steel Pipe and Fittings shall conform in all respects to Carisbad Munic- ipal Water District Rules and Regulations for Construction of (Potable or Reclaimed) Water Mains, latest edition. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 144 of 173 207-10.1.2 Submittals. The Contractor shall furnish submittals in accordance with Section 2-5.3, Submittals Shop Drawings. Submittals are required for the following: Shop Drawings Manufacturer's tests Fabrication Details Protective Coatings Layout Drawings Mill Reports or Plant Test Reports Dimensional Checks Welding Procedures/Certification for Field Welding Shop Drawings shall be submitted and approved prior to manufacture of pipe. 207-10.1.3 Quality Assurance. Field welders shall be certified under Section IX, Part A of the ASME Boiler and Pressure Vessel Code or in accordance with AWWA C206, Section 3. Welders shall submit a copy of their certification to the District prior to performing any field welding. Certifications shall be dated within three (3) years of the job to be performed. The top of all pipe and specials shall be cleariy identified by marking the top with "T.O.P." for easy identifications in the field. Plainly mark each length of pipe at the bell end to identify the proper location of the pipe item by reference to the layout schedule. 207-10.1.4 Protective Coatings and Linings. All steel pipe and fittings exposed within a vault or above ground shall be cement-mortar lined in accordance with AWWA C205 and C602 and painted in accordance with CMWD Approved Materials List. All steel pipe and fittings for underground sen/ice shall be cement-mortar lined, taped wrapped and cement-mortar coated in accordance with AWWA C205, C214 and C602 unless othenwise specified on the Drawings. Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207-25 (B). TABLE 207-25.1(A) Property Method Value Thickness ASTM D2103 0114 mm (0.0056") Tensile strength ASTM D882 4500a/cm (25 lbs/inch) (5,500 PSI) Elongation ASTM D882-88 <50 percent at break Printability ASTM D2578 >50 dynes/square centimeter Flexibility ASTM D671-81 Pliable hand Inks Manufacturing specifications Heat-set Mylex Message repeat Manufacturing specifications Even/ 500 mm(20") Foil Manufacturing specifications Dead soft/annealed Top layer Manufacturing specifications Virgin PET Bottom layer Manufacturing specifications Virgin LDPE Adhesives Manufacturing specifications >36 percent, solid 1.5#/R Bond strength Boiling H2O at 100 degrees Celsius Five hours without peel Colors APWA Code See Table 207-25.1 (B) TABLE 207-25.1 (B) Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 145 of 173 DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Utility Marked Red Electric power, distribution, transmission, and municipal electric systems. Yellow Gas and oil distribution and transmission, dangerous materials, product and steani. Orange Telephone and telegraph systems, police and fire communications, and cable television. Blue Water systems. Green Sanitary and storm sewer systems, nonpotable. Brown Force mains. Purple Reclaimed water lines. Add the following section: 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the re- quirements of each of the following agency/association publications. A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321(e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7,1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petro- leum pipelines - APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Sen/ice Guide Specifica- tion for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Para- graph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 209 - ELECTRICAL COMPONENTS 209 ELECTRICAL COMPONENTS. Modify as follows: Section 86, "Signals, Lighting and Electrical Systems", of the Caltrans Standard Specifications replaces Section 209, "Electrical Components", and Section 307, "Street Lighting and Traffic Signals", of the SSPWC, in all matters pertaining to the spec- ifications for measurement, payment, warranty, materials and methods of construction of street lighting and traffic signals. Section 86 of the Caltrans Standard Specifications is unmodified excepted as specified herein. For electrical components provided and installed in systems NOT including street lighting and traffic signals, Section 209 SSPWC is unmodified except as specified in sections other than Section 209, herein. SECTION 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.5(A) Surface to be Painted Pre-reatment / Surface Prepara- tion Primer Finish Coats Temporary Railing type (K) Abrasive Blast Cleaning to a Roughened, Textured Appearance None Two coats white Acrylic Emulsion Paint (1) acrylic emulsion paint designed for use on exterior masonry. This paint shall comply in all respects to Federal Specification TT-P-19 (latest revision). Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 146 of 173 Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall mark- ings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. 8010- 19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 8010- 004 (Type II). CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, Sacra- mento, CA 95819, telephone number (916) 227-7000. 210-3 GALVANIZING. Add the following section: 210-3.6 Galvanizing for Traffic Signal Facilities. The requirements of this section shall pertain only to the preparation and galvanizing of traffic signal facilities. Galvanizing of products fabricated from rolled, pressed and forged steel shapes, plates, bars and strip 3.2 mm (1/8") thick or thicker, shall conform to the specifications of ASTM Designation: A 123, except that complete seal welding of tightly contacting surfaces of these products prior to galvanizing is required only where seal weld- ing is shown on the plans or specified in these special provisions. Except for pre-galvanized stand- ard pipe, galvanizing of material 3.2 mm (1/8") thick or thicker shall be performed after fabrication into the largest practical sections. At the option of the Contractor, material thinner than 3.2 mm (1/8") shall be galvanized either before fabrication in conformance with the requirements of ASTM Designation: A 525M, Coating Designa- tion Z600, or after fabrication in conformance with the requirements of ASTM Designation: A 123, except that the weight of zinc coating shall average not less than 365 g per square meter (1.2 oz. per ft^) of actual surface area with no individual specimen having a coating weight of less than 305 g per square meter (1.0 oz. per ft^). Galvanizing of standard pipe shall conform to the requirements of ASTM Designation: A 53. Galva- nizing will not be required for stainless steel, monel metal and similar corrosion resistant parts. Fabrication shall include all operations such as shearing, cutting, punching, forming, drilling, milling, bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvanizing to remove all slab or other material that would interfere with the adherence of the zinc. When it is nec- essary to straighten any sections after galvanizing, the work shall be performed without damage to the zinc coating. Galvanizing of iron and steel hardware and nuts and bolts, when specified or shown on the plans, shall conform to the specifications of ASTM Designation: A 153, except whenever threaded studs, bolts, nuts, and washers are specified to conform to ASTM Designation: A 307, A 325, A 325M, A 449, A 563, A 563M, or F 436 and zinc coating is required, they shall be hot-dip zinc coated or me- chanically zinc coated in accordance with the requirements of the ASTM Designations. Unless other- wise specified, galvanizing shall be performed after fabrication. Components of bolted assemblies shall be galvanized separately before assembly. Tapping of nuts or other internally threaded parts to be used with zinc coated bolts, anchor bars or studs shall be done after galvanizing and shall con- form to the requirements for thread dimensions and overtapping allowances in ASTM Designation: A 563 or A 563M. When specified, painting of zinc coated surfaces shall be in accordance with the procedures in Section 210.1 "Paint". Galvanized surfaces that are abraded or damaged at any time after the application of the zinc coating shall be repaired by thoroughly wire brushing the damaged areas and removing all loose and cracked coating, after which the cleaned areas shall be painted fj with two applications of unthinned zinc-rich primer (organic vehicle type) conforming to the provi- sions in Section 210-3.5, "Repair of Damaged Zinc Coating." Aerosol cans shall not be used. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 147 of 173 SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS See Technical Specification Section 02810 SECTION 213 - ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) Table 213-2.1 (A) GEOTEXTILE APPLICATIONS Application of Geotextile Type Desig- nation Separation of Soil and Street Structural Section 90WS Separation of Soil and Subsurface Aggregate Drain 180N Reinforcement of Street Structural Section 200WS Remediation and Separation of Soil 270WS Reinforcement of Soil 270WS Drainage at the Interface of Soil Structures N/A Drainage at the Interface of Soil and Structures N/A Rock Slope Protection Fabric for Rock Sizes Below 225 kg (VA Ton) 180N Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (VA Ton) 250N Plant Protection Covering 90N Erosion Control Fence with 14 AWG -150 mm x 150 mm (6"x6") Wire and 3 m (IC) Post Spacing 90WS Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing 200WS Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213- 3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (%") crushed rock and securely tied closed. Plastic bags are not acceptable. SECTION 214 PAVEMENT MARKERS 214- 5 REFLECTIVE PAVEMENT MARKERS Add the following section: 214-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-5.1 (A), or equal thereto. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 148 of 173 TABLE 214-5.1 (A) TEMPORARY REFLECTIVE PAVEMENT MARKERS Type Manufacturer of Distributor TOM- Temporary Overiay Davidson Traffic Control Products, 3110 70"" Avenue East, Tacoma, Markers WA 98424, (877) 335-4638 Add the following section: 14-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto. TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Type Manufacturer of Distributor Safe-Hit SH336SMA Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100 Chicago, IL 60602 (800) 537-8958 Garsonite "Super Duck" SDR3036 Garsonite Composites, LLC Garsonite "Super Duck" SDR3036 605 Bob Gifford Boulevard Early Branch, SC 29916 (800)648-7916 Repo "The Replaceable Post" Western Highway Products Repo "The Replaceable Post" 10680 Fern Avenue Stanton, CA 90680 (800) 854-3360 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the ap- proved quality control program. SECTION 215-FENCING Add the following section: 215-1 ENVIRONMENTAL FENCING. Add the following section: 215-1.1 Materials. Environmental fence shall be minimum 4 high, orange colored plastic construc- tion fencing installed prior to performing any work. Environmental fence shall be constructed of non- toxic, non-conductive polyethylene capable of withstanding temperatures from -58F degrees to V Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 149 of 173 194F degrees. Color shall be non-fading. Posts shall be 6'-6" long, shall be spaced no more than lO'-O" apart and buried portion shall be no less than 2'-6" deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose intended, as deter- mined by the Engineer. Materials may be commercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be either metal or wood at the Contractor's option. Galvanizing and painting of steel items will not be required. Treating wood with wood presen/atives will not be required. Concrete footings for metal posts will not be required. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 150 of 173 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBUC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General, add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be re- moved from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials, add the following: Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment, modify as follows: Payment for clearing and grubbing shall be made at the con- tract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless othenwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation wori<, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvag- ing clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1') of the sub- grade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grad- ing and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2.1 General, add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed ^^^^ Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 151 of 173 or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General, add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and coUuvium may exist within portions of the Project site. Where required by the Engi- neer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressi- ble soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is consid- ered othenwise unsuitable by the Engineer in which case it may be paid for in accordance with sec- tion 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered othenwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300-2.2.1. 300-2.5 Slopes, add the following: The hinge points (the top and bottom) of slopes shall be located within 75 mm (0.25') of the locations shown on the plans. 300-2.5 Slopes, add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material, add the following: The Contractor shall haul and dispose of all.surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of ma- terial from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be al- lowed for hauling material on public streets. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301 -1.4 SSPWC. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General, add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 152 of 173 V below grade as directed by the Engineer 300-3.6 Payment, add the following: Dewatering shall be paid for as an incidental and no additional compensation will be made therefore. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas, add the following: Except as provided in section 300-4.7, "Com- paction", areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as deter- mined in accordance with ASTM Test Procedure Dl 557-91. 300-4.5 Placing Materials for Fills, add the following: The Contractor shall perform grading such that the upper 900 mm (3') of fill placed in the roadway pavement area is composed of properiy com- pacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18- 2 as published by the International Conference of Building Officials. Should insufficient soils meet- ing the requirement of an expansion index of 50 or less be present within the limits of work, soils of the least expansion index that are available within the limits of work shall be incorporated in the up- per 900 mm (3') of fill placed in the roadway. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This re- quirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter shall not be placed in the upper 900 mm (3') of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Over- size material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carls- bad, a separate grading permit will be required for disposal of rock. 300-4.6 Application of Water, add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557- 91. 300-4.7 Compaction, add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6") shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.8 Slopes, add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep's foot roller at vertical inten/als no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion. 300-4.9 Measurement and Payment, delete and substitute the following: Unclassified fill, grading, 0 Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 153 of 173 shaping, compacting or consolidating, slope rounding, construction of transitions and all work in- cluded in and incidental to Section 300-4, "Unclassified Fill" will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. 300-5 BORROW EXCAVATION. Add the following section: 300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of the requirements in Table 300-5.2.1 (A) and the following requirements. Rock included in the top 1 m (3') of imported bor- row shall be particles of less than 75 mm (3"). Rock included below the top 1 m (3') of imported bor- row shall be particles of less than 150 mm (6"). TABLE 300-5.2.1 (A) IMPORTED BORROW PROPERTIES Tests Test Method No. Requirements R-Value Calif. 301 40 Min. Expansion Index UBC Standard 18-2 10 Max. Plasticity Index ASTM D 424 4 Max. Sieve Analysis ASTM D 422 Percent Passing 75ix (No. 200) 15 Max. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conform- ing to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Manage- ment Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth benns, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", current edition as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Storm- water Best Management Practices Handbook, Construction", current edition on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 154 of 173 roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods . b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as in- cluded in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water poiiution prevention work, the Contractor shall prepare and submit a Tier 1 Storm Water Pollution Prevention Plan, here- after referred to as the "SWPPP," attached as Appendix C. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Add the following section: 300-13.1.4 SWPPP implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and main- taining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless othenwise directed by the Engineer or speci- fied in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6- 3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, re- moval and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. Revised 11/24/10 Contract No.6608,5019, 6001, 4016 (Grand Avenue) Page 155 of 173 The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water manage- ment and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as deter- mined by the Engineer. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour inten/als during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identi- fied control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no addi- tional cost to the City. Add the following section: 300- 13.4 Payment. Payment shall be made at the contract lump sum item bid. SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301- 1 SUBGRADE PREPARATION. 301 -1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Con- tractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or side- walk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 156 of 173 V included in the contract bid price for which the subgrade is prepared and shall include all labor, ma- terials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 - ROADWAY SURFACING Add the following: The Contractor shall be responsible for tree trimming along the curb line as noted in Section 300-1 Clearing and Grubbing - so as to provide a clear travel way during the construction of the roadway resurfacing. The Contractor shall treat all vegetation within the limits of the paved area to be surfaced with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to surfacing the street. Allowance for the two day period shall be shown in the schedule required per section 6-1. Payment for pavement surfacing shall include tree trimming and post emergent herbicide treatment of the areas to be surfaced and no extra payment will be made therefore. Public Convenience and Traffic Control. The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9400. At least two weeks prior to work. Contractor shall send, by first class mail, notification letters to all property addresses within 500' of the work. Obtaining the appropriate addresses shall be the con- tractor's responsibility Letters shall be as shown in bold type as follows, with the appropriate infor- mation specific to the work inserted at the locations indicated in the brackets and italicized. {Name of Contractoi) (Address of Contractoi) (Contractor's License Numbei) (Date) As a part of the City of Carlsbad's ongoing program to maintain its street and storm drainage system, construction activities wiii occur in Grand Avenue be- tween (XX and XX), beginning in two or three weelcs. This construction activi- ties wiii require temporary road closures and traffic diversion starting at 7:00 a.m. and continuing until the Contractor removes the traffic control devices. You will be notified 72 hours in advance of the day construction will begin by a brightly colored 3 Va" x 8 Vz" card attached to your doorknob. You wlll also no- tice temporary no parking signs on your street with a specific no parking date written on it. A successful maintenance program depends on your cooperation. Piease do not drive, walk, play, skate or allow pets on the street until it is opened by the Con- tractor. Furthermore, piease do not wash your car or turn on any sprinklers while you are waiting. If you don't pian to leave your business/home before 7:00 a.m. on the day your street wiii be surfaced, and you need to use your vehicle later in the day, please park your car on an adjacent street in your neighborhood that is not signed as a no parking zone. When walking to and from your car, re- member not to walk on the newly surfaced street or you may have black residue on the bottom of your shoes. The residue may damage some surfaces, may mark surfaces that you track it on, and may be very difficult to remove. ^\ Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 157 of 173 V (Name of Contractoi) is the Contractor that wili be performing the resurfacing work for the City and you may caii them at (24 hour per day attended telephone number in the 760 area code) for any questions you may have about the project. On the day your street is surfaced mail delivery may be delayed until the next day. You wiii not know the exact date your street will be closed until you re- ceive the 3 Va" X 8 14" card, if you have a moving company scheduled to come to your house within the next two weeks, please call and inform the Contractor of the date, if you have any concerns which are not addressed by the Contractor, piease caii the City's Engineering Inspection Department at 760-602-2780. They wili assist you in resolving the concerns. The City of Carlsbad has some of the finest streets in the county due to the con- cern and cooperation of citizens like you. Your cooperation is greatiy appreci- ated." During operations, the Contractor's schedule for resurfacing shall be designed to provide residents and business owner's sufficient paved parking within an 800 foot distance from their homes or busi- nesses. Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicu- lar traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the im- pending 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 resi- dences and/or businesses directly affected by the work shall be notified. The Contractor shall deliver the notification 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 infomnation. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engi- neer. For door hangers, the notification shall be pre-cut in a manner that enables it to be affixed to a door- knob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices shall be as shown on the example provided in Appendix "A", with the day of the week circled and ap- propriate information specific to the work inserted at the locations indicated in the italicized font. 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. 302-5 ASPHALT CONCRETE PAVEMENT. Add the following: Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 158 of 173 302-5.2 Pavement Transitions. The Contractor shall ramp the approaches and termini to all struc- tures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and com- paction shall be as approved by the Engineer. 302-5.5 Distribution and Spreading, modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30') minimum length. The paving machine shall be operated by an oper- ator and two full-time screed men during all paving. The Contractor shall provide an on-site backup paving machine during all paving operations. Delete the second sentence of paragraph 7 and the subsequent subsections A. thru E. which refer- ence windrow operations. Add the following sentence in place of the deleted sentence and subse- quent subsections: The use of windrow operations shall not be allowed. 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 othenwise directed by the Engineer. modify as follows: After last paragraph, add: Unless directed othenwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.8 Manholes (and other structures), delete the first paragraph and replace with the following: When placing the overiay the Contractor shall pave over appurtenances in the roadway which in- cludes sanitary and storm access covers, water valve boxes, air vents, sewer dead end boxes and sun/ey monument boxes. Each appurtenance shall be treated or covered to prevent adhesion of the overiay. Each appurtenance shall be located immediately after the overiay is placed and shall be thoroughly cleaned of any and all construction debris which may have entered due to the Contrac- tor's operation. The contractor shall adjust all CMWD water valve boxes per CMWD Standard Draw- ing No. Wl 1 or CMWD Standard Drawing No. W13. All City of Carisbad sanitary sewer access co- vers shall be adjusted per CMWD Drawing No. SI. All storm sewer access covers shall be adjusted per SDRSD D-10. Riser rings or extensions shall not be used for the adjustment of these appurte- nances. Raising and adjusting to grade all 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, mate- rials, and equipment necessary for completing the work as described in these specifications and plans. 302-5.9 Measurement and Payment, add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat or sand blotter. Add the following section: 302-11 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section. 302-11.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and resto- ration of existing asphalt pavement. Repair of asphait pavement shall consist of the saw cutting, re- moval and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction of existing subgrade in conformance with section 301-1, grading and compaction of base material in conformance with section 301-2, application of grade SS-1h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 159 of 173 Add the following section. 302-11.2 Full Depth Asphalt Concrete Patch. Full depth asphalt concrete patch shall consist of removing asphalt concrete and/or aggregate base/subgrade to 300 mm (1') below existing asphalt surface and placing replacing the material so removed with asphalt concrete. The area shown on the plans or set forth in the bid item are for estimating purposes only, final quantity will be as meas- ured in the field. The Engineer will designate and mark the final limits of the asphalt patch area by outlining the area to be patched. The Contractor shall cut such areas to straight lines in square or rectangular areas as marked. The area so cut shall have two of the sides at right angles to the di- rection of traffic. The excavated faces of the base/subgrade shall be straight and vertical. The Con- tractor shall compact the upper 300mm (1') of subgrade to 95% relative compaction. A tack coat of SS-lh emulsified asphalt shall be applied uniformly to all asphalt to asphalt contact surfaces at a rate of 0.25 L/m^ to 0.45 L/m^ (0.05 to O.IOgallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill and compact areas designated to be removed with 300 mm (1.0') full depth asphalt concrete. Asphalt concrete for full depth asphalt concrete patch shall be B-AR-4000. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 SSPWC. Add the following section. 302-11.3 Crack Sealing The Contractor shall wash, blow out and thoroughly dry all cracks desig- nated to be sealed before installing hot poured rubber-asphalt joint sealant material. The sealant shall conform to the requirements of ASTM Dl 190. The Contractor shall dispose 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. Tempera- ture of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot-melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pave- ment surface temperature is greater than 4°C (40°F). Containers of hot-melt sealant shall be deliv- ered to the job-site in unopened containers that are clearly marked with data showing the manufac- turer'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. Add the following section: 302-11.4. Measurement and Payment. Quantities of full depth asphalt concrete patch and crack sealing set forth in the bid item are for estimating purposes only, final quantity will be as designated and measured in the field. The Engineer will designate and mark the limits of the Full depth asphalt concrete patch and crack sealant application areas. Payment for resurfacing shall include post emergent herbicide treatment. Full compensation for conforming to the requirements of constructing full depth asphalt concrete patch shall include but not be limited to: furnishing all labor, tools, equip- ment, and materials necessary for doing the work including, saw cutting and removing and disposing 300 mm (1') thick section 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-lh asphalt emulsion and all other work incidental to full depth asphalt concrete patch shall be considered as included in the contract unit price bid for full depth asphalt concrete patch and no additional compensation will be allowed therefore. Full compensation for con- forming 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 therefore. Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 160 of 173 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 303-2 AIR-PLACED CONCRETE. 303-2.1.1 General, add the following: Modify Regional Standard Drawing D-75 as follows: replace stucco netting with 150mm x 150mm (6" x 6") by No. 10 by No. 10 welded wire mesh. Add the following section: 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.5.2 Curb, add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Type of underground facilities Marking Water Service Lateral W Sewer Service Lateral S Irrigation Water Lateral or Sleeve RW 303-5.9 Measurement and Payment, add the following: Curb and gutter, and curb, shall be con- ,^mi^ sidered as continuing across driveways and access ramps when constructed adjacent thereto. Nei- ther curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. 303-6 STAMPED CONCRETE. 303-6.1 General. Add the following: Concrete shall be 560-C-3250 with 6"x6" -10 guage wire mesh throughout. SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS Add the following section: 306-1.1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. Add the following section: 306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless othenwise approved by the Engineer. It is recog- nized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review pro- cess will take into account the following factors: Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 161 of 173 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. ^ 3. Size of the proposed excavation. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: PS = [ APT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (kmh) + SLOPE X 100] X UNES 1000 8 PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (mph) + SLOPE X 100] X LANES 1000 5 where: PS = plate score. ADT = average daily traffic as defined in the Federal Highway Administration (FHWA) Man- ual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2012 California Supplement. EWL = equivalent wheel loads as defined in the Federal Highway Administration (FHWA) Man- ual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2012 California Supplement. DAYS = total number of 24 hour periods during which the plates will be utilized at the site being considered. WEEKEND = total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. NIGHTS = total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. WEATHER = total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. SPEED = the design speed in kilometers per hour or miles per hour, as applicable in the fomnulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions. SLOPE = the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50') up and downstream of the position of the proposed steel plate bridging. LANES = the number of lanes where plates will be used. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 162 of 173 submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1.5. Add the following section: 306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridg- ing with a non-skid surface and shoring may be required to presen/e unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified hereinbefore. b) Steel plates used for bridging must extend a minimum of 610 mm (2') beyond the edges of the trench. c) Steel plate bridging shall be installed to operate with minimum noise. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use. Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1") and shall be filled with elastomeric sealant material which may, at the contractor's option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(B) and 203-5.3(A). Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longitu- "^.^ dinal placement) shall be attached to the roadway and shall be secured against displacement by us- ing two adjustable cleats that are no less than 50 mm (2") shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6") of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diame- ter (12" X %") steel bolts placed through the plate and driven into holes drilled 300 mm (12") into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12") taper to cover all edges of the steel plates. When steel plates are re- moved, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor's option, the methods required for Method 1 may be used. If the Con- tractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. Add the following section: 306-1.1.7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table 306-1.1.7.4(A) TABLE 306-1.1.7.4(A) REQUIRED PLATE THICKNESS FG R A GIVEN TRENCH WIDTH Maximum Trench Width Minimum Plate Thickness 0.3 m (10") 13 mm (V2") 0.6 m (23") 19 mm m 0.8 m (31") 22 mm i'/s") 1.0 m (41") 25 mm (1") 1.6 m (63") 32 mm (1 ^ the Engineer for review and approval in accordance with section 2-5.3. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 163 of 173 steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CALTRANS District 11 Materials Engineer to corre- late skid resistance results to California Test Method 342. In addition to all other required construc- tion signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and pad- ding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supen/ision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.2.1 Bedding. All installation of, and bedding for recycled water, or potable water mains sball conform to Carisbad Municipal Water District Rules and Regulations for the Construction of (Potable or Reclaimed) Water Mains, latest edition. 306.1.2.2 Pipe Laying, add the following: The Contractor shall place electrical conduit per DWG 457-4K. 306-1.2.4 Field Jointing of Reinforced Concrete Pipe, add the following: The Contractor shall pro- vide Gasket-type joints for reinforced concrete pipe (watertight joints) where indicated on plans. 306-1.3.1 General, add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9" x 3") above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. 306-1.3.4 Compaction Requirements, delete Section 306-1.3.4 and replace with the following: The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent. 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the follow- ing: Temporary bituminous resurfacing materials which are placed by the Contractor are for its con- venience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bitumi- nous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and re- placed with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 164 of 173 306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1, "Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. 306-1.6 Basis of Payment for Open Trench Installation, add the following: Payment for utilities undergrounding which includes the utility trench for CATV and SDG&E and conduit for SDG&E's electric conversion shall be made on the basis of contract lump sum price for utilities undergrounding and no other payments will be made. Cox Cable will supply and deliver conduits and fittings to be installed by the Contractor. Cox Cable will install enclosures. The Contractor will furnish and install 6.4 mm {VA") nylon pull ropes in all conduit. 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless othenwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNALS 307 STREET LIGHTING AND TRAFFIC SIGNALS. Modify as follows: Section 86, "Signals, Lighting and Electrical Systems", of the Caltrans Standard Specifications replaces Section 209, "Electrical Components", and Section 307, "Street Lighting and Traffic Signals", of the SSPWC, in all matters pertaining to the specifications for measurement, payment, warranty, materials and methods of con- struction of street lighting and traffic signals. SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 308-2 EARTHWORK AND TOPSOIL PLACEMENT 308-2.3.2 Fertilization and Conditioning Procedures, add the following: The Contractor shall cul- tivate the surface of all areas to be planted or hydroseeded by discing, ripping or scarifying the finish grade. After cultivation the Contractor shall clear the planting areas of stones to the depth of cultiva- tion and shall be rake the planting areas to a smooth friable and plantable surface. The Contractor shall cultivate all planting areas, except slopes steeper than 3-1/2:1 (horizontal to vertical), to a depth of 300 mm (12"). The planting areas that are slopes steeper than 3-1/2:1, shall be cultivated to a depth of 150 mm (6"). After cultivation, the soil amendments shown in table 308-2.3.2(A) shall be thoroughly blended 150 mm (6") deep in all planting areas. Except for planting pits the cultivation depths are designated as the root area. Backfill for planting pits shall conform to the requirements of section 308-4.5. After surface preparation and application of the soil amendments shown in Table 308-2.3.2(A) the Contractor shall obtain a minimum of one test for each soil property listed in Tables 308-2.3.2(6) and 308-2.3.2(C) from each median planter, at least one test per 150 m (500') from each parkway and for each hectare (2.5 acres) of hydroseeded area and shall submit the results of said tests to the Engineer. The Contractor shall then adjust the soil properties to the acceptable ranges of soil properties shown in Tables 308-2.3.2(6) and 308-2.3.2(C) using such materials and methods as may be necessary. Organic soil amendment materials shall not be included in the sam- ples used to determine compliance to the soil particle gradation requirements of Table 308-2.3.2(C). If adjustments are necessary the soil shall be tested by the Contractor after such adjustments for each soil property listed in Table 308-2.3.2(6) and 308-2.3.2(0) to determine that the adjustments to the soil made by the Contractor result in soil properties within the acceptable range. The Contractor shall adjust the soil properties and show acceptable ranges prior to any planting or application of hy- droseed slurry. Prior to the start of any planting or application of hydroseed slurry the surface and root area shall be evenly and thoroughly moistened to no less than 75 percent of field capacity. The Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 165 of 173 Contractor shall certify, in writing, that the ground surface has been prepared in accordance with this section and shall request inspection by the Engineer prior to any planting or seeding. The Contractor shall obtain the Engineer's approval before any planting or hydroseeding. TABLE 308-2.3.2(A) SOIL AMENDMENTS Soil Amendment Metric Application Rate Approx. U.S. Application Rate Agricultural Gypsum 500 q per square meter 100 Ibs. per 1,000 square feet Iron Sulfate 50 q per square meter 10 Ibs. per 1,000 square feet Calcium Carbonate Lime 500 q per square meter 100 Ibs. per 1,000 square feet Organic Soil Amendment 0.04115 cubic meters per square meter (average depth 41 mm) 5 cubic yards per 1,000 square feet (average depth 1 Va") TABLE 308-2.3.2(B) SOIL PROPERTIES Soil Propertv Acceptable Range Test Method Repeatability Range of Test pH 6.5 to 7.3 Saturation Paste pH ±0.1 pH Dissolved Salts (ECe) < 4.0 dS m-^ Saturation Paste Solu- ble Salts ± 7% Liquid Limit N/A to 30 ASTM D 423 ± 2 Plasticity Index NPto 10 ASTM D424 ± 2 TABLE 308-2.3.2(0 SOIL PARTICLE GRADATION Sieve Siize Percent Passing 19 mm (3/4") 100 9.5 mm (%") 95-100 4.75 mm (No. 4) 60-85 1.89 mm (No. 10) 40-75 475 um (No. 40) 35-70 75 um (No. 200) 30-70 For areas to receive planting of all types, excluding only hydroseeding, the Contractor shall amend the prepared soil by blending 200 g of 7-7-7 fertilizer per square meter (40 Ibs. per 1,000 square feet) into the top 150 mm (6") of soil after the completion of adjustment of soil properties and ac- ceptance of the planting area by the Engineer. The Contractor shall apply post-plant 12-4-6 fertilizer at the rate of 20 pounds per 1,000 square feet, 30 days after planting and every 30 days through the end of the maintenance period. 308-2.4 Finish Grading., add following: The Contractor shall prepare the finish grade in hydroseed slope areas with a moderately rough texture to provide a suitable surface for adherence of the hy- droseed mix. 308-4 PLANTING. 308-4.1 General, add the following: The Contractor shall perform actual planting during those peri- ods when weather and soil conditions are suitable and in accordance with locally accepted horticul- tural practice and as approved by the Engineer. No planting shall be done in any area until it has Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 166 of 173 been satisfactorily prepared in accordance with these specifications. Soil moisture level prior to planting shall be no less than 75 percent of field capacity. The Contractor shall obtain the Engineer's approval of planting pits before planting operations begin. For pit planted vegetation when the soil moisture level is found to be insufficient for planting, the Contractor shall fill the planting pits with wa- ter and allow them to drain before starting planting operations. No more plants shall be distributed in the planting area on any day than can be planted and watered on that day. The Contractor shall plant and water all plants as herein specified immediately after removal from their containers. Con- tainers shall not be cut prior to placing the plants in the planting area. It shall be the responsibility of the Contractor to provide continuous horticultural sen/ices and temporary and/or permanent irriga- tion to all planted and hydroseeded areas so that the planted and hydroseeded vegetation is 100 percent healthy and thriving prior to, and throughout the, landscape maintenance period. 308-4.2 Protection and Storage, add the following: The Contractor shall submit a sheltered and secure location for on-site plant storage area for the Engineer's approval prior to the delivery of any plant materials. Any plant determined by the Engineer to be wilted, broken, or othenwise damaged shall be rejected at any time during the project, whether in the ground or not. All plants shall be handled by their containers. Any plant that has been handled by its trunk or stem shall be rejected. All rejected plants shall be removed from the site immediately. 308-4.3 Layout and Plant Location, modify as follows: Planting areas shall be staked by the Con- tractor and the Contractor shall obtain the Engineer's approval of the planting layout before planting operations begin. 308-4.5 Tree and Shrub Planting, add the following: The Contractor shall amend the backfill for planting holes to a thoroughly blended mixture of clean loamy soil meeting the requirements of Ta- bles 308-2.3.2(6) and 308-2.3.2(0) and then blend the amendments listed in Table 308-4.5(A) into the backfill for planting holes. TABLE 308-4.5(A) BACKFILL AND AMENDMENTS FOR TREE AND SH RUB PLANTING Soil Amendment Metric Application Rate Approx. U.S. Application Rate Agricultural Gypsum 18 kg per cubic meter 30 Ibs. per cubic yard Iron Sulfate 600 g per cubic meter 1 Ib. per cubic yard Calcium Carbonate Lime 6 kg per cubic meter 10 Ibs. per cubic yard Organic Soil Amendment 0.67 cubic meters per cubic meter V3 cubic yards per cubic yard Planting Tablets ^ 1 per 100 mm dia. pot container 1 per 4" dia. pot container Planting Tablets ^ 2 per 19 liter container 2 per 5 gal. container Planting Tablets ^ 1 per each 50 mm width of each box- size container 1 per each 2" width of each box- size container ^ Planting tablet requirements are not cumulative and apply to the size container indicated Pruning shall be limited to the minimum necessary to remove injured twigs and branches, and to compensate for loss of roots during transplanting, but never to exceed one-tenth the branching structure. Pruning may be done only with the approval of, and in the presence of, the Engineer. Cuts over 19 mm (%") shall be painted with an approved tree wound paint. 308-4.6 Plant Staking and Guying, add the following: The Contractor shall install all boxed trees per drawings L-1 and L-2 of the San Diego Regional Standard Drawings unless details shown on the project plans differ therefrom. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 167 of 173 Add the following section: 308-4.8.3.1 Weed Eradication. The Contractor shall water all irrigated areas to be hydroseeded for three (3) weeks prior to hydroseeding to allow for germination of the weed seeds. The Contractor shall spray all weeds with a post emergent herbicide immediately after the completion of the three week irrigation period. After two (2) weeks, the Contractor shall again eradicate the weeds and complete the preparation of the soil prior to the application of the hydroseed mixes. 308-8 MEASUREMENT AND PAYMENT, add the following: Landscape and irrigation materials and installation shall be included in the per lineal foot bid for pipeline installation. No separate pay- ment for landscape and irrigation will be made. SECTION 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth para- graph as follows: The Contractor shall furnish all equipment, materials, labor, and supen/ision nec- essary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essen- tial for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or tempo- rary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Man- ual, or that may be confusing to the public. The surface produced by grinding the existing or tempo- rary traffic striping or markings on pavement shall not exceed variations from a unifonn plane more than 3 mm (Vs") in 3 m (10') when measured parallel to the centeriine of the street or more than 6 mm (V4") in 3 m (10') when measured perpendicular to the centeriine 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 Con- tractor. This equipment shall meet all requirements of the air pollution control district having jurisdic- tion. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vac- uum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engi- neer. 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 overiay is not permitted. 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by sur- veying methods. No layout of traffic striping shall be performed by the Contractor before establish- ment of the necessary control points. The Contractor shall establish all traffic striping between these Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 168 of 173 points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviat- ing more than 80mm per 100mm (1/2 inch in 50 feet) by wet grinding, and then correcting the mark- ings. The Contractor shall lay out (cat track) immediately behind installation of surface course as- phalt and as the work progresses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for temporary and final traffic striping, and no additional compensation will be allowed therefore. Reapplication of temporary stripes and mark- ings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefore. The lump sum prices bid and shall include all labor, tools, equipment, materials, and inci- dentals for doing all work in installing the final and temporary traffic striping. Add the following Section: 310-7 PERMANENT SIGNING Add the following Section: 310-7.1 General. Add the following section: The Contractor shall provide and install all permanent traffic control signs at locations shown on plans and as specified herein. Add the following section: 310-7.2 Measurement And Payment. Permanent signing and appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for permanent signing and payment therefore shall include full compensation for furnishing all labor, materials, tools, equip- ment, and incidentals and for doing all the work involved in supplying and installing permanent sign- ing and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Add the following to the third paragraph: 4) When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. Add the following section: 312-1.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on cun/ed alignment to the same tolerances of position as for application of paint in section 310-5.6.8. The Contractor shall perform all layout work necessary to place the channelizers to the proper align- ment. 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. Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 169 of 173 SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, chan- nelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way sen/ed by said final and temporary traffic pavement markers, signing, railing (type K) and appurte- nances to public traffic. 313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 "Pavement Marker Place- ment and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 "Placemenf, shall not apply; and epoxy ad- hesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following section: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provi- sions. The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on cun/ed alignment. All layout work necessary to place the channelizers to the proper alignment shall be per- formed 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 ac- cordance 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 qual- ity control program approved by the Engineer. Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: V Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 170 of 173 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or over- turned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of in- terconnected new or undamaged used precast concrete barrier units as shown on the pians. Tem- porary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall confonn to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall confonn to the provisions in sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland Ce- ment Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall confonn to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Desig- nation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a mini- mum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm (%") thick plate welded on the upper end with a 5-mm (^/le") fillet weld. The final surface finish of temporary railings (Type K) shall confonn to the provisions in section 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a unifonn bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on cun/ed alignment. Each rail unit placed within 3 m (10') of a traffic lane shall have a reflector installed on top of the rail as di- ^% rected by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P Revised 11 /24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 171 of 173 marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Man- ual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2012 California Supplement shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the trav- eled way. Type P marker panels shall conform to the provisions of section 206-7.2, 'Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary ex- cavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite III" manufactured by Energy Absorption Systems, "Fitch Inertial 6arrier System Mod- ules" manufactured by Roadway Safety Sen/ice, or equal. Features required to determine equiva- lence of any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direc- tion, is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CALTRANS Standard Drawings Tl and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2012 California Supplement shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings Tl and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the trav- elled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channel- izers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appur- tenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re- painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 172 of 173 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600-3 Rubberized Emulsion - Aggregate Slurry 600-3.2 Materials add the following: Aggregate for Rubberized Emulsion - Aggregate Slurry shall be Type I Slurry Aggregate. 600-3.4 Application of REAS add to the first paragraphs: No slurry shall be applied until the provi- sions of subsection 212-1.2.6, Herbicide Application, Section 302-11 Asphalt Concrete Pavement Crack Filling and Sealing, Section 312-3 Pavement Marker Removal have all been satisfied. The Contractor shall remove ali existing markings, legends and striping, either permanent or tempo- rary in those areas to be slurried. Removal of striping by high velocity water jet may be pemnitted when there is neither potential of the water and detritus from the high velocity water jetting to dam- age vehicles or private property nor to flow from the street into any stomn drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the stomn drain system or to leave the pave- ment surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. All cracks and areas between existing curb and gutter and edge of pavement that contain weeds or plant growth of any kind shall be treated with herbicides. Herbicides shall be applied at least 2(two) working days prior to sealing of street. Allowance for the two day period shall be shown in the schedule required per section 6-1. Contractor shall remove any visible plant growth prior to place- ment of Herbicide. Full compensation for removal of striping and herbicide application shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work and shall be con- sidered as included in the contract unit price bid for Rubberized Emulsion Aggregate Slurry and no additional compensation will be allowed therefore. 600-3.6 Public Convenience and Traffic Control modify the first line with the following: Public Convenience and traffic control shall conform to 302-4.4.4. There shall be no stockpiling of material allowed on City right-of-way. Revised 11/24/10 Contract No.6608, 5019, 6001, 4016 (Grand Avenue) Page 173 of 173