The URL can be used to link to this page

Home My WebLink AboutPeterson-Chase General Eng Construction Inc; 1999-03-01;aaE+qaL n c ,$ P LUQd &7iiE:B 1x52 2-95? xG2: 1990 0 Recording requested by: CITY OF CARLSBAD When recorded mail to: -icn I c OFFICIAL ~d%h !jF$m# J * $HI Tit 5 c:aiJjm kf@mEF: 39r;, 2fE@ C@p{ EEgfl;DRMR'S EFFIE City City I200 of Clerk Carlsbad Carlsbad Village Dr. 6li~l~~~l~~l~~~~~l~~~l~l~~~~~~ 1999-0685248 Carlsbad, CA 92008 Space above this line for Recorder's C $i= NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property I 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, 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed o 1999. 6. The name of the contractor, if any, for such work of improvement is Peter: General Engineering Construction, Inc. 7. I he property on which said work ot improvement was completed is in the City of County of San Diego, State of California, and is described as the construct Palomar Airport Road/l-5 Right Turn Lane, Project No. 3268. 8. The address of said property is within the limits of the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive California, 92008; the City Council of said City on October 5 , 1999, ac 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 October 7 , 1999, at Carlsbad, California. CITY OF CARLSBAD City Clerk PALOMAR AIRPORT ROADII-5 TURN LANES CONTRACT NO. 3268 PETERSON-CHASE GENERAL ENGINEERING CONSTRUCTION INC I 1 3 1 11 r ID I I I 1 I I L CITY OF CARLSBAD 0 San Diego County California I CONTRACT DOCUMENTS AND SPEC PROVISIONS c FOR PALOMAR AIRPORT ROADD-5 TURN LANES 1 CONTRACT NO. 3268 September 14,1998 4- \@ 7/17/98 Contract No. 3268 Page 1 of 101 f t I TABLE OF CONTENTS Item - P NOTICE INVITING BIDS ........................................................................................................ CONTRACTORS PROPOSAL ............................................................................................... BID SECURITY FORM ........................................................................................................... BIDDERS BOND TO ACCOMPANY PROPOSAL GUIDELINES FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AMOUNT OF SUBCONTRACTORS BID" AND "DESIGNATION OF OWNER OPERATOWLESSOR 8 AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTORS BID ......... DESIGNATION OF OWNER OPERATOWLESSOR & AMOUNT OF OWNER OPERATOWLESSOR WORK ............................................................................................... BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ............................... BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION .......................... BIDDER' S STATEMENT OF RE-DEBARMENT - 1 z .................................................................. e ....................................... I 1 I It I I I ................................................. I .................................................................... BIDDERS DiscLosuRE OF DisciPLiNE RECORD ................................................... NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMlnED WITH BID .............................................................................. CONTRACT PUBLIC WORKS LABOR AND MATERIALS BOND ........................................................................................... FAITHFUL PERFORMANCENVARRANTY BOND .................................................................. REPRESENTATION AND CERTIFICATION ESCROW AGREEMENT FOR SURETY DEPOSITS'IN LIEU OF RETENTION (OPTIONAL) .............................................................. ................................................................................................ 8 .......................................................................... 1 SPECIAL PROVISIONS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORK: CONSTRUCTION PART 1, GENERAL PROVISIONS ............................................................ I CALTRANS ENCROACHMENT PERMIT 4- \# 7/17/98 Contract No. 3268 Page 2 of 101 Pi b 1 c f CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbai Drive, Carlsbad, California 92008-1989, until 4:OO P.M. on the 25TH day of November, which time they will be opened and read, for performing the work as follows: PALOMAR AIRPORT ROADII-5 TURN LANES CONTRACT NO. 3268 1 E e U 1 1 I 4 I I I II I 8 I The work shall be performed in strict conformity with the specifications as approved by Council of the City of Carlsbad on file with the Engineering Department. The specification work include the Standard SDecifications for Public Works Construction 1997 Edition and I supplement thereto, all hereinafter designated "SSPWC" as issued by the Southern C Chapter of the American Public Works Association and as amended by the special pi sections of this contract and Caltrans Standard Specifications 1995 Edition. Reference i: made to the specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesse: The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and COI to utilize recycled and recyclable materials when available, appropriate and approved Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in biddi a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisc the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Pu Department. Each bid must be accompanied by security in a form and amount required The bidder's security of the second and third next lowest responsive bidders may be witht the Contract has been fully executed. The security submitted by all other unsuccessful bidd be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. I to the provisions of law (Public Contract Code section 10263), appropriate securities substituted for any obligation required by this notice or for any monies withheld by the City tc performance under this Contract. section 10263 of the Public Contract Code requires rn securities to be deposited with the City or a state or federally chartered bank in Californi escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omi: the agent in connection with the handling of retentions under this section in an amount not I $1 00,000 per contract. The documents which comprise the Bidder's proposal and that must be completed, executed and notarized are: b em pIs 7/17/98 Contract No. 3268 Page 3of 101 P t I I ff 1 1 I 1 8 1 I i 1 I I I 1. Contractor's Proposal 2. Bidder's Bond 4. Designation of Subcontractors 5. Designation of Owner Operator/Lessors & 6. Bidder's Statement of Financial 7. Bidder's Statement of Technical Ability All bids will be compared on the basis of the Engineer's Estimate. The estimated quan approximate and serve solely as a basis for the comparison of bids. The Engineer's Est $204,000. No bid shall be accepted from a contractor who is not licensed in accordance with the pro\ California state law. The contractor shall state their license number, expiration d classification in the proposal, under penalty of perjury. The following classifications are ac for this contract: Class "A", in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract documen of the usual 10% retention from each payment, these documents must be completed and s with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Pu Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundat $25.00 per set. If plans and specifications are to be mailed, the cost for postage should be Any prospective bidder who is in doubt as to the intended meaning of any part of the c specifications or other contract documents, or finds discrepancies in or omissions from the ( and specifications may submit to the Engineer a written request for clarification or correcti response will be made only by a written addendum duly issued by the Engineer a coy of v be mailed or delivered to each person receiving a set of the contract documents. No additi modification of or interpretation of any provision in the contract documents will be given c may any bidder rely on oral directions. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irreg informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the shall be those as determined by the Director of Industrial Relations pursuant to the sectio 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a cum of applicable wage rates is on file in the Office of the City Engineer. The Contractor to u Contract is awarded shall not pay less than the said specified prevailing rates of wag workers employed by him or her in the execution of the Contract. 8. Certificate of insurance 9. Bidder' s Statement Re Debarment e 3. Non-Collusion Affidavit 1O.Bidder's Disclosure Of Discipline Recon 1 1 .Purchasing Department Representation Certification 12.Escrow Agreement for Security Deposit (optional, must be completed if the Bidd wishes to use the Escrow Agreement fo and Amount of Subcontractor Bid Amount of Owner Operator/Lessor Work Responsibility Security) and Experience 5, 4- a# 7/17/98 Contract No. 3268 Page 4 of 101 P 1 I The Prime Contractor shall be responsible for insuring compliance with provisions of sectio of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Sublet Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officei purposes of section 41 07 and 41 07.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as ind this proposal, times the unit price as submitted by the bidder. In case of a discrepancy words and figures, the words shall prevail. In case of an error in the extension of a unit F corrected extension shall be calculated and the bids will be computed as indicated ab compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and written in with ink and must be initialed in ink by a person authorized to sign for the Contract Bidders are advised to verify the issuance of all addenda and receipt thereof one day bidding. Submission of bids without acknowledgment of addenda may be cause of rejection Bonds to secure faithful performance and warranty of the work and payment of laboi materials suppliers, in an amount equal to one hundred percent (100%) and fifty percer respectively, of the Contract price will be required for work on this project. These bonds kept in full force and effect during the course of this project, and shall extend in full force a and be retained by the City until they are released as stated in the Special Provisions sectic contract. All bonds are to be placed with a surety insurance carrier admitted and authc transact the business of insurance in California and whose assets exceed their liabilitic amount equal to or in excess of the amount of the bond. The bonds are to contain the documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by 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 ir commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual stater quarterly statement filed with the Department of Insurance pursuant to Article 10 (commenc section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendai the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Ke Guide of at least A-:V, and (2) are admitted and authorized to transact the business of ins1 the State of California by the Insurance Commissioner. Auto policies offered to n specification of this contract must: (1) meet the conditions stated above for all insurance co and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, owned, non-owned or hired, and whether scheduled or non-scheduled. The auto ir certificate must state the coverage is for "any auto" and cannot be limited in any manner. I 1 1 I I II 1 I I 1 I 1 1 1 E I b em rrs 7/17/98 Contract No. 3268 Page 5 of 101 PI t I I 1 i I I I c 1 E 1 It I 1 I Workers' compensation insurance required under this contract must be offered by a c meeting the above standards with the exception that the Best's rating condition is waived. ' does accept policies issued by the State Compensation Fund meeting the requirement for i compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any ai cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submii required bonds and insurance, as described in the contract, within twenty days of bid openir Contractor fails to comply with these requirements, the City may award the contract to the st third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No 98-33 adopted on the 13th day of OCTOBFR , 19 98 . 5 I %&iP Date m t e- W 71ma Contract No. 3268 Page 6 of 101 P q uwyuuv\ Vi/' d 8 CITY OF CARLS PALOMAR AIRPORT ROAD/I-5 TURN LANES CONTRACT NO. 3268 CONTRACTOR'S PROPOSAL 1 1 I I 1 4 E - No. Descriotion and Unit Price lb I 2 Roadway Excavation at 268 CY I 6, I s I 8 1 I 1 City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares helshe has carefully examined the location of the work, read tt Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda the1 hereby proposes to furnish all labor, materials, equipment, transportation, and services re do all the work to complete Contract No. 3268 in accordance with the Plans, Specifications Provisions and addenda thereto and that he/she will take in full payment therefor the folio prices for each item complete, to wit: Approximate Item Quantity Unit 1 Mobilization at LS 15,000 1 FF.'l FT&-d THWS& Dollars (Lump Sum) c v Dollars per Cubic Yard 8: 4 Type 111 Barricade at 2EA 2-m~ % 5 Temporary Traffic Stripe (Paint) at 165 LF *2 - 4% -4- 1 LS Dollars (Lump Sum) Mdm- Dollars Each 0 Dollars per Linear Foot e= %# 7/17/98 Contract No. 3268 Page 7 of 101 F t - QT" 1 6 Temporary Pavement Marker at 8EA 90 - lg I 18 ; 7 Temporary Railing (Type K) at 600 LF IY - I 8 Temporary Crash Cushion Module at 8EA 300- 11 j I I 9 Remove Traffic Stripe and Pavement 801 LF 3 2-1 Y I E 10 Remove Pavement Marker at 38 EA r 3 1 f? .pJG Y) 1 1 I 13 1 LS 3,+9OJ I I I I Approximate Item Quantity Unit No. DescriDtion and Unit 7 Price - 7 - mmnY '. Dollars Each __k_ sc GrMWW * Dollars per Linear Foot ur h(LG4z wwm.s3 Dollars Each e/ Marking at 1 Dollars per Linear Foot Dollars Each 11 Remove Culvert at 16 LF 25- % 12 1EA A I{ Td&& F\& Dollars per Linear Foot Dollars Each 3" Dollars (Lump Sum) 14 6EA Dollars Each 99% "sa- 9 I + 15 Cold Plane Asphalt Concrete Pavement at "P'taii22 7 WJO I Dollars per Square Yard e- %@ 7/17/98 Contract No. 3268 Page 8 of 101 P; P I Approximate 1 1 I I 1 1 1 1 I. 1 1 8 I I 1 I I Item Quantity Unit - No. Descriotion and Unit 7 Price L 16 Finishing Roadway at 1 LS -4 om - n& moL.k.sam Dollars (Lump Sum) f 17 Class 2 Aggregate Base at 188 CY -JamY 5) ii. Dollars per Cubic Yard ry-=@- 12- ---+ 18 Asphalt Concrete 155 TON Dollars per Ton Reinforcing Fabric) at E ___b 19 Paving Asphalt (Binder - Pavement 0.5 TON a'& TWrnbbrn Dollars per Ton 20 Pavement Reinforcing Fabric at 198 SY 3- 59 21 Place Asphalt Concrete Dike at 20 LF 50- I 22 Asphaltic Emulsion (Paint Binder) at 0.1 TON 2.) rn/ 21 23 Minor Concrete Minor Structure) at 2.4 CY ij +- 24 Furnish Sign Structure (Lightweight) at 10,040.0 LB 3- 303 1 35 25 Install Sign Structure (Lightweight) at 10,040.0 LB 0 "SA) *44 d.Gz Dollars per Square Yard IQ r=: iGW Dollars per Linear Foot m-40 TMou$hm Dollars per Ton @gwm$b4 g\cm /1XLb@W Dollars per Cubic Yard ~.&G Dollars per Pound y!-kmYY -asWS Dollars per Pound e= ts 7/17/98 Contract No. 3268 Page 9 of 101 PC If Approximate I II 1 I 1 28 Miscellaneous Iron and Steel at 170 LB a- 31 1 1 1 b 1 8 I I G!&&w I Item Quanti Unit No. DescriDtion and Unit - Price - 6 I/$ < 400" I 26 30" Cast-in-Drilled Hole Concrete Pile 30 LF 220 - (Sign Foundation) at T@O MLarJ9ba Tw /w+Y E Dollars per Linear Foot Construction) at Dollars per Cubic Yard 27 Minor Concrete (Miscellaneous 37 CY 'Fm& kUL.fPm3 -r"\hQ Dollars per Pound 29 4" Thermoplastic Traffic Stripe at 315 LF 1- 3ri 30 8 Thermoplastic Traffic Stripe at 260 LF 2- 52 3- c 32 Paint Traffic Stripe (2-Coat) at 695 LF I' 6( 33 Pavement Marker (Non-Reflective) at 66 EA q4 2 OPG Dollars per Linear Foot TWO Dollars per Linear Foot 31 Thermoplastic Pavement Marking at 331 SF "5'&wg Dollars per Square Foot I DNG Dollars per Linear Foot I" DiA d P Dollars Each 34 Pavement Marker (Reflective) at 39EA 2fk 9 35 Signal and Lighting at 1 LS 3 6 ,oca-- Dollars Each p.mJ"M gLaC I&OUf hyy Dollars (Lump Sum) ew ts 7/17/98 Contract No. 3268 Page 10 of 101 P 1 I 1 I I 1 I 1 I I II, I I 1 ! 1 Approximate Item Quantity Unit l2b.L Descriotion and Unit - Price 1 * 37 Modify Existing Irrigation System at 1 LS LI ,OOO----+ + I$ 8 38 1 LS i q5 39 Construction Area Signs at 1 LS I, 500- I ,5( / 36 Lighting and Sign Illumination at 1 LS -2. *am TWO -fbWSPW Dollars (Lump Sum) I. gL.G-4Gw ri-w&.rQ Dollars (Lump Sum) Dollars (Lump Sum) fl&gq.yj16&&& k\Vc dikQ&9 Dollars (Lump Sum) Total amount of bid in words: t@ si$, t&&-@l@ 5GGrd S6md RQLL4(-$5 Total amount of bid in numbers: $ Price@) given above are firm for 90 days after date of bid opening. Addendum(a) No@). 5 hadhave been received and islare include( proposal. The Undersigned has carefully checked all of the above figures and understands that the not be responsible for any error or omission on the part of the Undersigned in preparing this The Undersigned agrees that in case of default in executing the required Contract with ne bonds and insurance policies within twenty (20) days from the date of award of Contract by Council of the City of Carlsbad, the City may administratively authorize award of the contrac second or third lowest bidder and the bid security of the lowest bidder may be forfeited. 147, c72 - I OPENED, WITNESSED AND RECORDED: /~-23-+g I DATE '. ...,.! ATURE em ts 7/17/98 Contract No. 3268 Page 11 of 101 Pa F I 7 d - City of Carlsba( e November 17, 1998 ADDENDUM NO. 1 RE: PALOMAR AIRPORT ROAD115 TURN LANES, CONTRACT NO. 3268 Please inciirde the attached addendum in the Notice to BidderIRequest for Bids ! have for the above project. This addendum--receipt acknowledged--must be attached to your Proposal Formr when your bid is submitted. //& RUTH FLETCHER Purchasing Officer RF:jlk Attach men t 0 I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 e 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2803 FAX (760) 434-1 I 1 1 I I 1 I The Undersigned bidder declares, under penalty of perjury, that the undersigned is li ens business or act in the ca acity opcontractor within the State o California valid1 icense licens nu ber (YIGbTb , classification A,, c-/?,, &adh ex nkifiq r/ , and that this statement is true and corr ct and has the legal an a Ida it. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuar Business and Professions Code shall be considered nonresponsive and shall be rejected by 5 7028.15(e). In all contracts where federal funds are involved, no bid submitted : invalidated by the failure of the bidder to be licensed in accordance with California law. HOVI the time the contract is awarded, the contractor shall be properly licensed. Public Contrac § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is PC interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; representation, oral or in writing, of the City Council, its officers, agents, or employees has i hirnlher to enter into this Contract, excepting only those contained in this form of Contract papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making ; the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is d bl dd<pb (PO 7fl d (Cash, Certified Chec or Cashier's Check) for ten percent (I 0%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requirc employer to be insured against liability for workers' compensation or to undertake self-insui accordance with the provisions of that code, and agrees to comply with such provisions commencing the performance of the work of this Contract and continue to comply until the ( The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, to the general prevailing rate of wages for each craft or type of worker needed to exec Contract and agrees to comply with its provisions. L (4 4 1 b 1 is complete. I 1 8 II I em tS 7/17/98 Contract No. 3268 Page 12 of 101 Pal 1 I ”- F I 1 I d 1 1 I 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 City and State 5 (Street and Number) 1 (4) Zip Code Telephone No. IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be mz general partner) (3) Place of Business (Street and Number) b city and State I (4) Zip Code Telephone No. IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted peplhDH/6hM 6~A1 F1/14‘ lh?i% l I 1 (2) 8 I 1 I 1 Impress Corporate Seal t ... ... ... ... ... em %# 7/17/98 Contract No. 3268 Page 13 of 101 Pa ? -YE. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT m Name(s) of S gner(s) and acknowledged to me that he/she/they execute same in his/her/their authorized capacity(ies), and th his/her/their signature(s) on the instrument the persc or the entity upon behalf of which the person(s) a executed the instrument. Though the information below is not required by law, it may prove valuable to persons relying on the document and could pr fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: e Number of Pages: Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) 0 Individual 0 Individual 0 Corporate Officer - y Corporate Officer Title(s):~~~~Sr3~:~~~, ! iw Title (s) : 0 Partner - 0 Limited 0 General Ll Partner - C Limited 3 General 3 Attorney-in-Fact C Guardian or Conservator 3 Guardian or Conservator Signer Is Representing: Signer Is Representing: e Reorder Call Toll 0 1995 National Notaty Association * 6236 Rernmet Ave , PO Box 7184 * Canoga Park CA 91309-7184 Prod No 5907 I i I I I 1 I b I I 1 I I I 1 (3) Incorporated under the laws of the State of Cd i fo 1~ a City and State $qlw! Ck (4) Place of Business 1142 k% heir &C HUQ (Street and Number) L (5) Zip Code 14 - 670 6 Telephone No. 444. -2GZ*o4#[ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES ML I AlTACHED List below names of president, vice president, secretary and assistant secretary, if a corpor: partnership, list names of all general partners, and managing partners: &~LI Ja (lh~ - PWider/l'T ~ioii .\JoqtIG-\liQ i+tGjdell/-, Swetzy/~eazwe~ Contract No. 3268 Page 14 of 101 Pa e% % 7117190 F II BID SECURITY FORM (Check to Accompany Bid) (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable t CARLSBAD, in the sum of this amount being ten percent (10%) of the total amount of the bid. T9e proceeds of this ch become the property of the City provided this proposal shall be accppted by the City throu! of its legally constituted contracting authorities and the undersigygd shall fail to execute a and furnish the required Performance, Warranty and Payment Bonds and proof of ir coverage within the stipulated time; otherwise, the check shalt'be returned to the undersigi proceeds of this check shall also become the property of tt$ City if the undersigned shall \ his or her bid within the period of fifteen (15) days after the date set for the opening thereo otherwise required by law, and notwithstanding the award of the contract to another bidder. I i 1 D i I 1, 1 I 8 1 1 8 / 1 e i BIDDER 1. *Delete the inapplicable word. (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the 1 pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of amount of the bid.) i f' em ts 7/17/98 Contract No. 3268 Page 15of 101 Ps t 7 i BIDDER’S BOND TO ACCOMPANY PROPOSAL BOND# 0284226 PREMIUM-NIL KNOW ALL PERSONS BY THESE PRESENTS: * PETERSON-CHASE GENERAL GREAT AMERICAN That we, ENGINEERING CONSTRUCTION, INC., 3s PnRCipa!, and 1NSU.MNCE COMPANY as Surety are held and firmly bound unto the City of Carfsbgd, California, in an amount as fol (must be at least ten percent (40%) of the bid amount)TEN PERCENT OF MOUNT BID **for payment, well and truly made, we bind ourselv&, our hGj.rs, executors and adrninistr successors or assigns, jointly and severally, firmly by these presents, THE CONDITION OF THE FOREGOING OBLIGATiON IS SUCH that if the proposal of the a bounden Principal for, ** 10% PALOMAR AIRPORT ROADII-5 TURN LANES CO”F2ACT NO. 3268 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall dufy enter in1 execute a Contract including required bonds and insurance policies within twenty (20) days fro date of award of Contract by the City Council of the City of Carlsbad, being duly notified a award, then this obligation shall become null and void; otherwise, it shall be and remain in full and effect, and the amount specified herein shall be forfeited to the said City. __.. .... 0 .... .-*. .... **.. -... . . *. _... 1.1. .... . . *. .*.. . . .. 0 .... em ‘6P 7/17/98 Contract No. 3268 Page 16 of 101 Pagt -- I BIDDERS BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as f payment, well and truly made, we bind ourselves, our heirs, executors and admin successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of thc bounden Principal for: (must be at least ten percent (10%) of the bid amount) t I 1 I I i I b .... I 1 8 .... I 1 I .... PALOMAR AIRPORT ROADII-5 TURN LANES CONTRACT NO. 3268 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter execute a Contract including required bonds and insurance policies within twenty (20) days date of award of Contract by the City Council of the City of Carlsbad, being duly notifiec award, then this obligation shall become null and void; otherwise, it shall be and remain in 4 and effect, and the amount specified herein shall be forfeited to the said City. .... .... .... .... .... .... .... .... .... .... .... . . .. em w 7/17/98 Contract No. 3268 Page 16 of 101 Pa i I in the event Principal executed this bond as an individual, it is agreed that the death of Prinl shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 25== dc PRINCIPAL. PETERSON-CHASE GENERAL suRFp/: Executed by SURETY this 23RD day of dDV&fLk&-- -- NOVEMBER ,1998 . * 7. GREAT AMERICAN INSURANCE COMPANY (name of Surev) (address of Surety) P.O. BOX 5440, ORANGE, CA 92863-5440 R.A. COON (printed name of Attorney-in-Fact) (titie and organization of signatory) (Attach corporate resolution showing cu power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If one officer: signs, the corporation must attach a resolution certified by the secretary or assi: secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney e By: * 711 7/98 - Contract No. 3268 Page 17 of 101 Pages f$ e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CAEIFORNIA COUNTY OF ORANGE On 11-23-98 before me, LEXIE SHEKWOOD - NOTARY PUBLIC personally appeared R.A. COON personally known tc to be the person whose name is subscribed to the wi' instrument and acknowledged to me that he executed the same his authorized capacity, and that by his signature on instrument the person or the entity upon behalf of which person acted, executed the instrument. my hand and official seal. OPTIONAL e Though the data below is not required by law, it may prove valuable to pe relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTIQN QF ATTACHED DOCbTMENT BID BOND TITLE OR TYPE OF - -OFPAGES 2 IlATE OF m 11-23-98 CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL CORPORATE OFFICER 0 PARTNER (S) ATTORNEY-IN-FACT 0 TRUSTEE (S) TITLE (S) SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) 0 Such insurance as is afforded by the policy to the Designated Contractor for Contractual Property D; Liability insurance includes coverage for property damage caused by blasting, collapse, structural in damage to underground utilities. The policy does not contain the so-called “x” “c” “u” exclusions. a 1. Additional Insured: State of California and Department of Transportation 2. Address of Additional Insured: 1120 N Street, Sacramento, California Description of Covered Operations: Upgrade Motorist Information System, Location: 11-SD-5,75-R22.1, R23.7, R32.4, Contract #11-171704, P/C Job #294 3. Designated Contractor: PetersonKhase General Engineering Construction, Inc. 4. Contractor’s Address: 1792 Kaiser Avenue, Irvine, CA 92714 This certificate of insurance is not an insurance policy and does not amend, extend or alter the cover: afforded by the policy and the endorsement listed herein. Notwithstanding any requirement, term, or of the contract described above in Item 3, the insurance afforded by the policy and the endorsement r in this certificate is subject to all the terms, exclusions, and conditions of said policy. The policy and the endorsement referred to in this certificate shall not be cancelled nor shall the limii iability expressed in this certificate be reduced until thirty (30) days after written notice thereof has 1 @’ J the Department of Transportation of the State of California at the address specific in Item 2 above. Dated: November 13,1998 at 695 Town Center Drive \ Authorized Agent Aon Risk Services I. ~ -> * 2 1-1 FORM OF ADDITIONAL INSURED ENDORSEMENT Such insurance as is afforded by this endorsement applies only with respect to the following Additio and other persons included in the Definition of Persons insured as set forth in Insuring Agreement I1 endorsement. a SCHEDULE 1. Additional Insured: State of California and Department of Transportation 2. Address of Additional Insured: 1120 N Street, Sacramento, California Description of Covered Operations: Upgrade Motorist Information System, Location: 11-SD-S,7S-R22.1, R23.7, R32.4, Contract #11-171704, P/C Job #294 1. Designated Contractor: Peterson/Chase General Engineering Construction, Inc. 2. Contractor’s Address: 1792 Kaiser Avenue, Imine, CA 92714 3. Effective date of this endorsement: The limit of the Company’s liability for each coverage shall be as stated under the Multiple Limit Pla 0‘ 3pears in the box for such Plan, or as stated under the Single Limit Plan if an “x” appears in the box Plan, subject to the terms of this endorsement having reference thereto. COVERAGES LIMITS OF LIABLITY ( ) MULTIPLEPLAN November 13,1998 Coverage A Bodily $500,000 $1,000,000 Inj w Each Each Liability Person Occurrence Coverage B Property $250,000 $500,000 Damage Each Aggregate Liability Occurrence -. (X) SINGLE LIMIT PLAN ”’ #. Bodily Injury Liability $1,000,000 $1,000,000 Property Damage Liability Each Aggregate Occurrence e Form DC-OE 506 (1-79) 1 1-1 I. COVERAGE A - BODILY INJURY LIABILITY 0 COVERAGE B - PROPERTY DAMAGE LIABILITY The company will pay on behalf of the additional insured all sums which the additional insured shall legally obligated to pay as damages because of bodily injury or property damage to which this endor applies, caused by an occurrence and arising out of (1) operations designed in item 3 of the schedule for the additional insured by or on behalf of the contractor designated in item 4 of the schedule of (2’ omissions of operations, and the company shall have the right and duty to defend any suit against thc insured seeking damages on account of such bodily injury or property damage, even if any of the allt the suit are groundless, false or fraudulent, and may make such investigation and settlement of any cl as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defi suit after the application limit of the company’s liability has been exhausted by payment of judgment settlements. EXCLUSIONS This endorsement does not apply: (a) to liability assumed by the additional insured under any contract or agreement: (b) to bodily injury or property damage occurring after all work on the project to be performel designated contractor on behalf of the additional insured at the site of the covered operatic been completed and accepted by or on behalf of the additional insured: e (c) to bodily injury or property damage arising (1) from the sole negligence of the additional i its officers and employees or (2) out of any act or omission of the additional insured or ani officers or employees, other than supervision of work performed for the additional insured behalf of the designated contractor: (d) to any obligation for which the additional insured or any carrier as his insurer may be held under any workmen’s compensation unemployment compensation or disability benefits la7 under any similar law: (e) bodily injury to any employee of the additional insured arising out of and in the course of 1 employment by the additional insured: I. .. -1 L. 2 1 - 16-78 (f) to property damage to: (1) property owned or occupied by or rented to the additional insured, (2) property used by the additional insured, (3) property in the care or custody of the additional insured or any of his employees, ( (4) work performed for the additional insured by or on behalf of the designated contra (8) to bodily injury or property damage due to war, whether or not declared, civil war, riot, in a rebellion or revolution or any act or condition incident to any of the foregoing: (h) to bodily injury or property damage arising solely out of the preparation or approval by or of the additional insured of maps, plans, opinions, reports, designs, surveys or specificatic (i) to bodily injury or property damage arising out of the ownership, maintenance, use, loadir unloading of automobiles: (1) owned by or registered in the name of an additional insured, or (2) leased by an additional insured, or (3) operated by an additional insured: (i) to liability arising under Article 1, Section 19 of the Constitution of California, but this ex shall not apply to liability of the additional insured for bodily injury or property damage a negligent acts or omissions of the designated contractor or of persons or organizations actj behalf of the designated contractor in connection with performance of the work: None of the exclusions of the policy to which this endorsement is attached apply to the insurance affc this endorsement except exclusions and definitions applicable to the hazards of nuclear energy and ot related thereto. 0 ,.?. -2 'I. e 3 1 - 16-78 11. ADDITIONAL DEFINITIONS *’, A. PERSONS INSURED Each of the following is an additional insured under this endorsement to the extent set below: (1) The Additional Insured designated in the Schedule (State of California and Depart] Transportation) (2) Officers and employees of the State of California connected with the work while at within the scope of their duties as such, provided that such officer or employee sha an additional insured with respect to (a) bodily injury to any fellow employee or (‘c damage to property owned, occupied or used by, rented to, in the care of custody o officers or employees. B. The word “work” when used in reference to this insurance, includes material, parts and eqi furnished in connection therewith. C. “Occurrence” means an accident, including injurious exposure to conditions, which results the policy period, in bodily injury or property damage neither expected nor intended from standpoint of the additional insured. o .I. LIMITS OF LIABILITY Regardless of the number of (1) additional insureds under this endorsement, (2) persons or org who sustain bodily injury or property damage, or (3) claims made or suits brought on account injury or property damage, the company’s liability is limited as follows: A. MULTIPLE LIMIT PLAN: Coverage A - The limit of bodily injury liability stated in the schedule as applicable to person” is the limit of the company’s liability for all damages because of bodily injury by one person as the result of any one occurrence: but subject to the above provision r( “each person”, the total liability of the company for all damages because of bodily inju sustained by two or more persons as the result of ahy one occurrence shall not exceed t bodily injury liability stated in the schedule as applicable to “each occurrence’’. . .._. . ..I $1. e 4 1-1 Coverage B - The total liability of the company for all damages because of all propert sustained by one or more persons or organizations as the result of any one occurrence exceed the limit of property damage liability stated in the schedule as applicable to “e occurrence”. Subject to the above provisions respecting “each occurrence”, the total liability of the for all damages because of all property damage to which this coverage applies shall nc the limit of property damage liability stated in the schedule as “aggregate”. If more tk contract is designated in the schedule, such aggregate limit shall apply separately with each contract. B. SINGLE LIMIT PLAN: 0 The limit of liability under the single limit plan stated in the schedule as applicable to occurrence” is the total limit of the company’s liability under the bodily injury and prc damage liability coverages combined for all damages as the result of one occurrence: that subject to the limit of liability with respect to “eachoccurrence”, the limit of liabi in the schedule as “Aggregate” is the total limit of the company’s liability during any ( year for all damages arising out of property damage. C. For the purpose of determining the limit of the company’s liability under either the Multip Plan or the Single Limit Plan, all bodily injury and property damage arising out of continL repeated exposure to substantially the same general conditions shall be considered as arisi, one occurrence. a IV. PRIMARY INSURANCE Such insurance as is afforded by this endorsement for the additional insureds shall apply as prima insurance. Any other insurance maintained by the State of California, Department of Transportati officers and employees shall be excess only and not contributing with the insurance afforded by tl endorsement. I... -7 0 5 '6 1-1 V. ENDORSEMENT PERIOD This endorsement applies only to accidents or occurrences happening on and after the effectii this endorsement and during the policy period. a VI. All terms and conditions of the Designated Contractor's policy of which this endorsement is a pa unchanged except as herein specifically provided. Attached y and forming p rt of Policy No. ASROO1066 of Connecticut Specialty Insurance Co. C/( Group / iL I/!( r, p! (jy ' W " b Agent Aon bsk Services Return Completed Documents to: Department of Transportation Division of Construction (MS44) 1120 N Street Sacramento, CA 958 14 ATTN: Progress Pay Unit - Room'3442 e I... -1 '** 0 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT a County of (,l\ m.";ir &her,& Name and ufi>dw Title of Officer (e g Jane Doe Notary ," hblfc ) personally appeared \$tpersonally known to me - OR - C proved to me on the basis of satisfactory evidence to be the pers whose name(s) is/are subscribed to the within instrL and acknowledged to me that he/she/they execute same in his/her/their authorized capacity(ies), and tt his/her/their signature(s) on the instrument the persc or the entity upon behalf of which the person(s) E executed the instrument. Though the mformation below is not required by law, it may prove valuable to persons relying on the document and could pr fraudulent removal and reattachment of th/s form to another document Description of Attached Document Title or Type of Document: %\dde?3%oh&1 Document Date. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 0 0 Individual 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Attorney-in-Fact Guardian or Conservator C Guardian or Conservator Signer Is Representing: Signer Is Representing: c 0 1995 National Notary Association * 8236 Rernrnet Ave PO Box 7184 * Canoga Park CA 91309-7184 Prod No 5907 Reorder Call Toll E I 1 I I I 'I I I I i I I GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTORS BID" AND "DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operatc disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC a Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", ' Price", "Contract Unit Price", "Engineef, 'Subcontractor" and "Work" and the definitions ir 1-2 of the Special Provisions especially "Own Organization" and "Owner OperatorILessor.' are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section I these Special Provisions. CAUTIONS Bidders are cautioned that failure to provide complete and correct informa result in rejection of the bid as non-responsive. Any bid that proposes performance of more percent of the work by other than the Contractor's own organization will be rejected responsive. INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor o Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to coml Work. All items of information must be completely filled out. Where the bid item will be installed by more than one Subcontractor or Owner Operator/Le percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being the line of the form must be entered under the column "O/O of Item by Sub" or "010 of Item I as applicable. If a Subcontractor or Owner OperatorILessor installs or constructs any por bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity o item that the Subcontractor or Owner Operator/Lessor installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The materials and transport for materials from sources outside the limits of work, as shown on tt shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as 1 may be, installing them. The value of material incorporated in any subcontracted ot Operator/Lessor installed bid item that is supplied by the Contractor shall not be included part of the portion of the work that the Contractor is required to perform with its own organizz The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in Item No." column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the numt be entered on the form. If the Subcontractor does not have a valid business license enter "N the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to the required information. The number of additional form pages shall be entered on the fi page of each type so duplicated. b I) em tS 7/17/98 Contract No. 3268 Page 180f 101 PE t I 1 Bidder may, at its option, combine bid items on a single row in the chart on the disclosure using this option the Bidder must indicate the bid item numbers to which the information ii pertains. This option may @ be used where the subcontractor or Owner Operatoi constructing or installing less than 100 percent of a bid item. The percentages and dollar may be the sums of the bid items listed in that row. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct less than 100 percent of a bid item the Bidder must attach an explanation sheet to the de of subcontractor or designation of Owner OperatorlLessor forms as applicable. The ex sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment proposed to be so supplied. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of awz contract shall determined by the City Council in conformance with the provisions of the documents and these Special Provisions. The decision of the City Council shall be final. f I I s I I I I) 8 I 1 I I I e= tS 7/17/98 Contract No. 3268 Page 19 of 101 R i I I: DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS The Bidder MUST complete each information field on this form for each subcontract proposes to use. Additional copies of this form may be attached if required to accommc Contractor's decision to use more than one subcontractor. This form must be submitted as the Bidder's sealed bid. Failure to provide complete and correct information may result in re the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in 1 this bid for the Work and that the listed subcontractors will be used to perform the portio Work as designated in the list in accordance with applicable provisions of the specifica section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair I Act." The Bidder further certifies that no additional subcontractor will be allowed to ped portion of the Work and that no changes in the subcontractors listed work will be made exc the prior approval of the Agency. Full Company Name of Subcontractor: Complete Address: I 1 8 E II ff Telephone Number plus Area Code: ~~~-~~~ 4 Lpkq, b 1 I 1 BI 33 3 0 i w&-! 1 dcT%'!J fl J I r 9,259 e: Street bl &K$TG;gt k;G City State Zip California State Contractors License No. & Classification: Carlsbad Business License No.: MG SUBCONTRACTORS BID ITEMS Amount of Item I Exolanation: ' Column I - Bid Item No. from the bid proposal, pages 7-1 1. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pric item on bid proposal pages 7-1 1. Page i of 3 pages of this form 4). ts 7/17/98 Contract No. 3268 Page 20 of 101 Pa f. I rn DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS a The Bidder MUST complete each information field on this form for each subcontract proposes to use. Additional copies of this form may be attached if required to accommc Contractor's decision to use more than one subcontractor. This form must be submitted as the Biddefs sealed bid. Failure to provide complete and corrgct information may result in re the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in this bid for the Work and that the listed subcontractors will be used to perform the portic Work as designated in the list in accordance with applicable provisions of the specifica section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Act." The Bidder further certifies that no additional subcontractor will be allowed to per portion of the Work and that no changes in the subcontractors listed work will be made ex( the prior approval of the Agency. a *,* .. Full Company Name of Subcontractor: Complete Address: >/gd"LgA aS.7RlC axq 5 deTH16'5"\ k9 8 # 4"s City State Zip Telephone Number plus Area Code: California State Contractors License No. & Classification: Carlsbad Business License No.: rJ*@ 12 T Explanation: Column 1 - Bid Item No. from the bid proposal, pages 7-1 I. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid p item on bid proposal pages 7-1 1. Page 2 of "5 pages of this form em %# 7/17/98 Contract No. 3268 Page 20 of 101 I l? m DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS di The Bidder MUST complete each information field on this form for each subcontract proposes to use. Additional copies of this form may be attached if required to accommi Contractor's decision to use more than one subcontractor. This form must be submitted as the Bidder's sealed bid. Failure to provide complete and corr&t information may result in re the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in this bid for the Work and that the listed subcontractors will be used to perform the portic Work as designated in the list in accordance with applicable provisions of the specifica section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Act." The Bidder further certifies that no additional subcontractor will be allowed to pei portion of the Work and that no changes in the subcontractors listed work will be made exc the prior approval of the Agency. Full Company Name of Subcontractor: Complete Address: m f?lo$% zb 2- 6 City State Telephone Number plus Area Code: California State Contractors License No. & Classification: Carlsbad Business License No.: e 8,. m .. $202 1 .2364"j3 Street GL cbmd -=A p@& I ExPlanation: Column 1 - Bid Item No. from the bid proposal, pages 7-1 1. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid p item on bid proposal pages 7-1 1. Page *? of 3 pages of this form e-, tS ?i17/98 Contract No. 3268 Page 20 of 101 I $ $ $ $ $ $ $ $ $ $ $ $ 8 E E 8 DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK The Bidder MUST complete each information field on this form for each owner operator/c (O+O) that it proposes to use to perform any portion of the Work. Additional copies of this fl be attached if required to accommodate the Contractor's decision to use more tt subcontractor. This form must be submitted as a part of the Bidder's sealed bid. Failure tc complete and correct information may result in rejection of the bid as non-responsive. Excel individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to any portion of the Work. The Bidder further certifies that no changes in the Owner Operatc listed work will be made except upon the prior approval of the Engineer. Provide a separs for each Owner Operator/Lessor. See section 1-2 of the Special Provisions for definition c Operatorllessor. L I Full Owner Operator/Lessor Name: niip\? E Complete Address: s Street I City State Zip Telephone Number plus Area Code: ( 1 - City of Carlsbad Business License No.: f 5 E 5 1 I 1 I OWNER OPERATOWLESSOR WORK ITEMS mount of Item Amount of Item by verhead & Profit ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages 7-1 1. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pricl item on bid proposal pages 7-1 1. em Qs 7/17/98 Contract No. 3268 Page 21 of 101 Pa! I 1 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILI. (To Accompany Proposal) 9 Copies of the latest Annual Report, audited financial statements or Balance Sheets submitted under separate cover marked CONFIDENTIAL. &-e ewdm .~WIOGC~ WA~/RG/ ' ''C@J~DEN~WL'' 0 .. .. a em \@ 7/17/98 Contract No. 3268 Page 22 of 101 P BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE - e (To Accompany Proposal) The Bidder is required to state what work of a similar character to that included in the p Contract he/she has successfully performed and give references, with telephone number will enable the City to judge hidher responsibility, experience and .* skill. An attachment can t Name and Phone No. of Person Name and Address - -0 < I c 1 i L f L f e i .- e= tS 7/17/98 Contract No. 3268 Page 23 of 101 P: L $t&,tL,EVCl-b .1 '1 z. ah, L v I \/l5l\L+ UY I l~S~lrP?-/\lLts, Issued in 2 Counterparts Contract #11-171704 1 PetersodChase General Engineering Construction Co. Irvine, CA 92714 DC-OE 0505 1792 Kaiser Avenue .. FORM OF CERTIFICATE OF INSURANCE This is to certify that the policy indicated below, issued by Connecticut Specialty Insurance Company, C/O Crump Group, 7700 Irvine Center Drive, Ste. 660, 1 926 18-5747 Name and Principal Office Address of Insurance Company To the Designated Contractor named below (1) includes Contractual Liability Insurance for liabilitj the Designated Contractor, with respect to the operations or contract described below, under Agree1 State of California (Standard Specifications Section 7-1.12) in accordance with the Insuring Agreen Exclusions and other terms and conditions of the policy, and also (2) is endorsed with the Addition: Endorsement form as specified in said Standard Specifications Section 7-1.12 which pertain to the ( described below in Item 3, and affords insurance to the State of California and Department of Trans Additional Insured and to its officers and employees in accordance with the Insuring Agreement, Ex and other terms and Conditions of the specified endorsement form but only with respect to liability i the Operations or Contract described below. Policy Number Effective Date Expiration Date e SROO 1 066 1/1/98 1/1/99 ( ) Bodily Injury Liability $ Each Person The Multiple Limit Plan applies for the limits of liability indicated below: $ Each Occurrence Property Damage Liability $ Each Occurrence $ Aggregate (X) The Single Limit Plan applies for the limits of liability indicated below: $ 1 .OOO.OOO Each Occurrence $ ~ 2.000.000 Aggregate Bodily Injury Liability and Property Damage -> ,. - Form DC-OE (1 -79) Q 1 1-2 i 8 BIDDER'S CERTIFICATE OF INSURANCE FOR LIABILITY AND WORKERS' COMPENSATION & I (To Accompany Proposal) GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMO. As a required part of the Bidder's proposal the Bidder must attach either of the following to tl page. 1. Certificates of insurance showing conformance with the requirements herein for: E I 8 t 1 1 I 1 I E I Comprehensive General Liability I Employer's Liability Automobile Liability Workers Compensation 2. Statement with an insurance carrier's notarized signature stating that the carrier can, and payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurai Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance Agency showing conformance with the requirements herein. AI1 certificates of insurance and statements of willingness to issue insurance for auto policies to meet the specification of this contract must: (1) meet the conditions stated in The Notice Bids, the Standard Specifications for Public Works Construction and the Special Provisions project for each insurance company that the Contractor proposes, and (2) cover any vehicle the performance of the contract, used onsite or offsite, whether owned, non-owned or hire whether scheduled or non-scheduled. The auto insurance certificate must state the coverag "any auto" and cannot be limited in any manner. b em aS 7/17/98 Contract No. 3268 Page 24 of 101 Pagc I I Angeles CA 90067 truction, Inc. INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ER'S &? CONTRACTOR'S PROT 72UENGL3482 ALL OWNED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVC 3o* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEC City of Carlsbad Purchasing Department 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 POLICY NUMBER: 5359905 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 0 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) (Including “Primary” Wording) This endorsement modifies insurance provided under the following: COMPREHENSIVE GENERAL LIABILITY COVERAGE PART SCHEDULE The City of Carlsbad, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, hired or borrowed by the Contractor. The City of Carlsbad Purchasing Department 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Re: Palomar Airport Road/I-5 Turn Lanes, Contract No. 3268, P/C Job No. 301 a (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of or related to “your work” or its supervision for that insured by or for you. The insurance afforded to such person or organization is primary. Any other insurance which such person or organization may have will be non-contributory. 0 AI-Primary POLICY NUMBER: WN9978231301 EMPLOYERS’ LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. m ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) (Including “Primary” Wording) This endorsement modifies insurance provided under the following: EMPLOYERSy LIABILITY COVERAGE PART SCHEDULE The City of Carlsbad, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, hired or borrowed by the Contractor. The City of Carlsbad Purchasing Department 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Re: Palomar Airport RoadLC-5 Turn Lanes, Contract No. 3268, P/C Job No. 301 0 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of or related to “your work” or its supervision for that insured by or for you. The insurance afforded to such person or organization is primary. Any other insurance which such person or organization may have will be non-contributory. a AI-Primary (EL) -- - -.,, F 4. .. EmBI CITY OF CARLSBAD SURPLUS LINE BROKER AFFIDAVIT i J. Gregory Brown & Company, Inc. Broker Name: 1900 Avenue Of The Stars, Suite 800 Address: Los Angeles, CA 90067 City/State/Zip: January 29, 1999 Date: Palomar Airport Road/I-5 Turn Lanes Project Name: Contract No. 3268 (P/C Job No. 301) Type of IAmurancr: Commercial General Liability 1 Cee hat J. Gregory Brown & Co. , iJprie Broker of Record forPeterson/Chase Ge Engineering Const - 9 Inca (“Contractor”) who is required to provide insurance under the specificatit of the above conmct. I further certify that as Broker of Record for Contractor, I have contac the insurance companies listed below, alI of whom meet the City‘s requirements included Resolution No. 41- LP63and all of whom have refused to write the required policy due to type of risk involved. insurance Carrier: The Hartford Name of Contact: Address: Date: ReasonforRefusal: Type of risk; nature of operations I Mr. Daryl E. Hubble One Pointe Drive, P.O. Box 2333, Brea, CA 92822-2333 December 1, 1998 e Listed by State insurance yes Commissioner tYes/No) Best‘s Rating A+, xv insurance carrier: Name of Contact: Mr. Brad Wood Address: Dare: &ason for Refusal: Type of risk; nature of Operations Best‘s Rating .. A+, XIV Listed by State Insurance Yes Saf eco Insurance Company 17570 Brookhurst St., Fountain Valley, CA 92708 December 7, 1998 0 Commissioner (Yes/ N 0) r i' .i'. - Fireman's Fund Insurance Company Mr. Aaron L. Sanders Insurance Carrier: Name of Contact: a Address: 6300 Canoga Avenue, 4th Floor, Woodland Hills, CA 9136; Date: December 10, 1998 Reason for ~~fu~& Type of risk; nature of operations Best's Rating A, XV Listed by Stare Insurance Yes Commissioner (Yesmo) 1 Contractor is requesting that the City accept Lexington lnsurancec~mpany who is a surpj he carrier having an A-:V or better rating in the most recent issue of Best's Rating Guide a who has an office widin the State of California at the following address in order to effecr serv of process. Name of Surplus Line Carrier: Lexington Insurance Company Address: 777 South Figueroa Street City/S tatelzip: Los Angeles, CA 90017 Address to effect Service of Process Within the State of California. Name: Address: City/State/Zip: c/o Ms. Kathleen DiMeglio, Western Risk Specialists, I1 a Lexington Insurance Company 200 State Street Boston, Massachussetts 02109 I certify under penalty of perjury that the foregoing facts are true and correct. Dared: i Signed: d e 4 1 i 1 i BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible t another jurisdiction in the State of California? L x- no Yes 2. If yes, what wadwere the name@) of the agency(ies) and what wadwere the per debarment@)? Attach additional copies of this page to accommodate more than two debarr I party debarred party debarred I agency agency period of debarment period of debarment I b 1 1 t 0 I I I I BY CONTRACTOR: em ES 7/17/98 Contract No. 3268 Page 25 of 101 Pa{ ? I i I BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors' State Board which has jurisdiction to investigate complaints against contractors if a complaint reg patent act or omission is filed within four years of the date of the alleged violation. A c regarding a latent act or omission pertaining to structural defects must be filed within 10 yec date of the alleged violation. Any questions concerning a contractor may be referrec 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 C Contractors' State license Board two or more times within an eight year period? L I I Yes no x 2. Has the suspension or revocation of your contractors license ever been stayed? -4L no Yes &- Yes I 1 I C 1 I 0 1 I 1 E 1 3. Have any subcontractors that you propose to perform any portion of the Work ever 1; contractor's license suspended or revoked by the California Contractors' State license Boa6 more times within an eight year period? 4. Has the suspension or revocation of the license of any subcontractor's that you pro perform any portion of the Work ever been stayed? Yes fi0 5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, tt disciplined, the date of and violation that the disciplinary action pertain to, describe the natur violation and the disciplinary action taken therefor. (Attach additional sheets if necessary) e-, aS 7/17/98 Contract No. 3268 Page 26 of 101 Pa{ t 1 1 I 1 R I 8 b BY CONTwCTOR: I 1 E ff i I BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, 1 who's discipline was stayed, the date of the violation that the disciplinary action pertains to, the nature of the violation and the condition (if any) upon which the disciplinary action was 5 1 (Attach additional sheets if necessary) *w ts 7/17/98 Contract No. 3268 Page 27 of 101 Pa{ 1 I I I 1 I 1 I 1 1 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 t State of California 1 , being first duly sworn, de and says that he or she is the party making the foregoing bid that the bid is not made in the interest of, or on beha undisclosed person, partnership, company, association, organization, or corporation; that 1 genuine and not collusive or sham; that the bidder has not directly or indirectly induced or any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, a connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone Shi from bidding; that the bidder has not in any manner, directly or indirectly, sought by ag communication, or conference with anyone to fix the bid price of the bidder or any other bid1 fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or 1 any advantage against the public body awarding the contract of anyone interested in the I contract; that all statements contained in the bid are true; and, further, that the bidder directly or indirectly, submitted his or her bid price or any breakdown thereof, or the thereof, or divulged information or data relative thereto, or paid, and will not pay, any fe corporation, partnership, company association, organization, bid depository, or to any mc agent thereof to effectuate a collusive or sham bid. I declare under pena b I correct and that this affic 1 executed on the I19$$. I 1 1 1 1 I Subscribed and sworn to before me on the 2?l* day of "OscMher , I 1 (NOTARY SEAL) .I Olu:\h Signature of Notary em ts 7/17/98 Contract No. 3268 Page 28 of 101 P t CONTRACT PUBLIC WORKS a This agreement is made this 1 st day of March , 1999 between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and PETERSON-CHASE GEN. ENG. CONST. INCwhose principal place of busines called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract do for: (ht 1792 KAISER AVENUE, IRVINE, CA 92614-5706 PALOMAR AIRPORT ROAWI-5 TURN LANES CONTRACT NO. 3268 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, material equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation o Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Exp Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the PI2 Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and Provisions, and all proper amendments and changes made thereto in accordance with this ( or the Plans and Specifications, and all bonds for the project; all of which are incorporated hl this reference. Contractor, herlhis subcontractors, and materials suppliers shall provide and install the \ indicated, specified, and implied by the Contract Documents. Any items of work not indic specified, but which are essential to the completion of the work, shall be provided at the Con expense to fulfill the intent of said documents. In all instances through the life of the Contr City will be the interpreter of the intent of the Contract Documents, and the City's decision re said intent will be final and binding. Failure of the Contractor to apprise subcontractc materials suppliers of this condition of the Contract will not relieve responsibility of complianci 4. Payment. For all compensation for Contractor's performance of work under this Contrz shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specificat Public Works Construction (SSPWC) 1997 Edition and the 1998 supplement thereto, her designated "SSPWC", as issued by the Southern California Chapter of the American Public Association, and as amended by the Special Provisions section of this contract. The Engin close the estimate of work completed for progress payments on the last working day of each 0 e e= t# 7/17/98 Contract No. 3268 Page 29 of 101 Pa{ 5. Independent Investigation. Contractor has made an independent investigatic jobsite, the soil conditions at the jobsite, and all other conditions that might affect the pn the work, and is aware of those conditions. The Contract price includes payment for all 1 may be done by Contractor, whether anticipated or not, in order to overcome und conditions. Any information that may have been furnished to Contractor by City about und conditions or other job conditions is for Contractor's convenience only, and City does no that the conditions are as thus indicated. Contractor is satisfied with all job conditions, underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves trenches or other excavations that extend deeper than four feet below the surface Contrac 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 hazardoi as defined in section 25117 of the Health and Safety Code, that is required to be rem0 Class I, Class It, or Class 111 disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing fro indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any nature, different materially from those ordinarily encountered and generally recognized as 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 : or do involve hazardous waste, and cause a decrease or increase in contractor's costs o time required for, performance of any part of the work shall issue a change order ut procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions rn differ, or involve hazardous waste, or cause a decrease or increase in the contractor's co time required for, performance of any part of the work, contractor shall not be excused fr scheduled completion date provided for by the contract, but shall proceed with all wor performed under the contract. Contractor shall retain any and all rights provided either by 1 or by law which pertain to the resolution of disputes and protests between the contracting pa 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requir of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has c and will comply with these requirements, including, but not limited to, verifying the eligit employment of all agents, employees, subcontractors, and consultants that are included Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Depart1 Industrial Retations has determined the general prevailing rate of per diem wages in accc with California Labor Code, section 1773 and a copy of a schedule of said general prevailin rates is on file in the office of the City Engineer, and is incorporated by reference herein. P to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor sh copies of all applicable prevailing wages on the job site. @ @ e em ts 7/17/98 Contract No. 3268 Page 30 of 101 Pas 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defe indemnify and hold harmless the City, and its officers and employees, from all claims, loss, injury and liability of every kind, nature and description, directly or indirectly arising fr connection with the performance of the Contract or work; or from any failure or alleged Contractor to comply with any applicable law, rules or regulations including those relating and health; and from any and all claims, loss, damages, injury and liability, howsoever 1 may be caused, resulting directly or indirectly from the nature of the work covered by the except for loss or damage caused by the sole or active negligence or willful misconduct of The expenses of defense include all costs and expenses including attorneys' fees for arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the awai contract to Contractor, and Contractor will pay all costs, including defense costs for Defense costs include the cost of separate counsel for City, if City requests separate couns IO. Insurance. Contractor shall procure and maintain for the duration of the contract ir against claims for injuries to persons or damage to property which may arise from or in cc with the performance of the work hereunder by the Contractor, his or her agents, represr employees or subcontractors. Said insurance shall meet the City's policy for insurance as Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimL indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single li occurrence for bodily injury and property damage. If the policy has an aggregate limit, a ! aggregate in the amounts specified shall be established for the risks for which the City or its officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per acc bodily injury and property damage. In addition, the auto policy must cover any vehicle usc performance of the contract, used onsite or offsite, whether owned, non-owned or hi1 whether scheduled or non-scheduled. The auto insurance certificate must state the covera "any auto'' and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensatic as required by the Labor Code of the State of California and Employers' Liability limits of $1 ,I per incident. acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance require this agreement with the exception of Workers' Compensation and Business Automobile Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional ins respects: liability arising out of activities performed by or on behalf of the Contractor; prodi completed operations of the contractor; premises owned, leased, hired or borrowed contractor. The coverage shall contain no special limitations on the scope of protection affc the City, its officials, employees or volunteers. All additional insured endorsements n evidenced using separate documents attached to the certificate of insurance; one for each a affording general liability, and employers' liability coverage. a Workers' compensation offered by the State Compensation Insurance e 4- \@ 7/17/98 Contract No. 3268 Page 31 of 101 Pa b. The Contractor's insurance coverage shall be primary insurance as respects the City, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, officials, employees or volunteers shall be in excess of the contractor's insurance and shall r contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage providl to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insurc against whom claim is made or suit is brought, except with respect to the limits of the insure liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsc to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced coverage or limits except after thirty (30) days' prior written notice has been given to the City I certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insurf retention levels must be declared to and approved by the City. At the option of the City, either: tl insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects t- City, its officials and employees; or the contractor shall procure a bond guaranteeing payment losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall conti a waiver of all rights of subrogation the insurer may have or may acquire against the City or any its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies shall furnish separate certificates and endorsements for each subcontractor. Coverages 1 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 Bes Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business insurance by the State of California Insurance Commissioner as admitted carriers as evidenced bj listing in the official publication of the Department of Insurance of the State of California andl under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance ai original endorsements affecting coverage required by this clause. The certificates ai endorsements for each insurance policy are to be signed by a person authorized by that insurer bind coverage on its behalf. The certificates and endorsements are to be in forms approved by tl 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 includ in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article ' (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 included in the Special Provisions I section. The contractor shall initially submit all claims o\ $375,000 to the City using the informal dispute resolution process described in Public Contri Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contra all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the Califon Government Code) for any claim or cause of action for money or damages prior to filing any laws for breach of this agreement. 4- t9 7/17/98 Contract No. 3268 Page 32 of 101 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted tc must be asserted as part of the contract process as set forth in this agreement an anticipation of litigation or in conjunction with litigation. (6) False Claims. Contractor acknowledges that if a false claim is submitted to the City, i considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly I false claim to a public entity. These provisions include false claims made with deliberate i! of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to t, 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 fa1 may subject the Contractor to an administrative debarment proceeding wherein the Contra1 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 2 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by refere (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debar another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in future contract bidding. I have read and understand all provisions of Section 11 above. 12. Maintenance of Records. Contractor shall maintain and make available at no co. City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's princip of business as specified above, Contractor shall so inform the City by certified letter accom the return of this Contract. Contractor shall notify the City by certified mail of any change of of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with 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 SUI for any monies withheld by the City to secure performance of this contract for any 01 established by this contract. Any other security that is mutually agreed to by the Contractor City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of clause required by law to be inserted in this Contract shall be deemed to be inserted her included herein, and if, through mistake or otherwise, any such provision is not inserted, E correctly inserted, then upon application of either party, the Contract shall forthwith be pt amended to make such insertion or correction. 0 0 e e= ts 7/17/98 Contract No. 3268 Page 33 of 101 Pa 16. Additional Provisions. Any additional provisions of this agreement are set forth in t "General Provisions" or "Special Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST I AlTACHED (CORPORATE SEAL) CONTRACTOR: 3 y ( 7 ~SW.?- h\LX U3.\\-RU\ \I.,, II P? \ : der\\, kc& (prhtdrne and title) President or vice-president and secretary or assistant secretary must sign for corporations. If 01 one officer signs, the corporation must attach a resolution certified by the secretary or assist: secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ew %$ 7/17/98 Contract No. 3268 Page 34 of 101 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ypersonally known to me - OR - 3 proved to me on the basis of satisfactory evidence to be the pers whose name@) idare subscribed to the within instru and acknowledged to me that he/she/they execute same in his/her/their authorized capacity(ies), and tt- his/her/their signature(s) on the instrument the persc or the entity upon behalf of which the person(s) a executed the instrument. WITNESS my hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could pr fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: - Number of Pages: Lo Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Partner - 0 Limited 0 General 3 Attorn ey-i n - Fact 3 Guardian or Conservator Attorney-in-Fact C Guardian or Conservator Reorder Call Toll-I 0 1995 National Notary Association * 8236 Rernrnet Ave , PO Box 7184 * Canoga Park, CA 91309 7184 Prod No 5907 BOND# 2652896 PREMIUM: INCLUI PERFOF LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by R NO. 99-10 , adopted JANUARY 5, 1999 , has aw (hereinafter designated as the "Principal"), a Contract for: 0 PETERSON-CHASE GEN. ENG. CONST. INC PETERSON-CHASE GENERAL EN( CONSTRUCTION y INC . PALOMAR AIRPORT ROADII-5 TURN LANES CONTRACT NO. 3268 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of H incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the term: require the furnishing of a bond, providing that if Principal or any of their subcontractors sh pay for any materials, provisions, provender or other supplies or teams used in, upon or i performance of the work agreed to be done, or for any work or labor done thereon of any Surety on this bond will pay the same to the extent hereinafter set forth. PETERSON-CHASE GENERAL ENGINEERING CONSTRUCTION, INC NOW, THEREFORE, WE, PETERSON-CHASE GEN. ENG. CONST. INC as Principal, (hereinafter designated as the "Contractor"}, and GREAT AMERICAN INSURANC as Surety, are held firmly bound unto the City of Carlsbad in the sum of NINETY EIGHT THOUSAND EIGHT HUNDRED THIRTY EIGHT AND 50/00--------------- ($ 98,838.50 ), said sum being fifty percent (50%) of the estimated amount pa the City of Carlsbad under the terms of the Contract, for which payment well and truly to t we bind ourselves, our heirs, executors and administrators, successors, or assigns, joi severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hislher subcontrat to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or al performance of the work contracted to be done, or for any other work or labor thereon of a or for amounts due under the Unemployment Insurance Code with respect to such work or I for any amounts required to be deducted, withheld, and paid over to the Employment Deve Department from the wages of employees of the contractor and subcontractors pursuant to 13020 of the Unemployment Insurance Code with respect to such work and labor that the SL pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is upon the bond, costs and reasonable expenses and fees, including reasonable attorney's be fixed by the court, as required by the provisions of section 3248 of the California Civil Cod This bond shall inure to the benefit of any and all persons, companies and corporations er file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3t Surety stipulates and agrees that no change, extension of time, alteration or addition to the t the Contract, or to the work to be performed thereunder or the specifications accompan) same shall affect its obligations on this bond, and it does hereby waive notice of any ( extension of time, alterations or addition to the terms of the contract or to the work or * 0 specifications. em p,s 7117198 Contract No. 3268 Page 35 of 101 Pal In the event that Contractor is an individual, it is agreed that the death of any such Contractor st not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this \'b'h Executed by SURETY Phis 15TH d day of L oA\l G?4 ,19w. of JANUARY .19- 99 CONTRACTOR: SURETY: ALk GREAT AMERICAN INSUIUNCE COMPANY (name of Surety) (address of Surety) (telephone number of Surety) P.O. BOX 5440, ORANGE, CA 92863-5440 (7 14) 740-2400 -z&@g+&g /4/ /.I @Z/ /; /(%/p,&f . ,' c By: '\. (signature of Attorney-in-Fact) (printed name of Attorney-in-Fact) DIANA LASKOWSKI (attach corporate resolution showing currenl power of attorney) <,AQA, %c&.r4 ITe(Pwscc (title and okganization bf 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 oi one officer signs, the corporation must attach a resolution certified by the secretary or assist; secretary under corporate seal empowering that officer to bind the corporatiom.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 4- r,s 7/17/98 Contract No. 3268 Page 36 of 101 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT $.personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the pers whose name(s) idare subscribed to the within instru and acknowledged to me that he/she/they execute same in his/her/their authorized capacity(ies), and tt- his/her/their signature(s) on the instrument the persc or the entity upon behalf of which the person(s) a executed the instrument. WITNESS my hand and official seal. Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prc fraudulent removal and reattachment of fh/s form to another document Description of Attached Document Title or Type of Document. ?Qc$Cl\mMD Document Date: Number of Pages: 7 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) b\nh 0 Individual 0 Individual 0 Partner - 3 Limited 0 General 3 Attorney-in-Fact 0 Guardian or Conservator C Guardian or Conservator Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association - 8236 Remmet Ave PO BOX 7184 * Canoga Park CA 91309 7184 Prod No 5907 Reorder Call Toll F CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STAm OF CALIFQRNIA COUNTY OF ORANGE On 1-15-99 before me, LEXIE SHEKWOOD - NOTARY PUBLIC personally appeared DIANA LASKOWSKI persor known to me to be the person whose name is subscribed to within instrument and acknowledged to me that she executed same in her authorized capacity, and that by her signature or instrument the person or the entity upon behalf of which person acted, executed the instrument, OPTXONAL a Though the data below is not required by law, it may prove valuable to pq relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF m NUMBEROFPAGES 2 DA!PE OF - 1-15-99 CAPACITY CLATMED BY SIGNER INDIVIDUAL 0 CORPORATE OFFICER TITLE (S) PARTNER (S) ATTORNEY-IN-FACT TRUSTEE (S) SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) * DUL\IUIt LO3Li5I: PREMIUM: $1 FAITHFUL PERFORMANCENVARRANTY BOND WHEREAS, the City Council of the City of Cartsbad, State of California, by F , adopted JANUARY 5, 1999 , has av PETERSON-CHASE GENERAL ENGINEERING CONSTRUCTION, INC. . (he designated as the "Principal"), a Contract for: a No.99-10 PETERSON-CHASE GEN. ENG. CONST. INC PALOMAR AIRPORT ROAD/I-5 TURN LANES CONTRACT NO. 3268 in the City of Carlsbad, in strict conformity with the contract, the drawings and specificati other Contract Documents now on file in the Office of the City Clerk of the City of Carlsb which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the term require the furnishing of a bond for the faithful performance and warranty of said Contract; PETERSON-CHASE GENERAL ENGINEERING CONSTRUCTION, INC. NOW, THEREFORE, WE, PETERSON-CHASE GEN. ENC. CONST. INC , as F (hereinafter designated as the "Contractof), and GREAT AMERICAN INSURANCE COMPANY , as Surety, are held and firmly bound unto the Ci of ( ), said sum beir to one hundred percent (100%) of the estimated amount of the Contract, to be paid to C certain attorney, its successors and assigns; for which payment, well and truly to be made, ourselves, our heirs, executors and administrators, successors or assigns, jointly and s firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contrac heirs, executors, administrators, successors or assigns, shall in all things stand to and abide well and truly keep and perform the covenants, conditions, and agreements in the Contract alteration thereof made as therein provided on their part, to be kept and performed at the 1 in the manner therein specified, and in all respects according to their true intent and mean shall indemnify and save harmless the City of Carlsbad, its officers, employees and ag therein stipulated, then this obligation shall become null and void; othewise it shall rema force and effect. As a part of the obligation secured hereby and in addition to the face amount specified there shall be included costs and reasonable expenses and fees, including reasonable a1 fees, incurred by the City in successfully enforcing such obligation, all to be taxed as cc included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the 1 the Contract, or to the work to be performed thereunder or the specifications accompan: same shall affect its obligations on this bond, and it does hereby waive notice of any extension of time, alterations or addition to the terms of the contract or to the work o z NINETY SEVEN THOUSAND SIX HUNDR 1 D 5 SEVEN AND NO/OO --__--___________ Dollars ($197,677.00 e 0 specifications. e-. rrs 7/17/98 Contract No. 3268 Page 37 of 101 Pa In the event that Contractor is an individual, it is agreed that the death of any such Contractor s not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this \x'Q Executed by SURETY this 15TH day ( day of ,1944 . JANUARY ,1999 . CONTRACTOR: SURETY: kc- GREAT AMERICAN INSURANCE COMPANY (name of Surety) P.O. BOX 5440, ORANGE, CA 92863-5440 (address of Surety) (telephone number of Surety) (714) 740-2400 (-A/ &&&&3XL&jgq 9 / ?C By: /L.LX&V~ (Title and Organization of Signatory) '(signature of Attomey-in-Fact) DIANA LASKOWSKI (printed name of Attorney-in-Fact) (Attach corporate resolution showing cum power of attorney.) \j\N Pn $Ad \ \iCK d c w.JI Re\, ffr- (Title and Organization df signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attachec (President or vice-president and secretary or assistant secretary must sign for corporations. If Q one officer signs, the corporation must attach a resolution certified by the secretary or assist secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ALDI, Assistant City Attorney em ts 7/17/98 Contract No. 3268 Page 38 of 101 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT )&personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the pers whose name(s) is/are subscribed to the within instrL and acknowledged to me that he/she/they execute same in his/her/their authorized capacity(ies), and tk his/her/their signature(s) on the instrument the persc or the entity upon behalf of which the person(s) a executed the instrument. WITNESS my hand and official seal. Though the information below IS not required by law, it may prove valuable to persons relying on the document and couldpr fraudu/ent removal and reattachment of thjs form to another document Title or Type of Document: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: bL& W. \Lw\ Individual 0 Individual 0 Partner - LI Limited 0 General 7 Attorney-in-Fact 0 Guardian or Conservator C Guardian or Conservator Signer Is Representing: Signer Is Representing: Reorder Call Toll f 0 1995 National Notary Association * 8236 Rernrnet Ave PO Box 7184 - Canoga Park CA 91309 7184 Prod No 5907 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STAm OF CALIFORNIA COUNTY OF ORANGE On 1-15-99 before me, LEXIE SHEHWOOD - NOTARY PUBLIC personally appeared DIANA LASKOWSKI persor known to me to be the person whose name is subscribed to within instrument and acknowledged to me that she executed same in her authorized capacity, and that by her signature or instrument the person or the entity upon behalf of which person acted, executed the instrument. OPTIONAL 0 Though the data below is not required by law, it may prove valuable to p relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITI;E OR TYPE OF - NuMREFtOFPAGES 2 LUWE OF - 1-15-99 CAPACITY CLAIMED BY SIGNER INDIVIDUAL 0 CORPORATE OFFICER c] PARTNER (S) ATTORNEY-IN-FACT TRUSTEE (S) TITLE (S) SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) a I CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION e The following representation and certification shall be completed, signed and returned 1 Carlsbad as a part of the bid package. REPRESENTATIONS: Mark all applicable blanks. Are you currently certifie by CALTRANS? This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is: I* YES Certification #: C E RTl Fl CATION OF BUSINESS REPRESENTATIONB): Mark all applicable blanks. This offeror repre part of this offer that: This firm is-, is not a minority busine This firm is-, is not 5 a woman-owned k WOMAN-OWNED BUSINESS: A woman-ov ness is a business of which at least 51 I owned, controlled and operated by a woman ( Controlled is defined as exercising the powe policy decisions. Operation is defined a: involved in the day-to-day management. FIRM'S PRIMARY PRODUCTS OR SERVICE NO $ 1 1 I I 1 I D@ I I 8 1 I I 1 I DEFINITIONS: MINORITY BUSINESS ENTERPRISE: "Minority Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration CoNSTRUCTloN CONTRACTOR: defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (Le., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CERTIFICATION: The information furnished is certified to be factual and corre Fvteddt+7qLmmj Cow%ir, CLASSIFICATION(S): A: c-l;?. c4a LICENSE NUMBER: b /q @7b TAXPAYERS 1-D- NO. qv - 0+4G4, c~A~N~~~~~ 4- r;@ 7/17/98 Contract No. 3268 Page 39 of 101 P: L 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 whc address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" a - whose address hereinafter call "Contractor" and 7 whose address hereinaft( called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follow! 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of Califorr the contractor has the option to deposit securities with the Escrow Agent as a substitute retention earnings required to be withheld by the City pursuant to the Construction Contract enter into between the City and Contractor for Palomar Airport Road/ld Turn Lanes, Contract No. 3268 the amount of dated (hereinafter referred to the "Contract"). Alternatively, on written request of the contractor, the City shall make payments the retention earnings directly to the escrow agent. When the Contractor deposits the securities a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of t deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of t escrow agent in connection with the handling of retentions under these sections in an amount r less than $100,000 per contract. The market value of the securities at the time of the substituti shall be a least equal to the cash amount then required to be withheld as retention under the teri of the contract between the City and Contractor. Securities shall be held in the name of t , and shall designate the Contractor as the benefic owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise WOI be withheld from progress payments pursuant to the Contract provisions, provided that the Escn 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 escn agent shall hold them for the benefit of the contractor until such time as the escrow created unc this contract is terminated. The contractor may direct the investment of the payments ir securities. All terms and conditions of this agreement and patties shall be equally applicable and binding whe@&eil@@s 4. The contractor shall be responsible for paying all fees fop Agent in administering the Escrow Account and all expenses of the City. These expenses a payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and interest earned on that interest shall be for the sole account of Contractor and shall be subject withdrawal by Contractor at any time and from time to time without notice to the City. ew %# 7/17/98 Contract No. 3268 Page 40 of 101 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrov only by written notice to Escrow Agent accompanied by written authorization from City to th Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contra 7. The City shall have a right to draw upon the securities in the event of default by the Cc Upon seven days' written notice to the Escrow Agent from the City of the default, the Escr shall immediately convert the securities to cash and shall distribute the cash as instructc City. 8. Upon receipt of written notification from the City certifying that the Contract is final and and that the Contractor has complied with all requirements and procedures applicab Contract, the Escrow Agent shall release to Contractor all securities and interest on de^ escrow fees and charges of the Escrow Account. The escrow shall be closed immedia 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 ( pursuant to sections (I) to (8), inclusive, of this agreement and the City and Contractor 1 Escrow Agent harmless from Escrow Agent's release, conversion and disbursemer securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to recei\ notice on behalf of the City and on behalf of Contractor in connection with the foregc exemplars of their respective signatures are as follows: For City: Title 0 Name Signature Address e 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 Escrc a fully executed counterpart of this Agreement. a 4- r.$ 7/17/98 Contract No. 3268 Page 41 of 101 F IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on 1 date first set forth above. For City: Title Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address em p,S 7im9a Contract No. 3268 Page 42 of 101 Pages SPECIAL PROVISIONS FOR CONTRACT NO. 3268 PALOMAR AIRPORT ROAD/I=S TURN LANES 0 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUC PART I, GENERAL PROVISIONS SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYME 1-1 TERMS Add the following section: 1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sct or words of similar import are used, it shall be understood that reference is made to tl accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar in used, it shall be understood that the direction, designation or selection of the Engineer is i unless stated otherwise. The word "required" and words of similar import shall be undei mean "as required to properly complete the work as required and as approved by the Ei unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", t words of similar import are used, it shall be understood such words are followed by the ex "in the opinion of the Engineer, unless otherwise stated. Where the words "approved", "a "acceptance", or words of similar import are used, it shall be understood that the i acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contract0 expense, shall perform all operations, labor, tools and equipment, and further, incluc furnishing and installing of materials that are indicated, specified or required to mean Contractor, at its expense, shall furnish and install the work, complete in place and ready including furnishing of necessary labor, materials, tools, equipment, and transportation. @ c em t? 7/17/90 Contract No. 3268 Page 43 of 101 Pz 1-2 DEFINITIONS. Modify as follows: The following words, or grouips of words, shall exclusively defined by the definitions assigned to them herein. Agency -the City of Carlsbad, California. City Council -the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or hidher approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager claims submitted by the Contractor. The City Manager is the last appeal level for informal dispi resolution. Engineer - the City Engineer of the City of Carlsbad or hidher approved representative. The C Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 perceria (10%) of the origii Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hip directed, supervised and paid by the Contractor to accomplish the completion of the Work. Furth such employees have their employment taxes, State disability insurance payments, State E Federal income taxes paid and administered, as applicable, by the Contractor. When used Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leas and uses to accomplish the Work. Equipment that is owner operated or leased equipment with operator is not part of the Contractor's Own Organization and will not be included for the purpose compliance with section 2-3.1 of the Standard Specifications and these Special Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provid who is employed by neither the Contractor nor a subcontractor and is neither an agent or employ of the Agency or a public utility. Principal Inspector - The Senior Inspector's immediate supervisor and second level of appeal informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administrat and first level for informal dispute resolution. Senior Inspector - the Project Inspector's immediate supervisor and first level of appeal informal dispute resolution. 4.- %a 7/17/98 Contract No. 3268 Page 44 of 101 Pages SECTION 2 - SCOPE AND CONTROL OF THE WORK @ 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions the Contractor to complete 50 percent of the contract price with its own organization, thc may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 F the value of the work performed in excess of 50 percent of the contract price by other Contractor's own organization. The City Council shall be the sole body for determina violation of these provisions. In any proceedings under this section, the prime contractor entitled to a public hearing before the City Council and shall be notified ten (10) days in ad the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first p, having to do with a surety being listed in the latest revision of U.S. Department of Treasur) 570. Modify Paragraphs three and four to read: The Contractor shall provide a performance/warranty bond and payment bond (labor and materials bond) for this contrz faithful performance/warranty bond shall be in the amount of 100 percent of the contract F the payment bond shall be in the amount of 50 percent of the contract price. Both bo1 extend in full force and effect and be retained by the Agency during this project until released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount after recordation of the Notice of Completion and will remain in full force and effect for the t warranty period and until all warranty repairs are completed to the satisfaction of the Engine The payment bond shall be released six months plus 30 days after recordation of the b Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admit authorized to transact the business of insurance in California and whose assets exce liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to COI following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by 2) A certified copy of the certificate of authority of the insurer issued by the in If the bid is accepted, the Agency may require a financial statement of the assets and liab the insurer at the end of the quarter calendar year prior to 30 days next preceding the dat execution of the bond. The financial statement shall be made by an officer's certificate as dt Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statem be verified by the oath of the principal officer or manager residing within the United States. e other instrument entitling or authorizing the person who executed the bond to do so. commissioner. 0 *w ts 7/17/98 Contract No. 3268 Page 45 of 101 Pa 2-5 PLANS AND SPECIFICATIONS. The construction plans consist of one (1) set. The set is designated as City of Carlsbad Drawi No. 363-2 and consists of nine (9) sheets. The standard drawings used for this project are t latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, issued by the San Diego County Department of Public Works, together with the City of Carlsb Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclos as an appendix to these Special Provisions. 2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specificatio are used to modify the SSPWC or added to the SSPWC by any of the contract documents tl CALTRANS specifications shall have precedence only to the materials and construction materi: referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Pari of these Special Provisions and Part 1 of the SSPWC in the order of precedence in section 2-5.2 the SSPWC shall prevail over the CALTRANS specifications. 2-5.3.3 Submittals, add the following: When submitted for the Engineer's review, Shop Drawin shall bear the Contractor's certification that he has reviewed, checked, and approved the Sh Drawings and that they are in conformance with the requirements of the Contract Documents. T 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 propos to be incorporated into this Project, is in compliance with the Contract Documents, can be install in the allocated spaces, and is submitted for approval. By: Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-bL record set of blue-line prints, which shall be corrected in red daily and show every change from 1 original drawings and specifications and the exact "as-built'' locations, sizes and kinds of equipme underground piping, valves, and all other work not visible at surface grade. Prints for this purpc may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall used only as a record set and shall be delivered to the Engineer upon completion of the wor Payment for performing the work required by section 2-5.4 shall be included in various bid items a no additional payment will be made therefor. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not disti permanent survey monuments or benchmarks without the consent of the Engineer. Where Engineer concurs, in writing, with the Contractor that protecting an existing monument in place impractical, the Contractor shall employ a licensed land surveyor to establish the location of monument before it is disturbed. The Contractor shall have the monument replaced by a licen: land surveyor no later than thirty (30) days after construction at the site of the replacemenl completed. The Licensed Land Surveyor shall file corner record(s) as required by 55 8772 i 8773, et seq. of the California Business and Professions Code. ew PIS 7/17/98 Contract No. 3268 Pijge 46 of 101 Pages When a change is made in the finished elevation of the pavement of any roadway in permanent survey monument is located, the Contractor shall adjust the monument frame i to the new grade. Monument frames and covers shall be protected during street sealing o projects or be cleaned to the satisfaction of the Engineer. 2-9.3 Survey Service, substitute the following: The Contractor shall hire and pay for the of a land surveyor licensed in the State of California, hereinafter Surveyor, to perform necessary for establishing control, construction staking, records research and all other ! work necessary to construct the work, provide surveying services as required herein anc surveying, drafting and other professional services required to satisfy the requirements of Surveyors Act. Surveyor shall be resident on the site during all surveying operations l personally supervise and certify the surveying work. Add the following section: 2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conforn requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade : the Engineer before commencing work in the area affected by the grade sheets. The C shall submit field notes for all surveying required herein to the Engineer within ten performing the survey. All surveying field notes, grade sheets and survey calculations submitted in bound form on 8'/: by 11" paper. The field notes, calculations and data shall and complete with name of field party chief, field crew members, preparer, date of obser calculation, consecutive page numbers and shall be readable without resort to any electr computer program or documentation for any computer program. The field notes shall be I in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a R Survey prepared and filed in conformance with §§ 8700 - 8805 of the State of California I and Professions Code showing all SDRS M-IO monuments set. The record of survey shall I location and justification of location of all permanent monuments set and their relation to t right-of-way. Record@) of Survey(s) shall be submitted for the Engineer's review and before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer a intervals as measured along the project stationing unless a lesser interval is specified Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch PC street crown lines where no median exists. Large slopes shall have line point set t construction of the slope. Rough sub-grade stakes for roadway section shall be set at pavement and top of curbs. Finish sub-grade stakes shall be set prior to placing sut aggregate base for the roadway section. The stakes shall be set at edge of pavement ar curbs. Finish subgrade stakes for the aggregate base for the roadway section shall be a intervals at edge of pavement and top of curbs and crown line where no median Intermediate stakes between edge of pavement and top of curb shall be set at 15-foot intc the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be ai intervals at top of curb, edge of pavement, and all crown lines and grade breaks. Intel stakes between edge of pavement and top of curb shall be set at 15-fOOt intervals. Stoi staking shall be done at &foot intervals. Catch basins shall be staked at centerline and e of the local depression. Curbdcurbs and gutter shall be staked at 25-foot intervals, cente driveways, and 1/4, 112, 314 delta on returns. Fills to finish grade at 25-foot intervals by tht pass width shall be painted on the pavement prior to placing each lift of asphalt on thickness pavement overlays requiring leveling courses. Intersections showing specific asphalt grids shall be painted per the grid. Stakes shall be set to show the location and ! future curbs adjacent to traffic signal locations where the curb is not being built as a par contract. Surveyor shall mark the removal limits and limits of work line shown on the plat markings shall consist of continuous painted lines on asphalt and concrete surfaces and red em a e @ p,s 7/17/98 Contract No. 3268 Page 47 of 101 Pz or painted laths spaced on centers no more than twenty-five feet on unimproved areas. 1 markings shall be completed by Surveyor and inspected and approved by the Engineer before start of construction in the area marked. Centerline monuments shall be laid out, their c stamped, and a Record of Survey satisfactory to the Engineer filed with the County in accordar with the Professional Land Surveyors Act. Water and sewer line stakes shall be set at 25-f intervals with offsets referencing the top and centerline of pipe on main line and laterals. For pipeline work the pipe and each access hole, pipe material change, lateral connection, fitfi appurtenance, or hydrant location with elevations shall be staked and provided with grade stal designating the offset of the reference point, station, elevation of reference point, cut (or fill) E feature of pipe that is referenced. Habitat mitigation sites and other areas to be preserved that i shown on the plans shall be staked and flagged at 25 foot intervals prior to the start of any otl activities within the limits of the work. Add the following section: 2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sectic 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and additional payment will be made. Extension of unit prices for extra work shall include compensation for attendant survey work and no additional payment will be made therefor. Payml for the replacement of disturbed monuments and the filing of comer records shall be incidenta’ the work necessitating the disturbance of said monuments and no additional payment will be rn: therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER Add the following section: 2-10.1 Availability of Records, The Contractor shall provide copies of all records in Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. 2-4 0.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to Engineer, within San Diego County, accurate books and accounting records relative to all activities. The Engineer shall have the right to monitor, assess, and evaluate Contract( performance pursuant to this Agreement, said monitoring, assessments, and evaluations to inclu but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and intervie of Contractor’s staff. At any time during normal business hours and as often as the Engineer IT deem necessary, upon reasonable advance notice, Contractor shall make available to the Enginc for examination, all of its records with respect to all matters covered by this Contract and will per the Engineer to audit, examine, copy and make excerpts or transcripts from such data and recop and to make audits of all invoices, materials, payrolls, records of personnel, and other data relat to all matters covered by this Contract. However, any such activities shall be carried out ii manner so as to not unreasonably interfere with Contractor‘s ongoing business operatio Contractor shall maintain such data and records for as long as may be required by applicable I; and regulations. . Add the following section: 4- ts 7/17/98 Contract No. 3268 Page 48 of 101 Pages SECTION 3 -- CHANGES IN WORK a 3-3 EXTRAWORK. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease i Bid Item, the use of this basis for the adjustment of payment will be limited to that porti change, which together will all previous changes to that item is not in excess of 25 perct total cost of such item based on the original quantity and Contract Unit Price. Adjusi excess of 25 percent may, at the option of the Engineer, be paid pursuant to section t Work. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Reg2 ownership, the rates and right-of-way delay factors to be used in determining rental and de shall be the edition of the, "Labor Surcharge & Equipment Rental Rates" published by CAI current at the time of the actual use of the tool or equipment. The right-of-way delay facto1 shall be used as multipliers of the rental rates for determining the value of costs for del Contractor and subcontractors, if any, The labor rates published therein are not a pa contract. 3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSF replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractc and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, I percent shall be E compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is perform Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portic extra work and a markup of 5 percent on work added in excess of $5,000 of the subcc portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payi extra work will not be made until such time that the Contractor submits completed daily rep all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete pz five (5), and add the following: The Contractor shall not be entitled to the payment of any a compensation for any act, or failure to act, by the Engineer, including failure or refusal to change order, or for the happening of any event, thing, occurrence, or other cause, unless have first given the Engineer due written notice of potential claim as hereinafter sp 2) Materials ............................. 15 3) Equipment Rental ................... 15 e 0 em tS 7/17/98 Contract No. 3268 Page 49 of 101 P: Compliance with this section shall not be required as a prerequisite to notice provisions in Sed 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measuremeni errors of computation as to contract quantities. The written notice of potential claim for chan! conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to time that the Contractor performs the work giving rise to the potential claim. The Contractor's fail to give written notice of potential claim for changed conditions to the agency upon their discov and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of particular circumstances giving rise to the potential claim, the reasons for which the Contrac believes additional compensation may be due and nature of any and a31 costs involved wit 20 working days of the date of service of the written notice of potential claim for changed conditio Verbal notifications are disallowed. The potential claim shall include the following certification relative to the Califfomia False Claims 1 Government Code Sections 12650-1 2655. "The undersigned certifies that the above statements are made in full cognizance of the Califor False Claims Act, Government Code sections 12650-1 2655. The undersigned further understar and agrees that this potential claim, unless resolved, must be restated as a claim in response to City's proposed final estimate in order for it to be further considered." The Contractor's estimate of costs may be updated when actual costs are known. The Contrac shall submit substantiation of its actual costs to the Engineer within 20 working days after 1 affected work is completed. Failure to do so shall be sufficient cause for denial of any ck 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 the contract be brought to the attention of the Engineer at the earliest possible time in order tl such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice potential claim prior to commencing any disputed work. Failure to give said notice shall constitutc waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispi resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contrac shall attempt to resolve all disputes informally through the following dispute resolution chain command: 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. City Engineer 5. City Manager e= %S 7/17/98 Contract No. 3268 Page 50 of 101 Pages The Contractor shall submit a complete report within 20 working days after completio disputed work stating its position on the claim, the contractual basis for the claim, alons documentation supporting the costs and all other evidentiary materials. At each level of appeal of claim the City will, within 10 working days of receipt of said claim or appeal review the Contractor's report and respond with a position, request additional information o that the Contractor meet and present its report. When additional information or a m requested the City will provide its position within 10 working days of receipt of said t information or Contractor's presentation of its report. The Contractor may appeal eac position up to the City Manager after which he may proceed under the provisions of tt Contract Code. The authority within the dispute resolution chain of command is limited to recommz resolution to a claim to the City Manager. Actual approval of the claim is subject to the char provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article I .5 (commen Section 201 04) which is set forth below: 0 ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five I dollars ($375,Q00) 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 contract public agency when the public agency has elected to resolve any disputes pursuant to A (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code that "public work" does not include any work or improvement contracted for by the stal Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pa: money or damages arising from work done by, or on behalf of, the contractor pursuar contract for a public work and payment of which is not otherwise expressly provided fc claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or spec 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 tt Claims must be filed on or before the date of final payment. Nothing in this subdivision is int extend the time limit or supersede notice requirements otherwise provided by contract for of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall re: writing to any written claim within 45 days of receipt of the claim, or may request, in writin 30 days of receipt of the claim, any additional documentation supporting the claim or re 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 pursua 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 sub1 the claimant within 15 days after receipt of the further documentation or within a period 01 greater than that taken by the claimant in producing the additional information, whichever is (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three *= ts 7/17/98 Contract No. 3268 Page 51 of 101 P e @ seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all writ claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receip' the claim, any additional documentation supporting the claim or relating to defenses to the claim local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to t 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 the claimant within 30 days after receipt of the further documentation, or within a period of time greater than that taken by the claimant in producing the additional information or requesl documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respc within the time prescribed, the claimant may so notify the local agency, in writing, either wit1 15 days of receipt of the local agency's response or within 15 days of the local agency's failure respond within the time prescribed, respectively, and demand an informal conference to meet a confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedulf 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, 1 claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapte (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. F purposes of those provisions, the running of the period of time within which a claim must be fil shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision until the time that claim is denied as a result of the meet and confer process, including any period time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor shall construed to change the time periods for filing tort claims or actions specified by Chapter (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Divisi 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subjt to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the COI shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both partk The mediation process shall provide for the selection within 15 days by both parties of disinterested third person as mediator, shall be commenced within 30 days of the submittal, a shall be concluded within 15 days from the commencement of the mediation unless a tir requirement is extended upon a good cause showing to the court or by stipuUation of both parties. the parties fail to select a mediator within the 15-day period, any party may petition the coud appoint the mediator. (b)(?) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant Chapter 2.5 (commencing with Section 1141 .IO) of Title 3 of Part 3 of the Code of Civil Procedui notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedur shall apply to any proceeding brought under the subdivision consistent with the rules pertaining judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointr for purposes of this article shall be experienced in construction law, and, upon stipulation of tl parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not exceed their customary rate, and such fees and expenses shall be paid equally by the partie except in the case of arbitration where the arbitrator, for good cause, determines a different divisio 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 Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but dor not obtain a more favorable judgment shall, in addition to payment of costs and fees under th *llr r,@ 7/17/98 Contract No. 3268 Page 52 of 101 Pages 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 mec 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is ur except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the lega any arbitration award or judgment. The interest shall begin to accrue on the date the suit is court of law. arbitration process. a SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free a access to any and all parts of work at any time. Contractor shall furnish Engineer wi information as may be necessary to keep the Engineer fully informed regarding progrt manner of work and character of materials. Inspection or testing of the whole or any portio1 work or materials incorporated in the work shall not relieve Contractor from any obligation this Contract. 4-1.4 Test of Materials, add the following: Except as specified in these Special Provisi Agency will bear the cost of testing materials and/or workmanship where the results of SL meet or exceed the requirements indicated in the Standard Specifications and the 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 approve1 before the delivery is started. All materials proposed for use may be inspected or tested at t during their preparation and use. if, after incorporating such materials into the Work, it is fa sources of supply that have been approved do not furnish a uniform product, or if the prod any source proves unacceptable at any time, the Contractor shall furnish approved mate other approved sources. If any product proves unacceptable after improper storage, handlir any other reason it shall be rejected, not incorporated into the work and shall be removed project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or ex( requirements of the specifications shall be borne by the Agency. Said tests may be mad place along the work as deemed necessary by the Engineer. The costs of any retes necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, satisfactory performance of substituted items. If, in the sole opinion of the Enginel substitution is determined to be unsatisfactory in performance, durability, compatibili associated items, availability of repair parts and suitability of application the Contractc remove the substituted item and replace it with the originally specified item at no cost Agency. 0 add the following: The Contractor is responsible 0 4,- ts 7/17/98 Contract No. 3268 Page 53 of 101 PE SECTION 5 -- UTILITIES 5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a sez of known records, endeavored to locate and indicate on the Plans, all utilities which exist within limits of the work. However, the accuracy and/or completeness of the nature, size and/or locatio utilities indicated on the Plans is not guaranteed. 54 RELOCATION. Add the following: In order to minimize delays to the Contractor caused by failure of other parties to relocate utilities that interfere with the construction, the Contractor, u request to the Engineer, may be permitted to temporarily omit the portion of work affected by utility. Such omission shall be for the Contractor's convenience and no additional compensation be allowed therefor. The portion thus omitted shall be constructed by the Contractor immedia following the relocation of the utility involved unless otherwise directed by the Engineer. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection f and substitute the following: The Contractor shall begin work within ten (PO) calendar days af receipt of the "Notice to Proceed". Add the following section: 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prep and submit to the Engineer a chart showing individual tasks and their durations arranged with tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use diffei texture patterns or distinctive line types to show the critical path. Add the following section: 6-1 .I Measurement And Payment Of Construction Schedule. The Contractor's preparati revision and maintenance of the Construction Schedule are incidental to the work and no separ payment will be made therefor. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment i materials, and performing all operations necessary to complete the Project Work as shown on Project Plans and as specified in the Specifications. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Proj Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Proj Representative shall be the individual determined under section 7-6, "The Contract( Representative", SSPWC. No separate payment for these meetings will be made. 4- r,s 7/17/98 Contract No. 3268 Page 54 of 101 Pages 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide writte to the Engineer within two hours of the beginning of any period that the Contractor has pia workers or equipment on standby for any reason that the Contractor has determined to be by the Agency or by any organization that the Agency may otherwise be obligated Contractor shall provide continuing daily written notice to the Engineer, each worki throughout the duration of such period of delay. The initial and continuing written notic include the classification of each workman and supervisor and the make and model of each equipment placed on standby, the cumulative duration of the standby, the Contractor's op the cause of the delay and a cogent explanation of why the Contractor could not avoid the c reasonable means. Should the Contractor fail to provide the notice@) required by this sec Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute th to completion within eighty (80) working days after the starting date specified in the Nc Proceed. 6-7.2 Working Day. Unless otherwise approved in writing by the EI the hours of work shall be between the hours of 8:30 a.m. and 3:30 p.m. on Mondays Fridays, excluding Agency holidays. The Contractor shall obtain the written approval Engineer if the Contractor desires to work outside said hours or at any time during weekend: holidays. This written permission must be obtained at least 48 hours prior to such wor Engineer may approve work outside the hours and/or days stated herein when, in his/h opinion, such work conducted by the Contractor is beneficial to the best interests of the Agen Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted f (1) year after recordation of a "Notice of Completion" and any faulty work or materials discc during the warranty period shall be repaired or replaced by the Contractor, at its expc Twenty-five percent of the faithful performance bond shall be retained as a warranty bond one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sf of the second paragraph and add the following: For each consecutive calendar day in exc the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractc pay the Agency, or have withheld monies due it, the sum of One Thousand Dollars ($1,000). Execution of the Contract shall constitute agreement by the Agency and Contractor thi Thousand Dollars ($1.000) per day is the minimum value of costs and actual damages cau the Contractor to complete the Work within the allotted time. Any progress payments made a. specified completion date shall not constitute a waiver of this paragraph or of any damages. a Add the following: 0 SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insure have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authori conduct business in the state of California and are listed in the official publication of the Depa of Insurance of the State of California. a e* p,@ 7/17/90 Contract No. 3268 Page 55 of 101 Pag 74 WORKERS COMPENSATION INSURANCE. Add the following: All insurance is to be pial with insurers that are admitted and authorized to conduct business in the state of California and listed in the official publication of the Department of insurance of the State of California. Polic issued by the State Compensation Fund meet the requirement for workers' compensa insurance. 7-5 PERMITS. Modify the first sentence to read: Except as specified herein the agency will obtl at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits necess to perform work for this contract on Agency property, in streets, highways (except State highv right-of-way), railways or other rights-of-way. Contractor shall not begin work until all perr incidental to the work are obtained. The Contractor shall obtain and pay for all permits i inspection required by the State of California for the disposal of all materials removed from project. The cost of said permit(s) and inspection shall be included in the price bid for appropriate bid item and no additional compensation will be allowed therefor. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility compar during the relocation or construction of their lines. The Contractor may be granted a time extens if, in the opinion of the Engineer, a delay is caused by the utility company. No additio compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required her shall also be executed on weekends and other non-working days when needed to preserve health safety or welfare of the public. The Contractor shall conduct effective cleanup and d control throughout the duration of the Contract. The Engineer may require increased levels cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, sal and welfare of the public. Cleanup and dust control shall be considered incidental to the item: work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtaii construction meter for water used for the construction, plant establishment, maintenance, clean testing and all other work requiring water related to this contract. The Contractor shall contact appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, servi meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall considered incidental to the items of work that they are associated with and no additional payml will be made therefor. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipF with mufflers in good repair when in use on the project with special atteintion to the City No Control Ordinance, Carlsbad Municipal Code Chapter 8.48. em %@ 7/17/98 Contract No. 3268 Page 56 of 101 Pages 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect t include Chapter 11.06. Excavation and Grading. materials, such as borrow pits or gravel beds, for use in the proposed construction proje would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the c( established pursuant to Section 1601 et seq. of the Fish and Game Code shall become c( of the contract. If this notice specifies locations or * SECTION 9 - MEASUREMENT & PAYMENT 93 PAYMENT. 9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each moi Engineer will make an approximate measurement of the work performed to the closure I basis for making monthly progress payments. The estimated value will be based on contri prices, completed change order work and as provided for in Section 9-2 of the Si Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendi after the closure date. Five (5) working days following the closure date, the Engine6 complete the detailed progress pay estimate and submit it to the Contractor for his inforn Should the Contractor assert that additional payment is due, the Contractor shall within tc days of receipt of the progress estimate, submit a supplemental payment request to the Ei with adequate justification supporting the amount of Supplemental payment request. Upon of the supplemental payment request, the Engineer shall, as soon as practicable after I determine whether the supplemental payment request is a proper payment request. Engineer determines that the supplemental payment request is not proper, then the reque be returned to the Contractor as soon as practicable, but not later than seven (7) days after I The returned request shall be accompanied by a document setting forth in writing the ream the supplemental payment request was not proper. In conformance with Public Contrac Section 20104.50, the City shall make payments within thirty (30) days after receipt undisputed and properly submitted supplemental payment request from the Contractor. If pz of the undisputed supplemental payment request is not made within thirty (30) days after rec the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate st in subdivision (a) of Section 685.010 of the Code of Civil Procedure. 9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agency shal 10 percent of such estimated value of the work done and 10 percent of the value of mater estimated to have been furnished and delivered and unused or furnished and stored as afc as part security for the fulfillment of the contract by the Contractor, except that at any tim 20 percent of the work has been completed, if the Engineer finds that satisfactory progress i! made, the Agency may reduce the total amount being retained from payment pursuant above requirements to 5 percent of the total estimated value of said work and materials ar also reduce the amount retained from any of the remaining partial payments to 5 percent estimated value of such work and materials. In addition, on any partial payment mad1 95 percent of the work has been completed, the Agency may reduce the amount withhel payment pursuant to the requirements of this Section to such lesser amounts as the En determines is adequate security for the fulfillment of the balance of the work and requirements of the contract, but in no event will said amount be reduced to less than 125 p of the estimated value of the work yet to be completed as determined by the Engineer. reduction will only be made upon the written request of the Contractor and shall be appro writing by the surety on the Performance Bond and by the surety on the Payment Bond approval of the surety shall be submitted to the Engineer; the signature of the person executi approval for the surety shall be properly acknowledged and the power of attorney authorizir to give such consent must either accompany the document or be on file with the Agency. @ @ 4- eS 7/17/98 Contract No. 3268 Page 57 of 101 Pa! 93.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspection, q Engineer will make a Final Payment Estimate and process a corresponding payment. This estimi will be in writing and shall be for the total amount owed the Contractor as determined by i Engineer and shall be itemized by the contract bid item and change order item with quantities a payment amounts and shall show all deductions made or to be made for prior payments E amounts to be deducted under provisions of the contract. All prior estimates and progress payme 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 ma written statement disputing any bid item or change order item quantity or payment amount. T Contractor shall provide all documentation at the time of submitting the statement supporting position. Should the Contractor fail to submit the statement and supporting documentation wit1 the time specified, the Contractor acknowledges that full and final payment has been made for contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, t Engineer will review the disputed item within 30 calendar days and make any approprk adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by t Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain 1 basis and amount of said claims. The Engineer will consider and determine the Contractor's claii and it will be the responsibility of the Contractor to furnish within a reasonable time such furtt information and details as may be required by the Engineer to determine the facts or contentic involved in its claims. Failure to submit such information and details will be sufficient cause denying the claims. 9-3.2.7 Payment for Claims. Add the following: Written statement shall be submitted to 1 Agency within 30 calendar days of receipt of Final Payment for all claims for the entire project. claim will be considered that was not included in this written statement, nor will any claim be allow for which written notice or protest is required under any provision of this contract including sectic 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Writl Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied \IY notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain t basis and amount of said claims. The Engineer will consider and determine the Contractor's claii and it will be the responsibility of the Contractor to furnish within a reasonable time such furtt information and details as may be required by the Engineer to determine the facts or contentio involved in its claims. Failure to submit such information and details will be sufficient cause denying the claims. Payment for claims shall be processed within 30 calendar days of receipt of the written statemenl further information, whichever is longer, for those claims approved by the Engineer. The Contrac shall proceed with informal dispute resoffition under subsection 3-5, Disputed Work, for those claii remaining in dispute. Add the following section: 9-3.3.7 Delivered Materials. into the work will not be included in the progress estimate. The cost of materials and equipment delivered but not incorporal em p,s 7/17/98 Contract No. 3268 Page 58 of 101 Pages SECTION IO. CONSTRUCTION DETAILS SECTION 10-1. GENERAL 10-1.01 PUBLIC SAFETY 10-1.02 PREQUALIFIED AND TESTED SIGNING AND DELINEATION MATERIALS 10-1.03 TRANSPORTING MIXED CONCRETE 10-1.04 CEMENT AND WATER CONTENT 10-1.05 ORDER OF WORK 10-1.06 WATER POLLUTION CONTROL 10-1.07 PRESERVATION OF PROPERTY 10-1.08 DAMAGE REPAIR 10-1.09 RELIEF FROM MAINTENANCE AND RESPONSIBILITY 10-1 .IO OBSTRUCTIONS 10-1 .I 1 MOBILIZATION 10-1.12 CONSTRUCTION AREA SIGNS 10-1.13 MAINTAINING TRAFFIC 10-1 .I4 TEMPORARY PAVEMENT DELINEATION 10-1 .I 5 BARRICADES 10-1.1 6 TEMPORARY RAILING 10-1.17 TEMPORARY CRASH CUSHION MODULE 10-1.18 EXISTING HIGHWAY FACILITIES a 10-1.18A REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS 10-1.18B REMOVE DRAINAGE FACILITIES 10-1.18C REMOVE PAVEMENT MARKERS 10-1.180 SALVAGE SIGN STRUCTURES 10-1.78E RESET ROADSIDE SIGNS 10-1.18F COLD PLANE ASPHALT CONCRETE PAVEMENT 10-1.19 EARTHWORK 10-1.20 FINISHING ROADWAY 10-1.21 AGGREGATE BASE 10-1.22 ASPHALT CONCRETE 10-1.23 SIGN STRUCTURES 10-1.24 MISCELLANEOUS CONCRETE CONSTRUCTION 10-1.25 MINOR CONCRETE (MINOR STRUCTURE) 10-1.26 MISCELLANEOUS IRON AND STEEL 10-1.27 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS 10-1.28 PAINT TRAFFIC STRIPES 10-1.29 PAVEMENT MARKERS 10-1.30 MODIFY EXISTING IRRIGATION SYSTEM 10-1.31 SUPPLEMENTAL PLANTING e a 4- %$ 7/17/98 Contract No. 3268 Page 59 of 101 Pa SECTION IO - CONSTRUCTION DETAILS SECTION 10-1. GENERAL 10-1.01 PUBLIC SAFETY.-The Contractor shall provide for the safety of traffic and the publi accordance with the provisions in Section 7-1.09, "Public Safety," of the CALTRANS Stan( Specifications and these special provisions. The Contractor shall install temporary railing (Type K) between any lane carrying public traffic any excavation, obstacle, or storage area when the following conditions exist: (1) Excavations.-Any excavation, the near edge of which is 12 feet or less from the edg (a) Excavations covered with sheet steel or concrete covers of adequate thicknes (b) Excavations less than one foot deep. (c) Trenches less than one foot wide for irrigation pipe or electrical conduit, (d) Excavations parallel to the lane for the purpose of [pavement widening (e) Excavations in side slopes, where the slope is steeper than 4:l. (9 Excavations protected by existing barrier or railing. the lane, except: prevent accidental entry by traffic or the public. excavations less than one foot in diameter. reconstruction. (2) Temporarily Unprotected Permanent Obstacles.-Whenever the work includes installation of a fixed obstacle together with a protective system, such as i3 sign structure togef with protective railing, and the Contractor elects to install the obstacle prior to installing protective system; or whenever the Contractor, for his convenience and with permission of Engineer, removes a portion of an existing protective railing at an obstacle and does not repli such railing complete in place during the same day. (3) Storage Areas.-Whenever material or equipment is stored within 12 feet of the lane i such storage is not otherwise prohibited by the specifications. The approach end of temporary railing (Type K), installed in accordance with the requirement: this section "Public Safety" and in Section 7-1.09, "Public Safety," of the CALTRANS Stand Specifications shall be offset a minimum of 15 feet from the edge of the traffic lane open to pul traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of more than one foot transversely to 10 feet longitudinally with respect to the edge of the traffic Ian If the 15-foot minimum offset cannot be achieved, the temporary railing shall be installed on the to 1 skew to obtain the maximum available offset between the approach end of the railing and i edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at 1 approach end of the temporary railing. Temporary railing (Type K) shall conform to the provisions in Section 12-3.08, "Temporary Raili (Type K)" of the CALTRANS Standard Specifications, except temporary railing (Type K) fabricai prior to January 1 , 1993, with one longitudinal No. 5 reinforcing steel bar near the top in lieu of 1 2 longitudinal No. 5 reinforcing steel bars near the top, as shown on the plans, may be used. Temporary crash cushion modules shall conform to the provisions in "Temporary Crash Cushi Module" elsewhere in these special provisions. e= r,s 7/17/98 Contract No. 3268 Piage 60 of 101 Pages Approach speed of public traffic (Posted Limit) (Miles Per Hour) Over 45 35 to 45 Work Areas Within 6 feet of a traffic lane but not on a traffic lane. Within 3 feet of a traffic lane but not on a traffic lane. MATERIALS and PRODUCTS Temporary pavement markers Striping and pavement marking tape Pavement markers, reflective and non-reflective Flexible Class 1 delineators and channelizers Railing and barrier delineators Sign sheeting and base materiab Reflective sheeting for barricades Reflective sheeting for channelizers Reflective sheeting for markers and delineators Reflective sheeting for traffic cone sleeves Reflective sheeting for barrels and drums None of the above listed signing and delineation materials and products shall be used in the wc unless such material or product is listed on the List of Approved Traffic Products. A Certificate Compliance shall be furnished as specified in Section 6-1.07, "Certificates of Compliance," of 1 CALTRANS Standard Specifications for signing and delineation materials and products. Si certificate shall also certify that the signing and delineation material or product conforms to i prequalified testing and approval of the Department of Transportation, Division of Traffic Operatic and was manufactured in accordance with the approved quality control program. The following is a listing of approved prequalified and tested signing and delineation materials i products: PAVEMENT MARKERS, PERMANENT TYPE Reflective pavement markers Adelite (4x4) Apex (4x4) Pavement Markers, Inc., "Hye-Lite" (4x4) Ray-0-Lite, Models SS, RS, and AA (4x4) Ray-0-Lite, Models 2001 (2.3x4.6) and 2002 (2.4x4.7) Stimsonite, Model 88 (4x4) Reflective pavement markers with abrasion resistant surface Stimsonite, Model 91 1 (4x4) Stimsonite, Model 944 SB (2x4) Stimsonite, Model 948 (2.3x4.7) Ray-0-Lite "AA" ARS (4x4) Ray-0-Lite Model 2002 ARS (2.2x4.7) Non-reflective pavement markers for use with epoxy or bituminous adhesive Apex Universal (Ceramic) Highway Ceramics, Inc. (Ceramic) Engineered Plastics, Inc., "Safety Dot" SD4 (Polyester) Zumar, TM4OWN (Polyester) e= p,@ 7/17/98 Contract No. 3268 Page 62 of 101 Pages Non-reflective pavement markers for use with only bituminous adhesive Edco, (Marker Supply) - Models AI 107 and AYl108 (ABS) Hi-Way Safety Inc. Models P20-2OOOW and 2001Y (ABS) Interstate Sales, "Diamond Back" (ABS) PAVEMENT MARKERS, TEMPORARY TYPE Temporary pavement markers for long term dayhight use (6 months or less) 4B Apex Universal, Model 924 (4x4) Davidson Plastics Co., "RPM" (4x4) Elgin "Empco-Lite" Model 901 (4" round) Temporary pavement markers for short term dayhight use (14 days or less) Davidson Plastics, Models TOM (Standard) with Reflexite PC-1000, or (WZ) with I Stimsonite, Model 300 "Temporary Overlay Marker" Hi-way Safety, Inc., Model 1280/1281 with Reflexite PC-1000 3M, Scotch-Lane A200 Pavement Marking System (4x12) Temporary pavement markers for short term dayhight use (14 days and less) at sf locations Davidson Plastics, TRPM (Standard) with Reflexite PC-1000, or (WZ) with F Davidson Plastics, "HH" (High Heat) TRPM (Standard) with Reflexite PC-1000, ( Stimsonite, Model 301 Chip Seal Marker with O.Yx4" Stimsonite Type lllC Sheeting Hi-way Safety, lnc., Model 1280/1281 with Reflexite PC-? 000 AC-1000 Sheeting AC-1000 Sheeting AC-1000 Sheeting e STRIPING AND PAVEMENT MARKING MATERIAL Permanent traffic striping and pavement marking tape For use on high and low volume roadways Advanced Traffic Marking, Series 300 and 400 Brite-Line, Series 1000 Swarco Industries, "Director" 3M, "Stamark" Series 380, A420, A440 and 5730 For use on low volume roadways only 3M, "Stamark" Series A320 Bisymmetric Preformed Thermoplastic Flint Trading, "Premark" Pavemark, "Hotape" e em ts 7/17/98 Contract No. 3268 Page 63 of 101 Pa Temporary removable striping and pavement marking tape Advanced Traffic Marking, ATM Series 206 Brite-Line, Series 100 3M "Stamark" Brand, Detour Grade, Series 571 0 Swarco Industries, "Director-2" Removable Traffic Paint Belpro, Series 250/253 and No. 93 Remover CLASS I DELINEATORS One-piece driveable flexible type (48") AI1 West Plastics, "Flexi-Guide 400" Carsonite, Curve-Flex CFRM-400 Carsonite, Roadmarker CRM-375 GreenLine Model HWDI-66 GreenLine Model CGDI-66 Special use flexible type (48") Carsonite, "Impactor" with 18" soil anchor Carsonite, "Survivor" with 18" U-Channel anchor Flexstake, H-D GreenLine HWD w/l8" soil anchor GreenLine CGD w/l8" soil anchor Polyform, Inc., "Vista-Flex" Safe-Hit, with 8" pavement anchor (SH248-GPR and SHAI-08-PI) Safe-Hit, with 15" soil anchor (SHA5-15C-GL) Safe-Hit, with 18 soil anchor (SH248-GPR and SHA No.-I 8C-PL) Surface mount flexible type (48") Carsonite, "Super Duck II" Flexstake, Surface Mount H-D CHANNELIZERS Surface mount type (36") Carsonite, "Super Duck" (Flat SDF-436, Round SDR-336) Carsonite, Super Duck II "The Channelize? Flexstake, Surface Mount H-D GreenLine SMD-36 Repo, Models 300 and 400 Safe-Hit, Guide Post, Model with glue down base (SH236SMA) The Line Connection, "Dura-Post" Model DP36-3C em cs 7/17/98 Contract No. 3268 Page 64 of 101 Pages TYPE "K" OBJECT MARKERS (18") Carsonite, Models SMD-615 and SMD 615-A Repo, Models 300 and 400 Safe-Hit, Model SH718SMA The Line Connection, Model "DP21-4K" (Vertical configuration only) a TYPE "K-4" OBJECT MARKERS (PP)(Traffic Manual Type "Q) Carsonite, Super Duck I1 Repo, Models 300 and 400 Safe-Hit, Models SH824SMA-WA and SH824GP3-WA The Line Connection, Model "DP21-4Q" CONCRETE BARRIER MARKERS (For use to the left of traffic.) lmpactable type All West Plastics, "Flexi-Guide 235" Duraflex Corp., "Flex 2020" Davidson Plastics, PCBM-12 Non-impactable type Astro-Optics, JD Series Stimsonite, Model 967 (with 3 114" Acrylic cube comer reflector) Stimsonite, Model 967LS (with Stimsonite Type lllC Sheeting) THRIE BEAM BARRIER MARKERS (For use to the left of traffic.) 0 Duraflex Corp., "Railrider" Davidson Plastics, "Mini" (3"xI 0") reflective element at 48".) All West Plastics "Flexi-Guide FG-122" Davidson Plastics , Model PCBM-16 Safe-Hit, Model SH216RBM traffic. Places reflective element at 48".) All West Plastics, "Flexi-Guide 327" Carsonite, Model 427 Safe-Hit, Model SH227GRD CONCRETE BARRIER DELINEATORS (16") (For use to the right of traffic. GUARD RAILING DELINEATORS, (27" Wood Post Type) (For use to the right 01 GUARD RAILING DELINEATORS, (27" Steel Post Type) (For use to the right 01 traffic. Places reflective element at 48".) Carsonite, Model CFGR-327 with CFGRBK300 Mounting Bracket e em %@ 7/17/98 Contract No. 3268 Page 65 of 101 PE REFLECTIVE SHEETING FOR CHANNELIZERS AND DELINEATORS 3M, High Intensity (Long Term) Reflexite, PC-I 000, Metalized Polycarbonate (Long Term) Reflexite, AC-1000, Acrylic (Long Term) Reflexite, AP-1000, Metalized Polyester (Short Term) Stimsonite, Series 4500 (For Carsonite CurveFlex and Roadmarker only) REFLECTIVE SHEETING FOR BARRICADES Type II Reflective Sign Sheeting (Engineer Grade) American Decal, Adcolite Avery Dennison, 1500/1600 Nikkalite (Formerly Seibulite), 81 00 Series 3M, Scotchlite REFLECTIVE SHEETING FOR TRAFFIC CONE SLEEVES Reflexite, "SB Vinyl, (Metalized) Reflexite, "TR" Semi-transparent REFLECTIVE SHEETING FOR BARRELS AND DRUMS Reflexite, "Super High Intensity" REFLECTIVE SHEETING FOR SIGNS TYPE IIA (Super Engineer Grade) Avery Dennison, "Fasign" 2500 Series Nikkalite "Super Engineer Grade," 1800 Series TYPE llIA (High Performance) 3M, High Intensity TYPE lllC (High Performance) Stimsonite, Series 4200 (Orange Only) For contractor furnished signs only Type IV Reflexite, Vinyl (Roll-Up Signs) SIGN SUBSTRATE FOR CONSTRUCTION AREA SIGNS Aluminum Fiberglass Reinforced Plastic (FRP) Sequentia, "Polyplate" Fiber-Brite e= p,s 7/17/98 Contract No. 3268 Page 66 of 101 Pages 10-1.03 TRANSPORTING MIXED CONCRETE. -The ninth and tenth paragraphs in 90-6.03, "Transporting Mixed Concrete," of the CALTRANS Standard Specifications are am6 Each load of ready-mixed concrete delivered at the jobsite shall be accompanied by showing the mix identification number, non-repeating load number, date and time at w materials were batched, the total amount of water (gallons) added to the load and for mixed concrete, the reading of the revolution counter at the time the truck mixer is char! cement. This ticket shall also show the actual scale weights (pounds) for the ingredients or the calculated portland cement concrete volume (cubic yards). Theoretical or targc weights shall not be used as a substitute for actual scale weights. When showing a cz portland cement concrete volume on the delivery ticket, the Contractor shall maintain a available a record of the following information for each batched load: I) read: 1. Mix identification number; specific to the contract. 2. Load number; shall match the load number on the delivery ticket. 3. Date and time the load was batched. 4. Actual batch weight (pounds) for each ingredient. 5. Any water (gallons) added at the plant, in addition to the water proportioned for the t When requested, the Contractor shall submit the recorded information for calculated I cement concrete volumes to the Engineer. The information shall be provided in printed fo acceptable to the Engineer, data may be submitted on a 3.5-inch diskette. If a dis submitted, the data shall be in a tab-delimited text format or data interchange forma readable in both the MS-DOS and MACINTOSH systems. 10-1.04 CEMENT AND WATER CONTENT.-Except for concrete listed below, all concrete ! designated as Class A and all concrete for use in structures shall contain not less than 615 of cement per cubic yard and shall be air-entrained as provided in Section 90-4, "Admixtures CALTRANS Standard Specifications. The air content at time of mixing and prior to placing 3 percent f one percent. @ 1. Paving concrete. 2. Concrete designated by 28-day compressive strength. 3. Concrete designated as Class D or by a cement content which exceeds 615 pou cubic yard. 4. Seal course concrete. 5. Concrete for roadway deck slabs of highway bridges. 6. Concrete for piling. Except for concrete for roadway deck slabs of highway bridges, the amount of free water concrete shall not exceed 340 pounds per cubic yard, plus 20 pounds for each required 100 of cement in excess of 615 pounds per cubic yard. The amount of free water used in concrete for roadway deck slabs of highway bridges SI exceed 335 pounds per cubic yard, plus 20 pounds for each required 100 pounds of cei excess of 658 pounds per cubic yard. 10-1.05 ORDER OF WORK.-Order of work shall conform to the provisions in Section "Order of Work," of the CALTRANS Standard Specifications and these special provisions. Access corridors, staging and storage areas shall be confined to the existing right of way. The Contractor shall place temporary railing (Type K) as shown on the plans before beginn work shown to be performed behind said railing. 0 e= rrs 7/17/98 Contract No. 3268 Page 67 of 101 Pa! No above ground signal and lighting work, except service equipment shall be performed until Contractor has all materials on hand to complete that particular lighting circuit or traffic signal. The uppermost layer of new pavement shall not be placed until all underlying conduits and I( detectors have been installed. Attention is directed to "Maintaining Traffic" and "Temporary Pavement Delineation" of these spec provisions and to the stage construction sheets of the plans. The work shall be performed in conformance with the stages of construction shown on the plar Nonconflicting work in subsequent stages may proceed concurrently with work in preceding stag provided satisfactory progress is maintained in said preceding stages of construction. In each stage, after completion of the preceding stage, the first order of work shall be the remova existing pavement delineation as directed by the Engineer. Pavement delineation removal shall coordinated with new delineation so that lane lines are provided at all times on traveled ways 01 to public traffic. Before obliterating any pavement delineation that is to be replaced on the same alignment i location, as determined by the Engineer, such pavement delineation shall be referenced by Contractor, with a sufficient number of control points to reestablish the alignment and location of new pavement delineation. The references shall also include the limits or changes in strip pattern, including one- and two-way barrier lines, limit lines, crosswalks and other pavem markings. Full compensation for referencing pavement delineation shall be considered as incluc in the contract prices paid for new pavement delineation and no additional compensation will allowed therefor. Construction of the new structural section adjacent to the existing traveled way shall be perfom in successive and, once all operations are under way, concurrent operations of excavatir preparing subgrade, placing base materials and paving. Excavation within 5 feet of the exist traveled way shall not precede the paving operation more than 3 working days unless: 1. approved in writing by the Engineer and; 2. material is placed and compacted against the vertical cuts within 5 feet of the exist traveled way. During excavation operations, native material may be used for t purpose, however, once the placing of the structural section commences, structL material shall be used. The material shall be placed to the level of the elevation of 1 top of existing pavement and tapered at a slope of 4:l or flatter to the bottom of 1 excavation. Treated base shall not be used for the taper. Full compensation for placi the material on a 4:l slope, regardless of the number of times it is required, a subsequent removing or reshaping of the material to the lines and grades shown on 1 plans shall be considered as included in the contract price paid for the materials involv and no additional compensation will be allowed therefor. No payment will be made material placed in excess of that required for the structural section. At the end of each working day if a difference in excess of 15-foot exists between the elevation the existing pavement and the elevation of any excavation within 5 feet left or 8 feet right of I traveled way, material shall be placed and compacted against the vertical cuts adjacent to t traveled way. During excavation operations, native material may be used for this purpose, howev once the placing of the structural section commences, structural material shall be used. T material shall be placed to the level of the elevation of the top of existing pavement and tapered a slope of 4:l or flatter to the bottom of the excavation. Treated base shall not be used for the tape e- +$ 7/17/98 Contract No. 3268 Page 68 of 101 Pages Full compensation for placing the material on a 4:l slope, regardless of the number of ti required, and subsequent removing or reshaping of the material to the lines and grades s the plans shall be considered as included in the contract price paid for the materials involve additional compensation will be allowed therefor. No payment will be made for material 1 excess of that required for the structural section. At locations exposed to public traffic where guard railings or barriers are to be con reconstructed, or removed and replaced, the Contractor shall schedule his operations so tt- end of each working day there shall be no post holes open nor shall there be any railing c posts installed without the blocks and rail elements assembled and mounted thereon. Some plants required for this project may not be readily available and may have to b specifically for this project. The Contractor shall furnish the Engineer with a statement vendor that the order for the plants to be grown for this contract, including inspection pk been received and accepted by said vendor. The statement shall be furnished within 30 d the contract has been approved. The statement from the vendor shall also include the namc and quantities of plants ordered and the anticipated dates of delivery. The Contractor shall notify the Engineer, in writing, when the vendor has started to grow the The Contractor shall furnish the Engineer with a statement from the vendor that the orde plants required for this contract, including inspection plants, has been received and accc said vendor. The statement shall be furnished not less than 60 days prior to planting the pk statement from said vendor shall also include the names, sizes, and quantities of plants ordc the anticipated date of delivery. The Contractor shall place orders for replacement plants at the appropriate time with the VI that roots of the replacement plants are not in a potbound condition. The Contractor shall furnish the Engineer with a statement from the vendor that the orde seed required for this contract has been received and accepted by said vendor. The statem be furnished not less than 60 days prior to applying seeds. The statement from said ven also include the names and quantity of seed ordered and the anticipated date of delivery. Attention is directed to the requirements specified under "Irrigation Systems Function, elsewhere in these special provisions, regarding time restrictions for planting operations. Attention is directed to the requirements specified under "Locate Existing Water Line Crc and Conduits," elsewhere in these special provisions, regarding the locating of existing facilities. Unless otherwise shown on the plans or specified in these special provisions, conduits to b or drilled for water line crossovers and sprinkler control crossovers shall be installed pric installation of other pipe supply lines. Attention is directed to the requirements specified under "Existing Highway Irrigation F elsewhere in these special provisions, regarding the checking of existing irrigation facilitie are to remain, prior to the start of any irrigation work. Clearing, grubbing and earthwork operations shall not be performed in areas where irrigation facilities are to remain, until such facilities have been checked for proper ope1 specified under "Highway Planting and Irrigation Systems," elsewhere in these special provii Existing conduits to be extended shall be located as specified under "Extend Irrigation Cro: elsewhere in these special provisions, prior to the start of other work in such areas. e e 1) em p,s 7/17/98 Contract No. 3268 Page 69 of 101 P Attention is directed to the requirements specified in Section 20-5.02'7B, "Wiring Plans l Diagrams," of the CALTRANS Standard Specifications, regarding submittal of working drawings. 10-1.06 WATER POLLUTION CONTROL.-Water pollution control work shall conform to requirements in Section 7-1.01 G, "Water Pollution," of the CALTRANS Standard Specifications, l these special provisions. Water pollution control work shall conform to the requirements in the Construction Contract Guide and Specifications of the Caltrans Storm Water Quality Handbooks, dated April 1997, i addenda thereto issued up to and including the date of advertisement of the project, herea referred to as the "Handbook." Copies of the Handbook may be obtained from the Departmen Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks DE Sacramento, California 9581 5, Telephone: (91 6) 445-3520. Copies of the Handbook are also available for review at Caltrans-District 1 1 ,, 2829 Juan Street, : Diego, CA 92186, Telephone: (619) 688-6699. The Contractor shall become fully informed of, and comply with the applicable provisions of Handbook and Federal, State and local regulations that govern the Contractor's operations a storm water discharges from both the project site and areas of disturbance outside the project lirr during construction. Unless arrangements for disturbance of areas outside the project limits are made by the Enginc and made part of the contract, it is expressly agreed that the Agency assumes no responsibility the Contractor or property owner whatsoever with respect to any arrangements made between 1 Contractor and property owner to allow disturbance of areas outside the project limits. The Contractor shall be responsible for the costs and for any liability imposed by law as a result the Contractor's failure to comply with the requirements set forth in this section "Water Polluti Control" including, but not limited to, compliance with the applicable provisions of the Handbook a Federal, State and local regulations. For the purposes of this paragraph, costs and liabilities inch but are not limited to fines, penalties and damages whether assessed against the City, State or t Contractor, including those levied under the Federal Clean Water Act and the State Porter Colog Water Quality Act. In addition to any remedy authorized by law, so much of the money due the Contractor under t contract that shall be considered necessary by the Engineer may be retained by the Agency UI disposition has been made of the costs and liabilities. The retention of money due the Contractor shall be subject to the following: 1. The Engineer will give the Contractor 30 days notice of its intention to retain funds fro any partial payment which may become due to the Contractor prior to acceptance of tt contract. Retention of funds from any payment made after acceptance of the contra may be made without prior notice to the Contractor. 2. No retention of additional amounts out of partial payments will be made if the amount be retained does not exceed the amount being withheld from partial payments pursua to Section 9-3, "Payment," of the Specifications. 3. If the Agency has retained funds and it is subsequently determined that the Agency is n subject to the costs and liabilities in connection with the matter for which the retentic was made, the Agency shall be liable for interest on the amount retained at the legal ra of interest for the period of the retention. e= %p 7/17/98 Contract No. 3268 Page 70 of 101 Pages Conformance with the requirements of this section "Water Pollution Control," shall not re1 Contractor from the Contractor's responsibilities, as provided in Section 7-1.1 1 , "Presen Property," and Section 7-1.12, "Responsibility for Damage," of the CALTRANS t * Specifications. WATER POLLUTION CONTROL PROGRAM PREPARATION, APPROVAL AND UPDAT part of the water pollution control work, a Water Pollution Control Program, hereafter referr the "WPCP," is required for this contract. The WPCP shall conform to the requirements in 7-1.01 G, "Water Pollution," of the CALTRANS Standard Specifications, the requiremenl Handbook, and these special provisions. No work having potential to cause water pollution, as determined by the Engineer, performed until the WPCP has been approved by the Engineer. Within 10 days after the approval of the contract, the Contractor shall submit 3 copies of thc to the Engineer. The Contractor shall allow 7 days for the Engineer to review the WI revisions are required, as determined by the Engineer, the Contractor shall revise and resu WPCP within 7 days of receipt of the Engineer's comments and shall allow 7 days for the t to review the revisions. Upon the Engineer's approval of the WPCP, 3 additional copie WPCP incorporating the required changes shall be submitted to the Engineer. Minor ch: clarifications to the initial submittal may be made and attached as amendments to the WI order to allow construction activities to proceed, the Engineer may conditionally approve thc while minor revisions or amendments are being completed. The objectives of the WPCP shall be to identify pollution sources that may adversely a quality of storm water discharges associated with the project and to identify, construct, in and maintain water pollution control measures, hereafter referred to as control measures, tc to the extent feasible pollutants in storm water discharges from the construction sit( construction under this contract. The WPCP shall incorporate control measures in the following categories: I) 1. Soil stabilization practices; 2. Sediment control practices; 3. Sediment tracking control practices; 4. Wind erosion control practices; and 5. Nonstorm water management and waste management and disposal control pract Specific objectives and minimum requirements for each category of control measures are cc in the Handbook. The Contractor shall consider the objectives and minimum requirements presented in the Hi for each of the above categories. When minimum requirements are listed for any catec Contractor shall incorporate into the WPCP and implement on the project, one or more of tl minimum controls required in order to meet the pollution control objectives for the categ addition, the Contractor shall consider other control measures presented in the Handbook i incorporate into the WPCP and implement on the project the control measures necessary the objectives of the WPCP. The Contractor shall document the selection process in acc with the procedure specified in the Handbook. @ em p,s 7/17/98 Contract No. 3268 Page 71 of 101 P: The Wpcp shall include, but not be limited to, the following items as described in the Handbook: 1. Project description and Contractor's certification; 2. Project information; 3. Pollution sources, control measures, and water pollution control drawings; and 4. Amendments, if any. The Contractor shall amend the WPCP, graphically and in narrative fonm, whenever there change in construction activities or operations which may affect the discharge of signific quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or w deemed necessary by the Engineer. The WPCP shall also be amended if the WPCP has achieved the objective of reducing pollutants in storm water discharges. Amendments shall SI additional control measures or revised operations, including those in areas not shown in the init approved WPCP, which are required on the project to control water pollutiori effectively. Amendments to the WPCP shall be submitted for review and approval by the Engineer in the si manner specified for the initially approved WPCP. Amendments shall be dated and attached to on-site WPCP document. The Contractor shall keep a copy of the WPCP, together with updates, revisions and amendmc at the project site. WPCP IMPLEMENTATION.-Upon approval of the WPCP, the Contractor shall be respons throughout the duration of the project for installing, constructing, inspecting and maintaining control measures included in the WPCP and any amendments thereto and for removing disposing of temporary control measures. Unless otherwise directed by the Engineer or specifie these special provisions, the Contractor's responsibility for WPCP implementation shall conti throughout any temporary suspension of work ordered in accordance with Section 8-1 "Temporary Suspension of Work," of the CALTRANS Standard Specifications. Requirements installation, construction, inspection, maintenance, removal and disposal of control measures specified in the Handbook and these special provisions. Soil stabilization practices and sediment control measures, including minimum requirements, s be provided throughout the winter season, defined as between November 15 and March 15. Implementation of soil stabilization practices and sediment control measures for soil-disturbed ar of the project site shall be completed, except as provided for below, no later than 20 days prio the beginning of the winter season or upon start of applicable construction activities for projf which begin either during or within 20 days of the winter season. Throughout the winter season, the active, soil-disturbed area of the project site shall be no rn than 0.5 acres. The Engineer may approve, on a case-by-case basis, expansions of the active, I disturbed area limit. The Contractor shall demonstrate the ability and preparedness to fully der soil stabilization practices and sediment control measures to protect soil-disturbed areas of project site before the onset of precipitation. The Contractor shall maintain a quantity of stabilization and sediment control materials on site equal to 100 percent of that sufficient to proi unprotected, soil-disturbed areas on the project site and shall maintain a detailed plan for mobilization of sufficient labor and equipment to fully deploy control measures required to proi unprotected, soil-disturbed areas on the project site prior to the onset of precipitation. - Contractor shall include a current inventory of control measure materials and the deta mobilization plan as part of the WPCP. em p,s 7/17/98 Contract No. 3268 Page 72 of 101 Pages Throughout the winter season, soil-disturbed areas of the project site shall be consider nonactive whenever soil disturbing activities are expected to be discontinued for a period more days and the areas are fully protected. Areas that will become nonactive either d winter season or within 20 days thereof shall be fully protected with soil stabilization prac sediment control measures within 10 days of the discontinuance of soil disturbing activitie! to the onset of precipitation, whichever is first to occur. Throughout the winter season, active soil-disturbed areas of the project site shall be fully 1 at the end of each day with soil stabilization practices and sediment control measures UI weather is predicted through the following work day. The weather forecast shall be mon the Contractor on a daily basis. The National Weather Service forecast shall be use alternative weather forecast proposed by the Contractor may be used if approved by the E If precipitation is predicted prior to the end of the following work day, construction schedu be modified, as required, and the Contractor shall deploy functioning control measures pri onset of the precipitation. The Contractor shall implement, year-round and throughout the duration of the projecl measures included in the WPCP for sediment tracking, wind erosion, nonstorm water man and waste management and disposal. The Engineer may order the suspension of construction operations which create water pc the Contractor fails to conform to the requirements of this section "Water Pollution Co determined by the Engineer. MAINTENANCE.-To ensure the proper implementation and functioning of control measi Contractor shall regularly inspect and maintain the construction site for the control n identified in the WPCP. The Contractor shall identify corrective actions and time frames to any deficient measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the Handbook shall be used to ensurc necessary measures are being properly implemented, and to ensure that the control meas functioning adequately. The Contractor shall submit one copy of each site inspection reco Engineer. During the winter season, inspections of the construction site shall be conducted by the CI to identify deficient measures, as follows: 0 0 1. Prior to a forecast storm; 2. After all precipitation which causes runoff capable of carrying sediment 1 construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every 2 weeks. If the Contractor or the Engineer identifies a deficiency in the deployment or functionir identified control measure, the deficiency shall be corrected by the Contractor immediately later date and time if requested by the Contractor and approved by the Engineer in writing later than the onset of subsequent precipitation events. The correction of deficiencies shall additional cost to the State. PAYMENT.-Full compensation for conforming to the requirements of this section considered as included in the prices paid for the various contract items of work involvec additional compensation will be allowed therefor. a e- %# 7/17/98 Contract No. 3268 Page 73 of 101 P Those control measures which are shown on the project plans and for which there is a contract ii of work will be measured and paid for as that item of work. The Engineer will retain an amount equal to 25 percent of the estimated value of the contract M performed during estimate periods in which the Contractor fails to conform to the requirement! this section "Water Pollution Control" as determined by the Engineer. Retentions for failure to conform to the requirements of this section "Water Pollution Control" s be in addition to the other retentions provided for in the contract. The amounts retained for failurc the Contractor to conform to the requirements of this section will be released for payment on next monthly estimate for partial payment following the date that a WPCP has been implemen and maintained, and water pollution is adequately controlled, as determined by the Engineer. 10-1.07 PRESERVATION OF PROPERTY.- Attention is directed to the provisions in Sea 7-1.1 1, "Preservation of Property," of the CALTRANS Standard Specifications and these spe provisions. Existing trees, shrubs and other plants, that are not to be removed as shown on the plans specified elsewhere in these special provisions, and are injured or damaged by reason of Contractor's operations, shall be replaced by the Contractor. The minimum size of tree replacemi shall be 36 inch box and the minimum size of shrub replacement shall be 15-gallon. Replacemc ground cover plants shall be from flats and shall be planted 12 inches on center. Replacement Carpobrotus ground cover plants shall be from cuttings and shall be planted 12 inches on centr Replacement planting shall conform to the requirements in Section 20-4.07, "Replacement," of 1 CALTRANS Standard Specifications. Damaged or injured plants shall be removed and disposed of outside the highway right of way accordance with the provisions in Section 7-1.13 of the CALTRANS Standard Specifications. At 1 option of the Contractor, removed trees and shrubs may be reduced to chips. The chipped mater shall be spread within the highway right of way at locations designated by the Engineer. Replacement planting of injured or damaged trees, shrubs and other plants shall be completed pr to the start of the plant establishment period and shall conform to the provisions in Section 20-4.1 "Planting," of the CALTRANS Standard Specifications. Replacement planting of injured or damaged trees, shrubs and other plants shall be completed r less than 20 working days prior to acceptance of the contract. Replacement plants shall be water as necessary to maintain the plants in a healthy condition. 104.08 DAMAGE REPAIR.- Attention is directed to the provisions in Sections 7-1.1 "Contractor's Responsibility for the Work and Materials," and 7-1.1 65, "Damage by Storm, Floa Tidal Wave or Earthquake," of the CALTRANS Standard Specifications and these spec provisions. Damage to slopes or other existing facilities occurring prior to the performance of the work providc for in this contract shall be repaired or reconstructed by the Contractor, as directed by the Enginef This work will be paid for as extra work as provided in Section 4-1.03D of the? CALTRANS Standa Specifications. Storm damage caused by a change in the runoff pattern from that which existed on the day ti Notice to Contractors for this project is dated and was the result of work by others within the right way shall be repaired as directed by the Engineer. The total cost of ordered repair work will be pa for as extra work as provided in Section 4-1.03D of the CALTRANS Standard Specifications. em ts 7/17/98 Contract No. 3268 Page 74 of 101 Pages Damage to slopes or other facilities occurring after start of work and before start establishment period shall be repaired or reconstructed by the Contractor as provided in 7-1 .I 6 of the CALTRANS Standard Specifications. Damage to slopes, plants, irrigation systems and other highway facilities occurring as a resL during the plant establishment period shall be repaired by the Contractor, when directec Engineer. The cost of the repairs which exceed the accumulated sum of $2000 will t: equally by the State and the Contractor. The division of cost will be made by determining th repairs in accordance with the provisions in Section 9-1.03, "Force Account Payment, CALTRANS Standard Specifications, and paying to the Contractor one-half of the co! exceeds the sum of $2000. When as a result of freezing conditions (as defined herein) during the plant establishmen plants have died or, in the opinion of the Engineer, have deteriorated to a point beyond wt will not mature as typical examples of their species, the Engineer may direct replacemei affected plants. The total cost of ordered plant replacement work will be paid for as extra provided in Section 4-1.03D of the CALTRANS Standard Specifications. A freezing cond the purpose of this specification, occurs when the temperature at or near the affected area t officially recorded below 32" F. and plants have been killed or damaged to the degree d above. When, as a result of drought conditions (as defined herein) during the plant establishmen plants have died or, in the opinion of the Engineer, have deteriorated to a point beyond wF will not mature as typical examples of their species, the Engineer may direct replacemer affected plants. The total cost of ordered plant replacements, after water has been rest stopped, will be paid for as extra work as provided in Section 4-1.03D of the CALTRANS 5 Specifications. Any restriction or shutoff of available water shall not relieve the Contrac performing other contract work. A drought condition occurs when the Department, or its restricts or stops delivery of water to the Contractor to the degree that plants have deteriorated as described above. When the provisions in Section 7-1.165, "Damage by Storm, Flood, Tidal Wave or Earthqi the CALTRANS Standard Specifications, are applicable, the provisions above for payment for repair of damage due to rain, freezing conditions and drought shall not apply. 10-1.09 RELIEF FROM MAINTENANCE AND RESPONSIBILITY.- The Contractor relieved of the duty of maintenance and protection for those items not directly connected n establishment work, except highway planting and irrigation systems in accordance \ provisions in Section 7-1.15, "Relief From Maintenance and Responsibility," of the CAI Standard Specifications. 10-1 .I 0 OBSTRUCTIONS.--Attention is directed to Sections 8-1.10, "Utility and Non-l Facilities," and 15, "Existing Highway Facilities," of the CALTRANS Standard Specificatil these special provisions. The Contractor shall notify the Engineer and the appropriate regional notification ce operators of subsurface installations at least 2 working days, but not more than 14 calend prior to performing any excavation or other work close to any underground pipeline, condi wire or other structure. Regional notification centers include but are not limited to the followi 0 @ a ew ts 7/17/98 Contract No. 3268 Page 75 of 101 Pi Notification Center Underground Service Alert-Northern California (USA) Underground Service Alert-Southern California (USA) 1 Telephone Number 1-800-642-2444 1-800&2-4133 All traffic cones used for night lane closures shall have reflective cone sleeves as specific specifications. The second and third paragraphs of Section 12-3.10, "Traffic Cones," of the CALTRANS Stz Specifications are amended to read: During the hours of darkness traffic cones shall be affixed with reflective cone sleeve reflective sheeting of sleeves on the traffic cones shall be visible at 1,000 feet at nigl illumination of legal high beam headlights, by persons with vision of or corrected to 20120. Reflective cone sleeves shall conform to the following: 1. Removable flexible reflective cone sleeves shall be fabricated from the I sheeting specified in the special provisions, have a minimum height of 13 inc shall be placed a maximum of 3 inches from the top of the cone. The sleeb not be in place during daylight hours. 2. Permanently affixed semitransparent reflective cone sleeves shall be fabrical the semitransparent reflective sheeting specified in the special provisions, minimum height of 13 inches, and shall be placed a maximum of 3 inches 1 top of the cone. Traffic cones with semitransparent reflective cone sleeves used during daylight hours. 3. Permanently affixed double band reflective cone sleeves shall have 2 white ri bands. The top band shall be 6 inches in height, placed a maximum of 4 inct the top of the cone. The lower band shall be 4 inches in height, placed : below the bottom of the top band. Traffic cones with double band reflect1 sleeves may be used during daylight hours. @ The type of reflective cone sleeve used shall be at the option of the Contractor. Only one reflective cone sleeve shall be used on the project. The C16 and C?7 designations of the signs shown on the detail "Entrance Ramp Without Pockets" of Standard Plan TI4 are amended to designate the signs as R16 and R17, respec Lane closures shall conform to the provisions in the section of these special provisions "Traffic Control System for Lane Closure." Where portable delineators, cones or Type I or II barricades are specified in the specifica shown on the plans, plastic drum channelization devices may be used in place of those 1 delineators, cones or Type I or II barricades. In addition to the provisions set forth in "Public Safety" elsewhere in these special pro whenever work to be performed on the freeway traveled way (except the work of in maintaining, and removing traffic control devices) is within 6 feet of the adjacent traffic Is adjacent traffic lane shall be closed. Personal vehicles of the Contractor's employees shall not be parked within the right of way, The Contractor shall notify local authorities of his intent to begin work at least 5 days before begun. The Contractor shall cooperate with the Engineer relative to handling traffic throi area and shall make his own arrangements relative to keeping the working area clear of vehicles. Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic la shoulder area shall be closed as shown on the plans. @ a 4- ts 7/17/98 Contract No. 3268 Page 77 of 101 Pa! The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays i designated City of Carlsbad legal holidays, after 3:OO p.m. on Fridays and the day precec designated legal holidays, and when construction operations are not actively in progress. Minor deviations from the requirements of this section concerning hours of work which do significantly change the cost of the work may be permitted upon the written request of Contractor if in the opinion of the Engineer public traffic will be better served and the w expedited. Such deviations shall not be adopted until the Engineer has indicated his wril approval. All other modifications will be made by contract change order. Pedestrian access facilities shall be provided through construction areas within the right of way shown on the plans and as specified herein. Pedestrian walkways shall be provided with surfac of asphalt concrete, portland cement concrete or limber. Surface shall be skid resistant and fret irregularities. Hand railings shall be provided on each side of pedestrian walkways as necessaq protect pedestrian traffic from hazards due to construction operations or adjacent vehicular trafl Protective overhead covering shall be provided as necessary to insure protection from fall objects. Railings shall be constructed of wood, S4S, and shall be painted white. Railings and walkways SI be maintained in good condition by the Contractor. Walkways shall be kept clear of obstructions. Full compensation for providing said pedestrian facilities shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will allowed therefor. PAYMENT.-The contract lump sum price paid for traffic control system shall include compensation for furnishing all labor (except for flagging costs), materials (including signs), to( equipment and incidentals, and for doing all the work involved in placing, removing, stori maintaining, moving to new locations, replacing and disposing of the components of the tra control system and for furnishing and operating the pilot car, (including driver, radios, and any otl equipment and labor required), as shown on the plans, as specified in the CALTRANS Standi Specifications and these special provisions, and as directed by the Engineer. Flagging costs will paid for as provided in Section 12-2.02, "Flagging Costs," of the CALTRANS Standi Specifications. The adjustment provisions in Section 3, "Changes in Work," of the Specifications, shall not apply the item of traffic control system. Adjustments in compensation for traffic control system will made only for increased or decreased traffic control system required by changes ordered by 1 Engineer and will be made on the basis of the cost of the increased or decreased traffic con1 necessary. Such adjustment will be made on a force account basis as provided in Section 3-3 Ex Work of These Specifications for increased work, and estimated on the sarne basis in the case decreased work. Traffic control system required by work which is classed as extra work, as provided in Secti 4-1.03D of the CALTRANS Standard Specifications, will be paid for as a part of the extra work. 10-1 .I4 TEMPORARY PAVEMENT DELINEATION.--Temporary pavement delineation shall furnished, placed, maintained and removed in accordance with the provisions in Section 12-3.( "General," of the CALTRANS Standard Specifications and these special iprovisions. Nothing these special provisions shall be construed as to reduce the minimum standards specified in 1 Manual of Traffic Controls published by the Department or as relieving the Contractor from t responsibilities specified in Section 7-1.09, "Public Safety," of the CALTRANS Stand; Specifications. 4- $@ 7/17/98 Contract No. 3268 Page 78 of 101 Pages GENERAL.-Whenever the work causes obliteration of pavement delineation, tempc permanent pavement delineation shall be in place prior to opening the traveled way to pub1 Laneline or centerline pavement delineation shall be provided at all times for traveled ways public traffic. On multilane roadways (freeways and expressways) edgeline delineation provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of te pavement delineation shall be performed by the Contractor. Surfaces to receive te pavement delineation shall be dry and free of dirt and loose material. Temporary pi delineation shall not be applied over existing pavement delineation or other temporary pi delineation. Temporary pavement delineation shall be maintained until superseded or repla a new pattern of temporary pavement delineation or permanent pavement delineation. Temporary pavement markers applied to the final layer of surfacing or existing pavement tc in place or which conflicts with a subsequent or new traffic pattern for the area shall be I when no longer required for the direction of public traffic, as determined by the Engineer. TEMPORARY TRAFFIC STRIPE (PAINT).-Temporary traffic stripe consisting of painte stripe shall be applied and maintained at the locations shown on the plans. The painted te traffic stripe shall be complete in place at the location shown, prior to opening the travelec public traffic. Removal of painted temporary traffic stripe will not be required. Temporary painted traffic stripe shall conform to "Paint Traffic Stripes and Pavement Mark these special provisions, except for payment and the number of coats shall be, at the optic Contractor, either one or 2 coats regardless of whether on new or existing pavement. At the Contractor's option, temporary removable striping tape listed in "Prequalified and Signing and Delineation Materials" elsewhere in these special provisions may be used in painted temporary traffic stripes. When traffic stripe tape is used in place of painted te traffic stripes, the tape will be measured and paid for as temporary traffic stripe (paint). When painted traffic stripe is specified for temporary left edgeline delineation, temporary r pavement markers placed at longitudinal intervals of not more than 6 feet may be used in the temporary painted traffic stripe. Temporary reflective pavement markers shall be on types of temporary pavement markers listed for long term day/night use (6 months or "Prequalified and Tested Signing and Delineation Materials" elsewhere in these special pro When temporary reflective pavement markers are used in place of temporary painted traffi payment for those temporary pavement markers will be made on the basis of the thc quantity of temporary traffic stripe (paint), required for the left edgeline the temporary p: markers replace. TEMPORARY PAVEMENT MARKERS.--Temporary pavement markers shall be appliec locations shown on the plans. The pavement markers shall be applied complete in plac location shown, prior to opening the traveled way to public traffic. Temporary pavement markers shown on the plans shall be, at the option of the Contractor the temporary reflective pavement markers for long term dayhight use (6 months or less) "Prequalified and Tested Signing and Delineation Materials" elsewhere in these special provi Temporary pavement markers shall be placed in accordance with the manufacturer's ins1 and shall be cemented to the surfacing with the adhesive recommended by the manu except epoxy adhesive shall not be used in areas where removal of the pavement marker: @ 0 e required. em GS 7/17/98 Contract No. 3268 Page 79 of 101 Pz Where the temporary pavement delineation shown on the plans for lanelines or centerlines cons entirely of a pattern of broken traffic stripe and pavement markers, the Coritractor may use gro of the temporary reflective pavement markers for Bong term dayhight use (6 months or less) liste "Prequalified and Tested Signing and Delineation Materials" elsewhere in these special provisic in place of the temporary traffic stripe tape or painted temporary traffic stripe. The group: pavement markers shall be spaced as shown on the plans for a similar pattern of permanent trz line, except pavement markers shown to be placed in the gap between the broken traffic stripe s be placed as part of the group to delineate the pattern of broken temporary traffic stripe. The kinc laneline and centerline delineation selected by the Contractor shall be continuous within a gi location. Payment for temporary pavement markers used in place of temporary traffic stripe will made on the basis of the theoretical quantities of temporary traffic stripe (tape), temporary trz stripe (paint) and temporary pavement markers required for the pattern the pavement mark replace. Reflective pavement markers conforming to the requirements of "Pavement Markers" of thc special provisions may be used in place of temporary reflective pavemenu markers for long tc dayhight use (6 months or less) except at locations to simulate patterns of broken traffic striF Placement of the reflective pavement markers used for temporary pavement markers shall confc to said section "Pavement Markers" of these special provisions except; the waiting per requirements before placing the pavement markers on new asphalt concrete surfacing as specii in Section 85-1.06, "Placement," of the CALTRANS Standard Specifications shall not apply : epoxy adhesive shall not be used to place pavement markers in areas where removal of pavement markers will be required. MEASUREMENT AND PAYMENT.-Temporary traffic stripe (tape) will be measured and paid for the linear foot, measured along the line of the stripe, with deductions for gaps in broken tra stripes. Double and 8-inch temporary traffic stripes, shown on the plans as tape, will be measui as 2 temporary traffic stripes (tape). Temporary pavement marking (tape) will be measured i paid for by the square foot for actual area of the pavement marking that receives tape.37 Temporary traffic stripe (paint) will be measured and paid for in the same manner as specified paint traffic stripe (1 -coat) and paint pavement marking (1 -coat) specified in Section 84-3.1 "Measurement," and Section 84-3.07, "Payment," of the CALTRANS Standard Specifications. Temporary pavement markers, shown on the plans, will be measured and paid for as units in q same manner specified for reflective pavement markers as provided in Section 85-1.1 "Measurement," and Section 85-1.09, "Payment," of the CALTRANS Standard Specification Temporary pavement markers, used for temporary laneline and centerline delineation for arc which are not shown on the plans will not be included in the quantities of temporary pavemc markers to be paid for. Full compensation for removing temporary pavement markers, when longer required, shall be considered as included in the contract unit price paid for tempori pavement marker and no separate payment will be made therefor. 10-1 .I 5 BARRICADES.--Barricades shall be furnished, placed, and maintained at the locatic designated by the Engineer, shown on the plans, or specified and shall conform to the provisions Section 12, "Construction Area Traffic Control Devices," of the CALTRANS Standard Specificatic and these special provisions. Type II reflective sheeting for stripes on barricade rail faces shall conform to the requiremei specified under "Prequalified and Tested Signing and Delineation Materials," elsewhere in the special provisions. em aS 7/17/98 Contract No. 3268 Page 80 of 101 Pages Construction area sign and marker panels conforming to the requirements in Section "Construction Area Signs," of the CALTRANS Standard Specifications shall be inst barricades as directed by the Engineer at the locations shown on the plans. Sign panels for construction area signs and marker panels installed on barricades shall cc the requirements of sign panels for stationary mounted signs in Section 12-3.06A, "S Mounted Signs," of the CALTRANS Standard Specifications. Full compensation for furnishing, installing, maintaining, and removing construction area s markers on barricades shall be considered as included in the contract unit price or prices the type or types of barricade and no separate payment will be made therefor. Barricades shown on the plans as part of a traffic control system will be paid for as prc "Traffic Control System for Lane Closure," elsewhere in these special provisions, and wi included in counts for payment for barricades. 10-1.16 TEMPORARY RAILING.-Temporary railing (Type K) shall be placed at the shown on the plans, specified in these special provisions or in the CALTRANS !- Specifications or ordered by the Engineer, and shall conform to the provisions in Sec "Construction Area Traffic Control Devices," of the CALTRANS Standard Specifications ai special provisions. Temporary railing (Type K) fabricated prior to January 1, 1993, with one longitudini reinforcing steel bar near the top in lieu of the 2 longitudinal No. 5 reinforcing steel bars I top, as shown on the plans, may be used. The Contractor's attention is directed to the provisions in "Public Safety" and "Order c elsewhere in these special provisions. Temporary railing (Type K) placed in accordance with the provisions in "Public Safety" else1 these special provisions will not be measured nor paid for. 10-1.17 TEMPORARY CRASH CUSHION MODULE.-This work shall consist of fu installing and maintaining sand filled temporary crash cushion modules in groupings or i each location shown on the plans, specified in the special provisions or directed by the Er The grouping or array of sand filled modules shall form a complete sand filled tempora cushion in accordance with the details shown on the plans and these special provisions. Attention is directed to "Public Safety" and "Temporary Railing" of these special provisions. GENERAL.--Whenever the work or the Contractor's operations establishes a fixed obsta exposed fixed obstacle shall be protected with a sand filled temporary crash cushion. TI filled temporary crash cushion shall be in place prior to opening the lanes adjacent to tl obstacle to public traffic. 0 0 e em w 7/17/98 Contract No. 3268 Page 81 of 101 Pa Sand filled temporary crash cushions shall be maintained in place at each location, including tin when work is not actively in progress. Sand filled temporary crash cushions may be removed dur a work period for access to the work provided that the exposed fixed obstacle is 15 feet or mi from a lane carrying public traffic and the temporary crash cushion is reset to protect the obsta prior to the end of the work period in which the fixed obstacle was exposed. When no ion! required, as determined by the Engineer, sand filled temporary crash cushions shall be rema from the site of the work. MATERIALS.-At the Contractor's option, the modules for use in sand filled temporary cri cushions shall be either of the following types or equal: Energite Inertial Modules Manufacturer: Distributor(Northern): Energy Absorption Traffic Control Service, Systems, Inc. Inc. One East Wacker Drive 8585 Thys Court Chicago, IL 60601-2076 Sacramento, CA 95828 Telephone (312) 467- Telephone (800) 6750 884-8274 FAX (916) 387-9734 Distributor(S0uthern): Traffic Control Service, Inc. 1881 Betmor Lane Anaheim, CA 92805 Telephone (800) 222-8274 or Fitch Inertial Modules National Distributor: Distributor: Roadway Safety Service, Singletree Sales lnc. Company 700-3 Union Parkway 1533 Berger Drive Ronkonkoma, NY 11779 San Jose, CA 951 12 Telephone (800) 822-7735 Modules contained in each temporary crash cushion shall be of the same type at each locatioi The color of the modules shall be the standard yellow color as furnished by the vendor, with bla lids. The modules shall exhibit good workmanship free from structural flaws and objectionat surface defects. The modules need not be new. Good used undamaged irnodules conforming color and quality of the types specified above may be utilized. If used Fitch modules requiring seal are furnished, the top edge of the seal shall be securely fastened to the iwall of the module tq continuous strip of heavy duty tape. e= ts 7/17/98 Contract No. 3268 Page 82 of 101 Pages Modules shall be filled with sand in accordance with the manufacturer's directions, and to capacity in pounds for each module as shown on the plans. Sand for filling the modules clean washed concrete sand of commercial quality. At the time of placing in the modules, shall contain not more than 7 percent water, as determined by California Test 226. Modules damaged due to the Contractor's operations shall be repaired immediately Contractor at his expense. Modules damaged beyond repair, as determined by the Engin to the Contractor's operations shall be removed and replaced by the Contractor at his exper INSTALLATION.-Temporary crash cushion modules shall be placed on movable pallets o conforming to the dimensions shown on the plans. The pallets or frames shall provide a ful base beneath the modules. The modules and supporting pallets or frames shall not be n sliding or skidding along the pavement or bridge deck. A Type R or P marker panel shall be attached to the front of the crash cushion as show plans, when the closest point of crash cushion array is within 12 feet of the traveled w4 marker panel, when required, shall be firmly fastened to the crash cushion with commercii hardware or by other methods approved by the Engineer. At the completion of the project, temporary crash cushion modules, sand filling, pallets or and marker panels shall become the property of the Contractor and shall be removed fror of the work. Temporary crash cushion modules shall not be installed in permanent work. MEASUREMENT AND PAYMENT.-Temporary crash cushion modules will be measurec unit determined from the actual count of modules used in the work or ordered by the En! each location. Temporary crash cushion modules placed in accordance with the prov "Public Safety" elsewhere in these special provisions and modules placed in excess of the specified or shown will not be measured nor paid for. Repairing modules damaged by public traffic will be paid for as extra work as provided in 4-1.03D of the CALTRANS Standard Specifications. Modules damaged beyond repair t traffic, when ordered by the Engineer, shall be removed and replaced immediately Contractor. Modules replaced due to damage by public traffic will be measured and pa temporary crash cushion module. If the Engineer orders a lateral move of sand filled temporary crash cushions and the repc is not shown on the plans, moving the sand filled temporary crash cushion will be paid for work as provided in Section 4-1.03D of the CALTRANS Standard Specifications and such te crash cushion modules will not be counted for payment in the new position. The contract unit price paid for temporary crash cushion module shall include full compens furnishing all labor, materials (including sand, pallets or frames and marker panels equipment and incidentals, and for doing all work involved in furnishing, installing, mai moving and resetting during a work period for access to the work, and removing from the si work when no longer required (including those damaged by public traffic) the sand filled te crash cushion modules, complete in place, as shown on the plans, as specified in thesc provisions and as directed by the Engineer. 0 a em tS 7/17/98 Contract No. 3268 Page 83 of 101 Pi 10-1 .I 8 EXISTING HIGHWAY FACILITIES.-The work performed in connection with vari existing highway facilities shall conform to the provisions in Section 15, "Existing Highway Facilitic of the CALTRANS Standard Specifications and these special provisions. Except as otherwise provided for damaged materials in Section 15-2.04, "Salvage," of CALTRANS Standard Specifications, the materials to be salvaged shall remain the property of State, and shall be cleaned, packaged, bundled, tagged, and hauled to the District recycle cente 11900 Singer Lane, Spring Valley, CA 91978 and stockpiled. The Contractor shall notify the Engineer and the District Recycle Coordinator, teiephone (61 9),6 2539 a minimum of 48 hours prior to hauling salvaged material to the Recycle Center. Plans of the existing bridges are available for inspection at the following offices of the Departmen Transportation: Office of Structure Maintenance and Investigations, Sacramento, California, Telephone (9 Office of Structure Maintenance and Investigations, Los Angeles, California, Telephone (2 Plans of existing bridges available at the above locations are original contract plans with signific; changes noted and working drawings and do not necessarily show normal construction toleranc and variances. Where dimensions of new construction required by this contract are dependent the dimensions of existing bridges, the Contractor shall verify the controlling field dimensions a shall be responsible for adjusting dimensions of the work to fit existing conditions. 10-1.18A REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS-Traffic stripes a pavement markings to be removed will be designated by the Engineer. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings or removal of objectionable material, and such removal operation is being performed within 10 feet 0 lane occupied by public traffic, the residue including dust shall be removed immediately after conti between the sand and the surface being treated. Such removal shall be by a vacuum attachmt operating concurrently with the blast cleaning operation. Nothing in these special provisions shall relieve the Contractor from his responsibilities as provid in Section 7-1.09, "Public Safety," of the CALTRANS Standard Specifications. Existing traffic stripe and pavement markings may be paint, pavement tape or thermoplastic. 10-1.188 REMOVE DRAINAGE FACILITIES.-Existing culverts and inlets where shown on tl plans to be removed, shall be completely removed and disposed of. 10-1 .I 8C REMOVE PAVEMENT MARKERS.--Existing pavement markers, when no long required for traffic lane delineation as directed by the Engineer, shall be removed and disposed of. Full compensation for removing and disposing of pavement markers shall be considered as includc in the contract price paid per ton for asphalt concrete (Type B) and no separate payment will t made therefor. 227-8786. 620-381 2. 4- tS 7/17/98 Contract No. 3268 Page 84 of 101 Pages 10-1.1 8D SALVAGE SIGN STRUCTURES.-Sign structure salvage and removal shall c removing posts, frames, portions of foundations, sign panels, and sign lighting electrical equ A sign structure shall not be removed and salvaged until said structure is no longer require direction of public traffic. Concrete foundations may be abandoned in place, except salvage sign structures that portion, including anchor bolts, reinforcing steel, and conduits shall be removed to depth of than 2 feet below the adjacent finished grade. The resulting holes shall be backfilled and co with material equivalent to the surrounding material. Existing sign panel shall be relocated to new sign structure as shown on the plans. Electrical wiring shall be removed to the nearest pull box. Electrical equipment, as shown on the plans, shall be salvaged. The contract unit price paid each for salvage sign structure shall include full compens furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work in1 salvaging sign structure (except sign panel where cost to relocate shall be included in the unit price paid for in Section 10-1.23 "Sign Structures," of these special provisions) con place, as shown on the plans as specified in these special provisions and as directec Engineer. 10-1.18E RESET ROADSIDE SIGNS.-Existing roadside signs shall be removed and shown on the plans. Each roadside sign shall be reset on the same day said sign is removed. Two holes shall be drilled in each existing post as required to provide a breakaway feature a on the plans. 10-1 .I 8F COLD PLANE ASPHALT CONCRETE PAVEMENT.-Existing asphalt pavement shall be cold planed at the locations and to the dimensions shown on the plans. Planing asphalt concrete pavement shall be performed by the cold planing method. Planir asphalt concrete pavement shall not be done by the heater planing method. Cold planing machines shall be equipped with a cutter head not less than 30 inches in w shall be operated so as not to produce fumes or smoke. The cold planing machine shall be of planing the pavement without requiring the use of a heating device to soften the pavemei or prior to the planing operation. The depth, width and shape of the cut shall be as indicated on the typical cross sectioi directed by the Engineer. The final cut shall result in a uniform surface conforming to th cross sections. The outside lines of the planed area shall be neat and uniform. Planinc concrete pavement operations shall be performed without damage to the surfacing to r( place. * e a *w t9 7/17/98 Contract No. 3268 Page 85 of 101 Pi Planed widths of pavement shall be continuous except for intersections at cross streets where planing shall be carried around the comers and through the conform lines. Following plar operations, a drop-off of more than 0.15-foot will not be allowed at any time between adjacent la open to public traffic. Where transverse joints are planed in the pavement at conform lines no drop-off shall ren between the existing pavement and the planed area when the pavement is opened to public traf If asphalt concrete has not been placed to the level of existing pavement before the pavement i be opened to public traffic a temporary asphalt concrete taper shall be constructed. Asp concrete for temporary tapers shall be placed to the level of the existing pavement and tapered c slope of 30:l or flatter to the level of the planed area. Asphalt concrete for temporary tapers shall be commercial quality and may be spread I compacted by any method that will produce a smooth riding surface. Temporary asphalt conci tapers shall be completely removed, including the removal of all loose material from the underll surface, before placing the permanent surfacing. Such removed material shall be disposec outside the highway right of way in accordance with the provisions in Section 7-1.13 of CALTRANS Standard Specifications. Operations shall be scheduled such that not more than 7 days shall elapse between the time wt transverse joints are planed in the pavement at the conform lines and the permanent surfacins placed at such conform lines. The material planed from the roadway surface, including material deposited in existing gutters or the adjacent traveled way, shall be removed and disposed of outside the highway right of way accordance with the provisions in Section 7-1.13 of the CALTRANS Standard Specification Removal operations of cold planed material shall be concurrent with planing operations and foll within 50 feet of the planer, unless otherwise directed by the Engineer. Cold plane asphalt concrete pavement will be measured by the square yard. The quantity to paid for will be the actual area of surface cold planed irrespective of the number of passes requii to obtain the depth shown on the plans. The contract price paid per square yard for cold plane asphalt concrete pavement shall include compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing work involved in cold planing asphalt concrete surfacing and disposing of planed material, includi furnishing the asphalt concrete for and constructing, maintaining, removing, and disposing temporary asphalt concrete tapers, as specified in these special provisions and as directed by 1 Engineer. 10-1 .I9 EARTHWORK.-Earthwork shall conform to the provisions in Section 19, "Earthwork," the CALTRANS Standard Specifications and these special provisions. The existing soils along the slopes at the abutments shall be removed to a depth of at least 1.0-fc below the existing ground surface. The excavated soils, except those containing objectionat amounts of organic material and debris, may be placed as compacted fill. em ts 7/17/98 Contract No. 3268 Page 86 of 101 Pages Where a portion of existing surfacing is to be removed, the outline of the area to be remov be cut on a neat line with a powerdriven saw to a minimum depth of 0.17-foot before rem0 surfacing. Full compensation for cutting existing surfacing shall be considered as include contract price paid per cubic yard for roadway excavation and no additional compensatior allowed therefor. The portion of imported borrow placed within 4 feet of the finished grade shall have a Re (R-value) of not less than u. Imported borrow will be measured and paid for by the cubic yard and the quantity to be paic be computed in the following manner: The total quantity of embankment will be computed by the method specified for roadway exi in Section 19-2.08, "Measurement," of the CALTRANS Standard Specifications, on the bas planned or authorized cross section for embankments as shown on the plans and the m ground surface. The quantities of roadway excavation, structure excavation and ditch excavation, which ha used in the embankment, will be adjusted by multiplying by a grading factor to be determine field by the Engineer. No further adjustment will be made in the event that the gradin determined by the Engineer does not equal the actual grading factor. The quantity of imported borrow to be paid for will be that quantity remaining after deduc adjusted quantities of excavation from the total embankment quantity and then adding a qu 100 cubic yards for the anticipated effect of subsidence. No adjustment will be made in tt that the anticipated subsidence does not equal the actual subsidence. The Contractor may propose a plan whereby he would be paid on the basis of measured se in lieu of the allowance specified above. Such proposal shall include complete detail: subsidence-measuring devices and a detailed plan of each installation. If the proposed approved by the Engineer, the Contractor, at his expense, shall provide, install and main said subsidence-measuring devices. The Engineer will take such readings as are necei determine the progress of subsidence, if any, and the Contractor shall provide such assistan necessary to make possible all such readings. Any installed device which is determined by the Engineer to have been damaged will not be the determination of subsidence for the area it represents in the pattern of approved instal The subsidence of all of the area as determined to be represented by that installation considered as zero, regardless of the subsidence measured at other installations. The volumes required as a result of the subsidence will be computed from the measurements and the final measurements, including zero subsidence at all points and for i as provided herein, by the average-end-area method. It shall be understood and agreed subsidence at the point of intersection of the side slopes (and end slopes at structures) ground line as established by the original cross sections shall be considered as zero. otherwise agreed to by the Engineer, the subsidence shall be considered as zero at the p the cross sections 50 feet beyond the beginning and ending of the instrumented are, computed volumes for such subsidence will be added to the quantities of embankment meas specified herein. Detachable elements of the subsidence-measuring devices which can be salvaged without to the work shall remain the property of the Contractor and shall be removed by him from the way after all final measurements are made. 1) a @ em r,s 7/17/98 Contract No. 3268 Page 87 of 101 Pz 10-1 20 FINISHING ROADWAY.-Finishing roadway shall conform to the provisions in Section "Finishing Roadway," of the CALTRANS Standard Specifications. 10-1.21 AGGREGATE BASE.-Aggregate base shall be Class 2 and shall conform to provisions in Section 26, "Aggregate Bases," of the CALTRANS Standard Specifications and th special provisions. The first paragraph of Section 26-1.02A, "Class 2 Aggregate Base," of the CALTRANS Stanc Specifications is amended by adding the following sentences: Aggregate may include or consist of material processed from reclaimed asphalt concrete, port1 cement concrete, lean concrete base, cement treated base, glass or a combination of any of th materials. Aggregate base incorporating reclaimed glass shall not be placed at locations wt surfacing will not be placed over the aggregate base. The fourth paragraph in said Section 26-1 .ON, is amended by adding the following sentence: Untreated reclaimed asphalt concrete and portland cement concrete will not be considered to treated with lime, cement or other chemical material for purposes of perforniing the Durability Inr test. 10-4.22 ASPHALT CONCRETE.-Asphalt concrete shall be Type B and shall conform to provisions in Section 39, "Asphalt Concrete," of the CALTRANS Standard Specifications and thc special provisions. The last sentence of the first paragraph in Section 39-2.01, "Asphalts," of the CALTRANS Stand Specifications and the fifth, sixth, seventh and eighth paragraphs of Section 39-3. "Proportioning," of the CALTRANS Standard Specifications shall not apply. The second paragraph in Section 39-3.05, "Asphait Concrete and Asphalt Concrete Base Storas of the CALTRANS Standard Specifications is amended to read: Storage silos shall be equipped with a surge-batcher sized to hold a minimum of 4,000 pounds material. A surge-batcher consists of equipment placed at the top of the storage silo which catct the continuous delivery of the completed mix and changes it to individual batch delivery i prevents the segregation of product ingredients as the completed mix is placed into storage. 7 surge-batcher shall be center loading and shall be thermally insulated or heated or therm: insulated and heated to prevent material buildup. Rotary chutes shall not be used surge-batchers. The surge-batcher shall be independent and distinct from conveyors or chutes used to collect direct the completed mixture being discharged into storage silos and shall be the last device handle the material before it enters the silo. Multiple storage silos shall be served by an individi surge-batcher for each silo. Material handling shall be free of oblique movement between t highest elevation (conveyor outfall) and subsequent placement in the silo. Discharge gates surge-batchers shall be automatic in operation and shall discharge only after a minimum of 4,O pounds of material has been collected and shall close before the last collected material leaves t device. Discharge gate design shall prevent the deflection of material during the opening a closing operation. *= r,s 7/17/98 Contract No. 3268 Page 88 of 101 Pages The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concretc determined by the Engineer in accordance with California Test 367 using the samples of ag! furnished by the Contractor in conformance with Section 39-3.03, "Proportioning," CALTRANS Standard Specifications. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutte overside drains and aprons at the ends of drainage structures shall be increased one pe weight of the aggregate over the amount of asphalt binder determined for use in asphalt ( placed on the traveled way. The miscellaneous areas to be paid for at the contract price per square yard for place concrete (miscellaneous area) in addition to the prices paid for the materials involved limited to the areas listed on the plans. Aggregate for asphalt concrete dikes and miscellaneous areas shall conform to the : maximum grading as specified in Section 39-2.02, "Aggregate," of the CALTRANS I Specifications. In addition to the requirements in Section 39-5.01, "Spreading Equipment," of the CAl Standard Specifications, asphalt paving equipment shall be equipped with automatic screed and a sensing device or devices. When placing asphalt concrete to lines and grades established by the Engineer, the ai controls shall control the longitudinal grade and transverse slope of the screed. Grade ar references shall be furnished, installed and maintained by the Contractor. Should the Cc elect to use a ski device, the minimum length of the ski device shall be 30 feet. The ski dev be a rigid one piece unit and the entire length shall be utilized in activating the sensor. When placing the initial mat of asphalt concrete on existing pavement, the end of the screed the centerline shall be controlled by a sensor activated by a ski device not less than 30 fel The end of the screed farthest from centerline shall be controlled by an automatic transver! device set to reproduce the cross slope designated by the Engineer. When paving contiguously with previously placed mats, the end of the screed adjacen previously placed mat shall be controlled by a sensor that responds to the grade of the pr placed mat and will reproduce the grade in the new mat within a 0.01-foot tolerance. The er screed farthest from the previously placed mat shall be controlled in the same manner : placing the initial mat. Should the methods and equipment furnished by the Contractor fail to produce a layer of concrete conforming to the requirements, including straightedge tolerance, of Section "Compacting," of the CALTRANS Standard Specifications, the paving operations I discontinued and the Contractor shall modify his equipment or furnish substitute equipment. Should the automatic screed controls fail to operate properly during any day's work, the Cc may use manual control of the spreading equipment for the remainder of that day, how€ equipment shall be corrected or replaced with alternative automatically controlled eq conforming to the requirements in this section before starting another day's work. In addition to the straightedge requirements in Section 39-6.03, "Compacting," of the CAI Standard Specifications asphalt concrete pavement shall conform to the surface to1 0 e @ specified herein. em r;s 7/17/98 Contract No. 3268 Page 89 of 101 P: The top surface of the uppermost layer of asphalt concrete surfacing (other than open gra asphalt concrete) shall be profiled, by the Contractor in the presence of the Engineer, usir California Profilograph or equivalent in accordance with California Test 526 and as specifie these special provisions. Prior to beginning profiles, the profilograph shall be calibrated in presence of the Engineer. Profiles shall be made on the traveled way 3 feet from and parallt each edge of traveled way and at the approximate location of the planned lane lines. Pavement so profiled shall conform to the following Profile Index requirements: Pavement shall not have individual deviations in excess of 0.3-inch, as determined by Califo Test 526. The station location of the profiles for determining deviations shall be designated by Engineer. Checking the following areas of pavement surface with the California Profilograph or equivalent \I not be required: 1. Pavement on horizontal curves having a centerline radius curve of less than 1,000 feet pavement within the superelevation transition of such curves. 2. Pavement with a total thickness of 0.20-foot or less, or pavement with extensive gr correction which does not receive advance leveling operations as specified in Section 39-6. "Spreading," of the CALTRANS Standard Specifications. 3. Pavement for ramps and connectors with grades 8 percent or steeper and supereleval rates greater than 10 percent and short sections of city or county streets and roads. 4. Pavement within 50 feet of a transverse joint that separates the pavement from an exisl pavement not constructed under the contract. 5. All shoulders and miscellaneous areas. The top surface of the uppermost layer of asphalt concrete surfacing that does not meet specified surface tolerances shall be brought within tolerance by abrasive grinding. Areas wh have been abrasive ground shall receive a fog seal coat. Deviations in excess of 0.3-inch wh cannot be brought into specified surface tolerances by abrasive grinding shall be corrected by eit (I) removal and replacement or, (2) placing an overlay of asphalt concrete. The corrective melt for each area shall be selected by the Contractor and shall be as approved by the Engineer prioi beginning the corrective work. Any replacement or overlay pavement not meeting specif tolerances shall be corrected by the methods specified above. All corrective work shall be at Contractor's expense except that flagging costs will be paid for as provided in Section li "Flagging," of the CALTRANS Standard Specifications. After abrasive grinding has been completed to reduce individual deviations in excess of 0.3-in additional grinding or corrections to the surface as specified above shall be performed as necess, to reduce the Profile Index of the pavement to the specified Profile Index value required for the arc The Contractor shall run profilograms of such areas that have received abrasive grinding corrective work until the final profilograms indicate the Profile Index of the area is within t specified tolerance. When abrasive grinding is used to bring the top surface of the uppermost layer of asphalt conm surfacing within specified surface tolerances, additional abrasive grinding shall be performed necessary to extend the area ground in each lateral direction so that the lateral limits of grinding E at a constant offset from, and parallel to the nearest lane line or pavement edge, and in ea longitudinal direction so that the grinding begins and ends at lines normal to the paveme centerline, within any ground area. All ground areas shall be neat rectangular areas of unifoi surface appearance. *w r,s 7/17/98 Contract No. 3268 Page 90 of 101 Pages Abrasive grinding shall conform to the requirements in the first paragraph and the last 4 par in Section 42-2.02, "Construction," of the CALTRANS Standard Specifications, except grinding residue shall be disposed of outside the highway right of way. The original of final profilograms that indicate the pavement surface is within the Profil specified shall become the property of the Agency and shall be delivered to the Engineer acceptance of the contract. Full compensation for performing all profile checks for Profile Index and furnishing final profi to the Engineer, for performing all corrective work to the pavement surface including i grinding, removing and replacing asphalt concrete or placing asphalt concrete overlay to t surface within the tolerance specified shall be considered as included in the contract price ton for asphalt concrete and no separate payment will be made therefor. The area to which paint binder has been applied shall be closed to public traffic. Care taken to avoid tracking binder material onto existing pavement surfaces beyond the 1 construction. A drop-off of more than 0.15-foot will not be allowed at any time between adjacent lanes public traffic. Where the existing pavement is to be widened by constructing a new structural section adj the existing pavement, the new structural section, on both sides of the existing pavement, completed to match the elevation of the edge of the existing pavement at each location spreading and compacting asphalt concrete over the adjacent existing pavement. Shoulders adjacent to a lane being paved shall be surfaced prior to opening the lane to traffii The aggregate from each separate bin used for asphalt concrete, TypeB, except for containing the fine material, shall have a Cleanness Value of 57 minimum for "contract corn and a 65 minimum for "operating range" as determined by California Test 227, modified as fc Tests will be performed on the material retained on the No. 8 sieve from each bin and will I combined or averaged result. Each test specimen will be prepared by hand shaking for 30 seconds, a single loading of tt sample on a 12-inch diameter, No. 4 sieve, nested on top of a 12-inch diameter, No. 8 sieve Where a coarse aggregate bin contains material which will pass the maximum size specifiec retained on a 318 inch sieve, the test specimen weight and volume of wash water spec 1" x No. 4 aggregate size will be used. Samples will be obtained from the weigh box area during or immediately after discharge frc bin of the batching plant or immediately prior to mixing with asphalt in the case of COI mixers. The Cleanness Value of the test sample from each of the bins will be separately compL reported. At drier-drum and continuous plants with cold feed control, Cleanness Value test sample! obtained from the discharge of each coarse aggregate storage. An aggregate sampling dev be provided which will provide a 50-pound sample of each coarse aggregate. 0 o a em ts 7/17/98 Contract No. 3268 Page 91 of 101 P: If the results of the Cleanness Value tests do not meet the requirements specified for "opera range" but meet the "contract compliance" requirements, placement of the material may continued for the remainder of that day. However, another day's work may riot be started until te or other information, indicate to the satisfaction of the Engineer that the next material to be usel the work will comply with the requirements specified for "operating range." If the results of the Cleanness Value tests do not meet the requirements specified for "conti compliance," the material which is represented by these .tests shall be removed. Howevei requested by the Contractor and approved by the Engineer, said material having a Cleanness k of 48 or greater may remain in place and accepted on the basis of a reduced payment for all s material left in place. Asphalt concrete that is accepted on the basis of reduced payment will be paid for at the conti prices for the items of asphalt concrete involved multiplied by the following factors: If asphalt concrete is accepted on the basis of reduced payment due to a Cleanness Value of 48 56 and also accepted on the basis of aggregate grading or Sand Equivalent tests not meeting 1 "contract compliance" requirements, the reduced payment for Cleanness Value shall apply a payment by the Contractor to the State for asphalt concrete not meeting the "contract complianc requirements for aggregate grading or Sand Equivalent shall not apply. 10-1.23 SIGN STRUCTURES.-Sign structures and foundations for overhead signs shall confoi to the provisions in Section 56-1, "Overhead Sign Structures," of the CALTRANS Standa Specifications and these special provisions. The second paragraph in Section 56-1.02C, "Bolts, Nuts and Washers," of the CALTRAF Standard Specifications is amended to read: Headed anchor bolts for sign foundations shall conform to the specifications of ASTM Designatio! A 307, Grade B with SI supplementary requirements. At the option of the contractor, nonheaded anchor bolts for sign foundations shall conform either the specifications of ASTM Designation: A307, Grade C or to the provisions in AASHT Designation: M 314, Grade 36 or 55 with SI supplementary requirements. When nonheade anchor bolts conforming to the specifications of ASTM Designation: A 307, Grade C are furnishel the end of each fabricated anchor bolt shall be either coded by end stamping as required in ASTl Designation: A 307 or the end that projects from the concrete shall be permanently coded with green color by the manufacturer. ern tQ 7/17/98 Contract No. 3268 Page 92 of 101 Pages Where cast-in-drilled-hole concrete pile sign foundations are to be constructed in slag a! embankments, the diameter of the pile shall be increased to provide at least 3 inches of cover over the reinforcing steel. Cast-in-drilled-hole concrete piles constructed with the a dimension specified herein will be measured and paid for at the contract price per linear foc size of cast-indrilled-hole concrete pile (sign foundation) shown on the plans for that locatio1 Full compensation for additional cost of constructing cast-in-drilled-hole concrete F foundations in slag aggregate embankments, including the increased quantity of portland concrete, and any increased drilling cost, shall be considered as included in the contract p per linear foot for the size of cast-indrilled-hole concrete pile (sign foundation) shown on t and no additional compensation will be allowed therefor. Tubular sign structure shall be galvanized and not painted. 10-1.24 MISCELLANEOUS CONCRETE CONSTRUCTION.-Minor concrete (misce construction) shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalk5 CALTRANS Standard Specifications and these special provisions. The concrete for minor concrete (miscellaneous construction) shall be cured by thi compound method. The curing compound shall be curing compound (6) as specified in 90-7.01 B, "Curing Compound Method," of the CALTRANS Standard Specifications. The curing compound shall be applied in a manner that will provide a complete coati! exposed faces of the concrete surface. 10-1.25 MINOR CONCRETE (MINOR STRUCTURE).-Minor concrete (minor structui conform to the provisions in Section 51, "Concrete Structures," Section 52, "Reinfori Section 73, "Concrete Curbs and Sidewalks," and Section 90-1 0, "Minor Concrete,' CALTRANS Standard Specifications and these special provisions. 10-1.26 MISCELLANEOUS IRON AND STEEL.-Miscellaneous iron and steel shall confor provisions in Section 75, "Miscellaneous Metal," of the CALTRANS Standard Specifications. The second paragraph in Section 75-1.06, "Measurement," of the Standards Specific; amended to read: Scale weights will not be required when miscellaneous iron and steel, miscellaneous bridg miscellaneous metal (restrainer), or pumping plant metal work are designated as final pay the Engineer's Estimate. 10-1.27 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS.-Them traffic stripes (traffic lines) and pavement markings shall conform to the provisions in Sectic "General," and 84-2, "Thermoplastic Traffic Stripes and Pavement Markings," of the CAI Standard Specifications and these special provisions. The State Specification No. for glass beads in Section 84-2.02, "Materials," of the CAI Standard Specifications is amended to read "801 0-21 C-22 (Type H)." Thermoplastic material shall conform to the requirements of State Specification No. 801 0-21 At the option of the Contractor, permanent striping tape as specified in "Prequalified anc Signing and Delineation Materials" elsewhere in these special provisions, may be placed ir the thermoplastic traffic stripes and pavement markings specified herein, except that Sl 0 @ 0 9m Fis 7/17/98 Contract No. 3268 Page 93 of 101 Pi Brand Pavement Tape, Bisymmetric 1.75 Grade, manufactured by the 3M Company, shall no used. Pavement tape, if used, shall be installed in accordance with the manufactui specifications. If pavement tape is placed instead of thermoplastic traffic stripes and paven markings, the pavement tape will be measured and paid for as thermoplastic traffic stripe thermoplastic pavement marking. Four-inch thermoplastic traffic stripe (broken 17-7) will be measured and paid for as 4- thermoplastic traffic stripe. 10-1.28 PAINT TRAFFIC STRIPES.-Painting traffic stripes (traffic lines) shall conform to provisions in Sections 84-1, "General," and 84-3, "Painted Traffic Stripes and Pavement Markin of the CALTRANS Standard Specifications and these special provisions. The State Specification No. for glass beads in Section 84-3.02, "Materials," of the CALTW Standard Specifications is amended to read "801 0-21 C-22 (Type II)." At the option of the Contractor, permanent striping tape as specified in "Prequalified and Te: Signing and Delineation Materials" elsewhere in these special provisions, may be placed insteal the painted traffic stripes specified herein, except that STAMARK Brand Pavement Ta Bisymmetric 1.75 Grade, manufactured by the 3M Company, shall not be used. Pavement tapt used, shall be installed in accordance with the manufacturer's specifications. If pavement tapt placed instead of painted traffic stripes and pavement markings, the pavement tape will measured and paid for as paint traffic stripe and paint pavement marking of the number of ca designated in the Engineer's Estimate. 10-1.29 PAVEMENT MARKERS.--Pavement markers shall conform to the provisions in Section "Pavement Markers," of the CALTRANS Standard Specifications and these special provisions. The second paragraph in Section 85-1.02, "Type of Markers," of the CALTRANS Stand Specifications shall not apply. Certificates of compliance shall be furnished for pavement markers as specified in "Prequalified i Tested Signing and Delineation Materials" elsewhere in these special provisions. Attention is directed to "Traffic Control System For Lane Closure" elsewhere in these spel provisions regarding the use of moving lane closures during placement of pavement markers v bituminous adhesive. Reflective pavement markers shall comply with the specific intensity requirements for reflectar after abrading the lens surface in accordance with the "Steel Wool Abrasion Procedure" specifi for pavement markers placed in pavement recesses in Section 85-1.05,, "Reflective Pavemf Markers," of the CALTRANS Standard Specifications. 10-1.30 MODIFY EXISTING IRRIGATION SYSTEM.-The Contractor shall modify existi irrigation system, as shown on the plans, and as directed by the Engineer. The contract lump sum price paid for modify existing irrigation system shall include 1 compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing the work involved in modify existing irrigation system complete in place, as shown on the plans, specified in these special provisions and as directed by the Engineer. 4- p,s 7/17/98 Contract No. 3268 Page 94 of 101 Pages 10-1.31 SUPPLEMENTAL PLANTING .-The Contractor shall provide supplemental plar shown on the plans and as directed by the Engineer. The contract lump sum price paid for supplemental planting shall include full compensi furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work in\ supplemental planting complete in place, as shown on the plans, as specified in these provisions and as directed by the Engineer. @ a a em p,s 7/17/98 Contract No. 3268 Page 95 of 101 Pi SECTION 10-3. SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS 10-3.01 DESCRIPTION Modifying traffic signals, lighting, sign illumination and ramp metering systems shall conform to tt provisions in Section 86, "Signals, Lighting and Electrical Systems," of the Standard Specificatior and these special provisions. Traffic signal system shutdowns shall be limited to periods allowed for lane closures listec described under "Maintaining Traffic," elsewhere in these special provisions. Ramp mete system shutdowns shall be limited to periods between the hours of 9 a.m. and 2 p.m. 10-3.- MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS 10-3.- EXCAVATING AND BACKFILLING The third paragraph in Section 86-2.01, "Excavating and Backfilling," of the Standard Specificatio is amended to read: The excavations shall be backfilled in conformance with the provisions in Section 19-3, "Struct Excavation and Backfill." Backfill placed in conduit trenches to be outside of slope lines and under pavement shall be compacted to a relative compaction of not less than 90 percent. Backfill on slopes and in areas where pavement is to be constructed shall be compacted tc relative compaction of not less than 95 percent. 10-3.03 FOUNDATIONS Placement of concrete for foundations shall conform to the provisions of Section 51, "Concu Structures." The first sentence of the eighth paragraph in Section 86-2.03, "Foundations," of 1 Standard Specifications is amended to read: Anchor bars or studs and nuts, except for Type 30 and Type 31 lighting standards, shall conform ASTM Designation: A 307. Headed anchor bolts for foundations shall conform to the specificatic of ASTM Designation: A 307, Grade B with S1 supplementary requirements. At the option of 1 contractor, nonheaded anchor bolts for foundations shall conform either to the specifications ASTM Designation: A 307, Grade C or to the provisions in AASHTO Designation: M 314, Grade or 55 with S1 supplementary requirements. When nonheaded anchor bolts conforming to 1 specifications of ASTM Designation: A 307, Grade C are furnished, the end of each fabrical anchor bolt shall be either coded by end stamping as required in ASTM Designation: A 307 or 1 end that projects from the concrete shall be permanently coded with a green color by 1 manufacturer. High strength anchor bolts, bars, or studs for Type 30 and Type 31 lighting standards shall confor to ASTM Designation: A 325, A 325M or A 449 and shall comply with the mechanical requiremer of ASTM Designation: A325 or A325M after galvanizing. Nuts and washers for high strenc anchor bolts shall conform to ASTM Designations: A563 or A563M, and F476 or F4761 respectively. In addition to the requirements of ASTM Designation: A449, studs shall be mark1 on either end as required for bolt heads. 10-3.- STANDARDS, STEEL PEDESTALS AND POSTS The sign mounting hardware, as shown on Detail U of Standard Plan ES-GT, shall be installed at tt locations shown on the plans. 4- tS 7/17/98 Contract No. 3268 Page 96 of 101 Pages 10-3.- CONDUIT Conduit to be installed underground shall be the rigid non-metallic type unless otherwise spf The conduit in a foundation and between a foundation and the nearest pull box shall be non-metallic type. When rigid non-metallic conduit is installed in a trench (not in pavement or under portland concrete sidewalk), after the bedding material is placed and conduit installed, the trench backfilled with commercial quality concrete, containing not less than 376 pounds of portland per cubic yard, to not less than 4 inches above the conduit before additional backfill m: placed. Conduit runs shown on the plans to be located behind curbs may be installed in the stref 3 feet of and parallel to the face of the curb, by the "Trenching in Pavement Method" desc Section 86-2.056, "Installation," of the Standard Specifications. Pull boxes shall be locatec the curb or at the locations shown on the plans. After conductors have been installed, the ends of conduits terminating in pull boxes, equipment enclosures, and in controller and telephone demarcation cabinets shall be sealed approved type of sealing compound. At locations where conduit is required to be installed under pavement and existing unde facilities require special precautions, as described in "Obstructions" of these special prc conduit shall be placed by the "Trenching in Pavement Method" as specified in Section 8€ "Installation," of the Standard Specifications. Pull ropes for use when installing cables in rigid non-metallic conduit shall consist of a flat, lubricated, soft-fiber polyester tape with a minimum tensile strength of 1,800 pounds and sh printed sequential measurement markings at least every 3 feet. @ @ 10-3.- PULL BOXES Grout shall not be placed in bottom of pull boxes. Where the sump of an existing pull box is disturbed by the Contractor's operation, the sump ! reconstructed as shown on Standard Plan ES-8. 10-3.- CONDUCTORS AND WIRING Splices of conductors shall be insulated with heat-shrink tubing of the appropriate si2 thoroughly painting the spliced conductors with electrical insulating coating. Heat-shrink material shall be heated as recommended by the manufacturer. The Contractor shall provide the Engineer a Certificate of Compliance from the manufac accordance with the provisions of Section 6-1.07, "Certificates of Compliance," of the Sr Specifications for all the conductors and cables furnished for the project. In addition to the requirements for splices in detector circuits, the open end of cable jac tubing shall be sealed in a manner similar to the splicing requirements to prevent the entn water. e 4- tS 7/17/98 Contract No. 3268 Page 97 of 101 Pa{ Section 86-2.09D, "Splicing," of the Standard Specifications is amended by retitling as "Splicing Terminations," and the last paragraph is amended to read: All splices and terminal lugs for conductor sizes No. 8 and smaller shall be soldered by the hot i pouring or dipping method. Open flame soldering will not be permitted. SIGNAL CABLE.-Signal cable shall conform to the provisions in Section 86, "Signals, Lighting Electrical Systems," of the Standard Specifications and these special provisions. The color code for the conductors in the nine-conductor cable shall be as follows: PHASE TAPE WITH COLOR OF USE. Signal cables shall be installed continuously, without splices, from the terminal block at the contra cabinet to a terminal block on the standard. EMERGENCY VEHICLE PRE-EMPTOR DETECTOR LEAD-IN CABLE.-Emergency veh preemptor detector lead-in cable (EV-DLC) shall consist of a 3-conductor shielded cable. Conductors shall be No. 20-7x28 stranded copper and strands shall be tinned. Conductor insula1 shall be a low density polyethylene, high-density polyethylene, or polypropylene material havin! minimum average thickness of 25 mils. Conductors shall be color coded: I-yellow, I-blue, i I-orange. The shield shall be tinned copper braid or aluminum polyester tape with a nominal 20% overla Where the tape is used, a No. 20-7x28 stranded, tinned, bare drain wire shall be placed betwc the insulated conductors and the shield and in contact with the conductive surface of the shield. The capacitance measured between any conductor and the other two coriductors and the shi shall not exceed 48 pico-farads per foot when tested at 1000 hertz. The cable jacket shall be a black PVC material or black high-density polyethylene, rated for : volts minimum, and 60 degrees C. minimum. It shall have an average minimum wall thickness of mils. The cable jacket shall be marked with the manufacturers name, insulation type, designat number, number of conductors, conductor size, voltage and temperature ratings. The finished outside diameter of the cable shall be 0.30-inch (nominal). 4- t;s 7/17/98 Contract No. 3268 Page 98 of 101 Pages The cable run between each detector and the controller cabinet shall be continuous with01 or shall be spliced only as directed by the emergency vehicle pre-emptor detector manufact SIGNAL INTERCONNECT CABLE.-Signal Interconnect Cable (SIC) shall be the twelve-c The ends of signal interconnect cable terminating at controller and telephone demarcation shall have crimped and soldered spade type terminals. 0 type- 10-3.- NUMBERING ELECTRICAL EQUIPMENT The Contractor shall use existing field installations of self-adhesive reflective numbers ident the Engineer as reference for materials to be furnished and installed. The Contractor shall place the numbers on the equipment as directed by the Engineer. Numbers shall be applied to a clean surface. Where shown on the plans, equipment numbers shall be placed for all electroliers and sign On electroliers and sign structure posts, the numbers shall be placed as shown on Stand ES-GA, except that the numbers shall be placed on the side nearest the roadwa approaching traffic at a height up to 8 feet above the base plate. Where new numbers are to be placed on existing or relocated equipment, the existing I shall be removed. 10-3.- VEHICLE SIGNAL FACES AND SIGNAL HEADS @ Relocated traffic signal units shall be relamped. Lamps for traffic signal units shall conform to the provisions of ITE Publication: ST-0086. 10-3.- PEDESTRIAN SIGNALS Relocated pedestrian signal units shall be relamped. Lamps for Type A pedestrian signals shall conform to the provisions for lamps for 200-mm v signal sections of ITE Publication: ST-0088. 10-3.- DETECTORS Loop wire shall be Type 2. Like-numbered detector loops, when shown on the plans, shall be connected to the same de lead-in cable. Loop detector lead-in cable shall be Type B. a ew ts 7/17/98 Contract No. 3268 Page 99of101 Pz The third paragraph of Section 86-5.01A(5), "Installation Details," of the Standard Specifications amended to read: Slots cut in the pavement shall be washed clean, blown out and thoroughly dried be. installing conductors. Residue resulting from slot cutting operations shall not be permittec flow across shoulders or lanes occupied by public traffic and shall be removed from pavement surface before any such material flows off of the pavement surface. Residue fi slot cutting operations shall be disposed of outside the highway right of way in accordance \ Section 7-1.1 3. The depth of loop sealant above the top of the uppermost loop wire in the sawed slots shall 2 inches, minimum. The diameter and spacing of the Type E detector loops, shown on Standard Plan ES-5B changed to 6 feet and 10 feet, respectively. The sides of the slot shall be vertical and the minirr radius of the slot entering and leaving the circular part of the loop shall be I 1/2 inches. Slot wi shall be a maximum of 3/4 inch. Loop wire for circular loops shall be Type i!. Slots of circular loc shall be filled with elastomeric sealant or hot melt rubberized asphalt sealant. The second paragraph of Section 86-5.01, "Vehicle Detectors," of the Standard Specification! amended to read: Sensor units, control units and amplifiers shall meet the requirements of the "Transportal Electrical Equipment Specifications," issued by the State of California, Department Transportation, and to the addendums thereto at the time of project advertising. The units shall be affected by transient voltages when tested in accordance with California Test 667. The ends of loop detector lead-in cables terminating at a controller cabinet with double row bar terminal blocks shall have crimped and soldered ring terminals, otherwise the ends shall h; approximately 314 inch of insulation removed and the exposed wire soldered.. 10-3.- PEDESTRIAN PUSH BUTTONS Pedestrian push button housing shall be mounted with the actuator button at 39 inches above adjacent finished grade. 10-3.- LOW PRESSURE SODIUM LUMINAIRES Relocated luminaires shall be relamped. Low pressure sodium lamps shall conform to the following: The lamps shall be 180-watt, single ended, bayonet base, tubular gas discharge lamps suitable street lighting use. Low pressure sodium lamps shall have a minimum of 93 percent maintenance of initial lumc during rated life and shall comply with the following minimum performance requirements: 4- tS 7m9a Contract No. 3268 Page 100 of 101 Pages Lamp Designation ANSI Code: L74-RF-180 Nominal Watts 180 Initial Lumens 33,000 Rated Ave. Life 18,000 0 (@ 10 Hrs/Start) Operating Position Horizontal QO" Low pressure sodium lamps shall reach 80 percent of light output within 10 minutes a restrike within one minute after an outage due to power interruption or voltage drop at ti socket. The base of the lamp shall have a device that will allow the installer to indicate the month i of installation. 103, PHOTOELECTRIC CONTROLS Contactors shall be the mechanical armature type. Photoelectric units for illuminated signs shall have a "turn-on" level of between 20 footcandles. (Turn-on level specified above corresponds to a switching level of approximatt 60 footcandles measured in the horizontal plane.) "Turn-off" level shall not exceed 3 times " level. 10-3.- REMOVING, REINSTALLING OR SALVAGING ELECTRICAL EQUIPME Salvaged electrical materials shall be hauled to the District Recycle Yard, located near th end of the Route 15 High Occupancy Vehicle Lanes (HOV) in the City of San Diego, Sai County and stockpiled. The Contractor shall provide equipment, as necessary, to safely unload and stockpile the rn A minimum of two working days notice shall be given to the Engineer and the District E Recycle Coordinator, telephone (61 9) 688-6842, prior to delivery. @ m e* Contract No. 3268 Page 101 of 101 Pa! ts 7/17/98