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Ramona Paving and Construction Corp; 2018-01-10; PWS18-61TRAN
TABLE OF CONTENTS NOTICE INVITING BIDS ............................................................................................................. 5 CONTRACTOR'S PROPOSAL ................................................................................................. 10 BID SECURITY FORM ............................................................................................................. 17 BIDDER'S BOND TO ACCOMPANY PROPOSAL .................................................................... 18 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM ............. 19 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS ................................................................................................................................ 21 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE .................................. 21 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION ............................ 23 BIDDER'S STATEMENT RE DEBARMENT .............................................................................. 24 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD .............................................................. 25 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID .................................................................................................................................. 27 CONTRACT PUBLIC WORKS .................................................................................................. 28 LABOR AND MATERIALS BOND ............................................................................................. 35 FAITHFUL PERFORMANCE/WARRANTY BOND .................................................................... 37 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION .39 GENERAL PROVISIONS SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS ................................................................................................................. 42 1-2 DEFINITIONS ....................................................................................................... 42 1-3 ABBREVIATIONS ................................................................................................. 46 1-4 UNITS OF MEASURE .......................................................................................... 49 1-5 SYMBOLS ............................................................................................................ 51 SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT ........................................................ 52 2-2 ASSIGNMENT ...................................................................................................... 52 2-3 SUBCONTRACTS ................................................................................................ 52 2-4 CONTRACT BONDS ............................................................................................ 53 2-5 PLANS AND SPECIFICATIONS ........................................................................... 54 2-6 WORK TO BE DONE ............................................................................................ 58 2-7 SUBSURFACE DATA ........................................................................................... 58 2-8 RIGHT-OF-WAY ................................................................................................... 58 2-9 SURVEYING ......................................................................................................... 59 2-10 AUTHORITY OF BOARD AND ENGINEER. ......................................................... 60 {'\ •+;' Revised 7/19/17 Contract No. 6049-17 Page 2 of 126 Pages 2-11 INSPECTION ........................................................................................................ 61 SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. ............................................ 62 3-2 CHANGES INITIATED BY THE AGENCY ............................................................ 62 3-3 EXTRA WORK ...................................................................................................... 63 3-4 CHANGED CONDITIONS ..................................................................................... 66 3-5 DISPUTED WORK ............................................................................................... 67 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP ..................................................................... 70 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE ......................... 74 SECTION 5 -UTILITIES 5-1 LOCATION ........................................................................................................... 75 5-2 PROTECTION ...................................................................................................... 75 5-3 REMOVAL ............................................................................................................ 76 5-4 RELOCATION ...................................................................................................... 76 5-5 DELAYS ............................................................................................................... 77 5-6 COOPERATION ................................................................................................... 77 SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK .................. 78 6-2 PROSECUTION OF WORK .................................................................................. 82 6-3 SUSPENSION OF WORK .................................................................................... 83 6-4 DEFAULT BY CONTRACTOR. ............................................................................. 83 6-5 TERMINATION OF CONTRACT ........................................................................... 84 6-6 DELAYS AND EXTENSIONS OF TIME ................................................................ 84 6-7 TIME OF COMPLETION ....................................................................................... 85 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY ............................................. 86 6-9 LIQUIDATED DAMAGES ..................................................................................... 87 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION ......................................... 87 SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES ............................................... 88 7-2 LABOR ................................................................................................................. 88 7-3 LIABILITY INSURANCE ....................................................................................... 88 7-4 WORKERS' COMPENSATION INSURANCE ....................................................... 88 7-5 PERMITS .............................................................................................................. 89 7-6 THE CONTRACTOR'S REPRESENTATIVE ........................................................ 89 7-7 COOPERATION AND COLLATERAL WORK ....................................................... 90 7-8 PROJECT SITE MAINTENANCE ......................................................................... 90 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS .............. 95 7-10 PUBLIC CONVENIENCE AND SAFETY ............................................................... 95 7-11 PATENT FEES OR ROYALTIES ........................................................................ 103 7-12 ADVERTISING ................................................................................................... 103 7-13 LAWS TO BE OBSERVED ................................................................................. 103 7-14 ANTITRUST CLAIMS ......................................................................................... 103 l' •fi' Revised 7/19/17 Contract No. 6049-17 Page 3 of 126 Pages SECTION 8 -FACILITIES .................................................................................................. 104 SECTION 9-MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK .......................... 105 9-2 LUMP SUM WORK ............................................................................................. 105 9-3 PAYMENT .......................................................................................................... 105 9-4 BID ITEMS .......................................................................................................... 108 SECTION 200-ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS ...................................................................... 114 SECTION 201 -CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE ................................................................... 115 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS ........................................ 116 201-4 CONCRETE CURING MATERILAS .................................................................... 116 SECTION 203 -BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE ...................................................................................... 116 SECTION 209 -ELECTRICAL COMPONENTS SECTION 210-PAINT AND PROTECTIVE COATINGS 210-1 PAINT ................................................................................................................. 118 SECTION 300 -EARTHWORK 300-1 CLEARING AND GRUBBING ............................................................................. 119 300-9 GEOTEXTILES FOR EROSION CONTROL ....................................................... 120 SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION ............................................................................. 121 SECTION 302-ROADWAY SURFACING 302-9 ASPHALT PAVEMENT REPAIRS AND REMEDIATION .................................... 122 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS ................................. 122 SECTION 307 -STREET LIGHTING AND TRAFFIC SIGNALS 307-11 PULL BOXES ..................................................................................................... 124 SECTION 310 -PAINTING 310-5 PAINTING VARIOUS SURFACES ...................................................................... 125 ('\ •+;' Revised 7/19/17 Contract No. 6049-17 Page 4 of 126 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on November 30, 2017, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: removal and replacement of curb ramps, spandrels, cross gutters, concrete curb ramp lip grinding, and installing detectable warning surfaces throughout the Village of Carlsbad. ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 PWS18-61 TRAN INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. l'l •,r' Revised 7/19/17 Contract No. 6049-17 Page 5 of 126 Pages BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $662,574. TIME OF COMPLETION The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIAL TY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not include federal funds. The following classifications are acceptable for this contract: A: General Engineering or C8: Concrete. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $50 per set. If plans and specifications are to be mailed, the cost for postage should be added. l'\ •+;' Revised 7 /19/17 Contract No. 6049-17 Page 6 of 126 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as herein before specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Emad Elias, Assistant Engineer emad.elias@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sheets. The cutoff date to submit questions regarding this project is 5:00 p.m. on November 17, 2017. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project by November 22, 2017. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777 .5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work ('\ •+;' Revised 7/19/17 Contract No. 6049-17 Page 7 of 126 Pages pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDA Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent ( 100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent ( 100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance comm IssIoner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 1 0 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. ,, •+;' Revised 7 /19/17 Contract No. 6049-17 Page 8 of 126 Pages Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2017-204, adopted on the 24th day of October, 2017. October 26, 2017 Date Deputy Clerk l'\ •ii' Revised 7/19/17 Contract No. 6049-17 Page 9 of 126 Pages City Council City of Carlsbad CITY OF CARLSBAD ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 CONTRACTOR'S PROPOSAL 1200 Carlsbad Village Drive Carlsbad, California 92008 fl~op1 ~-e:_,-..... -... -/?-"' . .: ..... ·· __ _ The undersigned declares he/she has carefully examined t,he location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Generai Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 6049-17 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item No. Description Approximate Quantity And Unit 1 2 3 4 MOBILIZATION & DEMOBILIZATION at (not to exceed) Twenty Five Thousand Dollars and Zero Cents (Price in Words) SWPPP & EROSION CONTROL at Eight Hundred Dollars aod Zero Ceots (Price in Words) TRAFFIC CONTROL , TRAFFIC CONTROL PLAN & PUBLIC NOTIFICATION at Two Thousand Five Hundred Dollars and Zero Cents (Price in Words) TYPE A & B CURB RAMP (G-27 & G-28) at Three Thousand Five Hundred Dollars aod Zero Ceots (Unit Price in Words) Not To Exceed $25,000 1 LS 1 LS 70 EA $ Unit Price (Figures) 3,500.00 " .., Revised 7 /19/17 Contract No. 6049-17 Total Amount (Figures) $ 25,000.00 $ 800.00 $ 2,500.00 $ 245,000.00 Page 10 of 126 Pages Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 5 TYPE C CURB RAMP (G-29) 19 EA $ 3,000.00 $ 57,000.00 at Three Thousand Dollars and Zero Cents (Unit Price in Words) 6 TYPED CURB RAMP (G-31) 5 EA $ 1,800.00 $ 9,000.00 at One Thousand Eight Hundred Dollars and Zero Cents (Unit Price in Words) 7 CAL TRANS ONE 8 EA $ 4,800.00 $ 38,400.00 DIRECTIONAL RAMP (RSP A88A & B) at Four Thousand Eight Hundred Dollars and Zero Cents (Unit Price in Words) 8 1 O' WIDE TYPE A 1 EA $ 5,000.00 $ 5,000.00 PASSAGEWAY (RSP A88B) at Five Thousand Dollars aod Zem Ceots (Unit Price in Words) 9 4" P.C.C. SIDEWALK at 4,050 SF $ 8.00 $ 32,400.00 Eight Dollars and Zero Cents (Unit Price in Words) 10 SIDEWALK WITH TILE 2,128SF $ 22.00 $ 46,816.00 OVERLAY at Twentl'.'. Two Dollars ana Zero Cents (Unit Price in Words) 11 EXPOSED AGG CONC. at 451SF $ 13.00 $ 5,863.00 Thirteen Dollars and Zero Cents (Unit Price in Words) {' .., Revised 7 /19/17 Contract No. 6049-17 Page 11 of 126 Pages Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 12 SPANDREL/CROSS 5,536 SF $ 12.00 $ 66,432.00 GUTTER at Twelve Dollars aod Zem Ceots (Unit Price in Words) 13 ZERO INCH PCC CURB & 145 LF $ 10.00 $ 1,450.00 PAVED AREA at Ten Dollars and Zero Cents (Unit Price in Words) 14 GRIND CONCRETE RAMP 21 EA $ 800.00 $ 16,800.00 LIP at Eight Hundred Dollars and Zero Cents (Unit Price in Words) 15 3'X4' TRUNCATED DOMES 49EA $ 500.00 $ 24,500.00 at Five Hundred Dollars and Zero Cents (Unit Price in Words) 16 ADJUST CATCH BASIN TOP 1 EA $ 3,000.00 $ 3,000.00 AT RAMP 259 at Three Thousand Dollars and Zero Cents (Unit Price in Words) 17 REPLACE EXISTING PULL 39 EA $ 95.00 $ 3,705.00 BOX at Ninty Five Dollars and Zero Cents (Unit Price in Words) 18 ADJUST PEDESTRIAN 5 EA $ 1,200.00 $ 6,000.00 PUSH BUTTON at One Thousand Two Hundred Dollars and Zero Cents (Unit Price in Words) 19 PEDESTRAIN BARRICADE 8 EA $ 950.00 $ 7,600.00 AND R49 SIGN at Nine Hundred Dollars and Zero Cents (Unit Price in Words) 0 Revised 7 /19/1 7 Contract No. 6049-17 Page 12 of 1 26 Pages Item No. Description 20 21 22 STRIPING at Twelve Thousand Dollars and Zero Cents (Price in Words) CLASS 2 AGGREGATE BASE at Eighty Dollars and Zero Cents (Unit Price in Words) RECORD DRAWINGS at Three thousand dollars and Zero cents (Unit Price in Words) Approximate Quantity And Unit 1 LS Unit Price (Figures) 100 TON .... $ ___ 8_0._0_0_ 1 Stipulated ~$ ____ 3~10_0_0 Total Amount (Figures) $ 12,000.00 $ 8,000.00 $ 3,000 Total amount of bid in words: Six Hundred Twenty Thousand Two Hundred Sixty Six Dollars and Zero Cents. 620,266.00 Total amount of bid in numbers:$ ----------------------- Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). _____ 1 _____ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 795526 , classification A, B, C-12, HAZ which expires on May 31, 2019 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. a .., Revised 7/19/17 Contract No. 6049-17 Page 1 3 of 126 Pages The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bond (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. l' .., Revised 7/19/17 Contract No. 6049-17 Page 14 of 126 Pages IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: N/ A (1) Name under which business is conducted _________________ _ (2) Signature (given and surname) of proprietor ________________ _ (3) Place of Business __________________________ _ (Street and Number) City and State ___________________________ _ (4) Zip Code _______ _ Telephone No. ______________ _ (5) E-Mail ______________________ _ IF A PARTNERSHIP, SIGN HERE: N/A (1) Name under which business is conducted _________________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business __________________________ _ (Street and Number) City and State ___________________ _ (4) Zip Code ______ _ Telephone No. _______________ _ (5) E-Mail ____________________ _ l' .., Revised 7/19/17 Contract No. 6049-17 Page 1 5 of 1 26 Pages IF A CORPORATION, SIGN HERE: (1) Name und which business is conducted Ramona Paving and Construction Corporation Thomas Theaker, President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of _C-a_li~fa~r~n_ja ____ _ (4) Place of Business _1'-'3"""0-"3_O""""""Iiv'-'e'---=S""""tr"""e"""et"'--________________ _ (Street and Number) City and State Ramona CA -----~--------------------- (5) Zip Code ___ 9_2_0_6_5 ___ _ Telephone No. ____ 7"-6=0"---=-7=-88=---=2=8_,_4..:....7 ___ _ (6) E-Mail ------~i~D~to-@..,.....ra~m_o~o-a.,..p_a~v-in..,g_c_o-m~------ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Thomas Theaker, President/Vice President Annette Theaker, Secretary/Treasurer Jess Libsack, General Manager {'\ .., Revised 7/19/17 Contract No. 6049-1 7 Page 16 of 126 Pages BID SECURITY FORM (Check to Accompany Bid) ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of ______________________ _ ______________________ dollars ($ _______ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) a ,.., Revised 7 /19/17 Contract No. 6049-17 Page 1 7 of 1 26 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 KNOW ALL PERSONS BY THESE PRESENTS: That we, Ramona Paving & Construction Corp. , as Principal, and U.S. Specialty Insurance Company , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent of Bid Amount (10% of Amount Bid) for which payment, Well and truly made, We bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for: ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this ___ 2_7_th ___ day of _____ N ___ ov~e __ m---be ____ r ____ , 20_17 __ Bart Stewart, Attorney-in-Fact (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney / By: ~ Deputy City Attorney 0 Revised 7/19/17 Contract No. 6049-17 Page 18 of 126 Pages POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY .,,NOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Jnding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Bart Stewart or Molly Cashman of Encinitas, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Ten Million****** Dollars ($ **10,000,000.00**). This Power of Attorney shall expire without further action on November 3, 2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorncy(s)-in-Fact to represent and act for and on behalf of the Company subject to the following prov1s1ons: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day ofNovember, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY By: Daniel P. Aguilar, Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this I st day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sigaanrre ~ (Se,I) I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. Bond No. t-.iP.. --~~---Agency No. __ 1_0_54_1 __ v~ Wlw~~;of, I have ,~~;~o set my hand and affixed th;: seals of said Companies at Los Angeles, C~'alifomia this t 1-W-day Corporate Seals '\\\lll\111/111111, 11IIIIIW11,1 \\\\\\11!1! I//J111 \\\\l\lfl/11111 ,,, ~p..CTOJ? 111 ,~,,,'ts ~l.!{?/f.'1,111,,,, ,,,,'"~'Nf? !.~ Q /!',,,,,, ,,,,,,, \l'\5Ura ,,,,,,, .$'~~...._ . s4.,,,.,,,,., .;-,~ "-.->-;..~ ~'<>u:01;. ~~o'l>'.\'i .... "00i~ ®·~·:·.E·c,:;-_T.~~T.990.E,,O.,~··O.:Oi) (l°~.A1-11Jil_··» {1.' °Y) e ~/ ·\\ ,::-/ C /~" ,.o °",,<l';-•,.. ,,.•c,_,f iz:,, :.,~ ,• ',,l ,.,.,,, l",4l'··, .. ;;~\\I-,,~ ~--:.,z,,,·,,,,,,f'·,,,,,,·,·,,,J/~ '/,/f,,l'tf'o"'F"\~i-,,;,,, * 111111/11~fi?i~1\\\'-\\\ 1111111111\\\\\\ 1111111111111\\\\\\\\\ Kio Lo, Assistant Secretary ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } } County of San Diego On II /1.., /1, before me, Brittany Aceves, Notary Public (Here insert name and title of the officer) personally appeared _B_a_rt_S_te_w_a_r_t _________________ _ who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s-)(@are subscribed to the within instrument and acknowledged to me that ~he/they executed the same in@,er/their authorized capacity(ies), and that by ~er/their signature(&) on the instrument the person(&), or the entity upon behalf of which the person(5') acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) 0 Other __________ _ 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notalJ' wording and, if needed, should be completed and attached to the document. Acknolwedgentsfrom other states may be completed for documents being sent to that state so long as the ,rordmg does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk. •!• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •!• Indicate title or type of attached document, number of pages and date. •!• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Callfomla All-Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego S.S. On November 16, 2017 before me, Annette M. Hathaway , Notary Public personally appeared _ _.:,:_T=h=om=as"----T=h=e=a=k=er,_____ ________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-s) is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(-ies}, and that by his/her/their signature(s) on the instrument the person(-s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL INFORMATION ------------- Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of Authorized Signatory City of Carlsbad ADA Imp Program bid docs containing __ pages, and dated ________ _ The signer(s) capacity or authority is/are as: [J I ndividual(s) [J Attorney-in-fact rX Corporate Officer(s) _ __,_P..._re=s=i=d=e..,_n""t _______ _ [] Guardian/Conservator D Partner -Limited/General [] Trustee(s) [J Other: ________________ _ ·/, Method of Signer Identification Proved to me on the basis of satisfactory evidence: [J form(s) of identification [] credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: ________ _ Other D Additional Signer [] Signer(s) Thumbprints(s) o _________ _ GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder'', "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer'', "Own Organization", "Subcontractor'', and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. l' .., Revised 7 /19/1 7 Contract No. 6049-17 Page 19 of 126 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. l' .., Revised 7/19/17 Contract No. 6049-17 Page 20 of 126 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Portion of Work 19 and 20 " SUBCONTRACTOR'S BID ITEMS Subcontractor Name Phone No. DIR Subcontractor's Amount of and and Email Registration License No. and Work by Subcontractor Location of Business Address No. Classification* in Dollars* ::;li::I ,.-,vvide StrinAs lnr. Qi::;:Q_i:::t:,n_~Qsn 1000001~~4 7AQ?RR 7320 Mission Gorae Road $17 050.00 San Dieao CA 92120 brent@statewid ~strioes.com C1? r.11 D38 Page _1_ of _1_ pages of this Subcontractor Designation form pursuant to section 4104 (a)(3)(a) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." .., Revised 7/19/17 Contract No. 6049-17 Page 21 of 126 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. SEE ATTACHMENT Date Name and Address Name and Phone Amount Contract of the Employer No. of Person to Type of Work of Completed Contract Contract i\ ..., Revised 7 /19/17 Contract No. 6049-17 Page 22 of 126 Pages ~ BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ADA Improvement Program Contract No. 6049-17 The bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Address Name and Phone Type of Work Amount Contract of the Employer No. of Person to of Completed Contact Contract 12/31/2017 SunPower Eric Massaro Various Locations at GUHSD: Remove $470,299 2125 E Katella Ave, #220 Eric.massaro@sunpower.com and replace existing asphalt, dispose of Anaheim, CA 92806 714-787-3821 petromat, striping, and seal coating, remove and reinstall wheel stops 12/31/2017 San Diego Country Estates Garry Williams Repair, curb installation, pavement $216,493 24157 San Vicente Road Garry.William s@sdcea.net elevation and grade, pave, , seal, storm Ramona, CA 92065 760-789-3788 X 5503 drain rehab, concrete, asphalt, fabric, crack treatment, seal coat 11/30/2017 County of San Diego David Salud JOC 222 Various Projects: Installation of $1,038,116 Public Works Department David.salud@sdcounty.ca.gov ADA compliant curb and ramps and 5500 Overland Ave, Ste 310 858-694-8906 sidewalks, install accessible pedestrian San Diego, CA 92123 push button poles and signals, patching, striping 11/30/2017 RamonaMWD Troy Henry Divert wastes materials, sheeting, shoring $728,450 105 Earlham Street thenry@rmwd.org and bracing, installation of PVC water Ramona, CA 92065 760-788-2234 main, abandon existing system, install new assembly, gate valve, blow off, air valves, and fire hydrants 11/30/2017 Oliveheim MWD Chad Williams Install Class II road base and seal coat $28,437.00 1966 Olivehain Road cwilliams@olivenhain.com Encinitas, CA 92024 7 60-7 53-6466 11/30/2017 City of San Diego Paul Bowden JOC S 16 Various Projects: Installation $717,239 1010 Second Ave, Ste 1400 pbowden@sandiego.gov of ADA compliant curb and ramps and San Diego, CA 92101-4905 619-533-3040 sidewalks, install accessible pedestrian push button poles and signals, patching, striping 10/30/2017 City of Santee Steve Miller Patching, overlay, curb, gutter, sidewalk, $727,632 10601 Magnolia A venue smiller@cityofsanteeca.gov driveway, ramps, and striping Santee, CA 92071 619-258-4100 06/29/2017 Grossmont UHSD Scott Wilkins Various locations: Remove and replace $500,000 1100 Murray Drive swilkins@guhsd.net existing asphalt, striping, and seal El Cajon, CA 92020 619-644-8151 coating, remove and reinstall wheel stops 11/30/2016 San Diego UHSD Pedro "Pete" Gonzalez Various locations: Remove and replace $2,500,000 4860 Ruffuer Street pgonzalez@sandi.net existing asphalt, striping, and seal San Diego, CA 92111 858-627-7278 coating, remove and reinstall wheel stops () Revised 7/19/17 Contract No. 6049-17 Page 1 of 2 Page 22 of 126 Pages Date Name and Address ~ontract of the Employer Completed 09/30/2016 County of San Diego Public Works Department 5500 Overland Ave, Ste 310 San Diego, CA 92123 07/31/2016 Grossmont UHSD 1100 Murray Drive El Cajon, CA 92020 03/31/2016 County of San Diego Public Works Department 5500 Overland Ave, Ste 310 San Diego, CA 92123 02/22/2016 City of San Diego 1010 Second Ave, Ste 1400 San Diego, CA 92101-4905 10/30/2015 County of San Diego Public Works Department 5500 Overland Ave, Ste 310 San Diego, CA 92123 08/31/2015 County of San Diego Public Works Department 5500 Overland Ave, Ste 310 f- San Diego, CA 92123 u8/30/2015 City of Encinitas 505 S Vulcan Avenue Encinitas, CA 92024 08/15/2015 Grossmont UHSD 1100 Murray Drive El Cajon, CA 92020 07/29/2015 Grossmont UHSD 1100 Murray Drive El Cajon, CA 92020 06/30/2015 City of San Diego 1010 Second Ave, Ste 1400 San Diego, CA 92101-4905 02/28/2014 City of San Diego 1010 Second Ave, Ste 1400 San Diego, CA 92101-4905 ft \i;J Revised 7/19/17 Name and Phone No. of Person to Contact Justin Votava Justin.Votava@sandiego.ca.gov 858-694-8924 Scott Wilkins swilkins@guhsd.net 619-644-8151 Justin Votava Justin.Votava@sandiego.ca.gov 858-694-8924 Paul Bowden pbowden@sandiego.gov 619-533-3040 Orland Mott Orland.Mott@sdcounty.ca.gov 858-694-8900 Tim Manzano Tim.Manzano@sdcounty.ca.gov 858-694-8900 John Ugrob John.Ugrob@encinitasca.gov 760-633-2600 Scott Wilkins swilkins@guhsd.net 619-644-8151 Dena Johnson djohnson@guhsd.net 619-644-8150 Paul Bowden pbowden@sandiego.gov 619-533-3040 Farid Sadeghipour fsadeghipour@sandiego.gov 619-533-3789 Contract No. 6049-17 Page 1 of 2 Type of Work Amount of Contract JOC 215 Various Projects: General $2,500,000 Engineering Projects CN-495 District Wide Paving $500,000 JOC 210 Various Projects: General $2,500,00 Engineering Projects JOC S15 Various Projects: Repair, $4,500.000 alteration, rehabilitaion, reconstruction, and construction for street and structures JOC 201 Various Locations throughout $4,500,00 county for AC Paving JOC 196 Various Locations throughout $4,500,000 county for AC Paving Concrete Curbs/Ramps, Sidewalks $150,000 Remove and replace AC $172,000 Yearly Annual AC Contract $500,000 Poway Bike Path $1,300,000 Various Locations for street and airports $2,000,000 asphalt repairs Page 22 of 126 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: IX) Comprehensive General Liability Ix] Automobile Liability !Zl Workers Compensation IX] Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. a ,.., Revised 7/19/17 Contract No. 6049-17 Page 23 of 126 Pages Client#· 1706776 303RAMONPAV ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE {MM/DD/YYYY) 12/08/2017 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~ai~cT Robin Hamilton BB&T-John Burnham Ins Services wgN:o, Ext): 619 231-1010 I rM. No): 6192369134 750 B Street Suite 2400 E-MAIL ADDRESS: San Diego, CA 92101 INSURER{S) AFFORDING COVERAGE NAIC# 619 231-1010 ----- INSURER A: Navigators Specialty Insurance 36056 INSURED INSURER B: Everest National Insurance Co 10120 Ramona Paving and Construction INSURER c: Ohio Casualty Insurance Company 24074 Corporation INSURER D: 1303 Olive Street Ramona, CA 92065 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICYEFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY SF17CGL 1608061C 05/18/2017 05/18/201S EACH OCCURRENCE $1000000 -~ CLAIMS-MADE ~ OCCUR ~~~b~~J?E~~~J~rPence \ $50,000 X Bl/PD Ded:5,000 MED EXP {Any one person) $5,000 PERSONAL & ADV INJURY -$1,000,000 --~~-~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl lx1PRO-n LOG $2,000,000 POLICY _ JECT PRODUCTS -COMP/OP AGG OTHER: $ AUTOMOBILE LIABILITY BA057364567 10/01/2017 10/01/201e COMBINED SINGLE LIMIT $1,000,000 (Ea accident\ -X ANY AUTO BODILY INJURY {Per person) $ -ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY {Per accident) $ -NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS /Per accident) $ $ A UMBRELLA LIAB ~ OCCUR SE17EXC8441211C 05/18/2017 05/18/201S EACH OCCURRENCE $2,000 000 ~ X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000 000 / OED I I RETENTION $ $ B WORKERS COMPENSATION 7600016848171 10/01/2017 10/01/201E IPER I l~~H-AND EMPLOYERS' LIABILITY y / N X STATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $1000000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under $1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT ---- DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Certificate is subject to policy limits, conditions and exclusions. Re: ADA Improvement Program, Bid #PWS18-61TRAn, Project #6049. City of Carlsbad, its official, employees and volunteers are named additional insured(AUGL)per captioned operations of the named insured. Coverage is primary and noncontributory. CERTIFICATE HOLDER CANCELLATION City of Carlsbad-Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Contract Admin. Div. ACCORDANCE WITH THE POLICY PROVISIONS. Graham Jordan 1635 Faraday Ave. AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008-7314 ~~.,_..-t?.#A.---7 I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S19135875/M18855369 MGGUE Policy:BA057364567 COMMERCIAL AUTO CA88100113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT ACCIDENT AL AIRBAG DEPLOYMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BROAD FORM INSURED BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (including employee hired auto) EXTENDED CANCELLATION CONDITION EXTRA EXPENSE -BROADENED COVERAGE GLASS REPAIR -WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) HIRED AUTO COVERAGE TERRITORY LOAN / LEASE GAP PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONAL EFFECTS COVERAGE PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS TOWING AND LABOR TWO OR MORE DEDUCTIBLES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II -LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED PROVISION NUMBER 3 12 19 5 13 1 22 2 23 10 15 6 20 14 16 11 8 9 4 7 17 18 20 SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: CA 8810 0113 d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) ls a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of? (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident'' we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II -LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE CA 8810 0113 Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V -DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE CA 8810 0113 Paragraph A.4.a., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident'' or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V -DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE CA 8810 0113 SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office. Inc., with its permission. Page4of7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the following: CA 8810 0113 The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V -DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 15. GLASS REPAIR -WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller {or smallest) deductible it will be reduced by the amount of the smaller {or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller {or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS CA 8810 0113 SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V -DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION CA8810O113 COMMON POLICY CONDITIONS, paragraph A.-CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of7 0 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance pro- vided by this Coverage Form is ex- cess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is con- nected to another vehicle, the Liabil- ity Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Para- graph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy cov- ers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Cov- erage Form is based on the expo- sures you told us you would have when this policy began. We will compute the final premium due when we determine your actual ex- posures. The estimated total premi- um will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. If the estimated total premium exceeds the final premium due, the first Named Insured will get a re- fund. b. If this policy is issued for more than one year, the premium for this Cov- erage Form will be computed annu- ally based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "ac- cidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; d. Canada; and e. Anywhere in the world if: (1) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the Unit- ed States of America, the ter- ritories and possessions of the United States of America, Puerto Rico, or Canada or in a settle- ment we agree to. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Poli- cies Issued By Us If this Coverage Form and any other Cov- erage Form or policy issued to you by us or any company affiliated with us apply to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifi- cally to apply as excess insurance over this Coverage Form. CA 00 010306 ©ISO Properties, Inc., 2005 Page 10 of 13 j 'POLICY NUMBER: SF17CGL160806IC COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization for whom you are performing "commercial construction" during the period of this policy and have agreed in a written contract to add as an additional insured for products-completed operations. "Commercial construction" does not include any habitational or residential construction other than hotels or apartments. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 required by the contract or agreement to provide for such additional insured. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 / Policy: SF17CGL160806IC COMMERCIAL GENERAL LIABILITY CG 20 38 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 20 38 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 38 0413 © Insurance Services Office, Inc., 2012 Page 2 of2 Policy: SFl 7CGL160806IC COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Thomas Theaker, President (print name/title) Page _1 _ of _1 _ pages of this Re Debarment form ·'. ~ Revised 7/19/17 Contract No. 6049-17 Page 24 of 126 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1 or 3 above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _1_ of _1_ pages of this Disclosure of Discipline form a ~ Revised 7/19/17 Contract No. 6049-17 Page 25 of 126 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 1) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. N/A (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Thomas Theaker, President (print name/title) Page _1_ of _1_ pages of this Disclosure of Discipline form a .., Revised 7/19/17 Contract No. 6049-17 Page 26 of 126 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 The undersigned declares: I am the President Ramona Paving and Of Construction Corporation , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and corr a~d that this declaration is executed on November 30th 0_1 _,_ at mon~ [city], CA [state]. Thomas Theaker l' ..,-Revised 7/19/17 Contract No. 6049-17 Page 27 of 126 Pages oc::a jl(l'All1MClftofr.OlflMJMUtAl•,\IIIC CONTRACJQRS STAJ~'LICENSt BOARD ACTIVE LICENSE ,,.~,--.. ~~ 795526 ,,.,.CORP ) '"'"'""""· RAMONA PAVING AND . ,CONSTRUCTIQN,CORPORATION . . . . ,~"'"~'"''" A 8 HAZ C12 ,~·' ·,.,,.,,.,.,,w, 06ii~/2(l19 CONTRACT PUBLIC WORKS This agreement is made this / Z>+"'--day of Sa\(\ lA9'r:'.~ , 2012,_, by and between the City of Carlsbad, California, a municipal corpion, (hereinafter called "City"), and Ramona Paving and Construction Corporation, whose principal place of business is 1303 Olive Street, Ramona, CA 92065 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about l' •+' Revised 7/19/17 Contract No. 6049-17 Page 28 of 126 Pages underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure l' •+;' Revised 7/19/17 Contract No. 6049-17 Page 29 of 126 Pages of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $2,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be l' •+;' Revised 7/19/17 Contract No. 6049-17 Page 30 of 126 Pages evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self- insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy# 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. ,, •+;' Revised 7 /19/17 Contract No. 6049-17 Page 31 of 126 Pages 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. ~ init init ---- 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. l'\ -~ Revised 7/19/17 Contract No. 6049-17 Page 32 of 126 Pages 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill l' •+;' Revised 7/19/17 Contract No. 6049-17 Page 33 of 126 Pages 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CITY OF CARLSBAD a municipal corporation of the State of C ifor ia ATTEST: By:--------------- (sign here) (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attorney By De~~ {'\ •+;' Revised 7 /19/17 Contract No. 6049-17 Page 34 of 126 Pages Callfomla All-Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego S.S. On December 8, 2017 personally appeared __ T_h_om_as_T_h_e_a_k_er __________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-s) is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(-ies}, and that by his/her/their signature(s-) on the instrument the person(-s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of City of Carlsbad -ADA Improvement Program -Authorized Signatory containing __ pages, and dated ________ _ The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-fact ~ Corporate Officer(s) President -------------- D Guardian/Conservator D Partner -Limrted/General D Trustee(s) D Other: ________________ _ representing: Addlttooal lnformatlbn : M.~thod of Sigr,er Identification Proved to me on the basis of satisfactory evidence: D form(s) of identification D credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: ________ _ Other D Additional Signer D Signer(s) Thumbprints(s) o ___________ _ Ramona Paving & Construction Corp. 1303 Olive St. Ramona, CA. 92065 Authorized Signatory City of Carlsbad Project# and Title: ADA Improvement Program/ Contract No. 6049-17 Company: Ramona Paving and Construction Corporation Address: 1303 Olive Street City, State, Zip+ 4: Ramona, CA 92065-1826 Date: December 19, 2017 Subject: Authorized Signatory To affirm signatory authorization, or to delegate signatory authorization, the persons identified below must be owners or officers of the company. If delegating signatory authorization, both names must appear and remain current. ( 1) / rint Name of Au ( \___ President Title of Authorized Signatory (2) Print Name of Authorized Signatory Signature of Authorized Signatory Title of Authorized Signatory Bond No. 1001028457 *Premium Included In Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Ramona Paving and Construction Corporation (hereinafter designated as the "Principal"), a Contract for: ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Ramona Paving and Construction Corporation, as Principal, (hereinafter designated as the "Contractor''), and U.S. Specialty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of SIX HUNDRED TWENTY THOUSAND TWO HUNDRED SIXTY SIX Dollars ($620,266), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those pemons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. ('\ fl Revised 7/19/17 Contract No. 6049-17 Page 35 of 126 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this -1/.._..q __ day of ]1Qe,u.br , 20J!l_. CONTRACTOR: By: -- (sign here) -----------------(print name here) (tiiie a.nr.l organization of signatory) Executed by SURETY this __ 19 __ day of _______ D_e_ce_m_b_er_, 20_17 __ . SURETY: U.S. Specialty Insurance Company {name of Surety) 601 South Figueroa Street, Suite 1600; Los Angeles, CA 90017-5721 (address of Surety) (619) 702-8368 ~urety) :::ii.fact) y: / r Bart Stewart, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.} APPROVED AS TO FORM: CELIA A. BREWER CityAttornu By: . ~ Deputy City Attorney (' ti Revised 7/19117 Contract No. 6049-17 Page 36 of 126 Pages POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas '')nding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland Jrporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Bart Stewart or Molly Cashman of Encinitas, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Ten Million****** Dollars ($ **10,000,000.00**). This Power of Attorney shall expire without further action on November 3, 2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following prov1s1ons: Allorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or tcrn1inating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of November, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY By: Daniel P. Aguilar, Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this I st day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sigo,<ure ~= (Scal) I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthennore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, l have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this l~-1-~ day of :Vt.lRft\W.( , 1.017. _ti:) -~ Corporate Seals ,,,,,,~~~~·r·~~:;,,,,,,, ,,,,ts"s'ut;,,., ,,,,,,~'~'!~'~',,,,,, ,,,<~'\~':'~1/~i,,,,,, ~ ~ //"' . 4,~~ /:,.;,.. ~if\\ ~-2_-_i.~ .. oti. . .. co~.:.-i_-_=c-_=_= lt-'~···· t~t Bond No. \00\0..,, .i'Jfj~1 ~-.,,~,°',~, .. i..· .. ~·:·N·E,c.~:~~~.E.'°.D .. ~·:··c,.1:_~,~-·"! ~~: '' :~~ ~-:-' ;(/). Y' A ·~,: l«.,."-b-,~ ~..., . .,~ i;_~_~,~.,··,··· .... ···~,,~'.? ~?· s ;-.._g Agency No. 10541 ,,,,., c4t······~,t-, ... ,... ~--;.. ,:./ %,,~,·,itoF·1\.i-,··,f ... ~ %~ .. ,,,,~~,.,·,,·,·,·,,.,·,,,,,,·,·,,~~~, ...... / 1"111111,~f1?i~1\''\""' 11'1111mt1111''\''' '1111111m1111' Kio Lo, Assistant Secretary ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Diego } On 11. / 1'. / 11 before me, Brittany Aceves, Notary Public --~-~---------------(""'H""'e,,;--e "'ins::-::e7rt""'na==m==e~a=-=nd"'ti""tle:-:o""I t"'he::co"'ll"",ce=-=r)r------ personally appeared _B_a_rt_S_t_e_w_a_rt __________________ _ who proved to me on the basis of satisfactory evidence to be the person(&) whose name(-s-)(@are subscribed to the within instrument and acknowledged to me that ~he/they executed the same in~er/their authorized capacity(ies), and that by @:!'ther/their signature(&) on the instrument the person(&), or the entity upon behalf of which the person(s} acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. apd ~fficif'se)a ii-, .,, .,, / __ ,,. BRITT ANY ACEVES Commission No. 2218230 ~ NOTARY PUBLIC-CALIFORNIA] SAN DIEGO COUNTY ~ Commission Expires October 14, 2021 \ (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) 0 Other----,--------- 201 Version v-tvw1.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form comphes with current California statutes regarding notary wording and, if needed. should be completed and attached to the document. Ackno/wedgentsfrom other states may be completed for documents being sent to that state so long as the wording does not require the California nota,y to violate California nota,y law. • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fonns (i e. he/she/tliey,-is /are) or circling the correct fonns. Failure to correctly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area pennits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •:• Additional infonnation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •:• Indicate title or type of attached document, number of pages and date. •:• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Callfomla All-Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego S.S. On December 8, 2017 before me, Annette M. Hathaway I Notary Public personally appeared -"""T=h-=om=as=--T=h=e=a=k=er'-------------------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(-ies}, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s-) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of City of Carlsbad -ADA Improvement Program -Labor & Materials Bond containing __ pages, and dated ________ _ The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-fact ~ Corporate Officer(s) President -------------- D Guardian/Conservator D Partner -Lim~ed/General D Trustee(s) D Other: ________________ _ representing: _______________ _ 0) .ANNETTE M": WITHAWAYf COMM.# 2128044 C) •• • NOTARY PUBLIC • CALIFORNIA G) SAN DIEGO COUNTY 0 ~ <><> V V ~M!. ~'!~ ~-~}~2~{ Additional lntormalon "!, Method of Signer Identification Proved to me on the basis of satisfactory evidence: D form(s) of identification D credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: ________ _ Other D Additional Signer D Signer(s) Thumbprints(s) o ___________ _ Bond No. 1001028457 *Premium: $9,703.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Ramona Paving and Construction Corporation (hereinafter designated as the "Principal"), a Contract for: ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, Ramona Paving and Construction Corporation, as Principal, (hereinafter designated as the "Contractor"), and U.S. Specialty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of SIX HUNDRED TWENTY THOUSAND TWO HUNDRED SIXTY SIX Dollars ($620,266), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. ft f.1 Revised 7/19/17 Contract No. 6049-17 Page 37 of 126 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this Jq C#v day of ]eC'ehl.~RL , 20 17 CONTRACTOR: (sign here) ~ ~65 ~eo •• k."1r (print name here) By: (sign here) {print name here) (Title and Organization of signatory) Executed by SURETY this~ day of December , 20 17 -- SURETY: U.S. Specialty Insurance Company (name of Surety) 601 South Figueroa Street, Suite 1600; Los Angeles, CA 90017-5721 (address of Surety) (619) 702-8368 (telephone nu (signature of Attorney-in-Fact) Bart Stewart, Attorney-in-Fact (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney Deputy City Attorney -~ \..J Revised 7/19/17 Contract No. 6049-17 Page 38 of 126 Pages POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED ST A TES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas 'onding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland Jrporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Bart Stewart or Molly Cashman of Encinitas, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Ten Million****** Dollars ($ **10,000,000.00**). This Power of Attorney shall expire without further action on November 3, 2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be ii Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day ofNovember, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY By: Daniel P. Aguilar, Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this 1st day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s;gaaruc, ~~ (Seal) I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. Bond No. tOO\O"l.4451 Agency No. ~-1_05_4_1 __ Kio Lo, Assistant Secretary 1· ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Diego } On _rt.._/_,_4~/_,_1 ____ before me, _B_rit.:...;_ta'-n_.y'-A_c_;_e.:...;_v....,;ce.,.c:.s"-.-, =N=o=ta,,..,.ry~P=-u=b=lic....,.,,,.,.,c,c--__ _ (Here insert name and title of the officer) personally appeared _B_a_rt_S_te_w_a_rt __________________ _ who proved to me on the basis of satisfactory evidence to be the person(&) whose name(~)(@are subscribed to the within instrument and acknowledged to me that ~he/they executed the same in@ler/their authorized capacity(ies), and that by ~er/their signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT {Title or description of attached document) {Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) 0 Other __________ _ 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding no/GI)' wording and, if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect form,; (i e t1e/she/they;-is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment fom .. • Signature of the notary public must match the signature on file with the office of the county clerk. •:• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •:• Indicate title or type of attached document, number of pages and date. •:• Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Callfomla All-Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego S.S. On December 8, 2017 personally appeared -~T~h~om~a~s _T=he=a=k=er~----------------- Pt who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-s) is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(-ies), and that by his/her/their signature(s) on the instrument the person(-s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of City of Carlsbad -ADA Improvement Program -Faithful Performance Bond containing __ pages, and dated ________ _ The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-fact ~ Corporate Officer(s) _P_r_e_si_d_en_t _________ _ D Guardian/Conservator D Partner -Limtted/General D Trustee(s) D Other: ________________ _ representing: _______________ _ Additional Information , Method of Signer Identification Proved to me on the basis of satisfactory evidence: D form(s) of identification D credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: ________ _ Other D Additional Signer D Signer(s) Thumbprints(s) o ___________ _ OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address -----------------------------is hereinafter ------------------------------ca 11 e d "Contractor" and whose -----------------------address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for ADA IMPROVEMENT PROGRAM CONTRACT NO. 6049-17 in the amount of ____________ dated _______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. ,, •fr' Revised 7/19/17 Contract No. 6049-17 Page 39 of 126 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: For Contractor: For Escrow Agent: ,, •+;' Revised 7/19/17 Title FINANCE DIRECTOR ------~~~~~~~~--- Name ----------------- Signature ______________ _ Address 1635 Faraday Avenue, Carlsbad, CA 92008 Title ----------------- Name ---------------- Signature ______________ _ Address ---------------- Title ----------------- Name ---------------- Signature ______________ _ Address ---------------- Contract No. 6049-17 Page 40 of 126 Pages At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR -----------'-"'-"'--'"""--=""'-'------- Name ----------------- Signature ______________ _ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title ----------------- Name ________________ _ Signature ______________ _ Address _______________ _ For Escrow Agent: Title ----------------- Name ----------------- Signature ______________ _ Address _______________ _ ,, •+;' Revised 7/19/17 Contract No. 6049-17 Page 41 of 126 Pages GENERAL PROVISIONS FOR CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS -Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency -The City of Carlsbad, California. ,, -~ Revised 9/28/17 Contract No. 6049-17 Page 42 of 126 Agreement -See Contract. Assessment Act Contract -A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder -Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract -A Contract financed by means other than special assessments. Change Order -A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract -The written agreement between the Agency and the Contractor covering the Work. Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor -The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price -The total amount of money for which the Contract is awarded. l' •+;' Revised 9/28/17 Contract No. 6049-17 Page 43 of 126 Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. County Sealer -The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier -Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer -A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer -A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire -The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm -The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. ('\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 44 of 126 Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract -Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector -The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal -See Bid. Reference Specifications -Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway -The portion of a street reserved for vehicular use. Service Connection -Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer -Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications -General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans -Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications -The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State -State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Street -Any road, highway, parkway, freeway, alley, walk, or way. Subbase -A layer of specified material of planned thickness between a base and the subgrade. Subcontractor -An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. ,~ •+;' Revised 9/28/17 Contract No. 6049-17 Page 45 of 126 Subgrade -For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety -Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne -Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility -Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work -That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. ,, •ti Revised 9/28/17 Contract No. 6049-17 Page 46 of 126 1-3.2 Common Usage Abbreviation Word or Words Abbreviation Word or Words ABAN ............................................................. Abandon DBL .................................................................. Double ABAN D ....................................................... Abandoned OF ............................................................... Douglas fir ABS ........................ Acrylonitrile -butadiene -styrene DIA ................................................................ Diameter AC .................................................... Asphalt Concrete DIP ..................................................... Ductile iron pipe ACP ........................................... Asbestos cement pipe DL ............................................................... .Dead load ACWS ..................... Asphalt concrete wearing surface DR ...................................................... Dimension Ratio ALT ................................................................ Alternate DT ................................................................ .Drain Tile APTS ................................. Apartment and Apartments DWG ............................................................... Drawing AMER STD ................................... American Standard DWY .............................................................. Driveway AWG ............... American Wire Gage (nonferrous wire) DWY APPR ................................... Driveway approach BC .................................................. Beginning of curve E ....................................................................... Electric BCR ....................................... Beginning of curb return EA ........................................................................ Each BORY ............................................................ Boundary EC ............................................................ End of curve BF ..................................................... Bottom of footing ECR ................................................ End of curb return BLDG ........................................ Building and Buildings EF ................................................................ Each face BM ............................................................. Bench mark EG ......................................................... Edge of gutter BVC .................................... Beginning of vertical curve EGL .................................................. Energy grade line 8/W ........................................................... Back of wall El ................................................................... Elevation CIC ..................................................... Center to center ELC ..................................... Electrolier lighting conduit CAB ...................................... Crushed aggregate base EL T ........................................................ Extra long ton CAL/OSHA ............ California Occupational Safety and ENGR ....................................... Engineer, Engineering Health Administration EP ................................................... Edge of pavement CalTrans ....... California Department of Transportation ESMT ........................................................... Easement CAP .................................... Corrugated aluminum pipe ETB .......................................... Emulsion-treated base CB ............................................................. Catch Basin EVC ............................................... End of vertical curb Cb ........................................................................ Cu~ EWA ............................... Encina Wastewater Authority CBP ............................... Catch Basin Connection Pipe EXC ............................................................ Excavation CBR ....................................... California Bearing Ratio EXP JT ................................................. Expansion joint CCR ............................ California Code of Regulations EXST ............................................................... Existing CCTV ............................................... Closed Circuit TV F .................................................................. Fahrenheit CES .......................... Carlsbad Engineering Standards F&C ................................................... Frame and cover CF ................................................................ Curb face F&I .................................................. Furnish and install CF ................................................................ Cubic foot FAB ............................................................... Fabricate C&G .................................................... Curb and gutter FAS ............................................... Flashing arrow sign CFR ................................ Code of Federal Regulations FD ............................................................... Floor drain CFS ......................................... Cubic Feet per Second FON ............................................................ Foundation CIP ......................................................... Cast iron pipe FED SPEC ................................. Federal Specification GIPP ................................................ Cast-in place pipe FG ........................................................ Finished grade CL ............................................. Clearance, center line FH ............................................................. Fire hydrant CLF .................................................... Chain link fence FL ................................................................... Flow line CMB ............................... Crushed miscellaneous base FS ...................................................... Finished surface CMC ......................................... Cement mortar-coated FT-LB ......................................................... Foot-pound CML ............................................ Cement mortar-lined FTG .................................................................. Footing CMWD .................... Carlsbad Municipal Water District FW ............................................................ Face of wall CO .................................................... Cleanout (Sewer) G ........................................................................... Gas COL .................................................................. Column GA ..................................................................... Gauge COMM ....................................................... Commercial GAL ............................................... Gallon and Gallons CONG ........................................................... Concrete GAL V ......................................................... Galvanized CONN ........................................................ Connection GAR ........................................... Garage and Garages CONST .................................. Construct, Construction GIP .............................................. Galvanized iron pipe COO RD ...................................................... Coordinate GL ........................................ Ground line or grade line CSP ............................................ Corrugated steel pipe GM .............................................................. Gas meter CSD ............................... Carlsbad Standard Drawings GNV ............................................... Ground Not Visible CTB ............................................ Cement treated base GP .................................................................. Guy pole CV ............................................................ Check valve GPM ................................................ gallons per minute CY ............................................................... Cubic yard GR ...................................................................... Grade D .............................................................. Load of pipe GRTG ............................................................... Grating dB ................................................................... Decibels GSP ........................................... Galvanized steel pipe {'\ -~ Revised 9/28/17 Contract No. 6049-17 Page 47 of 126 H ............................................................ High or height Pl. ................................................. Point of intersection HB .................................................................. Hose bib PL. ............................................................ Property line HG ................................................... House connection PMB ............................ Processed miscellaneous base HOWL ........................................................... Headwall POC ...................................................... Point on curve HGL. ............................................. Hydraulic grade line HORIZ .......................................................... Horizontal POT .................................................... Point on tangent pp .............................................................. Power pole HP ............................................................. Horsepower HPG ................................................ High pressure gas HPS ................................ High pressure sodium (Light) HYDR ............................................................ Hydraulic IE ......................................................... Invert Elevation ID ........................................................ Inside diameter INCL ............................................................... Including INSP ............................................................. lnspection INV ...................................................................... Invert IP .................................................................... Iron pipe JC ..................................................... Junction chamber JCT ................................................................. Junction JS ..................................................... Junction structure ~ ......................................................................... J~~ L ........................................................................ Length LAB ............................................................. Laboratory LAT ................................................................... Lateral LB ...................................................................... Pound LO ..................................................... Local depression LF ................................................................ Linear foot LH ............................................................... Lamp hole LL ................................................................... Live load LOL ............................................................. Layout line LONG ........................................................ Longitudinal LP ................................................................ Lamp post LPS ................................. Low pressure sodium (Light) LS ................................................................ Lump sum L TS .................................................... Lime treated soil LWD ............................... Leucadia Wastewater District MAINT ..................................................... Maintenance MAX ............................................................. Maximum MGR ............................................ Middle of curb return MEAS ............................................................. Measure MH ................................... Manhole, maintenance hole MIL SPEC .................................... Military specification MISC ..................................................... Miscellaneous MOD ................................................... Modified, modify MON ............................................................ Monument MSL.. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine MUL T ............................................................... Multiple MUTCD ..... Manual on Uniform Traffic Control Devices MVL. .............................................. Mercury vapor light NCTD .............................. North County Transit District NRCP .............................. Nonreinforced concrete pipe OBS ............................................................... Obsolete OC ................................................................ On center OO ..................................................... Outside diameter OE .............................................................. Outer edge OHE ................................................ Overhead Electric OMWD ................. Olivenhain Municipal Water District OPP ............................................................... Opposite ORIG ................................................................ Original PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature PCVC ....................... Point of compound vertical curve PE ........................................................... Polyethylene PRC .......................................... Point of reverse curve PRVC ............................ Point of reverse vertical curve PSI ......................................... Pounds per square inch PT .................................................... Point of tangency PVC .................................................. Polyvinyl chloride PVMT ........................................................... Pavement PVT R/W ....................................... Private right-of-way Q ........................ Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius R&O ......................................................... Rock and oil R/W .......................................................... Right-of-way RA ...................................................... Recycling agent RAC ................................... Recycled asphalt concrete RAP ................................ Reclaimed asphalt pavement RBAC ............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete RCB ...................................... Reinforced concrete box RCE ...................................... Registered civil engineer RCP ..................................... Reinforced concrete pipe RCV ........................................... Remote control valve REF ............................................................. Reference REINF .............................. Reinforced or reinforcement RES ............................................................... Reservoir RGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR ................................................................... Railroad RSE .............................. Registered structural engineer RTE .................................... Registered traffic engineer S .................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SD ............................................................. Storm drain SDNR .............................. San Diego Northern Railway SOR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD ......... San Diego Regional Standard Drawings SE ...................................................... Sand Equivalent SEC .................................................................. Section SF ............................................................. Square foot SFM ................................................ Sewer Force Main SI. ...................... International System of Units (Metric) SPEC ..................................................... Specifications SPPWC .......................................... Standard Plans for Public Works Construction SSPWC ............................. Standard Specifications for Public Works Construction ST HWY ................................................ State highway ST A ................................................................... Station STD ............................................................... Standard STR .................................................................. Straight STR GR ................................................ Straight grade STRUC .......................................... Structural/Structure SW ................................................................. Sidewalk SWD ...................................................... Sidewalk drain SY ............................................................ Square yard T .................................................................. Telephone TAN ................................................................. Tangent TC .............................................................. Top of curb TEL ............................................................. Telephone {'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 48 of 126 TF ........................................................... Top of footing VC .......................................................... Vertical curve TOPO ........................................................ Topography VCP ................................................... Vitrified clay pipe TR ........................................................................ Tract VERT ............................................................... Vertical TRANS ......................................................... Transition VOL .................................................................. Volume TS ......................... Traffic signal or transition structure VWD ....................................... Vallecitos Water District TSC ............................................. Traffic signal conduit W ........................ Water, Wider or Width, as applicable TSS ........................................... Traffic signal standard WATCH .............. Work Area Traffic Control Handbook TW .............................................................. Top of wall WI ............................................................ Wrought iron TYP .................................................................. Typical WM ........................................................... Water meter UE .............................................. Underground Electric WPJ .......................................... Weakened plane joint USA .................................... Underground Service Alert XCONN ............................................ Cross connection VAR ..................................................... Varies, Variable XSEC ..................................................... Cross section VB ................................................................ Valve box 1-3.3 Institutions. Abbreviation Word or Words MSHTO ................. American Association of State Highway and Transportation Officials AISC .................................................................... American Institute of Steel Construction ANSI ...................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................ American Railway Engineering Association ASTM ............................................................ American Society for Testing and Materials AWPA. ................................................................ American Wood Preservers Association AWS ........................................................................................ American Welding Society AWWA. ...................................................................... American Water Works Association FHWA. ............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute NEMA ......................................................... National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL .................................................................................... Underwriters' Laboratories Inc. USGS ............................................................................. United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. ,, • ., Revised 9/28/17 Contract No. 6049-17 Page 49 of 126 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) .................................................................................... 25.4 micrometer (µm) 1 inch (in) .............................................................................................. 25.4 millimeter (mm) 1 inch (in) .............................................................................................. 2.54 centimeter (cm) 1 foot (ft) ................................................................................................ 0.3048 meter (m) 1 yard (yd) ............................................................................................. 0.9144 meter (m) 1 mile (mi) ............................................................................................. 1.6093 kilometer (km) 1 square foot (ft2) .................................................................................. 0.0929 square meter (m2) 1 square yard (yd2) •.•.••..•...............••.•.•...........•.•..•...........•.•..•............•.•. 0.8361 square meter (m2) 1 cubic foot (ft3) ..................................................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) .................................................................................. 0.7646 cubic meter (m3) 1 acre .................................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ................................................................................. 3.7854 Liter (L) 1 fluid ounce (fl. oz.) .............................................................................. 29.57:35 millileter (ml) 1 pound mass (lb) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................. 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................ 0.907:2 Tonne (= 907 kg) 1 Poise .................................................................................................. 0.1 pascal· second (Pa· s) 1 centistoke (cs) .................................................................................... 1 square millimeters per second (mm2/s) 1 pound force (lbf) ................................................................................ .4.4482 Newton (N) 1 pounds per square inch (psi) ............................................................. 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) ................................................................. 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) ....................................................................... 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) ............................................... 1.3558 Watt (W) 1 part per million (ppm) ......................................................................... 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ....................................................................... .Degree Celsius (°C): °F = (1.8 x °C) + 32 ............................................................................... °C = (°F -32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kilo (k) .................................................................................................... 103 centi (c) .................................................................................................. 10-2 milli (m) .................................................................................................. 10-3 micro(µ) ................................................................................................ 1 o-6 nano (n) ................................................................................................. 1 o-9 pico (p) .................................................................................................. 10-12 {'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 50 of 126 1-5 SYMBOLS Li L. % ' I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line ,, •+;' Revised 9/28/17 Contract No. 6049-17 Page 51 of 126 SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. {'\ • ., Revised 9/28/17 Contract No. 6049-17 Page 52 of 126 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. {'\ • .., Revised 9/28/17 Contract No. 6049-17 Page 53 of 126 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of two drawing sets entitled ADA Improvement Program, Contract No. 6049-17. This sets are designated as City of Carlsbad Drawing No. 506-3 & 506-4 and consists of 22 sheets and 10 sheets, respectively. The standard drawings used for this project are the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad, and the San Diego Regional Standard Drawings (SDRSD). Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. ,, •+;' Revised 9/28/17 Contract No. 6049-17 Page 54 of 126 The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CAL TRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation ,, •ti' Revised 9/28/17 Contract No. 6049-17 Page 55 of 126 to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By:--------------- Date: -------------- Title: -------------- Company Name: ----------------------------- {'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 56 of 126 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 {A} Item ctlon ·.Title Subject · ber ,<',: '+ 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Polyethylene Liner Installation Facilities 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wirin Dia rams Traffic Si nal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. ,, •ti Revised 9/28/17 Contract No. 6049-17 Page 57 of 126 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be paid for by as a stipulated amount as shown on the BID SCHEDULE and no additional compensation will be allowed. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. The Contractor shall not allow his employees to use private property for any reason or to use water or electricity from such property without written permission from the owner. The Contractor shall provide evidence of such permission in writing to the Engineer before entering upon such lands. In performing any work or doing any activity on lands outside the public rights-of-way, the Contractor shall comply with all applicable Federal, state and local laws, ordinances, codes and regulations. The Contractor shall indemnify and hold the Agency, its officials, officers, employees, and agents free and harmless from all claims or suits for damages occasioned by such work or ('\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 58 of 126 activity, whether done according to this subsection and with permission from the owner or in violations of this subsection without permission from the owner. For all projects, the Contractor shall be fully responsible for locating and obtaining permission to use construction storage area(s) and stockpile site(s). Where the Contractor may find it advantageous to use private property, it shall arrange for its use. The Contractor shall assume full responsibility for its rental, preparation, maintenance and cleanup in a manner satisfactory to the Agency and the property owner. 2-8.1 Payment. Payment for acquiring, using, and restoring staging areas and facilities temporarily required shall be included in the various items of work and no additional compensation will be allowed therefore. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by§§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8½" by 11 ") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared ,, •+;' Revised 9/28/17 Contract No. 6049-17 Page 59 of 126 in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 -8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survHy monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.3 Payment for Survey. Payment for work performed to satisfy the requirements of Sections 2-9.1 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. {'\ •+' Revised 9/28/17 Contract No. 6049-17 Page 60 of 126 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. {'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 61 of 126 SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. ,, •+;' Revised 9/28/17 Contract No. 6049-17 Page 62 of 126 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. ,, •+;' Revised 9/28/17 Contract No. 6049-17 Page 63 of 126 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the actual use of the tool or equipment. The right- of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. {'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 64 of 126 (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures . . 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. {b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. {'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 65 of 126 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further ,, •+;' Revised 9/28/17 Contract No. 6049-17 Page 66 of 126 understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." Title: By: ____________ _ -------------- Date: --------------- Company Name: ___________________________ _ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 1 0 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: {'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 67 of 126 ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b )( 1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b )(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. ( d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a {'\ •+; Revised 9/28/17 Contract No. 6049-17 Page 68 of 126 meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 ( commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 ( commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. ,, • ., Revised 9/28/17 Contract No. 6049-17 Page 69 of 126 SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, ,, •+; Revised 9/28/17 Contract No. 6049-17 Page 70 of 126 Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after ('\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 71 of 126 improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1. 7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. ,, -~ Revised 9/28/17 Contract No. 6049-17 Page 72 of 126 The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the {'\ •fl' Revised 9/28/17 Contract No. 6049-17 Page 73 of 126 committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. ,, •+;' Revised 9/28/17 Contract No. 6049-17 Page 74 of 126 SECTION 5 -UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. ('\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 75 of 126 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2006 Edition, Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with {'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 76 of 126 the temporary omIssIon. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. ('l •+;' Revised 9/28/17 Contract No. 6049-17 Page 77 of 126 SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within seven (7) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. ,, •+;' Revised 9/28/17 Contract No. 6049-17 Page 78 of 126 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on- site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2. 7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. ,, •+f Revised 9/28/17 Contract No. 6049-17 Page 79 of 126 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1 . The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6- 1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule ,, •f' Revised 9/28/17 Contract No. 6049-17 Page 80 of 126 Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. ('\ •tr Revised 9/28/17 Contract No. 6049-17 Page 81 of 126 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1.4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes Stormwater Pollution Prevention: Demolition of Existing Improvements within; Installation and Maintenance of Traffic Control; Demolition; Staging; Clearing and grubbing; minor site grading; Re-construction of storm drain inlet top; PCC curb & gutter; PCC Sidewalk; PCC Cross-Gutter; PCC pedestrian ramp; Sidewalk tile work; Class 2 aggregate base and asphalt concrete pavement restoration; Post- Construction BMP for Water Quality Improvement; signing and striping; Preparation of Record Drawings. 6-2.2.3 Night Work. For the ADA IMPROVEMENT PROGRAM PROJECT, work within the downtown area that will have an unavoidable impact on traffic at major intersections ('\ • ., Revised 9/28/17 Contract No. 6049-17 Page 82 of 126 and/or access to retail businesses shall be done at night, at no additional compensation. Night work shall be confined to the hours between 8:00PM and 5:00AM, Sunday night through Friday morning, except holidays and any exceptions allowed by the AGENCY, and shall not be allowed within 300' of any residential units. Remaining work that can be done during the day shall be performed during the week between the hours of 7:00AM and 4:00PM, Monday morning through Friday evening, except holidays and any exceptions allowed by the AGENCY. Refer to Subsection 7-10 ("PUBLIC CONVENIENCE AND SAFETY.") in these Specifications for specific traffic control, construction phasing, and detouring requirements for various streets included in this project. The Contractor's Traffic Control Plan shall list the Working Days and Hours scheduled for each street, as described in these Specifications. 6-2.3 Project Meetings. The Engineer will establish the time and location of Project Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under section 7-6, "The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice {'\ • .., Revised 9/28/17 Contract No. 6049-17 Page 83 of 126 to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. (' -~ Revised 9/28/17 Contract No. 6049-17 Page 84 of 126 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete all portions of the Work, including Punch list items, in accordance with the terms and conditions of the Contract Documents. The Contractor shall diligently prosecute the work to completion within 100 (one hundred) Working Days after the starting date specified in the Notice to Proceed. During the course of construction of the Work, the Agency may require the Contractor to complete portions or phases of the Project, including backfill, compaction, testing, paving and site cleanup, before the Contractor will be allowed to proceed with other portions or phases of the Project. The specific requirements and limits, if necessary for this Contract, are either specified in the Special Provisions, shown on the construction drawings, or shall be determined by the Engineer. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. Any day designated as a holiday by the Agency, 4. Any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. Any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. Any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. Work {'\ •fr' Revised 9/28/17 Contract No. 6049-17 Page 85 of 126 that may have an unavoidable impact on businesses or traffic shall be done at nighttime, as per section 6.21 at no additional compensation. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. For the ADA IMPROVEMENT PROGRAM PROJECT, no work will be done by the contractor between Memorial Day and Labor Day between Roosevelt Street and to the west and Carlsbad Village Drive and to the north. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Other conditions such as special events, pedestrian access, and the presence of schools or other special traffic and pedestrian generating facilities may affect the working hours. Contractor shall work diligently with the City to minimize impacts. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. ,, •+;' Revised 9/28/17 Contract No. 6049-17 Page 86 of 126 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that five hundred dollars ($500.00). Per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. ,, •fr' Revised 9/28/17 Contract No. 6049-17 Page 87 of 126 SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. Full compensation for conforming to the requirements of this provision shall be considered as included in the contract price paid for various items of work and no additional compensation will be allowed therefore. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the {'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 88 of 126 provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor must submit a Storm Water Pollution Prevention Plan (SWPPP) (if required) to the Engineer for review and acceptance as required by the Regional Water Quality Control Board. The Contractor shall comply with all provisions of the permit throughout the course of the Work. The permit must be approved by the Engineer prior to starting work. The Contractor shall include all costs for obtaining and complying with the requirements of the permit in the various items of work, and no additional compensation will be paid. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a list of the representatives with local area codes and telephone numbers of at least two (2) persons in charge of or responsible for the Work, who can be reached for emergency work twenty-four (24) hours a day, seven (7) days a week. These representatives shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge {'\ •+f Revised 9/28/17 Contract No. 6049-17 Page 89 of 126 of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. {'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 90 of 126 Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. The Contractor and all Subcontractors are required to clean up the site on a daily basis to preserve the health safety or welfare of the public. This cleanup shall include, but not be limited to, the Contractor furnishing and operating a self-loading motorized street sweeper equipped with a functional water spray system or by hand (depending on the size of the daily job/cleanup), removal of all construction material that is no longer needed on the job site, daily removal of all construction rubbish/trash away from the job site, proper storage of all construction equipment including traffic control devices that are not in use. The sweeper shall clean all paved areas within the Work site and all paved routes at least once each working day for the purpose of keeping paved areas acceptably clean whenever construction, including restoration, is incomplete. It shall be the Contractor's responsibility to keep vehicle and pedestrian travel ways broom clean at all times. Failure to comply with these daily cleanup requirements may result in the Agency performing the cleanup work and deducting the cost from the Contractor's payment(s). 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. All cold milling equipment, sandblast pots over one-hundred pounds (100 lbs.), portable engines over fifty horsepower (50 HP), and auxiliary engines on construction equipment which are not used to drive equipment require permits from the San Diego County Air Pollution Control District (SDAPCD). The Contractor must obtain and maintain all required permits, and follow all permit requirements. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, ,, •+r' Revised 9/28/17 Contract No. 6049-17 Page 91 of 126 plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.6.2 Best Management Practices (BMPs). Prior to commencement of any land disturbance activities, the Contractor shall educate all employees, subcontractors, and suppliers about storm water pollution prevention and mitigation measures needed during various construction activities to prevent the impacts originating from construction discharges. The Contractor shall ensure that all personnel are periodically trained in storm water and urban runoff management. A list of attendees and copies of the educational materials shall be kept on file at the site and submitted to the City Engineer at the conclusion of each training session, upon request. The Contractor shall designate a qualified person who is trained and competent in the use of Best Management Practices (BMPs) and who shall be on the site daily to evaluate the conditions of the site with respect to storm water pollution prevention. This person shall ensure the implementation of the conditions of the City Storm Water Management Permit, erosion control plan, Contract Documents, and other State and local regulations and ordinances with respect to the control of erosion, sediment and other forms of water pollution, as well as other waste management regulations. The Contractor shall implement pollution control measures and BMPs to prevent the impounding of runoff, nuisance water, sediment movement, and debris movement from the construction site onto adjacent properties or from adjacent properties onto the construction site. If the City Engineer determines that the Contractor's measures are not adequate, the Contractor shall provide whatever additional measures are required to gain compliance. The Contractor shall protect with BMPs, such as gravel bags and filter fabric, all new and existing storm water conveyance system structures and other facilities from sedimentation or other related construction debris and discharges, or by any other equal product that is acceptable to the City Engineer. The Contractor shall schedule and conduct land disturbance operations, such as demolition, clearing, and grading, to minimize or avoid rainfall induced erosion and sediment discharges and prevent tracking at the construction site during ingress and egress. Water pollution control activities shall also consist of implementing good housekeeping BMPs to reduce the discharge of pollutants from construction sites. Such features as drainage gutters, slope protection blankets, and retention basins, if applicable to the site as described in the erosion control plan, shall be constructed prior to start of work. The Contractor shall prevent any discharge ,, •+;' Revised 9/28/17 Contract No. 6049-17 Page 92 of 126 of concrete rinse water or other pollutant into a storm water conveyance facility by using physical barriers. The Contractor shall show on the erosion control plan all water pollution, erosion control, and sediment control BMPs for the Work including the locations for concrete washout, vehicle maintenance, staging, dispensing of fuel, and storage areas. Further, the Contractor shall show all pollutant control measures or BMPs to be used to confine construction waste in designated areas, including construction entrance stabilization and wheel-wash measures to reduce the tracking or deposition of sediment onto public and private roads. During the dry season (May 1 through September 30 each year), the Contractor shall inspect at least monthly all pollutant control measures or BMPs installed to mitigate construction activities. During the rainy season (October 1 through April 30 each year), the Contractor shall inspect at least weekly all pollutant control measures, inspect before and after every rain event and every twenty-four (24) hours during any prolonged rain event. The Contractor shall implement the following water pollution control measures: (a) Minimum Water Quality Protection Requirements: (1) Eroded sediments and other pollutants must be retained on site and may not be transported from the Work site via sheet flow, swales, area drains, natural drainage, tracking by vehicles or equipment, or wind. Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as the limiting of grading scheduled during the rainy season; planting and maintenance of vegetation on slopes; and cover to prevent or minimize erosion of susceptible slopes. (2) Stockpiles of earth and other work-related materials must be protected from being transported from the site by wind or water. (3) Fuels, oils, solvents, and other toxic and non-toxic substances shall be stored in accordance with the manufacturers' instructions. All storage containers shall be protected from the weather. Fuels, oils, solvents, and other toxic substances originating from the Contractor's operations shall not be allowed to contaminate the soil, storm water or surface waters or enter the ground water or be placed where they will enter a live stream, channel, drain, or other water conveyance facility. (4) The Contractor may not wash excess or waste concrete onto the ground or into the public rights of way or any drainage system. Provisions shall be made to retain concrete wastes onsite with containment until it can be appropriately disposed of or recycled. (5) Trash and construction-related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. (6) Vehicle and equipment traffic shall not track sediments and other materials from the construction site. The Contractor must stabilize the entrance roadways to the construction site to inhibit sediments from being deposited into the public rights of ways. Accidental depositions must be swept up immediately and may not be washed down by rain or by any other means. All loose soil and debris shall be removed from street areas upon starting operations and periodically thereafter as directed by the City Engineer. ,, •ff Revised 9/28/17 Contract No. 6049-17 Page 93 of 126 (7) Non-storm water, wash water and runoff from equipment and vehicle washing and any other activity shall be contained at the construction site. (8) The Contractor shall protect all new and existing storm drain system structures from sedimentation, or other construction related debris and discharges with gravel bags and filter fabric or by any other equal product or measure acceptable to the City Engineer. Accumulated debris shall be cleaned up and properly disposed of by the Contractor to prevent the materials from entering or being carried into storm water conveyances. (9) When making sawcuts in pavement, use as little water as possible and perform during dry weather. Cover each storm drain inlet completely with filter fabric or plastic during the sawing operation and contain the slurry by placing straw bales, sandbags, or gravel dams around the inlets. After the liquid drains or evaporates, shovel or vacuum the slurry residue from the pavement or gutter and remove from site. Alternatively, a small onsite vacuum may be used to pick up the slurry as this will prohibit slurry from reaching storm drain inlets. (10)Pavement marking: • Schedule pavement marking activities for dry weather. • Develop paint handling procedures for proper use, storage, and disposal of paints. • Transfer and load paint and hot thermoplastic away from storm drain inlets. • Provide drop cloths and drip pans in paint mixing areas. • Properly maintain application equipment. • Street sweep all grindings. Yellow thermoplastic grindings may require special handling as they may contain lead. • Paints containing lead or tributyltin are considered a hazardous waste and must be disposed of properly. • Use water based paints whenever possible. If using water based paints, clean the application equipment in a sink that is connected to the sanitary sewer. • Properly store leftover paints if they are to be kept for the next job, or dispose of properly. (11) After the completion of the Work, the construction site shall be cleared of trash and debris and restored to a condition equal to or better than that existing before construction by completing all approved landscaping and permanent or post-construction sediment controls. (b) Erosion Control Plan Whenever it appears that the construction site will have grading during the rainy season, or as requested by the City Engineer, the Contractor shall be prepared to execute a rain event action plan based on implementation of BMPs as specified in the Project's Erosion Control Plan. The Contractor shall mark with a stencil, concrete stamp, or ceramic tile every storm drain inlet within the Project boundaries to indicate that no dumping is allowed in storm drainage facilities that discharge in the ocean. The stencil or tiles are available from the City Engineer, with five (5) Working Days advance notice. On curb inlets, the stencil shall be placed at the curb line on the inlet roof, the stamp should be placed on the inlet roof or in the sidewalk behind the inlet, and the tile shall be affixed to the gutter with pavement-marker adhesive or inset in the concrete in the center of the inlet opening. On catch basins, the stencil, stamp, and tile shall be placed or l'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 94 of 126 imprinted next to the inlet grate. Extra concrete may be required next to the grate to accommodate the stencil, stamp, or tile dimensions. 7-8.6.5 Payment. All costs for the work required to comply with the requirements of this subsection shall be included in the bid item for Storm Water Pollution Prevention Plan and Erosion Control as shown on the BID SCHEDULE. If no bid item is provided, the cost of the work required to comply with this subsection shall be considered as included in the prices bid for the various items of work. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. ,, •f' Revised 9/28/17 Contract No. 6049-17 Page 95 of 126 Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. ,, •+;' Revised 9/28/17 Contract No. 6049-17 Page 96 of 126 For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. Sidewalks through the work area may be closed temporarily as long as alternate pedestrian access through the adjacent area or on the opposite side of the street is available at ALL times. The work must be phased so that pedestrian access is maintained at ALL times along street segments and through intersections. This includes performing construction activities only one side of a street segment at a time or on one corner of an intersection at a time to ensure that pedestrian access through the street segment or the intersection is always maintained. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. ('\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 97 of 126 After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer ................................................................................. . 2) Carlsbad Fire Department Dispatch .............................................. . 3) Carlsbad Police Department Dispatch .......................................... .. 4) Carlsbad Traffic Signals Maintenance (extension 2937) ................ . 5) Carlsbad Traffic Signals Operations .............................................. . 6) North County Transit District. ......................................................... . 7) Waste Management ...................................................................... . (760) 602-2720 (760) 931-2197 (760) 931-2197 (760) 438-2980 (760) 602-2752 (760) 967-2828 (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2014 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to {'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 98 of 126 existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall maintain a safe buffer distance from any traffic lane occupied by traffic. The Contractor's equipment shall maintain a safe buffer distance from any traffic or pedestrians. Vehicular and pedestrian access shall be maintained through the project. One lane of travel on all affected streets shall remain open at all times for vehicular traffic. At any given intersection, pedestrian access across each street shall be maintained. If this is not possible, the contractor shall submit a traffic control plan to the Engineer for review and approval prior to implementation. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2014 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the {'\ • ., Revised 9/28/17 Contract No. 6049-17 Page 99 of 126 California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2014 Revision 1, as amended for use in California) published by CAL TRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. Traffic control plans (TCP) are included in the project plans for the curb ramps within the Caltrans right-of-way. There are no TCP prepared for the curb ramps in City of Carlsbad right- of-way. The Contractor shall prepare and submitted as a part of the Work for any and all construction activities that are located within the traveled way not included in the project plans. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. The Contractor may choose to modify, add to or supplement the TCP shown on the plans of the contract documents or substitute TCP to further its own interests. Such substitution shall be prepared in type and kind. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2014 Revision 1, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The {'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 100 of 126 preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control Plan & Traffic Control" will be based on the percentage of the improvement work completed. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.1.3 Safety for Night Work. The delineation of the Work that will need to be performed at night during certain phases of the Project shall be indicated on the Traffic Control Plans. The Contractor shall conduct all work in a safe manner, but shall provide additional safety measures at night to ensure the safety of the public, the work force, Agency and utility staff, and anyone else who passes through or works in the Project area. All light fixtures shall be mounted and directed in a manner precluding glare to approaching traffic. The Contractor shall submit a detailed written night work plan, which includes night-related traffic control equipment and materials, site safety rules, and safety training materials. {'\ •ti' Revised 9/28/17 Contract No. 6049-17 Page 101 of 126 Payment for performing all work necessary to provide safety measures for night work shall be included in the bid items for which night work is required. 7-10.4.1.4 Flood Lighting for Night Work. 7-10.4.1.4.1 General. 7-10.4.1.4.1 General. When Night Work is being performed flood lights shall be used to illuminate the Work Site, flagger stations, equipment crossings and other hazardous areas. The flood lighting shall provide enough light to illuminate flagger stations, equipment crossing sand other hazardous areas so they are visible for a distance of one-half (0.5) mile. Care shall be exercised to ensure that the flood lights do not shine into the eyes of oncoming traffic. Flood Lighting is not required when adequate street lighting systems are available and maintained as specified in Section 307 ("STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS.") 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. {'\ •tf Revised 9/28/17 Contract No. 6049-17 Page 102 of 126 (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. {'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 103 of 126 The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 -FACILITIES Not Used ,, •ti' Revised 9/28/17 Contract No. 6049-17 Page 104 of 126 SECTION 9 -MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it ,, • .., Revised 9/28/17 Contract No. 6049-17 Page 105 of 126 has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6- 10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall l'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 106 of 126 complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. (.'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 107 of 126 The written statement filed by the Contractor shall be iri sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, traffic loops, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at their expense. l'\ • ., Revised 9/28/17 Contract No. 6049-17 Page 108 of 126 The bid item descriptions listed below are provided for the convenience of the contractor only. The information listed in the specifications, supplemental provisions, and construction documents supersedes the following bid item descriptions: MOBILIZATION/DEMOBILIZATION (Bid Item No. 1) The not-to-exceed contract price paid for this bid item shall constitute full compensation for the costs of work in advance of and post construction operations that do not directly attribute to any specific bid item. SWPPP & EROSION CONTROL (Bid Item No. 2) This work shall include, but not be limited to, preparation of SWPPP, indicating necessary construction best management practices plans (BMPs) and implementation of water pollution measures, in strict accordance with the State Water Board, obtaining the necessary permits per latest regulations, prior to beginning of construction. Shall include full compensation for preparation of the SWPPP and implementation of water pollution measures, along with any incidentals to accomplish all the work as specified herein and no additional compensation shall be allowed. TRAFFIC CONTROL, TRAFFIC CONTROL PLAN & PUBLIC NOTIFICATION (Bid Item No. 3) This work shall include, but not be limited to, preparation and implementation of traffic control plans to the City and to Caltrans for any vehicular, bicycle or pedestrian closures, delineation, lighted barricades, flashing arrow boards and changeable message signs, signing for detours, traffic channelization, "No Parking" signs, public notifications and public safety, and notification letters and door hangers. The Traffic control plans shall be sealed by a registered Traffic Engineer or Civil Engineer in the State of California. Shall include full compensation for preparation and implementation of plans for traffic and pedestrian control and public notification, along with any incidentals to accomplish the work for the duration of the project, as specified herein and no additional compensation shall be allowed. TYPE A & B CURB RAMP PER SDRSD G-27, G-28 & G-29 (Bid Item No. 4) The contract unit price paid for this bid item shall constitute full compensation to remove PCC curb ramps and construct PCC curb ramps with truncated domes per San Diego Regional Standard Drawings G-27, G-28, G-30, G-31 and G-32 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new curb ramp, construction of Curb and Gutter, tile, and full compensation for furnishing all labor, materials, tools, equipment and incidentals for accomplishing the work as specified herein and no additional compensation shall be allowed. TYPE C CURB RAMP PER SDRSD G-29 (Bid Item No. 5) The contract unit price paid for this bid item shall constitute full compensation to remove PCC curb ramps and construct PCC curb ramps with truncated domes per San Diego Regional Standard Drawings G-29, G-30, G-31 and G-32 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new curb ramp, construction of Curb and Gutter, tile, and full compensation for furnishing all labor, materials, tools, equipment and incidentals for accomplishing the work as specified herein and no additional compensation shall be allowed. l'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 109 of 126 TYPE D CURB RAMP PER SDRSD G-31 (Bid Item No. 6) The contract unit price paid for this bid item shall constitute full compensation to remove PCC curb ramps and construct PCC curb ramps with truncated domes per San Diego Regional Standard Drawings G-30, G-31 and G-32 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new curb ramp, construction of Curb and Gutter, tile, and full compensation for furnishing all labor, materials, tools, equipment and incidentals for accomplishing the work as specified herein and no additional compensation shall be allowed. CAL TRANS ONE DIRECTIONAL CURB RAMP (Bid Item No. 7) The contract unit price paid for this bid item shall constitute full compensation to remove PCC curb ramps and construct PCC curb ramps with truncated domes per Caltrans 2015 Standard Plan A88A for case "C" and A88B for case "CM" in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new curb ramp, construction of type A2-6 Curb, 6" Curb & Gutter over 12" class 2 aggregate base per Caltrans 2015 Standard Plan A87 "A", and full compensation for furnishing all labor, materials, tools, equipment and incidentals for accomplishing the work as specified herein and no additional compensation shall be allowed. 10' WIDE TYPE A PASSAGEWAY (Bid Item No. 8) The contract unit price paid for this bid item shall constitute full compensation to remove PCC curb ramps and construct 1 0' wide PCC Type A Passageway with truncated domes per Caltrans 2015 Standard Plan A88B in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to passageway, construction of Curb and Gutter, tile, and full compensation for furnishing all labor, materials, tools, equipment and incidentals for accomplishing the work as specified herein and no additional compensation shall be allowed. 4" P.C.C. SIDEWALK PER SDRSD G-7, G-9, G-10 & G-11 (Bid Items No. 9) The contract unit price paid for this bid item shall constitute full compensation to remove and replace Type G-7 PCC sidewalk per San Diego Regional Standard Drawing G-7 adjacent to curb ramps to achieve ADA compliant slopes in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, and removing and replacing pavement adjacent to new concrete where necessary, and all other work and incidentals necessary to accomplish the work as specified herein and no additional compensation shall be allowed. SIDEWALK WITH TILE OVERLAY (Bid Items No. 10) The contract unit price paid for this bid item shall constitute full compensation to remove and replace Type G-7 PCC sidewalk per San Diego Regional Standard Drawing G-7 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of ('\ •tr Revised 9/28/17 Contract No. 6049-17 Page 110 of 126 adjacent public and private improvements and/or facilities, labor, tools, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, and removing and replacing pavement and brick tile overlay per manufacture's recommendation, adjacent to new concrete where indicated, and all other work and incidentals necessary to accomplish the work as specified herein and no additional compensation shall be allowed. See Appendix D for product information. EXPOSED AGGREGATE CONCRETE {Bid Items No. 11) The contract unit price paid for this bid item shall constitute full compensation to remove and replace Exposed Aggregate Concrete to match the existing exposed aggregate concrete at the intersections. The exposed aggregate concrete shall be sloped to ADA standard at the approach to each of the curb ramp. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, and removing and replacing pavement adjacent to new concrete where necessary, and all other work and incidentals necessary to accomplish the work as specified herein and no additional compensation shall be allowed. SPANDREL/CROSS GUTTER PER SDRSD G-12 (Bid Item No. 12) The contract unit price paid for this bid item shall constitute full compensation to remove and replace PCC spandrel/cross gutter per San Diego Regional Standard Drawing G-12 and Carlsbad Engineering Standards GS-9 and GS-10 in accordance with the specifications and contract improvements. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new concrete. The work for this item may be done simultaneously with adjacent curb ramp improvements, if applicable, and no additional compensation shall be allowed. ZERO INCH P.C.C. CURB IN PAVED AREA (Bid Item No.13) The contract unit price paid for this bid item shall constitute full compensation to construct zero face curb, as shown in the drawings in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new concrete. The work for this item may be done simultaneously with adjacent curb ramp improvements, if applicable, and no additional compensation shall be allowed. GRIND CONCRETE RAMP LIP PER DETAIL A (Bid Item No. 14) The contract unit price paid for this bid item shall constitute full compensation to grind concrete lip per Detail A on Plans. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, grinding, removals, and disposal of concrete. 3'X4' TRUNCATED DOMES (Bid Item No. 15) The contract unit price paid for this bid item shall constitute full compensation to install surface- mounted yellow detectable warning surfaces (truncated domes) on existing ramps per San Diego Regional Standard Drawings G-30 in accordance with the specifications and contract documents. This includes, but is not limited to, preparing existing ramp per manufacturer's instructions and installing truncated domes per manufacturer's instructions to achieve ADA compliance. ,, •+;' Revised 9/28/17 Contract No. 6049-17 Page 111 of 126 ADJUST CATCH BASIN TOP AT RAMP 259 (Bid Items No. 16) This work consist of the reconstruction of the catch basin top at ramp 259 to slope and become an integral part of the proposed curb ramp. The sloping catch basin inlet top shall be in accordance with SDRSD D-2, Type B to the lines, grades, and elevations shown in the Drawings. Shall include all labor, material, tools, and equipment and performing all work required for the Type B curb inlet top reconstruction, including but not limited to connections, earthwork, shoring, bracing, bedding, backfilling, compaction, materials testing, concrete, frames and covers, and all other work necessary to complete the curb inlet as described within the Contract Documents and no additional compensation shall be allowed. REPLACE EXISTING PULL BOXES (Bid Item No. 17) This work shall consist of removing the existing Pull Boxes within the limits of work, as shown on the Drawings, in accordance with City Standard Drawing GS-21 and Caltrans Standard Specifications. The replacement Pull Boxes shall be adjusted to match the new ramp/sidewalk and adjacent grades. The contract price for work under this item shall include but is not limited to furnishing all labor, tools, material, adjustment of wiring and cables, tools, and equipment and performing all work required for the pull box installation as described within the Contract Documents. Pull boxes vary in type (traffic signal, street light, etc.) ADJUST PEDESTRIAN PUSH BUTTON (Bid Item No. 18) This work shall consist of adjusting the pedestrian push buttons to 42" above the adjacent surface as described in Section 4E.08 of the MUTCD. All work related to adjust pedestrian push buttons on traffic signals shall be at the Contract Unit Price in the Bid, complete in place and fully functional and will include all work that is require, no additional compensation will be allowed. PEDESTRIAN BARRICADE & R49 SIGN (Bid Items No. 19) This work shall consist of the installation for pedestrian barricade and R49 sign at the pedestrian ramps adjacent to the interstate highway as shown on the Construction Drawings. The barricade and signs shall be installed per the MUTCD and to the satisfaction of Caltrans and City inspectors. Shall include full compensation for furnishing all labor, materials, tools, equipment, and all other work and incidentals necessary to accomplish the work as specified herein and no additional compensation shall be allowed. STRIPING (Bid Items No. 20) The contract lump sum price paid for this bid item shall constitute full compensation to furnish and install signing and striping in accordance with the specifications and contract documents. Shall include full compensation for the complete removal and installation of all paint or thermoplastic lines and raised pavement markers, symbols, markings and signage and furnishing all labor, materials, tools, equipment and incidentals to accomplish all the work as specified herein and no additional compensation shall be allowed. This lump sum bid item shall include all proposed striping shown on plans, and for all striping removed as part of the spandrel, cross gutter, and curb ramp removals. CLASS 2 AGGREGATE BASE (Bid Item No. 21) The contract unit price paid for this bid item shall constitute full compensation to install and compact Class 2 aggregate base as directed by the City. This price shall include removal and disposal of unwanted and unsuitable material and include cutting and removing roots as directed by the City. All work shall be in accordance with the city standards, specifications and contract documents. ,, •+; Revised 9/28/17 Contract No. 6049-17 Page 112 of 126 RECORD DRAWING (Bid Item No. 22) The contract stipulated price paid for this bid item shall constitute full compensation to keep and maintain, on the job site, a clean, accurate, full-size and legible print set of Project plans that indicate all changes in work, modifications and existing conditions that are different from what is shown on the Plans. The Contractor shall record the location and elevations of all surface improvements in the City of Carlsbad. For the improvements within the Caltrans Right-of-Way, the elevations of the ramps and sidewalk shall be surveyed in accordance with the Caltrans Encroachment Permit requirements. The survey shots shall be provided to the satisfaction of the Engineer, so minimum slopes can be verified. The Contractor shall record, by dimension and / or scale drawings, facilities as actually installed. All information necessary to maintain and / or service any concealed work shall be noted on the record drawings. Records shall be kept up to date. The Contractor shall make the Record Drawings available for review by the Engineer at any time and shall provide a clean final copy to the City at the end of the project. ,, •+i' Revised 9/28/17 Contract No. 6049-17 Page 113 of 126 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 -ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be crushed aggregate base (Section 200-2.2), crushed miscellaneous base (Section 200-2.4). Add the following section: 200-2.9 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11 /2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. Sieve Sizes 2" 11/2'' 1" 3/4" No. 4 No. 30 No.200 AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2'' Maximum Operating Range 100 90-100 50-85 25-45 10-25 2-9 QUALITY REQUIREMENTS Tests Resistance (R-value) Sand Equivalent Durability Index 3/4" Maximum Operating Range 100 90-100 35-60 10-30 2-9 Operating Range 78 Min. 25 Min. 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, ,, • ., Revised 9/28/17 Contract No. 6049-17 Page 114 of 126 placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 201 -CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A} (3l PORTLAND CEMENT CONCRETE Type of Construction Concrete Class All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) (1l Trench Backfill Slurry 115-E-3 (190-E-400) Street Light Foundations and Survey 330-C-23 Monuments ( 560-C-3250) Traffic Signal Foundations 350-C-27 (590-C-3750) Concreted-Rock Erosion Protection 31 0-C-17 (520-C-2500P) Maximum Slump mm (Inches} (2) 200 (8") 100 (4") 100 (4") per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2.4 Chemical Admixtures. (b} Accelerating Admixtures. Revise paragraph (b) of this subsection to read as follows: Calcium Chloride shall not be used as an admixture. Other accelerating admixtures shall conform to ASTM C 494, accelerating {Type C), or water-reducing and accelerating (Type E) admixtures, shall be approved by the Engineer prior to use. {'\ •+; Revised 9/28/17 Contract No. 6049-17 Page 115 of 126 {d) Air-entraining Admixtures. Revise paragraph (e) of this subsection to read as follows: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS. 201-3.1 General. Replace the second paragraph of this subsection with the following: All expansion joints shall be formed with joint filler and sealed with Type "A" two-part polyurethane sealant per Subsection 201-3.4 ("Type "A" Sealant {Two-Part Polyurethane Sealant"). The filler shall be placed in the correct position before concrete is placed against it. Holes or joints in the joint filler shall be filled with joint sealant to prevent the passage of mortar or concrete from one side of the joint to the other. 201-4 CONCRETE CURING MATERILAS 201-4.1 Membrane Curing Compounds. Add the following: Unless otherwise directed by the Engineer, contractor shall use curing compound Type 1-D -Clear or translucent with fugitive dye for all concrete work, as specified in this section of the SSPWC. SECTION 203 -BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. ADD the following: 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10-RAP for surface course, and B-PG64-10-RAP for base course. Asphalt concrete shall be class D2-PG?0-10 for dikes and class E-PG?0-10 ditches. Asphalt concrete may contain a maximum of 15% RAP. 203-6.4.3 Composition and Grading, add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. ('\ •+' Revised 9/28/17 Contract No. 6049-17 Page 116 of 126 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values or b. Marshall Stability1 in accordance with the Asphalt lnstitute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. 1Only use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +/-5. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +/-0.5 of the design mix and the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix compiles with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-3. Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.3.2 (A). 203-6.8 Asphalt Concrete Storage, add the following: Storage of asphalt concrete shall not be allowed on this project. Stored concrete shall not be used in the work. {'\ •+; Revised 9/28/17 Contract No. 6049-17 Page 117 of 126 SECTION 209 -ELECTRICAL COMPONENTS 209-3.7 Pull Boxes. Replace this subsection in its entirety with the following: Pull boxes shall conform to the provisions in Subsection 86-2.06, "Pull Boxes", Subsections 86-2.06A, "Materials" and 86-2.068 "Cover Markings" of the Caltrans Standard Specifications and these special provisions. Pull boxes and covers shall be precast reinforced concrete except when the box is subjected to vehicular traffic loads. Steel reinforcing shall be as regularly used in the standard products of the respective manufacturer. Cover marking on all new traffic signal pull boxes shall be "Traffic Signal" for traffic signal systems and "Lighting" for street light systems. The marking text shall be between one to three inches ( 1 "- 3") high. Enclosures, covers, and extensions shall be concrete gray color. All covers shall have two (2) 0.375" brass or stainless steel stud bolts with nuts and washers recessed into the cover for securing the cover to the box. Pull box covers shall not contain hold-down bolts or hold-down bolt holes. Unless otherwise stated, fiber-optic interconnect pull boxes shall be standard size 6E (with extension). All fiber optic pull box lids shall be concrete, one-piece lids. 209-3.7.1 Traffic Pull Boxes. Add the following new subsection: Traffic pull boxes shall conform to the provisions in Subsection 86-2.07, "Traffic Pull Boxes", of the Caltrans Standard Specifications and these special provisions. SECTION 210 -PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CAL TRANS Specification No. 8010-004 (Type II). CAL TRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CAL TRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. Add the following section. 210-1.8 Preformed Thermoplastic Pavement Markings. Preformed Thermoplastic Pavement Markings shall be Premark brand manufactured by Flint Trading Company 115 Todd Court, Thomasville, NC 27360, Premark 20/20 Flex brand manufactured by Flint Trading Company 115 Todd Court, Thomasville, NC 27360, Pavemark brand manufactured by Stimsonite Corporation, 6565 West Howard Street, Niles, IL 60714 or approved equal. ,, • ., Revised 9/28/17 Contract No. 6049-17 Page 118 of 126 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 -EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. Add the following paragraphs to this subsection: Clearing and Grubbing shall also include the protection of all items to remain, sawcutting, cold milling AC pavement, demolition of existing improvements, salvaging existing materials (topsoil) and improvements as specified or shown on the Plans, removal of deleterious materials, and proper disposal from the Project site of all existing surface and subsurface materials as required to construct the improvement as shown on the Plans and as described in the Specifications. Typical items to be removed include, but are not limited to, extra soil at curb ramp reconstruction sites, trash, fences, posts, poles, gates, street signs, AC paving, striping {by grinding), decorative concrete, concrete driveway, curb ramps, concrete sidewalk, concrete curb and gutter, concrete headwall structures, retaining walls, landscape border logs, decorative walls, concrete pavers, reinforcing steel, rock, boulders and cobbles, trees, stumps and roots, shrubs, other vegetation or organic materials, soil, irrigation systems, spoils, debris, sewer pipe, storm drain pipe, storm drain inlets and grates, electrical conduits and pullboxes, wire, utility cabinets or boxes, drinking fountains, guardrails, delineators, pavement markers, and all other objectionable materials which interfere with the Work whether or not specifically indicated on the Plans or otherwise shown to be protected or relocated. Abandoned utility lines and structures not removed with Engineer's approval shall be filled with blown sand and conduits plugged. Concrete and bituminous pavement shall be removed to neatly sawed edges. Sawcuts shall be to a minimum depth of four inches (4"). During construction operations, the Contractor shall provide temporary graded pedestrian access and continuing maintenance thereof to provide safe, smooth, stable and continuous access to all residences and businesses within the Project area. All costs, if any, associated with operations shall be borne by the Contractor and no additional payment shall be made to the Contractor. Clearing and grubbing shall also include the relocation, adjusting or salvaging of all facilities so indicated on the Plans which are not designated as separate bid items or which are not included in other bid items. 300-1.3 Removal and Disposal of Materials. Add the following: Also included in clearing and grubbing shall be removal and disposal of existing asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. l'\ •ff Revised 9/28/17 Contract No. 6049-17 Page 119 of 126 300-1.3.2 Requirements. Revise the first two sentences of paragraph b) to read as follows: a) Concrete Pavement. Concrete pavement shall be removed to neatly sawed edges. Sawcuts shall be made to a minimum depth of four inches (4"). Revise the first sentence of paragraph c) to read as follows: b) Concrete Curb, Walk, Gutters, Driveways, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of four inches (4"). Revise the last sentence of paragraph c) to read as follows: Curb and gutter shall be sawed to a minimum depth of four inches (4"), or otherwise as required to prevent damage to the adjacent concrete to remain, on a neat line at right angles to the curb face. 300-1.4 Payment. Revise this subsection to read as follows: The BID SCHEDULE DOES NOT include a bid item for Clearing and Grubbing. Payment for Clearing and Grubbing shall be included in the various items of work and no additional compensation will be allowed therefore. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "California Storm Water Best Management Handbook, Construction Activity", January 2015 edition as published by the Storm Water Quality Task Force. The Contractor shall maintain a copy of the "California Storm Water Best Management Handbook, Construction Activity", latest edition the project site and shall conduct its operations in conformity to said Handbook. ,, •+;' Revised 9/28/17 Contract No. 6049-17 Page 120 of 126 Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods. b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Payment for all work required to provide Storm Water Pollution Prevention Plan and Implementation of Erosion Control shall be included in the lump sum price included in the Bid specified as Storm Water Pollution Prevention Plan and Erosion Control, as separate bid items. Such price shall include full compensation for preparing the Storm Water Management Permit, the Storm Water Pollution Prevention Plan (SWPPP) where applicable, performing erosion control and water pollution control, conforming to the operational requirements herein, providing and maintaining all BMPs, removing all construction BMPs, and conforming to the requirements of the State Water Resources Control Board of California NPDES General Permit for Storm Water Discharges associated with Construction and Land Disturbance Activities, Order No. 2012-0006-DWQ, NPDES No. CAS000002, including the latest amendments, and no additional compensation will be allowed therefore. SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1. 7 Payment. Modify the first paragraph as follows: The BID SCHEDULE for this Project DOES NOT list a bid item for preparation of subgrade. Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or re- {'\ -~ Revised 9/28/17 Contract No. 6049-17 Page 121 of 126 compact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 -ROADWAY SURFACING Add the following section: 302-9 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section. 302-9.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction of existing subgrade in conformance with section 301-1, grading and compaction of base material in conformance with section 301-2, application of grade SS-1h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1.4 Curbs. Add the following new subsection: PCC Curb and Gutter shall be formed along the gutter lip using specified form material. For projects where curb and gutter is being constructed adjacent to existing pavement, unless otherwise specified or shown on the plans, a section of pavement twelve inches (12") wide, measured from the lip of the gutter, shall be removed to allow for the gutter lip to be formed. The twelve inch (12") slot shall be paved after the curb and gutter is fully cured, to avoid damage from paving operations. The Contractor shall exercise great care to construct curbs conforming strictly to ADA standards at locations where curb ramps will be constructed. The curb face shall be depressed to a flush surface with no lip at the flowline. The slope of the asphalt leading up to the curb ramp shall not exceed five percent (5.00%) for a distance of four feet (4') with a maximum two percent (2.00%) cross slope per SDRSD No. G-32A. 303-5.1.5 Walks. Add the following new subsection: Sidewalks shall be constructed in strict conformance with ADA standards. The cross slope on sidewalks shall in no case exceed two percent (2.00%). The clear width of sidewalk shall not be less than forty-eight inches (48"), measured from the back of curb. Construction tolerances shall not be a reason to exceed the minimum or maximum standards of the ADA. The width of the top of the curb cannot be counted as part of the sidewalk clearance. If a monolithic retaining curb at the back of curb ramp or sidewalk with a maximum height of six inches (6'') is required to minimize erosion or match existing improvements or earth, the Contractor shall construct those retaining curbs at the back of the curb ramp or sidewalk to the limits determined by the Engineer. Retaining curbs shall not reduce the sidewalk clear width below the minimum of forty-eight inches (48"). Expansion joints are required only at beginning and ending of curb returns and at all new and existing concrete connection. ('\ •+r' Revised 9/28/17 Contract No. 6049-17 Page 122 of 126 303-5.1.6 Curb Ramp. Add the following new subsection: PCC Curb Ramp shall be constructed in strict conformance with ADA standards. The ADA standards are shown in the latest edition of the San Diego Regional Standard Drawings (SDRSD). For the construction of curb ramps, the Contractor shall refer to, and comply with, all of the requirements for curb ramps shown in the most recent version of the SDRSD Nos. G-27 through G-32B ("CURB RAMP") and Caltrans Standard Plan A88A and A88B (inclusive). The Contractor shall modify, adjust or relocate any adjacent improvements so the curb ramp can be constructed to ADA Standards. Before the placement of any concrete curb or curb ramp, the Contractor shall notify the Engineer if it appears that the specified maximum slopes will be exceeded due to existing conditions, to allow the Engineer the opportunity to provide direction. If the Engineer determines that a TYPE C CURB RAMP (per SDRSD No. G-29) must be constructed instead of a TYPE A or TYPE B CURB RAMP (per SDRSD No. G-27 & G-28), to fit existing conditions or minimize impacts to private property, the Contractor shall construct the alternate type of ramp. The Engineer shall pay the bid price for the specified ramp if there is no bid price for the alternate ramp. The Contractor shall include in the unit price for Curb Ramps all related costs not covered by other bid items. 303-5.2 Forms. 303-5.2.2 Slip-Forms. Add the following sentence to the end of the first paragraph: Contractor shall give Engineer the opportunity to confirm the slip-form shoe is set at the correct batter for the concrete curb and gutter. 303-5.5 Finishing. 303-5.5.4 Gutter. Add the following before the first sentence of the first paragraph: Cross gutters and spandrels shall be constructed in accordance with the Plans. Prior to acceptance of the valley gutter constructed by the Contractor, a flow test shall be conducted by the Contractor in the presence of the Engineer. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Subsection 303-5. 7 ("Repairs and Replacements."). 303-5.5.2 Curb. Add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2{A) Curb Face Markings T e of under round facilities Water Service Lateral Sewer Service Lateral lrri ation Water Lateral or Sleeve Markin w s RW 303-5. 7 Repairs and Replacements. Revise this subsection to read as follows: Any new work found to be defective or damaged, cracked, chipped, discolored, improperly finished, heaved, vandalized, or for any other reason does not conform to the specifications, prior to its acceptance, shall be replaced by the Contractor, at the Contractor's expense, as approved by the Engineer. ,, •+' Revised 9/28/17 Contract No. 6049-17 Page 123 of 126 The Contractor shall exercise great care in the construction of curb ramps to ensure compliance with the ADA standards. Any curb ramps that do not satisfy the ADA requirements in any aspect, including exceeding the minimum or maximum values by ANY amount, shall be removed and replaced by the Contractor at his expense. Construction tolerances shall not be a reason to exceed the minimum or maximum standards of the ADA. SECTION 307 -STREET LIGHTING AND TRAFFIC SIGNALS 307-17.8 Pedestrian Signals. 307-17.8.4 Payment. Replace this subsection with the following: Payment for all work related to pedestrian push buttons on traffic signals shall be at the Contract Unit Price in the BID SCHEDULE, complete in place and fully functional. Adjustment of Pedestrian Push Button shall be paid for by the Contract Unit price bid as shown on the BID SCHEDULE and no additional compensation will be allowed. 307-11 PULL BOXES. 307-11.1 General. Add the following paragraphs after the seventh paragraph: When pull boxes within the limits of concrete work are being relocated or adjusted to grade, new pull boxes and covers to match the existing pull box shall be furnished and installed by the Contractor. If a larger pull box is needed to better accommodate the existing wires or conduit, the Contractor shall furnish and install the larger size pull box as directed by the Engineer. Pull boxes that are being adjusted to grade or relocated must be reconstructed like a new pull box. Pull boxes in existing or future sidewalk areas shall be placed at sidewalk elevation. If there is no existing or future sidewalk in the area and an elevation is not shown on plans, pull boxes shall be set at the same elevation as adjacent signal standard base, service cabinet base or signal controller cabinet base. Pull boxes shall be five feet (5') from base or as shown on the plans. The pull box elevations for pull boxes installed in median areas shall match the slope of the two adjacent curbs. The pull box elevation for pull boxes installed in planting areas adjacent to sidewalk or sidewalk area shall be at sidewalk grade. Pull box elevation shall be one-tenth of a foot (0.1 ') above finished grade for all other areas unless elevation is shown on plans or otherwise directed by the Engineer. When pull boxes are placed in dirt and planting areas, a concrete collar shall be constructed around the pull box. The top of the pull box shall match slope of the adjacent top of curb. The surface elevation of the collar shall match the surface elevation of the pull box and slope away from the pull box at a rate of 1 :50 (2% slope). The width of the collar shall be twelve inches ( 12") wide and three and one-half inches (3-½") in depth. The Contractor shall clean all pull boxes entered for installation of conduit or wire of all dirt and debris. All pull box lids damaged by Contractor operations shall be replaced at his/her expense. The wiring in these pull boxes shall be neatly bundled, recoiled and reinstalled in the box. Where existing pull boxes are removed and adjusted to grade, or replaced with new larger boxes, the existing conduits within which the conductors or cables are installed shall be cut back to within two and one-half inches (2-½") of the edge of the new box. When the conduits are cut, the existing cables or conductors must either be removed or well protected. The ends of the cut conduits must (.'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 124 of 126 have bushings placed on them. The bushings can be threadless. The existing conductors or cables shall be re-routed to fit in the pull box. Removed pull boxes shall become property of the Contractor and shall be removed from the project. Removed pull boxes within an improved surface such as concrete sidewalks, will replaced with the improved surface in kind, using methods described within these specifications. 307-11.3 Payment. Replace this subsection with the following: Payment for pull boxes shall be considered as included in the Contract Unit Price as shown on the BID SCHEDULE and no additional compensation will be allowed. SECTION 310 -PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3mm (1/s") in 3m (1 O') when measured parallel to the centerline of the street or more than 6mm (¼") in 3m (10') when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.1 O') thick asphalt concrete overlay is not permitted. {'\ •+;' Revised 9/28/17 Contract No. 6049-17 Page 125 of 126 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for temporary and final traffic striping as shown on the BID SCHEDULE, and no additional compensation will be allowed therefor. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefor. Add the following section: 310-5.6.11 Preformed Thermoplastic Pavement Markings. For asphalt concrete pavement the Contractor shall be apply preformed thermoplastic pavement markings using the propane torch method recommended by the manufacturer. The preformed thermoplastic pavement markings shall not be applied at ambient and road temperatures below 80 C (328 F). The Contractor shall clean, dry and remove all debris from the pavement before applying preformed thermoplastic pavement markings. Portland Cement Concrete pavement the Contractor shall use the same application procedure as described for asphalt concrete pavement. However, at the Contractor's option a compatible primer sealer may be applied before application to assure proper adhesion. ,, •+;' Revised 9/28/17 Contract No. 6049-17 Page 126 of 126 APPENDIX A Door Hanger APPENDIX "A" CITY OF CARLSBAD ROADWORK ABC CONTRACTORS OFFICE# (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear resident: As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be resurfaced with asphalt concrete over the existing roadway surface. This construction will require the closing of your street to through traffic for one day. Your street, from XYZ St. to DEF Ave. will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: XX/XX/XX from 7:00A.M. to 5:00 P.M. If you don't plan to leave your home by 7:00 A.M. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad's Project Inspector. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at the above phone number if you have any questions regarding the project. Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector @ (xxx) xxx-xxxx. Thank you for your cooperation as we work to make a better City of Carlsbad. APPENDIX B San Diego Regional Standard Drawings, Carlsbad Engineering Standards and Caltrans Standard Drawings SEE M-2 FOR MANHOLE FRAME ND COVER ........ T C I-~ N~ l +~ XO z w w (/) ----- T (:: • A #4 n AROUND OPENING WING WHERE OCCURS ON ONE OR BOTH SIDES .., B 4• RADIUS---~ C J TRANSITION TO NORMAL CURB HEIGHT IN 1 O' ON BOTH SIDES UNLESS OTHERWISE NOTED SEE NOTE 7 CURB LINE 5• SEE D-12 FOR CONTINUOUS GALVANIZED STEEL FACE ANGLE AND PROTECTION BAR .., A PLAN • B EDGE OF GUTTER SECTION 8-8 6"MIN (TYPICAL BOTH SIDES) L -LENGTH SHOWN ON PLANS SLOPE TO MATCH CURB PROFILE OR AS SHOWN ON PLANS • ;·-·-·-· ·-· 1~ -·-·~: Jz 1 ~ 3" CLR 7-1/2" 4-#4 AROUND PIPE OPTIONAL CONSTRUCTION JOINT 6" MIN ABOVE INVERT • SLOPE FLOOR 12: 1 30 D LAP~ y I TOWARDS OUTLET (TYP) -----j T f---Y -j i7=-----30 D LAP (TYP) Y IS DETERMINED BY PIPE SIZE -4' MIN, 8' MAX SECTION C-C NOTES 1. SEE D-11A, D-11 B & D-12 FOR ADDITIONAL NOTES AND DETAILS. #4 @ 12" #4 @ 6" 3-#4 Y+10" 1-------l X (4' MIN) {SEE NOTE 11) SECTION A-A 2. TYPES ARE DESIGNATED ON PLANS AS FOLLOWS: B (NO WING), B-1 {ONE WING) or B-2 (TWO WINGS). 1' ~ SEE SDARSD D-11A & D-11B FOR HORIZONTAL & FLOORING J REINFORCEMENT l~f ~--- OPTIONAL CONSTRUCTION JOINT 6" MIN ABOVE INVERT 30 D LAP {TYP) 3. MAINTAIN 1-1 /2" CLEAR SPACING BETWEEN REINFORCING AND CONCRETE SURFACE UNLESS OTHERWISE NOTED. 4. STEPS SHALL BE INSTALLED WHEN V EXCEEDS 4'. SEE D-11A FOR DETAILS. 5. CONCRETE GUTTER TO MATCH ADJACENT GUTTERS. 6. AN EXPANSION JOINT SHALL BE PLACED AT THE ENDS OF THE INLET WHERE THE CURB IS TO ADJOIN. 7. PROVIDE 1/4" TOOLED GROOVE IN TOP SLAB IN LINE WITH BACK OF ADJACENT CURB. 8. SURFACE OF TOP SLAB TO MATCH SIDEWALK FINISH AND SLOPE. 9. IF REQUIRED BY LOCAL AGENCY, EXTEND TOP SLAB STEEL REINFORCEMENT 12" INTO ADJACENT SIDEWALK. 10. ELEVATIONS SHALL BE SHOWN ON PLANS WHERE INDICATED BY "O" SYMBOL. LEGEND ON PLANS 11. IF REQUIRED BY LOCAL AGENCY, ENLARGE CURB INLET TOP TO WIDTH OF ADJACENT SIDEWALK {X + T NOT TO EXCEED 5' -6") BY LENGTH OF INLET INCLUDING WING(S). REINFORCING STEEL SHALL BE P7:---, EXTENDED ACROSS ENLARGED TOP TO CLEAR DISTANCES SHOWN. Revision By Approved ORIGINAL Kercheval Reformatted T. Stanton Edited T. Stanton Edited S.S. T. Regello Edited T.R. T. Regello Date 12 75 04/06 02/09 03/11 10/15 RECOMMENDED BY THE SAN DIEGO SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE CURB INLET -TYPE B DRAWING NUMBER 12 11. '2015 D-02 • N ...___ ~ I 1/2" ~ ANCHOR BAR @ 3' OC MAX • <1 • <.O 3" RADIUS-~ . 00 10" 3 8" 1 "~ PROTECTION BAR I I ., · I I <I . I I / f,-·. ~+----.,£)~[ I 1J q <I .,i ·q q q <I .. £1 <1 <I <I £1 . q I -6" -12" 4" X 3" X 3/8" 1/4" I 11r RADIUS <1. q .J .. <Ul. £1 <I LJ<1~ -.J <1 1 ·~ SUPPORT BOLT <I <fl <I -I <I q • <.O 11 ~ (.!) [jJ ::r: CD a:: :::, u ~ LLJ Si S2 z LLJ ::r: ~ . 0 . N ...___ NOTES 1. FACE ANGLE SHALL BE CAST CONTINUOUSLY INTO STRUCTURE FOR THE ENTIRE LENGTH "L". 2. ALL EXPOSED METAL PARTS SHALL BE HOT-DIPPED GALVANIZED AFTER FABRICATION. 3. WHEN CURB INLET OPENING HEIGHT (H) EXCEEDS 6", INSTALL 1 ·~ STEEL PROTECTION BAR. STEEL PROTECTION BAR SHALL BE EMBEDDED 8" INTO CURB INLET. 4. INSTALL ADDITIONAL BARS AT 3-1 /2" CLEAR SPACING ABOVE FIRST STEEL PROTECTION BAR WHEN OPENING EXCEEDS 13". 5. WHEN CURB INLET OPENING LENGTH EXCEEDS 8' INSTALL 1 ·~ STEEL SUPPORT BOLTS SPACED AT NOT MORE THAN 5' OC. Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ORIGINAL Kercheval Reformatted T. Stanton Edited T. Stanton Edited S.S. T. Regello Edited T.R. T. Regello 2 75 04/06 02/09 03/11 10/15 CURB INLET OPENING DRAWING NUMBER 12. 17, '2015 D-12 6" 1/2'' R w z ::J OJ O:'.'. =::, u \ ·~ 2" WEAKENED PLANE JOINT 1" R ... 4 . .., ... <i • . . (/) z 0 ~w _J (/) w3: w O:'.'. O:'.'. w w :::r:: :::r:: 1-3::: 0 ~~ WU ~o w z NZ ......... 3::: 0 I :::r:: ~ (/) t i----------w------------i ~ TYPE w *AREA G 24" 1.34 SQ. FT. H 30" 1.60 SQ FT. * 6" CURB HEIGHT NOTES: 1. CONCRETE SHALL BE 520-C-2500. 2. SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS. 3. SLOPE TOP OF CURB 2% MAX TOWARD GUTTER. Revision By Approved Date ORIGINAL KERCHEVAL 12/75 SAN DIEGO REGIONAL STANDARD DRAWING ADD METRIC T. STANTON 03/03 EFORMATTE T. STANTON 04/06 CURB AND GUTTER -COMBINED UPDATED MR MR/CV 11/11 UPDATED CV CV 12/15 LEGEND ON PLANS RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE DRAWING NUMBER 1Z 17, '2015 G-02 1/4" . . .. ... . .. . •· ~: . EXPANSION JOINT FILLER MATERIAL 1/8" R .. . . . .. ..... ,A -1 I--1 /2" (PAVEMENT) · .... 1 / 4" MIN - 1 /2'' MAX (SIDEWALK) EXPANSION JOINT 1/8" R . . " . .. ... . ·. ·-·· . •, . . . . -. . . . . . . . : ... ·. '• .·. : -.· ........ . 1/2'' (#4) x 24" SMOOTH, GREASED OR OILED BAR, 30" ON CENTER CONTACT JOINT T 1/8" R 1/8" PREFORMED JOINT FILLER .·. · ... · .. ·.· .. · ... · ... _.. •, '•. = N ·.··. ·.·· -j f-1/4" ... .. . ·. . .. ... . • • : '• '·.L ... :. I, •• . •. • ._' • •· • •• •. WEAKENED PLANE JOINT CURB AND SIDEWALK 1-1/2'' . . .. .. _ ... · .... : .. · ... · ·,6. E . ··4 --j j-1/4" .... .. :· .. .... · ....... . .. .: . . .... WEAKENED PLANE JOINT GUTTER AND CONCRETE PAVEMENT 1/8" ... ·. : ':·. f-.---1-5/8" KEYED JOINT __ ... · ·. _ ... . .. : ... T .•. . Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY lHE SAN DIEGO REGIONAL STANDARDS COMMlffiE ORIGINAL PARKINSON 02/95 ADD METRIC T. STANTON 03/03 T. STANTON 04/06 UPDATED CV MR/CV 11/11 REVIEWED CV CV 12/15 CONCRETE JOINT DETAILS Chai DRAWING NUMBER 12. 17, "2015 G-10 NOTE: EXISTING SCORE MARK AREA TO BE REMOVED 5', OR FROM JOINT IN PANEL, WHICHEVER IS LESS SIDEWALK PLAN EXISTING ,JOINT EXISTING SCORE MARK~I • f · .. ' . . l . ·--._; ·._· -. , ·-§ AREA TO BE REMOVED -1~,EXIS.TIN~ Jrn~Tt• ~ --'"' II ~ -· --· · -· · .. -. •.: .. : . . .. -. .-. .-·· . SIDEWALK SECTION AREA TO BE REMOVED 5', OR FROM JOINT IN PANEL, WHICHEVER IS LESS CURB PLAN 30" MIN. FROM EXISTING JOINT OR EDGE OF CURB CURB LINE GUTTER LINE I '" AREA TO BE REMOVED • , .. 5' MIN. FROM EXISTING • 1 5' MIN. JOINT OR EDGE OF PAVEMENT EXISTING JOINT OR EDGE EXISTING JOINT OR EDGE . /. : .. , ., . I-:::, . /. :. _,-,. . ~ .• . _: . .-·. . ... : u . . · .. ,. PAVEMENT SECTION CONCRETE 1-1/2" MIN. REMAINING EDGE TO BE SMOOTH AND TRUE WITH NO SHATTER TO BE REMOVED T 1. SIDEWALK CROSS SLOPE SHALL BE 2% MAX. · • ~ ._ ' . A ..• 2. WHEN DISTANCE FROM "AREA TO BE REMOVED" TO EXISTING JOINT, EDGE OR SCORE MARK IS LESS THAN MINIMUM SHOWN, "AREA TO BE REMOVED" SHALL SECTION BE EXTENDED TO JOINT, EDGE OR SCORE MARK. SHOWING CUT Revision By Approved ORIGINAL KERCHEVAL ADD METRIC T. STANTON EFORMATTE T. STANTON UPDATED CV MR/CV REVIEWED CV CV Date 12/75 03/03 04/06 11/11 12 15 RECOMMENDED BY THE SAN DIEGO SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE CONCRETE CURB, GUTTER, SIDEWALK AND PAVEMENT REMOVAL AND REPLACEMENT DRAWING NUMBER 12, 17, '2015 G-11 ·-" -.. -· ..... _,, <. A PLAN 1 Q' UNLESS OTHERWISE 1 . SHOWN ON PLAN ' I 1.5% 1.5% - P.C.R. RADIUS ----------~ ........ .......-.......-///1 ........ .......-/ I I / I I / I I / I ~I / ~I CONTACT JOINTS PER STANDARD DRAWING G-1O WHEN SEPARATE POURS ARE MADE 1/2'' R lYP. \_ BASE MATERIAL AS SHOWN ON PLANS SECTION A-A NOTES: 1. CONCRETE SHALL BE 56O-C-325O. 2. ---------= WEAKENED PLANE JOINTS. 3. ----= TYPICAL FLOWLINES. 4. o = ELEVATIONS TO BE SHOWN ON PLANS. 5. RETURN SEGMENTS TO BE 7" THICK. 6. CURB BETWEEN P.C.R.S SHALL BE CONSIDERED AS PART OF THE CROSS GUTTER. 7. IN ALL CASES SUBGRADE SHALL BE COMPACTED TO 95% MIN. RELATIVE COMPACTION TO DEPTH OF 12". LEGEND ON PLANS Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ORIGINAL KERCHEVAL ADD METRIC T. STANTON EFORMATTED T. STANTON UPDATED CV MR/CV REVIEWED CV CV 12/75 03/03 04/06 11/11 12 15 CROSS GUTTER DRA'MNG NUMBER 12, 17, '2015 G-12 MONOLITHIC CURB IF SPECIFIED OR REQUIRED 12" WIDE BORDER SEE DETAIL A STANDARD DRAWING G-32A SEE lYPE B Z 4'-0" Z l_A PLAN -TYPE A SIDEWALK CURB MONOLITHIC CURB IF SPECIFIED OR REQUIRED FACE OF CURB 12" WIDE BORDER SEE DETAIL A STANDARD DRAWING G-32A z TRANSITION AREA FACE OF CURB LIP OF GUTTER 4' MIN 4'-o" z LA R W LIP (TOE) OF GUTTER PLAN -TYPE B X ~: .. :_-.. .-., .. '.·:= :: .-, - ELEVATION NOTES: TOP OF CURB GUTTER FLOW LINE 1. SEE STANDARD DRAWING G-32A FOR GENERAL NOTES. y 4" THICK MIN 5% MAXIMUM GUTTER APRON SLOPE AT RAMP OPENING SEE DETAIL B STANDARD DRAWING G-32A 2. FOR TRUNCATED DOMES DETAILS, SEE STANDARD DRAWING G-30. 3. Z SIDE SLOPE SHALL BE 10:1. SECTION A-A 4. LANDING CROSS SLOPE SHALL BE 2.0% MAX IN BOTH DIRECTIONS. 5. SEE STANDARD DRAWING G-32B FOR X, Y, AND Z DETAILS. RECOMMENDED BY THE SAN DIEGO Revision By Approved Date 04/86 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ORIGINAL BAHMANIAN UPDATE D. DAVIES REVISED T. STANTON UPDATED MR MR/CV REVIEWED CV CV 12/04 04/06 03/12 12/15 CURB RAMP -TYPES A AND B (NEW CONSTRUCTION) Chai DRAWING NUMBER 12, 17, '2015 G-27 ~ (!) ~z • ci oz I <C -:.t ....J 12" WIDE BORDER SEE STANDARD DRAWING G-32A DETAIL A I • LANDING • I _ .-t? }'.'!}{X\i'.::':'.-t{\-: 1·::: _ . ,._._,-, 00000 00000000000 -_' ·- .. -: , ... · 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O -:'~· _. .. : . ... _. ~} .. ~--·i' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~b. ·~ .· ~ .. _ .· .· ,·,_. 00000 000000000000 .·>\ .. .6.. _ TRANSITION AREA ~ ....J ~ w 0 vi (!) z F== en x w _ .:-~:-·.-.~-_-: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -~-_. /'·,., .. __ TRUNCATED DOMES--+-++-+-+-+-_-__ ,. __ ·•:_•_--·-i::::: : : : : : : : : : : : o , -~~-' ~ .· · ·"···,._··-: i,·.00000 000000000000 · _.,., •, •·"- Revision ORIGINAL UPDATE REVISED UPDATED UPDATED . ·' '_-___ ,_·. :. __ ;_ .-.--_. '. ,·. Z* 4'-0" i--A PLAN FACE OF CURB LIP (TOE) OF GUTTER X I Z* I 4'-o" I Z* rTOP OF CURB • •, • " , . · 1 1/ GUTTER FLOW LINE ___._: ~L;?B--F--;;:=-_:;:::.':-:.:::, . .7:?:.~.7.-,7:7.-·7/?-.~.·T'-,:-.F3-.. ":_.",_<-==-,:;\_,.,....:~J ~.r- ELEVATION 4'-0" MIN y SEE NOTE 4 4" THICK MIN SECTION A-A 5% MAX GUTTER APRON SLOPE AT RAMP OPENING EXISTING PAVEMENT CONCRETE GUTTER NOTES: By MR CV 1. SEE STANDARD DRAWING G-32A FOR GENERAL NOTES. 2. TYPE A-1 IS A DESIGNATION FOR RAMP AT CURB RETURN. 3. TYPE B-1 IS A DESIGNATION FOR RAMP AT STRAIGHT CURB (SHOWN ABOVE). 4. LANDING CROSS SLOPE SHALL BE 2.0% MAX IN BOTH DIRECTIONS. 5. FOR TRUNCATED DOMES DETAIL, SEE STANDARD DRAWING G-3O. 6. SEE STANDARD DRAWING G-32B FOR X, Y, AND Z* DETAILS. Approved BAHMANIAN D. DAVIES T. STANTON MR/CV CV Date 02/95 12/04 04/06 03/12 12/15 SAN DIEGO REGIONAL STANDARD DRAWING CURB RAMP -TYPES A-1 AND B-1 (FOR EXISTING SIDEWALK) RECOMMENDED BY ll-tE SAN DIEGO REGIONAL STANDARDS COMMIITTE DRA~NG NUMBER 12. 17. '2015 G-28 12" WIDE BORDER SEE STANDARD DRAWING G-32A, DETAIL A TRUNCATED DOMES 5% MAX GUTTER APRON SLOPE AT RAMP OPENING SEE STANDARD DRAWING G-32A, DETAIL B NOTES: I. CT 3'-0" . , .. ,· . : ~ ~ ·. ,.· .-, . ' , . 4'-0" A_J PLAN~ . I . 4· -0". I . CT . I ELEVATION 4' -0" MINIMUM LANDING TRUNCATED DOMES SEE NOTE 3 MONOLITHIC CURB MEET SIDEWALK ELEVATION BACK OF SIDEWALK FACE OF CURB ~ LIP (TOE) OF GUTTER X TOP OF CURB GUTTER FLOW LINE 4" THICK MINIMUM SECTION A-A 1. TYPE C ARE ONLY TO BE USED TO MITIGATE EXISTING CONDITIONS WHERE INADEQUATE RIGHT OF WAY EXISTS. TYPE C RAMP IS NOT TO BE USED IN NEW CONSTRUCTION, UNLESS APPROVED BY AGENCY. 2. SEE STANDARD DRAWING G-32A FOR GENERAL NOTES. 3. LANDING CROSS SLOPE SHALL BE 2.0% MAX IN BOTH DIRECTIONS. 4. FOR TRUNCATED DOMES, SEE STANDARD DRAWING G-30. 5. CT (CURB TRANSITION) SHALL BE 8.33% MAXIMUM. 6. SEE STANDARD DRAWING G-32B FOR X, Y, AND CT DETAILS. Revision By Approved Date ORIGINAL R. MUNOZ 05/97 SAN DIEGO REGIONAL STANDARD DRAWING ADD METRIC T. STANTON 03/03 UPDATE D. DAVIES 12/04 CURB RAMP TYPE C REVISED T. STANTON 04/06 UPDATED MR MR/CV 03/12 (FOR EXISTING SIDEWALK) RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMlmE Chai DRAWING NUMBER G-29 DETAIL 1 (/) ::::ii: w • :::> ::=. ~~ 0 ::::ii: Cl NU z Cl 1:2 (!) ::::ii: ~ :z < "to c3 0 u ·< :z ~CL I :::> @(/) r0 ~ 4'-o" TRUNCATED DOMES @ 1.6" TO 2.4" SPACING C/C ••••••••••••••••••••••••• •• ••••••••••••••••••••••••• •••••••••••••••••••••••••• •••••••••••••••••••••••••••• • ••••••••••••••••••••••••••• •••••••••••••••••••••••••••• •••••••••••••••••••••••••••• •••••••••••••••••••••••••••• •••••••••••••••••••••••••••• •••••••••••••••••••••••••••• •••••••••••••••••••••••••••• •••••••••••••••••••••••••••• •••••••••••••••••••••••••••• •••••••••••••••••••••••••••• PLAN -TILE NOT TO SCALE NOTES 1. DETECTABLE WARNING SURFACE COLOR SHALL BE YELLOW CONFORMING TO FEDERAL STANDARDS 595B TABLE IV, COLOR NO. 33538, OR AS SPECIFIED BY THE AGENCY. COLOR SHALL BE HOMOGENEOUS THROUGHOUT THE TILE. 1.6" TO 2.4" 2. TRUNCATED DOME TOP DIAMETER OF 50% OF THE BASE DIAMETER MINIMUM TO 65% OF THE BASE DIAMETER MAXIMUM. 0.65" MIN 000 000 000 000 .------+--0--l----llllt'4--t-----0 r SEE NOTE# 2 ~ N 0 r- (0 ~ z ::::ii: LO (0 ci 000 00000 0000000 00000 000000000 000 0000000000000000000 00000 000000000 000 ~-------~~--0000000 00 00000 0 00 L__ __ l------e--+--114111Ctl---+-0 DETAIL 1 NOT TO SCALE 00 000 0 NOTE: PATTERN, SIZE & ORIENTATION ARE PER MANUFACTURER'S RECOMMENDATION )f R A . , . •. I> A. . SEE NOTE # 3 0.90" TO 1.4" RECOMMENDED BY THE SAN DIEGO Revision By Approved Date ORIGINAL PARKINSON 02/95 SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ADD METRIC T. STANTON UPDATE D. DAVIES UPDATED MR MR/CV UPDATED MR MR/CV 03/03 12/04 03/12 TRUNCATED DOMES 03/12 DRAWING NUMBER 12. 17, '2015 G-30 4'-o" 6" MONOLITHIC CURB 3'-0" 4'-o" MIN EXISTING NON-CONTIGUOUS SIDEWALK Revision ORIGINAL UPDATE REVISED UPDATED UPDATED TRUNCATED DOMES 5% MAX GUTTER APRON SLOPE AT RAMP OPENING 3'-0" STREET TYPICAL PLAN THE RAMP SIDE FLARES AND GROOVES MAY BE ELIMINATED BY THE ENGINEER AND REPLACED WITH A MONOLITHIC CURB FLUSH WITH THE EXISTING GROUND AND SIDEWALK. A _j 12" WIDE BORDER SEE STANDARD DRAWING G-32A, DETAIL A PLAN VIEW 3'-0" I ,4'-0" MIN LANDING I TRUNCATED SEE NOTE 2 I· DOMES I _B.33% MAX NOTES SEE STANDARD DRAWING G-32A, DETAIL B 1. SEE STANDARD DRAWING G-32A FOR GENERAL NOTES. 2. LANDING CROSS SLOPE SHALL BE 2.0% MAX IN BOTH DIRECTIONS. 3. FOR TRUNCATED DOMES DETAILS, SEE STANDARD DRAWING G-30. By Approved Date RECOMMENDED BY THE SAN DIEGO SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE PARKINSON 02/95 D. DAVIES 12/04 T. STANTON 04/06 CURB RAMP TYPE D Chai -MR MR/CV 03/12 DRAWING G-31 CV CV 12/15 NUMBER 4'-0" MIN I ' LANDING 'I LJNE OF CURB SEE NOTE #6 f'\ 12" Vv1DE BORDER I \ 8.33% MAX A TRUNCATED DOMES SEE STANDARD DRAWING G-30 12" 1/4 .. 1 r1/4"] T' DETAIL A 12" WIDE BORDER NOTES REMOVE & RECONSTRUCT PAVEMENT AS SHOWN ON PLANS TO PRO~DE 5% MAX SLOPE WITHIN 4' -0" RAMP APPROACH. 6" MIN 8" MAX 1. THE REMOVAL OF EXISTING CONCRETE CURB, GUTTER, SIDEWALK, AND PAVEMENT FOR PEDESTRIAN RAMP INSTALLATION SHALL COMPLY WITH STANDARD DRAWING G-11. FOR CONSTRUCTION OF CURB RAMPS ON EXISTING SIDEWALKS, REMOVAL OF ADDITIONAL SIDEWALK MAY BE REQUIRED TO COMPLY WITH ADA REQUIREMENTS TO MEET EXISTING GRADE. 2. CONCRETE SHALL BE CLASS 520-C-2500. 3. AREAS SHOWN THUS: [~'.·>>:!j SHALL HAVE A MEDIUM TO HEAVY BROOM TEXTURE FINISH, PERPENDICULAR TO THE AXIS OF THE RAMP. AREAS SHOWN THUS: l><:\:<_/I ARE THE MINIMUM REQUIRED FOR A COMPLETE RAMP INSTALLATION. 4. IF OBSTRUCTIONS SUCH AS INLETS, UTILITY POLES, FIRE HYDRANTS, ETC., ARE ENCOUNTERED, THE RAMP LOCATIONS MAY BE ADJUSTED UPON THE APPROVAL OF THE AGENCY. 5. THE RAMP SLOPES WILL BE MEASURED RELATIVE TO THE SIDEWALK SLOPE. ADJOINING SLOPE BEYOND THE RAMP SHALL NOT EXCEED 20: 1 (5%). 6. LANDING CROSS SLOPE SHALL BE 2.0% MAX IN BOTH DIRECTIONS. 7. EDGE OF TRUNCATED DOME PANEL SHALL BE LOCATED 6" MINIMUM AND 8" MAXIMUM FROM THE GUTTER FLOWLINE. Revision By Approved Date RECOMMENDED BY THE SAN DIEGO SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ORIGINAL PARKINSON 02/95 UPDATE D. DAVIES 12/04 12, ti'. '2015 REVISED T. STANTON 04/06 GENERAL NOTES FOR CURB RAMPS Chai UPDATED MR MR/CV 03/12 DRAWING G-32A REVIEWED CV CV 12/15 NUMBER TABLE A TABLE B I X y z CT X y z Z1 CURB RAMP SIDE CURB CURB RAMP SIDE SIDE HEIGHT LENGTH SLOPE TRANS. HEIGHT LENGTH SLOPE SLOPE ( 1 2: 1) ( 10: 1) ( 12: 1) ( 10: 1) ( 1 2: 1) 1 " 1'-0" 1 '-6" 0'-0" 1 " 1'-0" 1 '-6" 1 '-0" 2" 2'-0" 1'-8" o'-o" 2" 2'-0" 1'-8" 2'-0" 3" 3'-o" 2'-6" o'-o" 3" 3'-0" 2'-6" 3'-0" 4" 4'-0" 3'-4" o'-o" 4" 4'-o" 3'-4" 4'-0" 5" 5'-o" 4'-2" o'-o" 5" 5'-0" 4'-2" 5'-0" 6" 6'-0" 5'-o" o'-o" 6" 6'-0" 5'-0" 6'-0" 7" 7'-o" 5'-10" 1-0" 7" 7'-0" 5'-10" 7'-0" 8" 8'-0" 6'-8" 2'-0" 8" 8'-0" 6'-8" 8'-0" TYPE A AND B CURB RAMPS TYPE A-1 AND B-1 CURB RAMPS TABLE C X CT CURB CURB NOTES HEIGHT TRANS. ( 12: 1) 1. DIMENSIONS X, Y, Z, Z1, AND CT MAY BE DETERMINED BY USING THE TABLES ON THIS SHEET WITH PRIOR 4" 4'-0" AGENCY APPROVAL. WITHOUT AGENCY APPROVAL, DIMENSIONS SHOULD NOT EXCEED THE MAXIMUM SLOPE 5" 5'-0" OR RATIO PROVIDED. 6" 6'-0" 2. Z* REFERS TO Z OR Z1 IN TABLE B. Z SIDE SLOPE 7" 7'-o" SHALL BE 10: 1, EXCEPT PER NOTE 3. 8" 8'-0" 3. FOR TYPE A-1 AND B-1 CURB RAMPS, WHERE A 4' 9" 9'-0" LANDING CANNOT BE CONSTRUCTED DUE TO INADEQUATE RIGHT OF WAY, A 3' MINIMUM LANDING IS ACCEPTABLE 1 o" 10'-o" WITH PRIOR AGENCY APPROVAL AND PROVIDED THE SIDE SLOPES ARE REVISED TO 12: 1 PER SIDE SLOPE Z1 IN 11 " 11 '-o" TABLE B. 12" 12'-o" 13" 13'-o" TYPE C CURB RAMP Revision By Approved Date RECOMMENDED BY THE SAN DIEGO SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ORIGINAL MR MR/CV 03/12 . , UPDATED CV CV 12/15 ._ J~ 12/17/2015 NOTES FOR CURB RAMPS Chai¢erson R.C.E. 19246 Date DRA'MNG NUMBER G-32B 2" X 1" diamond mat, 1/8" deep 3/4" radius lug slot in both sides of rim 15" Open position mark, 1 /8" deep groove in both sides of rim and cover. 1/16" 1/8"-- 1/8" R 1 1 22· \ ~!-<7~~~~~ Dia. Clear Opening 1L ___ J 1/8" R TOP OF FRAME & COVER Letters 1· high, 314• no other inscription to appear on exposed surfaces. SECTION THROUGH RIM 1 , 23 5/8" outside dia. of cover , I \,/·:j mtaw z z mtl'--··;.\f 7/a" ~ /~~,L__---L.__L ~ • · 22" Dia. Clear O enin . · • Machined Surface NOTES SECTION THROUGH FRAME & COVER 5/8" R BOTTOM OF COVER 1. Frame and cover shall be cast iron. Cast iron shall conform to ASTM 48, Class 30. 2. Frame and cover for use in non-traffic area only. 3. Weights: Frame 29 lbs -33 lbs. Cover 95 lbs. -110 lbs. 4. Imported frames and covers shall have the country of origin marked in compliance with federal regulations. ~~ _, N ,,_,--~-----,- 1/4" ____j ~ 7/8"-l 3/8" -----1 SECTION THROUGH LUG Outline where ribs j~i~--=---I ~u 3/4" 3/8" SECTION THROUGH RIB AT MID RADIUS 0.--------------, FOR Sewer Projects Storm Drain Projects Water Projects MARK Sewer Storm Drain Water Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY TI-IE SAN DIEGO REGIONAL STANDARDS COMMITTEE ORIGINAL Delete Metric Reviewed 24• MANHOLE FRAME AND COVER LIGHT DUTY DRAWING NUMBER M-02 NOTES 1. Structural steel tubing used for post & sleeves shall be galvanized 12 gauge cold rolled steel, of the nominal dimensions shown hereon and meet the requirements of ASTM A446 Grade A. 2. Galvanizing shall be per ASTM A525. Posts & sleeves shall have 7 /16" die. holes spaced 1" o.c. ±1 /8" & shall have no more variation in straightness than 1 /16" in 3'. Posts shall be square within ±0.014", have twist no greater than 0.062" in 3' and have corner radii of 5/32" ±1/64". 3. The signs shall be mounted on posts in accordance with Section 56, "Signs" of the State Standard Specifications. All fastening hardware is to be provided by the Contractor. 4. Maximum sign size 5.2 sq. ft. 6' (Unless Otherwise Shown on Plans) __ _ _j_ C O'> ·1n ..,_ 0 ... Q) ..... C Q) 0 0 ..... in i---N cxi E ::, E ·x C ~ 2 1/4"x 2 1/4" 12 Gauge Post 2"x 2"-12 Gauge Post----_,, 3" 0 0 0 0 0 0 0 2"± 3/8" Rivet (typ.) o Rivet Specification o Dimension: 3/8" Dia. Shank 0 7/8" Dia. Head 0 Grip Range: .200-.356 Finish: Electro-Galvanize 0 0 0 0 0 0 ASTM-8-633 Type Ill SCI 3/8" Rivet (typ.) 11°11 --'\: 0 • / / II II ~ 'Ix> IL.JI ~ 0 Existing Ground ----l I--2" Anchor Post Revision By Approved Date Updated D. Gerachoffer 15-Dec SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE BREAK-AWAY SIGN POST DRAWING NUMBER M-45 15' C P.C.R . .4_ 0---<..:. •• ' ~I '-~I "-a_l I ____ [ __ _ C . . ..t ]~_C.[L __ I •• I . * a::: lo la.: I SEE STD. DWG. FOR ~PH DETAIL PLAN OF CROSS GUTTER VARIABLE 6' 3' 3' I I AGGREGRA TE BASE SECTION A-A SECTION C-C SECTION B-B 3/8" LIP TYPICAL 11-·-~E_V.,.A ... P..,.PR....,.O...,;,V ... ED----+-DA;,,;,,;T..,E+--______ C .... IT .... Y_O_F_CA_R_L_S_B_A_D _____ /J~ t/ ~ 6-04 SPECIAL CROSS GUTTER CITY ENGINEER DA TE ( STEEP GRADES ) SUPPLEMENTAL GS g STANDARD NO. - P.C.R. ,------ 1 I I .I 51 0..:1 51 a.: I I I I I L _____ _ P.C.R. L _ KG 1 - G 3 PLAN _J I , , L--~----------~~--------------415 ~~ / V v /v 14 / I/ ~~/--+v--+--+--,L/-+--+--~ 13 ~" /v / I/ /v 12 / / I/ / I/ I/ 8 '#. / / / ,; / ,I// 4 3 2 1 ._R __ E;.;,;V • ......,_AP...,P..,.ROii,,iV_E_D ,.._D_A_TE...,_ __ c_r_T_Y ___ O_F_C_A_R_L_S_B_A_D ____ /!3 ~ ~ 6-04 GRAPH FOR CITY ENGINEER DATE SPECIAL CROSS GUTTER ~~:~6~~~N~~~ GS-10 Gutter not SIDEWALK SEE NOTE 9 :~1 Min CASE A SIDEWALK ~ I ,.,,., ..1-.o~----~ "-·· I NOTE 9 '9.0% Mox ~ CASE P CROSSWALK IF PROVIDED DETAIL A TYPICAL TWO-RAMP CORNER INSTALLATION See Note 1 ---r.) ( RETAINING CURB (' IF NECESSARY AT ~ S'-0" I EDGE OF SIDEWALK 1-Min FRONT EDGE OF "I""": "j \ \ I SIDEWALK CASE B 4) SIDEWALK 9,0% Mox AT CURB © 2016 Col ifornio Deportment of Transportation Al I Rights Reserved FRONT EDGE OF SIDEWALK --rp RETAINING CURB IF NECESSARY AT EDGE OF SIDEWALK S'-0" CASE C o 4511 Min AND 0.47" M~x I r:___________1_ • TOP D1aC::S --:-T "' o: 0.9" Min AND os;~~ ~~~ I r SIDEWALK @ ~-July 15, 2016 RAISED TRUNCATED DOME TO ACCOMPANY PLANS DATED ____ _ SIDEWALK (9.0¾ Max AT CURB FRONT . EDGE OF "\ SIDEWALK SEE NOTE 9 NOTES: 1. As site conditions dictate, Case A through Case G curb ramps may be used for corner installations similar to those shown in Detail A and Detail B. The case of curb romps used in Detail A do not hove to ~~d t~fo~~ml~~;~rins~ ~~r~i~~ ;i~~itGio~~r~i~+6f!. also may be used at 2. If distance from curb to bock of sidewalk is too short to accommodate romp and 4'-2" platform (landing) as shown in Case A, the sidewalk may be depressed longitudinally as in Case B, or C or may be widened as in Cose D. 3. When romp is located in center of curb return, crosswalk configuration must be similar to that shown for Detail B. 4. As site conditions dictate, the t"etoinlng curb side and the flared side of the Cose G ramp shal I be constructed in reversed position. 5. If located on a curve, the sides of the ramp need not be parallel, but the minimum width of the ramp shol I be 4'-2". 6. Side slope of romp flores vary uniformly from o maximum of 9.0¼ at curb to conform with longitudinal sidewalk slope adjacent to top of N 0 ... 0 ::u m < (/) m C (/) -I FRONT r----&----\ f EDGE OF 1 SIDEWALK I ----=----------RETAINING CURB CASE F CASE G See Note 4 the romp, except in Cose C and Cose F. 7. The adjacent surfaces at transitions at curb romps to walks, gutters, lz)> and streets shall be at the some level. :===--(BOTH SIDES OF RAMP) I 4-m~--'~11~1.,1~~,-J~,~c:'~"C"S:CE:C-"-;-N;;;O:;:;:TE 9 SEE -\V Typ CASE E C .., C > &? 0.. ~ WHERE A FLARED SIDE OCCURS PROVIDE 2'-0" Min OF CURB WHERE A FLARED SIDE OCCURS PROVIDE 2'-0" Min OF CURB IF PROVIDED DETAIL B TYPICAL ONE-RAMP CORNER INSTALLATION See Notes 1 and 3 ~ ,\ n-----'~1 1~1.5¾ Max) >-T SECTION A-A SEE NOTE B SECTION B-B Depress entire s I dew a I k as requ I red RETAINING CURB GUTTER IF NECESSARY FLOWL~-__________ -r SEE NOTE B 1.5¾ Maxf ,_f SEE NOTE B SECTION c-c 1.,~~_l ~ -;=f LIMIT OF PAY RETROFIT PAY LIMITS Existing curb and sidewalk 8. ~~J~i!~t s~~p~~do=1~~/~i~~n~ng~::e~1 +g~ ~~~g ~6~ta~i~I/mn~~db°etely ~!;~~ef0~h~gc~ =~9-6r?·2i\i~~~~er pan slope shall not exceed 1" of 9. Curb romps shol I hove a detectable warning surface that extends the ful I width and 3'-0" depth of the romp. A 4'-0" wide detectable warning surface may be used on a 4'-2" wide curb ramp. Detectable Warn in~ Surfaces shal J conform to the requirements in the Standard Specifications. 10. Sidewalk and ramp thickness, "T", shol I be 3½" minimum. 11. Utility pull boxes, manholes, vaults and all other utility facilities within the boundaries of the curb romp wil I be relocated or adjusted to grade by the owner prior to, or in conjunction with, curb ramp construction. 12. Detectable warnin9. surface may have to be cut to al low removal of utility covers whI le maintaining ful I detectable warning width and depth. ~00 2.3" Min AND 2.4" Max M~ ~ 0 CENTER TO CENTER SPACING 0 ell 0 RAISED TRUNCATED DOME PATTERN (IN-LINE) DETECTABLE WARNING SURFACE See Note 9 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CURB RAMP DETAILS NO SCALE ASP AB8A DATED JULY 15, 2016 SUPERSEDES ASP A88A DATED JULY 3, 2015, RSP ABBA DATED MARCH 21, 2014 AND RSP ABBA DATED JULY 19, 2013 AND STANDARD PLAN ABBA DATED MAY 20, 2011 -PAGE 121 OF THE STANDARD PLANS BOOK DATED 201 O. REVISED STANDARD PLAN RSP ASSA C )> ::u C -a r-)> z ::u (/) -a )> co co )> Gutter not shown DETECTABLE WARNING SURF ACE, SEE NOTE 2 CURB RAMP, SEE NOTE 7 "' _, ; =.10. .~ ~ I CROSSWALK "'0 "'jx ~"' 7.5¾ Max "1 IF PROVIDED (v_. CASE CM CURB RAMP DETECTABLE WARNING SURFACE, SEE NOTE 2 RAISED ISLAND '-SIDEWALK SEE NOTE SEE NOTE 3 >-"' ., " w _, w > "' "' e-l· <S> ~ ¢' "-"" CURB RAMP, SEE NOTE 7 TYPE B PASSAGEWAY RETAINING CURB IF NECESSARY © 2016 California Deportment of Transportation A 11 Rights Reserved l "' _, ; CURB RAMP, SEE NOTE 7 "' _, ~ V, SLOPE PASSAGEWAY TO DRAIN 1.5¼ Mox CURB RAMP, SEE NOTE 7 SEE NOTE >-"' ., ~ j RAISED ISLAND 6' Min RAISED ISLAND SEE NOTE 3 DETECTABLE WARNING SURFACE, SEE NOTE 2 >-"' ., " d > "' i= TYPE A PASSAGEWAY RAISED ISLAND DETECTABLE WARNING SURFACE, SEE NOTE 2 SEE NOTE 3 >-"' ., " d ~ i= TYPE C PASSAGEWAY PASSAGEWAY gl I 4~j~,1 '1 r£ /~~~ft~Eis0[AND $.'. Li' I -----t Eb 1.5¾ Mex 1-) ~ lj RETAINING CURB SECTION A-A SECTION B-B "' _, "' ., w ~ CURB RAMP, SEE NOTE 7 i TO ACCOMPANY PLANS DATED ____ _ NOTES: 1. Sidewalk, romp and passageway thickness, "T", shal I be 31/2" minimum. 2. For detol Is of detectable warning surfaces, see Revised Standard Plan RSP A88A. 3. Where on island passageway length is greater than or equal to 6'-0", but fess than 8'-0", each detectable warning surface shal I extend the ful I width and 2'-0" depth of the passageway length. Where on island passageway length is greater than or equal to 8'-0''. each detectable warning surface shal I extend the ful I width and 3'-0" depth of the passageway length. A 4'-0" wide detectable warning surface may be used on a 4'-2" wide island passageway. 4. !~r ki~jg~\et~trss,u6~~c:ir~!t!r~g~ i r ig~s a-?\~~r~o~~mpesve~~ 5. Utility pull boxes, manholes, vaults and all other utility facilities within the boundaries of the curb romp will be relocated or adjusted to grade by the owner prior to, or in conjunction with, curb ramp construction. 6. Detectable warning surface may have to be cut to al low removal of utility covers while maintaining ful I detectable warning width and depth. 7. For additional curb romp details, see Revised Standard Plan RSP A88A. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CURB RAMP AND ISLAND PASSAGEWAY DETAILS NO SCALE RSP ABBS DATED JULY 1 5, 2016 SUPERSEDES RSP ABBB DATED JULY 3, 2015, RSP ABBS DATED MARCH 21, 2014 AND RSP ABBS DATED JULY 19, 2013 AND STANDARD PLAN ABBS DATED MAY 20, 2011 -PAGE 122 OF THE STANDARD PLANS BOOK DATED 2010. REVISED STANDARD PLAN RSP A88B ~ 0 ..... 0 ::0 m < en m C en -I )> z C )> ::0 C ,, r )> Z1 ::0 en ,, )> ! ex, ex, m I'\) ....J 0 DRAINAGE INLET AT J4 GRAVEL BAG BERMS PLACED SAG OR LOW POINT~ It. TO INTERCEPT RUNOFF FROM I , CONVERGING DIRECTIONS CURB OR DIKE ~----: ---1 ~ ========== ~ ,_£!:Q! EDGE OF TRAVELED WAY -----------------ROADWAY --PLAN CONFIGURATION FOR SAG POINT INLET <GRAVEL BAG BERM> IDi 5t j COUNTY I ROUTE GRAVEL BAG BERM (TYPE 3A) SPACING TABLE SLOPE OF ROADWAY (PERCENT) 1 TO 3.9 I 4 TO 5.9 6 TO 7 .9 J 8 TO 1 0 10+ INTERVAL BETWEEN BERM 100' 75' 50' I 25' 12' /µ4"b/~_ For slope of less than 1 ¾, lns-tal I barriers only if eroslon/sedlmen-t ls prevalent LIC£NSED LANDSCAPE ARCI-JITECT ~<,,,,S:0,.~,C:"l;;~ll~l:;,, TRENCH ANO EMBED EROSION CONTROL BLANKET OR GEOSYNTHETIC FABRIC IN TRENCH ADJACENT TO DRAINAGE INLET-------EROSION CONTROL BLANKET OR GEOSYNTHETIC FABRIC ~ SECTION A-A LINEAR SEDIMENT 1 1 BARRIER (GRAVEL BAG USTAPLE &~ .. ,~., ~ 6" x 6" TRENCH NOTES: 1. Place safety cones adjacent to drainage inlet protection. 2. Dimensions may vary to flt ffeld conditions. 3~ Jnstal I a minimum of 3 grovel bag berms upstream of each drainage inlet to be protected. 4. Position erosion control blanket or geoeynthettc fabric at edge of concrete apron and secure in trench. I\) 0 % PLACE ADDITIONAL BAGS ON TOP OF _:,.....,-CURB AND UPSTREAM OF GRAVEL BAG BERM TO PREVENT OVER TOPPING. / ----~ INSTALL GRAVEL-FILLED BAGS FLUSH -~ AGAINST CURB OR DIKE FACE. 5. Erosion control blanke-t or geoeynthetlc fabric I~ le not required If the area adjacent to { CONSTRUCT GRAVEL BAG BERM BY TIGHTLY ABUTTING GRAVEL-FILLED ~ll BAGS TO E~l~:N_A ~:. GAPS ANO VO!OS STACK GRAVEL-FILLED BAGS 1-LAYER HIGH FOR SPILLWAY ANO 2-LAYERS HIGH FOR REMAINING BERM "'· I-~-----;'---' ~::.:::; EXTEND AS NECESSARY TO FORCE PONDED RUNOFF OVER SPILLWAY INSTEAD OF OUT FLANKING AROUND END OF BERM. PERSPECTIVE S!OEWALK OR ~ SHOULDER BACKING ~ 7 ~:::~~~A:AG BERM -1-_:_r-_ = (h-7 CURB OR DIKE 7.· I \l~~~ ___l___"l.-. '"D=ccJ DRAINAGE INLET 4'-0" Min FROM EDGE OF TRAVELED WAY ,_£!:Q! 6'-0" Min I I ~ ROADWAY--PLAN TEMPORARY DRAINAGE INLET PROTECTION (TYPE 3Al <GRAVEL BAG BERM) LINEAR SEDIMENT BARRIER (GRAVEL BAG BERM SHOWN) s-1<~ ~l' "<o.-~ ct-SHEITFLOW ~* 'V " """' <; PLAN the drainage Inlet le vegetated or paved. SPILLWAY WITH SINGLE LAYER OF GRAVEL-FILLED BAGS CONCRETE APRON (IF PRESENT, SEE NOTE 4) CONSTRUCT GRAVEL BAG BERM BY TIGHTLY ABUTTING GRAVEL-FILLED BAGS TO ELIMINATE GAPS ANO VO!OS -J SHEET FLOW 1-+--+~--++-~ SECURE EROSION CONTROL BLANKET OR GEOSYNTHETIC FABRIC WITH STAPLES (SEE NOTE 5) ---+-t-~ EDGE OF EROSION CONTROL BLANKET OR GEOSYNTHETIC FABRIC ,' ~ ,uoo, Li r STEEL WIRE STAPLE DETAIL TEMPORARY DRAINAGE INLET PROTECTION CTYPE 3Bl STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TEMPORARY WATER POLLUTION CONTROL DETAILS (TEMPORARY DRAINAGE INLET PROTECTION) NO SCALE T62 (/) -t > z C > ::u C ~ r-> z -t 0) I\) APPENDIX C Caltrans Encroachment Permit (Placeholder) APPENDIX D Sidewalk Tile Information Supplier http://thompsonbldg.com/material/pavers/ Address: 6618 Federal Blvd. San Diego, CA 91945 Call (619) 287-9410 Hours: Monday -Friday 5:30AM to 5PM Saturday 7 AM to 3:30PM Manufacturer EnDHOTT'~ http://www.endicott.com/tileColors.html?ironspots Tile Medium lronSpot #46 Wirecut 4"X 8" TILE -IRONSPOTS 3-5/8" X 7-5/8" TILE 0 NOT AU. P1t0DUCT5 Nl.f AVAlt.48lf N AU. CDl.OR5 AHlfOI. Sl2f. Pl..fASE CONTICT ENOICD1T R>R MIAllAAJlY. II ERll[ffl"